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Terms of use, Privacy policy, and Tele-Dermatology consents

TERMS OF USE AGREEMENT, PRIVACY POLICY, and INFORMED CONSENT

 

THIS LEGAL AGREEMENT (COLLECTIVELY REFFERRED TO AS THE “AGREEMENT”) BETWEEN DERM TO DOOR MD, LLC (“D2D”), (COLLECTIVELY REFFERRED TO AS “D2D” OR “US” OR “WE” OR “OUR”)) AND ALL USERS, INCLUDING EMPLOYEES AND THIRD PARTIES, GOVERNS THE USE OF D2D’S PRODUCTS, SOFTWARE, SERVICES, BLOGS, FEEDS, CHANNELS, APPS, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT USERS READ AND UNDERSTAND THE FOLLOWING TERMS, INCLUDING THE PRIVACY POLICY AND THE INFORMED CONSENT DOCUMENT. BY CLICKING “AGREE,” USER IS AGREEING THAT THESE TERMS, THE PRIVACY POLICY, AND THE INFORMED CONSENT DOCUMENT WILL APPLY IF USER CHOOSES TO ACCESS OR USE THE SERVICE. USERS UNDERSTAND AND AGREE THAT D2D WILL TREAT THEIR USE OF THE SERVICE AS ACCEPTANCE OF THESE TERMS OF USE, THE PRIVACY POLICY, AND THE INFORMED CONSENT DOCUMENT FROM THE MOMENT THEY BEGIN USING THE SERVICE. IF USER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, USER (“YOU,” “YOUR”) MUST NOT CREATE AN ACCOUNT OR USE THE SERVICE.

 

COPYRIGHT D2D 2022. ALL RIGHTS RESERVED.

 

EMERGENCIES: IF YOU HAVE A MEDICAL EMERGENCY, OR YOU SUSPECT YOU MIGHT HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IN PARTICULAR, THE SERVICE IS NOT INTENDED FOR AND MUST NOT BE RELIED UPON IN EMERGENCIES. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ THROUGH, ON, OR WITH THE SERVICE.

 

USE OF INFORMATION AND MATERIALS: Information and materials contained in these pages and the terms, conditions, and descriptions that appear here are subject to change. The most recent version can always be found here, and it is the responsibility of the User to review this Agreement each time he or she accesses and uses the Service. Any changes to this Agreement are effective upon posting. Unless otherwise indicated, any new content added to the Service is also subject to this Agreement upon posting. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes. Not all products and services are available in all geographic areas. 

 

NO WARRANTY: INFORMATION AND MATERIALS AVAILABLE THROUGH OR PRESENTED BY THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED “AS IS,” “AS AVAILABLE.” D2D DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND IN THESE MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

 

LIMITATION OF LIABILITY: IN NO EVENT WILL D2D BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF D2D, OR ITS REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

 

LINKS TO OTHER SITES: The Service provides links to third-party sites. These links are provided for Users’ convenience and the sites linked to are not under the control of D2D. If User choose to link to such third-party Web sites, or any of them, D2D makes no warranties concerning the content of such sites, including the operations, privacy practices, programming or conduct of transactions over such sites, none of which is under D2D’s control and all of which are subject to change at any time without notice to D2D. D2D does not warrant that such sites or content are free from or invulnerable to any claims of copyright or other infringement, or that such sites or content are devoid of viruses or other malware, or that such sites will protect a User’s privacy. D2D disclaims all liability of any kind whatsoever arising out of User’s use of, or inability to use such third-party Web sites, the use or misuse of User information by such third parties, and the security of information Users provide to such third parties.


Privacy Policy

 

In addition to the terms of use in these pages, a Privacy Policy is also incorporated into this Agreement. The Privacy Policy sets out what information we obtain from Users and what we do with it. 

 

Consent

 

In addition to the terms of use in these pages, an Informed Consent document is also incorporated into this Agreement. The Informed Consent document sets out the risks and benefits of using the Service.

 

Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location at the time of care. While the provision of health services using telehealth may offer certain potential benefits, there are also potential risks associated with doing so. The telehealth services are not a substitute for in-person care in all cases. In order to use the Service, you will be required to review and agree to an informed consent document regarding the use of telehealth (the “Patient Consent”) that is a part of this Terms of Use and Privacy Policy. 

 

Suitability of Telemedicine

 

In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person evaluation or procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or is otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular problem you have expressed concern about and additional information regarding next steps.

 

Your Representations

 

By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen.

 

You also represent and warrant to us that when you use the Service to consult with a Provider, (i) you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation; (ii) you are submitting truthful and accurate information; (iii) you are updating your information to maintain the accuracy of such information on an ongoing basis; and (iv) you are providing or obtaining only your own information or the information of others that you are authorized to provide to third parties and/or obtain from third parties on their behalf.

