Please note that West Dermatology doesn’t provide warranties for the Services. This contract also limits West Dermatology’s liability to you and subjects you to binding arbitration in the event of a dispute between you and West Dermatology. See Sections 13, 14, and 15 for details.
If you do not wish to agree to these Terms, do not access or use any part of the Service.
(a) “Personal Information” means any information you store or transmit via the Service and includes, but is not limited to the following:
❖ Your name and contact information, such as your address, phone number, or email address
❖ Your medical history, conditions, treatments, and medications
❖ Demographic information, such as your age, gender, ethnicity, and occupation
❖ Computer information, such as your IP address and “cookie” preferences
❖ Any other information about you that can be reasonably linked to you.
(b) “Service Provider” means any entity that performs certain functions for West Dermatology to support the development, maintenance, and implementation of the Service. Service Providers may include software or website designers and data storage providers.
- Changes to these Terms
West Dermatology may change these Terms at any time by posting the amended Terms on the Site. Any changes to these Terms will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). We may also notify you via the Service and/or by email to the email address associated with your account. If you do not agree to the Terms as amended, you must not use your account and cancel the Service. Your continued use of the Service after the date the amended Terms is posted will constitute your acceptance of the amended Terms.
- Registration; Your Account
To obtain access to certain Services, you may be required to obtain an account with West Dermatology (become a “Registered User“), by completing a registration form and designating a user ID and password. Until you apply for and become a Registered User, your access to the Service may be limited to the areas of the Service, if any, that West Dermatology makes available to the general public. When registering with West Dermatology you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service’s registration form (such information being the “Registration Data“); and, (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You must not permit any other person to use your account. You are responsible for the security of your passwords and for any use of your account.
West Dermatology reserves the right to restrict who is eligible for an account. West Dermatology reserves the right to reject or revoke your account, in its sole discretion, at any time without liability.
- Your Use of the Service; Provider Access
Subject to your continued compliance with these Terms, we will use commercially reasonable efforts to provide the Services to you on a non-exclusive, non-transferable, and revocable basis. We reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and or suspend or stop a Service altogether, at any time and without prior notice to you.
Certain portions of the Service may be used to allow a patient to share certain Personal Information and communicate with a Provider and Provider may submit Personal Information about a patient through the Service. In addition, a Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access their patient Personal Information and communicate with the patient.
You understand that any decision to use the Service is entirely voluntary.
If you are a patient, you acknowledge that; (a) West Dermatology is relying on you to review and assess the qualifications of your Providers; (b) West Dermatology is not responsible for any such entity misidentifying itself or any misuse of the data by such Providers or their authorized personnel. West Dermatology’ sole liability and sole responsibility shall be to discontinue access to any entity or individual which West Dermatology learns misidentified itself/himself/herself or is otherwise misusing your Personal Information.
If you are a patient, your access to the Services may be terminated by: (a) you by contacting West Dermatology at 877-794-5209 or by using any online functionality that West Dermatology may provide from time to time; (b) by your Provider or (c) by West Dermatology. However, copies of all of your Personal Information previously disclosed to any Providers may remain in the possession of such Providers. West Dermatology cannot, and has no obligation to, remove such information from the Provider’s records.
- Not an Emergency Service
Communications between patients and Providers through the Service are not in “real-time”, and should not be used for urgent or emergency situations. West Dermatology does not provide any medical services. The Service does not provide emergency or urgent medical services. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.
- Collection of Your Information; Modification of Your Information
You or your Provider may enter your Personal Information into the Service. West Dermatology may collect such information without your specific, written authorization to do so.
Modifications that you make to your administrative Personal Information within the Service may not be automatically communicated to your Providers IT systems or any third-party sources. If you want your Provider or a third party to know of any such administrative changes (such as billing address and other information) concerning the Service, you must inform the Provider or third-party of such changes.
- Use of Your Information
West Dermatology may also use non-identifiable anonymous data that is taken from the Personal Information you provide and combine it with other anonymous data to create what is referred to as “Aggregate Data” that may be disclosed to third parties. Aggregate Data may include information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. West Dermatology may use (and authorize others to use) Aggregate Data for any purpose, in perpetuity.
- Third-party Content & Services
West Dermatology may make third-party services available through the Service. If you elect to use any service West Dermatology adds to or enables within the Service, such election constitutes your authorization and consent to sharing your Personal Information with all authorized third-parties.
