IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
ACNE TELEMEDICINE TERMS & CONDITIONS OF USE AGREEMENT Acne Telemedicine at Aesthetic Dermatology Associates, PC (“ADA”) is a mobile-based platform (using web access and/or mobile device applications) that that provides you quick access to quality care for suspected acne provided by health care providers engaging through the Site (the “Services”). Acne Telemedicine Services at ADA is available through www.adaderm.com (the “Website”) and offers a mobile friendly application or portal access on a mobile phone or tablet (“Mobile App;” collectively the Website and the Mobile App are referred to as the “Site”) to connect you with a dermatologist or other health care provider utilizing Acne Telemedicine Services at ADA. These terms of use apply to Acne Telemedicine Services at ADA “Users,” that is patients and their caregivers (“Patient Users”) and dermatologists, other healthcare providers, and their staff accessing or utilizing Acne Telemedicine Services at ADA (“Dermatologist Users”).
Aesthetic Dermatology Associates, PC (“Telemedicine Services at ADA” “we,” or “us”) owns and operates the Site. These terms of use apply to all Acne Telemedicine Services at ADA Users (“you”) and the Services provided through the Site. Please read the following carefully. This is a legally binding “Agreement” between you as a User and Acne Telemedicine Services at ADA. These terms of use together with all amendments, addenda, and licenses, and collectively with all Acne Telemedicine Services at ADA rules and policies, constitute the entire Agreement between you and us regarding your access to and use of Acne Telemedicine Services at ADA. This Agreement also includes our Site and Service Privacy Policyavailable at www.adaderm.com and any Patient Consent you sign in connection with the Services. By accessing or using Acne Telemedicine Services at ADA (including the Site or any of the Services) you signify that you have read the Agreement and that you understand and agree to be bound by the Agreement, as well as all applicable laws and regulations. Please be aware that Acne Telemedicine Services at ADA (including the Site and the Services) is not designed or intended to be used for emergencies or life-threatening conditions and we disclaim all liability for use of Acne Telemedicine Services at ADA in connection with these circumstances. Also, Acne Telemedicine Services at ADA (including the Site and the Services) is not intended in any way to be a substitute for in-person consultations between providers and patients. The Services, Site and content are only intended to be used for access to online consultation with Dermatologist Users and Acne Telemedicine Services. Definitions The term “Personal Information” refers to any information collected or available through Acne Telemedicine Services at ADA that identifies or could be used to identify a User, including, for instance, health information, payment information, contact information, etc. A “Personal Representative” is the person who is the patient’s legal representative, such as a parent or court-appointed guardian. In these Terms of Use, “you” may include the Personal Representative as a User. “You” may also mean the patient when we are discussing diagnosis and treatment.
A. PERSONAL INFORMATION/AUTHORIZATION FOR USE AND DISCLOSURE For Patient Users, you understand that you or your Personal Representative will submit your Personal Information to Telemedicine Services at ADA through the password-protected Patient Portal or through the Mobile App, and that the information will be entered into our Electronic Health Record systems. You may send secure messages to Telemedicine Services at ADA through the Patient Portal. The secure Patient Portal may also permit you, as available, to communicate with Telemedicine Services at ADA according to instructions on the portal. Although Telemedicine Services at ADA maintains a general email account (see below), you recognize that general email (such as through a Google account) is a less secure form of electronic communication, and therefore you will not use email to send Personal Information, to confirm appointment reminders, etc. You authorize Telemedicine Services at ADA to electronically store your Personal Information, and to disclose it to your Telemedicine Services at ADA, its affiliates, the Dermatologist User and other third parties as necessary, such as to your credit card company for payment purposes or to the pharmacy to fill your prescription. You further authorize your Telemedicine Services at ADA Dermatologist User to use and disclose Personal Information that includes your diagnosis, treatment plan, prescription, and follow-up instructions as required to provide the Services. Finally, you authorize Telemedicine Services at ADA to contact you via U.S. mail, email, phone or text based on the contact information you have provided, unless you otherwise indicate to Telemedicine Services at ADA. You acknowledge that traditional text message communication is inherently insecure and could be viewed by third parties. You will be offered an opportunity to consent to text message communication for personal health information (PHI), however, if you initiate PHI communication via text message that is viewed as acceptance of text message security risk. (Please be aware that a text may be charged to you depending on your cell phone service plan.) You may request to amend your Personal Information at any time by contacting Telemedicine Services at ADA via the contact information below. Telemedicine Services at ADA will make best efforts to amend your Personal Information. You understand that there may be instances where Telemedicine Services at ADA will not agree to amend your Personal Information, such as if you were to ask us to change your diagnosis provided by a Dermatologist User. For Dermatologist Users, you understand that you will not use Personal Information for any purpose other than as contemplated under this Agreement and any other agreement with Telemedicine Services at ADA regarding the provision of Services through Telemedicine Services at ADA. Please see our Privacy Policy at www.Adaderm.com
B. REPRESENTATIONS AND WARRANTIES For Patient Users, you represent and warrant that:
1. You are acting on behalf of yourself personally or, if you are under age 18, your parent or guardian is acting on your behalf as your Personal Representative. If you are the Personal Representative, you represent and warrant that you have proper legal authority to act on behalf of the designated User. The Site is intended for use only by persons who are at least 18 years of age. For individuals who are under age 18, a parent or legal guardian must accept these Terms of Use on his or her behalf.
