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TERMS OF USE

 

Last updated June 03, 2024

 

 

 

AGREEMENT TO OURLEGAL TERMS

 

We are True Dermatology ("Company," "we,""us," "our").

 

We operate the website https://www.truedermmd.com/ (the "Site"), as well as any otherrelated products and services that refer or link to these legal terms (the"Legal Terms") (collectively, the "Services").

 

You can contact us by phone at (714)712-0438, email atadmin@truedermmd.com, or by mail to 612 W Duarte Rd, Arcadia, CA91007, United States.

 

These Legal Terms constitute a legally binding agreementmade between you, whether personally or on behalf of an entity ("you"),and True Dermatology, concerning your access to and use of the Services. Youagree that by accessing the Services, you have read, understood, and agreed tobe bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESELEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOUMUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may beposted on the Services from time to time are hereby expressly incorporatedherein by reference. We reserve the right, in our sole discretion, to makechanges or modifications to these Legal Terms at any time and for any reason.We will alert you about any changes by updating the "Last updated"date of these Legal Terms, and you waive any right to receive specific noticeof each such change. It is your responsibility to periodically review theseLegal Terms to stay informed of updates. You will be subject to, and will bedeemed to have been made aware of and to have accepted, the changes in anyrevised Legal Terms by your continued use of the Services after the date suchrevised Legal Terms are posted.

 

The Services are intended for users who are at least 18years old. Persons under the age of 18 are not permitted to use or register forthe Services.

 

We recommend thatyou print a copy of these Legal Terms for your records.

 

 

TABLE OF CONTENTS

 

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PURCHASES AND PAYMENT

5. POLICY

6. PROHIBITED ACTIVITIES

7. USER GENERATED CONTRIBUTIONS

8. CONTRIBUTION LICENSE

9. THIRD-PARTY WEBSITES AND CONTENT

10. SERVICES MANAGEMENT

11. PRIVACY POLICY

12. TERM AND TERMINATION

13. MODIFICATIONS AND INTERRUPTIONS

14. GOVERNING LAW

15. DISPUTE RESOLUTION

16. CORRECTIONS

17. DISCLAIMER

18. LIMITATIONS OF LIABILITY

19. INDEMNIFICATION

20. USER DATA

21. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES

22. CALIFORNIA USERS AND RESIDENTS

23. MISCELLANEOUS

24. CONTACT US

 

 

1. OUR SERVICES

 

The informationprovided when using the Services is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Services from other locations do so ontheir own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable.

 

2. INTELLECTUALPROPERTY RIGHTS

 

Our intellectualproperty

 

We are the owner or the licensee of all intellectualproperty rights in our Services, including all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics in the Services (collectively, the "Content"), as well asthe trademarks, service marks, and logos contained therein (the"Marks").

 

Our Content and Marks are protected by copyright andtrademark laws (and various other intellectual property rights and unfaircompetition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or through theServices "AS IS" for your personal, non-commercial use only.

 

Your use of ourServices

 

Subject to yourcompliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" sectionbelow, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

 

Except as set out in this section or elsewhere in our LegalTerms, no part of the Services and no Content or Marks may be copied,reproduced, aggregated, republished, uploaded, posted, publicly displayed,encoded, translated, transmitted, distributed, sold, licensed, or otherwiseexploited for any commercial purpose whatsoever, without our express priorwritten permission.

 

If you wish to make any use of the Services, Content, orMarks other than as set out in this section or elsewhere in our Legal Terms,please address your request to: admin@truedermmd.com. If we ever grant you thepermission to post, reproduce, or publicly display any part of our Services orContent, you must identify us as the owners or licensors of the Services,Content, or Marks and ensure that any copyright or proprietary notice appearsor is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in andto the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights willconstitute a material breach of our Legal Terms and your right to use ourServices will terminate immediately.

 

Your submissions

 

Please review thissection and the "PROHIBITED ACTIVITIES" section carefullyprior to using our Services to understand the (a) rights you give us and (b)obligations you have when you post or upload any content through the Services.

 

Submissions: By directly sendingus any question, comment, suggestion, idea, feedback, or other informationabout the Services ("Submissions"), you agree to assign to us allintellectual property rights in such Submission. You agree that we shall ownthis Submission and be entitled to its unrestricted use and dissemination forany lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.

 

You are responsiblefor what you post or upload: By sending us Submissions through anypart of the Services you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solelyresponsible for your Submissions and you expressly agree to reimburse us forany and all losses that we may suffer because of your breach of (a) thissection, (b) any third party’s intellectual property rights, or (c) applicablelaw.