 

Your Relationship with the Pharmacy 

 

We make available to Users certain products and services sold or offered by D2D or by pharmacies via our Service. Our Service provides access to prescription fulfillment services offered by the following pharmacy: Empower Pharmacy, 7601 North Sam Houston Pkwy W., Ste 100, Houston, Texas 77064 (the “Pharmacy”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacy through the Service are also subject to this Agreement, and that the Pharmacy is a third-party beneficiary of this Agreement. We do not control or interfere with any professional service provided by the Pharmacy, which is solely responsible for its provision of professional services rendered via the Service. By using the Service, you are establishing a direct customer relationship with the Pharmacy, including the purchase of any prescription or non-prescription products sold directly to you by the Pharmacy via the Service.

 

Reimbursement

 

D2D is not enrolled with, and is not a participating provider with, any federal or state healthcare programs (Medicare, Medicaid, e.g.), nor with any commercial health insurers (Cigna, Aetna, e.g.) for the provision of any health care or supplies and, as such, neither you nor D2D may receive payment from such programs for the services or products provided to you by or through D2D or Pharmacy. Further, to the extent that the Pharmacy may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service typically precludes such services and products from being covered benefits under these programs and health insurance policies. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program or health insurance policy. Thus, you are solely responsible for the costs of any service or product provided to you through the Service.

 

By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program or health insurance policy and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither you nor D2D nor the Pharmacy will submit a claim for reimbursement to any federal or state healthcare program or health insurance company for the costs of the services and products provided to you through the Service.

 

Prescription Products

 

Certain products available through the Service require a valid prescription by a licensed healthcare provider affiliated with the Service (a “Provider”). You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you, and the Provider has written you a prescription.

 

If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through the Pharmacy by using the Service, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or emailing Orders@dermtodoor.com. 

 

Some prescriptions may not be available through the Pharmacy or must be filled by a local pharmacy of your choice as prompted during your use of the Service, including some prescriptions used for common skin conditions.

 

If you complete a consultation with a Provider and fill a prescription through the Pharmacy, the prescription product will be shipped to you by the Pharmacy. Your payment device will be charged for that product during the checkout process. If you fill a prescription with a pharmacy other than the Pharmacy, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying your pharmacy directly for the cost of the prescription product.

 

Prescription products available through the Service are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.

 

Duty to Provide Information, Access, and Connectivity

 

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.

 

Registration; User Accounts, Passwords, and Security

 

You are obligated to register and set up an account in the Service to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to D2D or the Pharmacy. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify D2D of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Service by emailing D2D at Orders@Dermtodoor.com. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session.  YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR THE UNAUTHORIZED USE OF YOUR ACCOUNT. You may not use anyone else’s account at any time.

 

When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us by using Secure Sockets Layer (SSL) technology or similar encryption technology provided through Shopify, Inc., an e-commerce company headquartered in Ottawa, Canada. D2D’s relationship with Shopify, if any, is merely contractual in nature, as Shopify is nothing more than a third-party vendor to D2D and is in no way subject to D2D’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like. 

 

In addition, we take steps to protect the User data we collect against unauthorized access. You should keep in mind, however, that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password. We will not be responsible or liable for any loss or damage that results from your failure to comply with these security obligations.

 

You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. D2D may investigate any alleged or suspected violations and, if a criminal violation is suspected, D2D may cooperate with law enforcement agencies in their investigations.

 

Use and Ownership of the Service

 

The Service and the information and content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, D2D grants you a limited, non-transferable, revocable license to access and use the Service for your personal, noncommercial use. Unless otherwise specified by D2D in a separate license, your right to use any of the Service or its content is subject to this Agreement and all rights in the Service and its content are reserved by D2D. You agree that D2D and its suppliers own all rights, title, and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, videos, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. D2D’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of D2D and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective D2Ds.

 

Prohibited Uses

 

You are prohibited from using or attempting to use the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) in any manner that could interfere with any other party’s use or enjoyment of the Service, (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 D2D to be made accessible to a User, (vi) to obtain any materials, or information through any means not intentionally made available by D2D, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended.

 

In addition, in connection with your use of the Service, 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, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or to impersonate any person or entity, including, without limitation, any D2D 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), or upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or malware 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 device or feature; (f) use the Service’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,” “phishing” or any other form of solicitation, commercial or otherwise, or comments that drive traffic to a third party's Web site (including for personal, political, or monetary gain); (h) violate any applicable local, state, national or international law; (i) delete or revise any material posted by any other person or entity; (j) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (k) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (l) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (m) harvest or otherwise collect information about others, including email addresses; (n) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (o) assist or permit any person in engaging in any of these activities.

 

D2D 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. D2D may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

 

Except as may be provided in the Privacy Policy or prohibited by applicable law, D2D reserves the right at all times to disclose any information as D2D deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in D2D’s sole discretion.

 

Third-Party Goods and Services

 

Parties other than D2D, including Pharmacy, provide services or sell products through the Service (collectively, “Third-Parties”). Through the Service you may be able to purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should undertake whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.