2. You will use Telemedicine Services at ADA solely for the purpose of obtaining a diagnosis and treatment recommendations for suspected acne that you describe in writing or with images provided to Telemedicine Services at ADA.
3. The Personal Information you have provided or will provide to us is truthful and accurate to the best of your knowledge, and that you will update the Personal Information as necessary.
4. You will maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to Telemedicine Services at ADA or any portion thereof, and you will not allow any other person or entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. You are solely responsible for following up on your Dermatologist User’s treatment recommendations, such as by getting a prescription filled, using the treatments and products made available by Telemedicine Services at ADA as instructed, scheduling an in-person appointment, or by seeking further care if you do not agree with your Dermatologist User’s diagnosis or treatment recommendations, your condition worsens, or another medical condition arises.
6. You will notify Telemedicine Services at ADA immediately if you become aware of any loss, theft or unauthorized use of a username or password or your Personal Information, such as your credit card information. Telemedicine Services at ADA will make best efforts under this Agreement to mitigate any harm, and reserves the right to delete or change any username or password at any time. If you consult with a provider through the Site, you have a duty to provide appropriate real time audio and video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your physician. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your physician may provide through the Site.
C. CONFIDENTIAL INFORMATION Unless otherwise expressly agreed in writing prior to your submission to us or as set forth in this Agreement, the Privacy Policy, available at www.adaderm.com comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. We shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such information and material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed. You also represent and warrant that any “moral rights” in posted information and materials have been waived.
D. LINKS TO OR FROM TELEMEDICINE SERVICES AT ADA You may not create a link from your website or any other Internet location to the Site without the express written permission of Telemedicine Services at ADA. If Telemedicine Services at ADA grants you permission to link to the Site, Telemedicine Services at ADA reserves the right to revoke such permission at any time. If such permission is revoked, you agree that your failure to sever such link immediately will cause Telemedicine Services at ADA immediate and irreparable injury. Any links to other websites or Internet locations from Telemedicine Services at ADA, such as for payment purposes, have been provided for your convenience only. Telemedicine Services at ADA may at its discretion provide link-throughs to the websites of other entities with whom you may have relationships, such as a plan or provider. Telemedicine Services at ADA does not endorse, sponsor, or approve any of the content of any websites or locations to which Telemedicine Services at ADA links. Telemedicine Services at ADA has no control over any of the websites or other Internet locations that you may access through Telemedicine Services at ADA, or from which you access Telemedicine Services at ADA, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through Telemedicine Services at ADA, you do so at your own risk. To the extent that any of the content included in the Site is provided by third party content providers or other websites, Telemedicine Services at ADA has no editorial control or responsibility over such content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third party suppliers or users on this Site are those of such professional, third party suppliers or users, respectively. Telemedicine Services at ADA does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Telemedicine Services at ADA.
E. MODIFICATION OF TELEMEDICINE SERVICES AT ADA AND THE SERVICES We reserve complete and sole discretion with respect to the operation of Telemedicine Services at ADA and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of Telemedicine Services at ADA, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of Telemedicine Services at ADA or restrict your access to part or all of Telemedicine Services at ADA without notice or penalty. We may suspend or terminate your account or your use of Telemedicine Services at ADA at any time, for any reason or for no reason at all.
F. LICENSE GRANT Subject to the terms of the Agreement, Telemedicine Services at ADA grants you a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive, personal, and revocable license (a) to access and use the Site and the Services as described in these Terms of Use, (b) to upload onto your Telemedicine Services at ADA-compatible phone, personal digital assistant, or other handheld wireless communication device software intended to facilitate communication between the Telemedicine Services at ADA servers or cloud-based services and such devices, and (c) to print from Telemedicine Services at ADA for your personal use only. No license is granted to any third party and you have no right to make available to anyone access to the Site or the Services. You have no right or license to use the Site or Services for the benefit of another, except if you are a Dermatologist User involved in the management or care of a patient, and you are using Telemedicine Services at ADA for the benefit of the Patient User.