 

3. USER REPRESENTATIONS

 

By using the Services, you represent and warrant that: (1) you have the legalcapacity and you agree to comply with these Legal Terms; (2) you are not a minorin the jurisdiction in which you reside; (3) you will not access the Servicesthrough automated or non-human means, whether through a bot, script orotherwise; (4) you will not use the Services for any illegal or unauthorizedpurpose; and (5) your use of the Services will not violate any applicable lawor regulation.

 

If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Services (or any portion thereof).

 

4. PURCHASES AND PAYMENT

 

We accept the following forms of payment:

 



You agree to provide current, complete, and accuratepurchase and account information for all purchases made via the Services. Youfurther agree to promptly update account and payment information, includingemail address, payment method, and payment card expiration date, so that we cancomplete your transactions and contact you as needed. Sales tax will be addedto the price of purchases as deemed required by us. We may change prices at anytime. All payments shall be in US dollars.

 

You agree to pay all charges at the prices then in effectfor your purchases and any applicable shipping fees, and you authorize us tocharge your chosen payment provider for any such amounts upon placing yourorder. We reserve the right to correct any errors or mistakes in pricing, evenif we have already requested or received payment.

 

We reserve the right to refuse any order placed through theServices. We may, in our sole discretion, limit or cancel quantities purchasedper person, per household, or per order. These restrictions may include ordersplaced by or under the same customer account, the same payment method, and/ororders that use the same billing or shipping address. We reserve the right tolimit or prohibit orders that, in our sole judgment, appear to be placed bydealers, resellers, or distributors.

 

5. POLICY

 

All sales are finaland no refund will be issued.

 

6. PROHIBITEDACTIVITIES

 

You may not access oruse the Services for any purpose other than that for which we make the Servicesavailable. The Services may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us.

 

As a user of theServices, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.

 

7. USER GENERATED CONTRIBUTIONS

 

TheServices does not offer users to submit or post content. We may provide youwith the opportunity to create, submit, post, display, transmit, perform,publish, distribute, or broadcast content and materials to us or on theServices, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or othermaterial (collectively, "Contributions"). Contributions may beviewable by other users of the Services and through third-party websites. Whenyou create or make available any Contributions, you thereby represent andwarrant that:

   

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading. 
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Anyuse of the Services in violation of the foregoing violates these Legal Termsand may result in, among other things, termination or suspension of your rightsto use the Services.

 

8. CONTRIBUTION LICENSE

 

You and Services agreethat we may access, store, process, and use any information and personal datathat you provide and your choices (including settings).

 

By submittingsuggestions or other feedback regarding the Services, you agree that we can useand share such feedback for any purpose without compensation to you.

 

We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements or representationsin your Contributions provided by you in any area on the Services. You aresolely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from anylegal action against us regarding your Contributions.

 

9. THIRD-PARTY WEBSITESAND CONTENT

 

The Services may contain(or you may be sent via the Site) links to other websites ("Third-PartyWebsites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and othercontent or items belonging to or originating from third parties("Third-Party Content"). Such Third-Party Websites and Third-PartyContent are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Services or any Third-Party Contentposted on, available through, or installed from the Services, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Services and access theThird-Party Websites or to use or install any Third-Party Content, you do so atyour own risk, and you should be aware these Legal Terms no longer govern. Youshould review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Services orrelating to any applications you use or install from the Services. Anypurchases you make through Third-Party Websites will be through other websitesand from other companies, and we take no responsibility whatsoever in relationto such purchases which are exclusively between you and the applicable thirdparty. You agree and acknowledge that we do not endorse the products orservices offered on Third-Party Websites and you shall hold us blameless fromany harm caused by your purchase of such products or services. Additionally,you shall hold us blameless from any losses sustained by you or harm caused toyou relating to or resulting in any way from any Third-Party Content or anycontact with Third-Party Websites.

 

10. SERVICESMANAGEMENT

 

We reserve theright, but not the obligation, to: (1) monitor the Services for violations ofthese Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including withoutlimitation, reporting such user to law enforcement authorities; (3) in our solediscretion and without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof; (4) in our sole discretion andwithout limitation, notice, or liability, to remove from the Services orotherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.

 

11. PRIVACY POLICY

 

We care about dataprivacy and security. By using the Services, you agree to be bound by ourPrivacy Policy posted on the Services, which is incorporated into these LegalTerms. Please be advised the Services are hosted in the United States. If youaccess the Services from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in the United States, then through your continued use ofthe Services, you are transferring your data to the United States, and youexpressly consent to have your data transferred to and processed in the UnitedStates.

 

12. TERM ANDTERMINATION

 

These Legal Terms shallremain in full force and effect while you use the Services. WITHOUT LIMITINGANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FORNO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAWOR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES ORDELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,IN OUR SOLE DISCRETION.