West Dermatology is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. West Dermatology further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. WEST DERMATOLOGY MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
- Not Medical Advice
YOU ACKNOWLEDGE AND AGREE THAT NEITHER WEST DERMATOLOGY NOR THE SERVICE OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. WEST DERMATOLOGY IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT YOU OBTAIN THROUGH THE SERVICES OR YOUR PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON YOUR PERSONAL INFORMATION WITHIN THE SERVICE.
- West Dermatology Proprietary Rights
West Dermatology and its licensors own all proprietary rights to the Service and all content and technology related thereto, except for Personal Information. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of West Dermatology’ or its licensors’ proprietary material in the Service without the prior written consent of West Dermatology. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by West Dermatology. In the event that you provide comments, suggestions and recommendations to West Dermatology with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, “Feedback“), you hereby grant to West Dermatology a world-wide, royalty free, irrevocable, perpetual transferable license to use and otherwise incorporate any Feedback in connection with the Service.
- Restrictions on Use
Your use of the Service including any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (j) post “spam,” transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the Service other than by the interfaces provided by West Dermatology; (p) create, transmit, or display health or other information that you do not own or do not have the right to use; (q) use any device, software or routine that interferes with the proper working of the Service; (r) attempt to interfere with the proper working of the Service; (s) take any action that imposes an unreasonable or disproportionately large load on West Dermatology’ infrastructure; (t) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval; or, (u) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by West Dermatology, may harm West Dermatology or users of the Service or expose them to liability.
- Modification and Termination
West Dermatology may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. West Dermatology may cancel your account and delete all data associated with your account at any time, and without notice for any reason. West Dermatology assumes no liability for any information removed from the Service. West Dermatology also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the Service, you must cease all use of the Service.
- Exclusion of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WEST DERMATOLOGY NOR ANY OF WEST DERMATOLOGY’ LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WEST DERMATOLOGY NOR ANY OF WEST DERMATOLOGY’ LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WEST DERMATOLOGY NOR ANY OF WEST DERMATOLOGY’ LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WEST DERMATOLOGY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY WEST DERMATOLOGY AND WHETHER OR NOT WEST DERMATOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER WEST DERMATOLOGY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE GREATER OF $100 OR THE FEES PAID OR PAYABLE BY YOU TO WEST DERMATOLOGY FOR THE SERVICE DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD FROM WHICH THE FIRST CLAIM AROSE UNDER THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
These Terms will be construed and enforced in accordance with the laws of the State of California without regard to the conflicts of law provisions thereof. You expressly agree that any claim or controversy arising out of or related to these Terms, the Services, or any information transmitted of stored via the Services will be settled by binding arbitration to be held in the Orange County area before a single arbitrator, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim or controversy will be arbitrated on an individual basis and will not be consolidated with a claim of any other party. Each party will bear its own costs relating to such arbitration, and the parties will equally share the arbitrator’s fees. Judgment on any award resulting from such arbitration may be entered in any court having jurisdiction. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California for the enforcement of this arbitration agreement and of any such award. The foregoing will not preclude West Dermatology from seeking any injunctive relief in any court of competent jurisdiction for protection of West Dermatology’s intellectual property rights.
We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service. You may provide legal notice to us via email to email@example.com with a duplicate copy sent via registered mail, return receipt requested, to the following address: Attn: Compliance Officer; 2285 Corporate Circle, Suite 200, Henderson, NV 89074. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.
By registering with West Dermatology, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and, (c) promotional information and materials regarding West Dermatology products and services, via electronic mail.
- General Legal Terms
West Dermatology may assign, transfer, or otherwise dispose of its rights and obligations, in whole or in part, at any time without notice. You may not assign or transfer any rights to use the Service.
The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
If any provision of these Terms (or any part thereof) is unenforceable under or prohibited by any present or future law, then such provision (or part thereof) will be amended, and is hereby amended, so as to be in compliance with such law, while preserving to the maximum extent possible the intent of the original provision. Any provision (or part thereof) that cannot be so amended will be severed from these Terms; and, all the remaining provisions of these Terms will remain unimpaired.
West Dermatology’s electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
These Terms do not confer any rights, remedies, or benefits upon any person other than you.