These terms of use (“Terms of Use”) constitute a legal agreement between you and DermLink, Inc. and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future operate (“DermLink,” “we,” “our” or “us”). As used in these Terms of Use, the words “you” and “your” refer to you, the user of DermLink’s website, device or applications, as the party agreeing to these Terms of Use. The term “Site” includes all websites and all devices or applications that we operate that link to these Terms of Use, pages within each such website, device or application, any equivalent, mirror, replacement, substitute or backup website, device or application and pages that are associated with each such website, device or application. The use of the word “including” in these Terms of Use to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms of Use apply to the Site and the tele-dermatology service we offer on the Site (together with the Site, the “Service”).
By using or accessing any part of the Service or selecting the applicable “I agree” button, checkbox or other similar indication during the registration process or during a subsequent presentation of a revised version of these Terms of Use, you signify your agreement with these Terms of Use and all other policies or notices posted by us on the Site.
If you don’t agree to these Terms of Use, don’t use the Service. You agree that your use of the Service will always be subject to the most current version of these Terms of Use at the time of such use. It is your responsibility to review these Terms of Use from time to time for any changes. If you use the Service after we have changed any of the Terms of Use, you are agreeing to all of the changes. Again, if you do not agree, do not use the Service.
You may not use the Service and you may not accept these Terms of Use if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with DermLink.
If you accept these Terms of Use, you represent that you have the capacity to be bound by them, and we suggest you print or save a local copy of these Terms of Use for your records.
Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.
In addition to these Terms of Use, DermLink has established a Privacy Policy to explain how we collect and use information about you. You can review the Privacy Policy at www.dermlink.md/privacy The Privacy Policy is incorporated by reference into these Terms of Use.
DermLink provides a tele-dermatology-based referral service wherein you (“Patient”), or your primary care physician (“PCP”), on your behalf and with your consent, submits your applicable medical records via the Site and DermLink matches you with a dermatologist who reviews your medical records, provides a diagnosis and any necessary prescription(s) and provides any necessary follow-up steps. You acknowledge that the dermatologist you are matched with may decline to treat you and/or may decline to prescribe you a prescription for your medical condition.
DermLink provides a free tele-dermatology-based referral service wherein you (“PCP”) submit the patient’s contact information and any applicable medical records via the Site and DermLink matches the patient with a dermatologist who reviews the patient’s medical records, provides a diagnosis and any necessary prescription(s) and provides any necessary follow-up steps. DermLink will notify you when the dermatologist issued a diagnosis for the patient you referred.
DermLink provides a free tele-dermatology-based referral service wherein you (“Dermatologist”) are matched with a patient and review the patient’s applicable medical records and provide a diagnosis and any necessary prescription(s) and provides any necessary follow-up steps.
You authorize your PCP to submit your personal information, including your medical records and electronic protected health information (“PHI”), to the Site. You authorize DermLink to electronically store your personal information and to provide that information to a dermatologist for medical review. DermLink will match you with a dermatologist that accepts your health insurance policy and is located within the distance from your zip code that you specified. You authorize the dermatologist to submit your diagnosis, treatment plan, prescription and follow-up steps via the Site and also authorize DermLink to electronically store that information.
You authorize DermLink’s participating dermatologists and/or their staff to contact you via email and phone, and acknowledge that they may leave a message on your phone’s messaging system. You acknowledge that these messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages.
You authorize DermLink to electronically store your personal information including your name, address, telephone number, email address, and professional registration. You can amend your personal information should an adjustment be required.
You authorize DermLink to electronically store your personal information including your name, address, telephone number, email address, and professional registration. You can amend your personal information should an adjustment be required.
Your registration on the Site authorizes you to use the Service, subject to these Terms of Use and DermLink’s rights hereunder, and provided that you do not copy or modify the Service or any part of the Service. It is your duty to provide true, accurate, current and complete personal information, including your current contact information and medical records, which are necessary for us to provide the Service to you.
(a) If you are a Patient: You must not make any misrepresentations in the information you provide to us or that you have your PCP provide to us. In order for the Service to function effectively, you must also keep your account information up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service may be affected and may result in ineffective treatment, misdiagnosis or harm to you. You understand that the Service should never be used for urgent matters. DermLink will make commercially reasonable efforts to assign your case to a dermatologist within one day but cannot guarantee that your case will be reviewed and that a diagnosis and any necessary prescriptions will be issued within a specific time frame. You understand that for urgent matters you should seek emergency care. Please note that this telemedicine evaluation cannot identify skin cancers or lesions in areas we have not reviewed. We recommend at least one in-office total body skin exam to identify lesions and educate you.
It is your responsibility to contact DermLink if you do not understand or do not agree with the diagnosis received by a dermatologist through the Service. It is your responsibility to discontinue use of any prescription prescribed through the Service if you experience any adverse reaction. It is your responsibility to seek additional care if the treatment prescribed by a dermatologist through DermLink is not effective. If you experience any adverse reactions or your medical condition worsens, it is your responsibility to seek emergency care.
(a) If you are a Patient: DermLink charges a fee for the Service. DermLink may withhold the Service until payment is provided. DermLink uses PayPal to process payments for the Service. You agree to provide all information necessary for PayPal to process your payment. It is your responsibility to review and agree to PayPal’s privacy policy and terms of service. If you do not, you may not use the Service.
Your total price may include taxes or other applicable fees that you are responsible for paying. Except as otherwise expressly specified, all payments are final. You may be presented with additional terms related to a specific payments before you confirm the transaction. Those additional terms will also govern that transaction.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify DermLink immediately so that DermLink may take action to attempt to prevent financial loss.
You are solely responsible for any information you or your PCP submit on the Site on your behalf and the consequences such submission. A non-exhaustive list of possible information that you may submit includes all applicable personal information, medical information and records and photographs and images of your dermatological condition.
You warrant and represent to us that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms.
DermLink reserves the right to access any and all clinical case material for use in quality control studies and for analysis of telemedicine cases. This sensitive patient health information will be maintained in a HIPAA secure environment and viewed only by our quality control physicians.
DermLink and our suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and content included in the Service (other than your personal information). If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to DermLink all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
All brand, product and service names used in the Service that identify DermLink or the Service are the trademarks or service marks of DermLink or its licensors. Nothing in the Service or these Terms of Use shall be deemed to confer on any person any license or right on the part of DermLink or any licensor with respect to any such image, logo or name.
If you would like to communicate with us (for example, to provide feedback, comments or requests for technical support), you should contact us through our customer support department at [email protected] or online at https://www.derm-link.com/.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that DermLink, in its sole discretion, may elect to take. Under no circumstances will DermLink be held liable for any damages due to such interruptions or lack of availability.
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