 

If we terminate orsuspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. In additionto terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.

 

13. MODIFICATIONSAND INTERRUPTIONS

 

We reserve the right tochange, modify, or remove the contents of the Services at any time or for anyreason at our sole discretion without notice. However, we have no obligation toupdate any information on our Services. We will not be liable to you or anythird party for any modification, price change, suspension, or discontinuanceof the Services.

 

We cannot guarantee theServices will be available at all times. We may experience hardware, software,or other problems or need to perform maintenance related to the Services,resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Services at anytime or for any reason without notice to you. You agree that we have noliability whatsoever for any loss, damage, or inconvenience caused by yourinability to access or use the Services during any downtime or discontinuanceof the Services. Nothing in these Legal Terms will be construed to obligate usto maintain and support the Services or to supply any corrections, updates, orreleases in connection therewith.

 

14. GOVERNING LAW

 

These Legal Terms andyour use of the Services are governed by and construed in accordance with thelaws of the State of California applicable to agreements made and to beentirely performed within the State of California, without regard toits conflict of law principles.

 

15. DISPUTERESOLUTION

 

InformalNegotiations

 

To expediteresolution and control the cost of any dispute, controversy, or claim relatedto these Legal Terms (each a "Dispute" and collectively, the"Disputes") brought by either you or us (individually, a"Party" and collectively, the "Parties"), the Parties agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least __________ days before initiatingarbitration. Such informal negotiations commence upon written notice from oneParty to the other Party.

 

Binding Arbitration

 

Any dispute arisingout of or in connection with these Legal Terms, including any questionregarding its existence, validity, or termination, shall be referred to andfinally resolved by the International Commercial Arbitration Court under theEuropean Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) accordingto the Rules of this ICAC, which, as a result of referring to it, is consideredas the part of this clause. The number of arbitrators shall be __________. Theseat, or legal place, or arbitration shall be __________. The language of theproceedings shall be __________. The governing law of these Legal Terms shallbe substantive law of __________.

 

Restrictions

 

The Parties agreethat any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for anyDispute to be arbitrated on a class-action basis or to utilize class actionprocedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons.

 

Exceptions toInformal Negotiations and Arbitration

 

The Parties agreethat the following Disputes are not subject to the above provisions concerninginformal negotiations binding arbitration: (a) any Disputes seeking to enforceor protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft,piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable,then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listedfor jurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.

 

16. CORRECTIONS

 

There may beinformation on the Services that contains typographical errors, inaccuracies,or omissions, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.

 

17.DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT ORTHE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES ANDWE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS INANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

18. LIMITATIONSOF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTSBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THESERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALLTIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

19. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless,including our subsidiaries, affiliates, and all of our respective officers,agents, partners, and employees, from and against any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made byany third party due to or arising out of: (1) use of the Services; (2) breachof these Legal Terms; (3) any breach of your representations and warranties setforth in these Legal Terms; (4) your violation of the rights of a third party,including but not limited to intellectual property rights; or (5) any overtharmful act toward any other user of the Services with whom you connected viathe Services. Notwithstanding the foregoing, we reserve the right, at yourexpense, to assume the exclusive defense and control of any matter for whichyou are required to indemnify us, and you agree to cooperate, at your expense,with our defense of such claims. We will use reasonable efforts to notify youof any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.

 

20. USER DATA

 

We will maintain certain data that you transmit to theServices for the purpose of managing the performance of the Services, as wellas data relating to your use of the Services. Although we perform regularroutine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using theServices. You agree that we shall have no liability to you for any loss orcorruption of any such data, and you hereby waive any right of action againstus arising from any such loss or corruption of such data.

 

21. ELECTRONICCOMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Services, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Services, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SERVICES. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdictionwhich require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other thanelectronic means.

 

22. CALIFORNIAUSERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved,you can contact the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs in writing at 1625North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephoneat (800) 952-5210 or (916) 445-1254.

 

23. MISCELLANEOUS

 

These Legal Terms and any policies or operating rulesposted by us on the Services or in respect to the Services constitute theentire agreement and understanding between you and us. Our failure to exerciseor enforce any right or provision of these Legal Terms shall not operate as awaiver of such right or provision. These Legal Terms operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for anyloss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these LegalTerms is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Legal Terms and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Legal Terms or use of the Services. You agreethat these Legal Terms will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of these Legal Terms and the lack of signing by the partieshereto to execute these Legal Terms.

 

24. CONTACT US

 

In order to resolve a complaint regarding the Services orto receive further information regarding use of the Services, please contact usat:

 

TrueDermatology

612 WDuarte Rd

Arcadia,CA 91007

United States

Phone: (714)712-0438 

admin@truedermmd.com