G. PRODUCT AND SERVICE Reference to any product or service on Telemedicine Services at ADA does not constitute an offer to sell or supply that product or service (unless specifically so designated on the Site) and does not mean that the product or service is available. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES IDENTIFIED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on Telemedicine Services at ADA does not imply that we endorse that product or service or that the owner of such product or service endorses Telemedicine Services at ADA. You acknowledge the obligation to utilize all products and services in accordance with recommended treatment plans and educational instructions, including any supplements to prescription drugs and treatments, and agree to hold Telemedicine Services at ADA harmless from any negative reactions from any such treatments.
H. OWNERSHIP OF MATERIALS AND USE RESTRICTIONS You should assume that Telemedicine Services at ADA is, unless otherwise stated, the owner of all copyright, trademark, patent, trade secret, database and other proprietary rights to information on Telemedicine Services at ADA, including without limitation, the Site. Without limitation of the foregoing, you should assume that we will assert ownership of a copyright in the entire Telemedicine Services at ADA system, including without limitation, the Site, as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in Telemedicine Services at ADA. You may not publish, distribute, extract, re-utilize, or reproduce any part of Telemedicine Services at ADA in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in these Terms of Use or as permitted by the United States Copyright Act. Except as expressly provided in these Terms of Use and the copyright notice, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights. Notwithstanding the foregoing, Telemedicine Services at ADA does not own the original Personal Information that Users input into Telemedicine Services at ADA. Except as expressly permitted in these Terms of Use, you may not modify or copy in any way any content you obtain from Telemedicine Services at ADA, including without limitation, the Site; distribute or transmit such content to any third party for commercial purposes; frame, scrape, or otherwise display any of the content of Telemedicine Services at ADA on your own or any other website; use such content in any way that is competitive with Telemedicine Services at ADA or that disparages Telemedicine Services at ADA; mass distribute such content through electronic or other means; or make any unauthorized use of such content. Such modification, distribution, transmission, display, or use shall constitute a material breach of these Terms of Use and infringe Telemedicine Services at ADA’s copyrights, patents, trademarks, trade secrets, or other intellectual property rights owned by or licensed to Telemedicine Services at ADA. You may not decompile, reverse engineer or reverse assemble any portion of Telemedicine Services at ADA or the underlying software. If you download or print any content of Telemedicine Services at ADA, you agree to maintain any and all assumed or actual patent, copyright, trademark notices and other notices or statements of proprietary rights appearing on such content and not to remove, obliterate or cancel from view any such notices or statements. Telemedicine Services at ADA has no right or authority to authorize you to access, use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you may access from Telemedicine Services at ADA. You have no right or license to use Telemedicine Services at ADA for the benefit of another in an external service bureau or time-sharing arrangement or otherwise with a user not licensed by Telemedicine Services at ADA. Telemedicine Services at ADA may permit you in its discretion to create and upload text, information and content. You represent and warrant that you have the legal right to such text, information and content and that none of the text, information and content violates the copyright, patent, trademark, trade secret and/or other intellectual property of any other party. Telemedicine Services at ADA reserves the right to remove any text, information or content uploaded by you that it determines infringes on any third party’s copyrights, trademarks, trade secrets, or other intellectual property rights, or that Telemedicine Services at ADA otherwise determines is inappropriate. In connection with your access to and use of Telemedicine Services at ADA, you may not access or use any password-protected, secure, or non-public areas of the Site, except as specifically authorized in writing by Telemedicine Services at ADA; impersonate or misrepresent your affiliation with any person or entity; use any automated means to access or use Telemedicine Services at ADA, including scripts, bots, scrapers, data miners, or similar software; attempt to or actually disrupt, impair, interfere with, alter, or modify Telemedicine Services at ADA, or any information, data, or materials posted or displayed by Telemedicine Services at ADA; access data on the Site not intended for you; or attempt to probe, scan, or test the vulnerability of the Site or breach any implemented security or authentication measures, regardless of your motives or intent.
I. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT Telemedicine Services at ADA respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Telemedicine Services at ADA asks our users to do the same. Telemedicine Services at ADA therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following designated agent:
Aesthetic Dermatology Associates
176 South New Middletown Road
Suite 203
(610) 566-7300
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
J. PROHIBITED USE Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by Telemedicine Services at ADA to be made accessible to a User, (vi) to obtain any materials or information through any means not intentionally made available by Telemedicine Services at ADA, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Site, you agree you will not: (a) Upload or transmit any message, information, data, text, software or images, or other content. that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Telemedicine Services at ADA representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) Violate any applicable local, state, national or international law; (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) Delete or revise any material posted by any other person or entity; (k) Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; (m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) Harvest or otherwise collect information about others, including e-mail addresses; or (o) Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site. Telemedicine Services at ADA reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access and/or account. Telemedicine Services at ADA may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
K. RIGHT TO MONITOR Telemedicine Services at ADA neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Site. However, Telemedicine Services at ADA does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Telemedicine Services at ADA’s sole discretion, may be illegal, may subject Telemedicine Services at ADA or any User to liability, may violate this Agreement, or are, in the sole discretion of Telemedicine Services at ADA, inconsistent with Telemedicine Services at ADA’s purpose for the Site.
L. CREDIT CARD TRANSACTIONS As part of the Services, Telemedicine Services at ADA facilitates your payment of certain fees to Health Care Practitioners from time to time through the Service, however, the only accepted form of payment on the Service is through Solution Reach Pay using certain major credit cards or otherwise. When you pay through Solution Reach Pay by credit card, you hereby authorize Telemedicine Services at ADA to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or Telemedicine Services at ADA is otherwise unable to debit the applicable amounts from your credit card, Telemedicine Services at ADA shall provide notice to you, whereupon you shall immediately furnish Telemedicine Services at ADA with a valid credit card for payment. Your request for services through the Service will not be fulfilled until full payment has been received and/or verified.
M. TRADEMARKS You should assume that all brand, product and service names used regarding Telemedicine Services at ADA are the trademarks, trade names or service marks of Telemedicine Services at ADA, unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other “hidden text” utilizing any such trademarks, trade names or service marks, without the express prior written permission of Telemedicine Services at ADA or the owner of such trademarks, trade names or service marks.
N. INDEPENDENT OF PROVIDERS Information is provided on an “as-is” basis and TELEMEDICINE SERVICES AT ADA disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. TELEMEDICINE SERVICES AT ADA shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any SITE user) in reliance on information about professionals and specialists on the SITE. The use of the site by any entity or individual to verify the credentials of professionals or specialists is prohibited.
O. USE OUTSIDE UNITED STATES Telemedicine Services at ADA makes no representation or warranty that the content of Telemedicine Services at ADA is appropriate, lawful, or available for use in countries other than the United States. If you use Telemedicine Services at ADA, including without limitation, the Site, you are responsible for compliance with all applicable laws.
P. DISCLAIMER OF WARRANTIES AND LIABILITY TELEMEDICINE SERVICES AT ADA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TELEMEDICINE SERVICES AT ADA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU EXPRESSLY AGREE THAT USE OF TELEMEDICINE SERVICES AT ADA IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF TELEMEDICINE SERVICES AT ADA. NEITHER TELEMEDICINE SERVICES AT ADA NOR ANY OF ITS PARTNERS REPRESENTS OR WARRANTS THAT TELEMEDICINE SERVICES AT ADA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT TELEMEDICINE SERVICES AT ADA IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES TELEMEDICINE SERVICES AT ADA OR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF TELEMEDICINE SERVICES AT ADA. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING TELEMEDICINE SERVICES AT ADA. You acknowledge that data entry and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree Telemedicine Services at ADA will not be liable for any such errors, omissions, delays, or losses, unless caused by Telemedicine Services at ADA’s gross negligence or willful misconduct. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data. Telemedicine Services at ADA expressly disclaims any responsibility or liability for, and you agree Telemedicine Services at ADA will not be responsible or liable for: (A) Errors in data or data entry, whether caused by you or the hardware or communications medium used for data entry; (B) Errors in dating or filing data caused by you or the hardware or communications medium used for data entry; (C) Errors in therapeutic conclusions or interventional instructions provided by Dermatologist Users relying on erroneous data or data entry; (D) Malfunction or loss of use of any hardware; (E) Loss or degradation of communications between you and Telemedicine Services at ADA or an Telemedicine Services at ADA service provider for any reason not within control of Telemedicine Services at ADA; (F) Injury to anyone associated with use of any hardware used for data or voice communication with Telemedicine Services at ADA; (G) Failure by you to correct erroneous data or to comply with proper instructions; (H) Errors resulting from unauthorized access to Telemedicine Services at ADA or associated data; and (I) Any damage or injury to anyone directly or indirectly resulting from use of or communication with Telemedicine Services at ADA or where the proximate cause of such damage or injury is not within the control of Telemedicine Services at ADA. You understand that your physician may send you messages, reports, and e-mails via the Site regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
Q. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO TELEMEDICINE SERVICES AT ADA, INCLUDING WITHOUT LIMITATION, THE SITE, ANY SERVICE, OR ANY PRODUCT OR SERVICE ACQUIRED THROUGH TELEMEDICINE SERVICES AT ADA SHALL BE LIMITED TO A REFUND OF ANY AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL TELEMEDICINE SERVICES AT ADA, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING TELEMEDICINE SERVICES AT ADA OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING LOST OR CORRUPTED DATA OR LOST PROFITS OR OTHER ECONOMIC DAMAGES, ARISING FROM OR IN CONNECTION WITH TELEMEDICINE SERVICES AT ADA OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT TELEMEDICINE SERVICES AT ADA RECEIVED FROM YOU FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM. THE LIMITATIONS IN THIS PROVISION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
R. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Telemedicine Services at ADA and its directors, officers, employees, agents and representatives from and against any and all third party claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including but not limited to reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from: (i) your use of Telemedicine Services at ADA, the Site, or the Services or content or of any data provided in connection therewith in violation of the Agreement, including these Terms of Use, by you or any of your partners, employees, agents or contractors; (ii) any claim that Telemedicine Services at ADA as modified or altered by you or your partners, employees, agents or contractors, or the use by Telemedicine Services at ADA of any data submitted by you, infringes the patent, copyright or other intellectual property right, or misappropriates the trade secrets, of any third party; (iii) any inaccurate or incomplete data, or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you; (iv) any breach of the Agreement, including these Terms of Use by you; and (v) any violation of applicable laws, rules or regulations by you.
S. TERM AND TERMINATION Your obligations under the Agreement shall continue for as long as you access or use Telemedicine Services at ADA or use or maintain any of the content of Telemedicine Services at ADA or copies thereof. You may terminate your obligations at any time by discontinuing your use of Telemedicine Services at ADA and by destroying all content obtained from it, and all copies thereof. However, your termination of the Agreement does not relieve you from liability resulting from your failure to comply with the obligations of the Agreement before such termination, and Telemedicine Services at ADA reserves the right to enforce such pre-termination obligations before or after you terminate the Agreement. Telemedicine Services at ADA reserves the right, in its sole discretion, to terminate your access to or use of Telemedicine Services at ADA, including the Site and the Services, and any related services or any portion thereof at any time and for any reason, including, without limitation, breach of the Agreement.
T. FORCE MAJEURE Neither party to the Agreement shall be liable to the other under the Agreement or otherwise for performance that is prevented by a cause outside the control of the party, including without limitation, natural disaster, war, riot, labor disturbance, or failure of publicly available channels of communication.
U. DISPUTE RESOLUTION All disputes seeking only monetary damages and arising out of or relating to the Agreement or Telemedicine Services at ADA’s operation of Telemedicine Services at ADA, except disputes involving infringement or ownership of intellectual property rights, shall be resolved by binding arbitration in Chester County, Pennsylvania, pursuant to the rules of the American Arbitration Association. All disputes seeking injunctions or other non-monetary remedies or involving infringement or ownership of intellectual property rights shall be resolved in the federal district court or applicable state court in Pennsylvania, and you consent to personal jurisdiction and venue in such court.
V. MISCELLANEOUS
Applicable Law The Agreement is governed by and will be construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania, without regard to conflicts of laws principles.
Severability
If any provision or part of a provision of the Agreement is contrary to law, the remaining part of the provision and the remaining provisions of the Agreement will remain in effect.
Operator Notices All formal notices to us shall be sent by phone call (610-566-7300) All notices to you shall be sent to the email address that you provide when you register. Any notice provided under the Agreement shall be deemed given one business day after the email is sent. If you do not register, or register with inaccurate information, you hereby waive any right to notice for any purpose related to the Agreement or Telemedicine Services at ADA. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived.
Assignment You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Telemedicine Services at ADA. Any purported assignment lacking such consent will be void at its inception. Telemedicine Services at ADA may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Site or through our Services.
Contacting Us you have any questions or concerns about these Terms of Use, please contact us at 610-566-7300 or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
Aesthetic Dermatology Associates
176 South New Middletown Road
Suite 203
Media, PA 19063