 

You agree that D2D shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that D2D is under no obligation to become involved in such dispute, and you hereby release and indemnify D2D, and its respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “D2D Parties”) from any and all suits, claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

Certain of D2D’s members, directors, officers, employees, contractors or agents (collectively, “D2D Owners and Personnel”) may have a financial interest in one or more Third-Parties and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.

 

Terms of Payment

 

Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable charges (including any applicable taxes, shipping, and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.

 

If any of the products in your order is unavailable, we will only charge the prices, taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number, security code, and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant D2D without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information (and any updated information we receive) to third parties (payment processing companies, e.g.) for the purpose of facilitating the transaction.

 

All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by D2D’s third-party online payment processing vendor, Authorize.net. Additional information about Authorize.net, its privacy policy and its information security measures (collectively, the “Authorize.net Policies”) should be available on the Authorize website located at https://www.authorize.net or by contacting Authorize.net directly. Reference is made to the Authorize.net Policies for informational purposes only and Authorize.net Policies are in no way incorporated into or made a part of this Agreement. D2D’s relationship with Authorize.net, if any, is merely contractual in nature, as Authorize.net is nothing more than a third-party vendor to D2D and is in no way subject to D2D’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, or the like. 

 

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, and add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product pass to you upon delivery of the product to our designated carrier.

 

We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

 

Termination

 

  1. Clinical Services: With respect to clinical services, D2D may determine that it is necessary to terminate our relationship with you. Should that occur, we will give you notice, in writing, not less than thirty (30) days in advance of the date we will terminate our care, so that you will have a reasonable opportunity to identify a new provider. When you have done so, we will at your request provide a copy of your records to the new provider. 

 

  1. With respect to sales of products, as opposed to clinical care, D2D may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Pharmacy terminates or if we discontinue sales of products through the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with D2D. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all D2D Parties harmless from all liability that any such D2D Parties may incur with respect thereto.

 

DISCLAIMERS

 

Content and information contained on the Service is provided by D2D as a convenience. Users relying on Service content or other information from the Service do so at their own risk.

 

D2D does not provide legal advice. D2D is neither a lawyer nor a law firm. D2D does not practice law, nor seek to practice law. In providing this Agreement, D2D does not enter an attorney-client relationship with Users, or with anyone else, nor does it offer anyone legal advice. Users are advised to confer with competent counsel for legal advice concerning their use of the Service or any other legal matter. That D2D makes the Service available to Users does not mean that D2D asserts that Users may lawfully use it in their own or any jurisdiction for any purpose. A User’s choice to access the Service is at his own initiative and his own risk and Users are responsible for compliance with all applicable laws.

 

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. D2D AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PHARMACY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. D2D DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. D2D DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE EFFECT OR INCIDENT.

 

Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL D2D BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT D2D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. D2D SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE THOUSAND AMERICAN DOLLARS (U.S. $1,000.00.)

 

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR ITS CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE OR ITS CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE OR ITS CONTENT.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify, and hold D2D Parties and any Third Parties offering products or services through the Service, including the Pharmacy, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Service; your fraud, violation of law, or willful misconduct; or any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us. 

 

Notices

 

Any notices to you from D2D regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of D2D.

 

Electronic Communications

 

When you access or use the Service or send emails or SMS messages to us or your Providers, you are communicating with us and your Providers electronically. You consent to receive communications from us and your Providers electronically. We will communicate with you via email, SMS messaging or through the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. 

 

Binding Arbitration / Class Waiver

 

YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, SUIT, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE D2D PARTIES OR THE PHARMACY ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE D2D PARTIES, THE SERVICE CONTENT OR THE SERVICE ITSELF, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY D2D OR ANY OF THE D2D PARTIES, OR THE PHARMACY, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). BY CLICKING ON THE BOX BELOW, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. 

 

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator, however, can award the same damages and relief on an individual basis that a court can award to an individual.

 

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case the applicable D2D Party will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. D2D also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. Notwithstanding the foregoing sentence, the D2D Parties will not seek to recover attorneys’ fees or costs incurred in arbitration from you if you are a consumer.

 

The arbitration shall be conducted in Fairfax, Virginia unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

 

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

 

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act, then you and the applicable D2D Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Northern Virginia, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

 

If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Northern Virginia, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that no claims or requests for relief that are severed from an arbitration may proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Northern Virginia, for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

 

You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with D2D or any of the D2D Parties, or the Pharmacy. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with the applicable party to: D2D at P.O. Box 9143, Mclean Va 22102 or 6849 Old Dominion Dr. Suite 450, Mclean VA 22101

 

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to D2D at P.O. Box 9143, Mclean, Va. 22102 or 6849 Old Dominion Dr., Suite 450, Mclean, VA 22101. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at D2D at P.O. Box 9143, Mclean, Va. 22102 or 6849 Old Dominion Dr., Suite 450, Mclean VA 22101 within 30 days of the effective date of such modifications.

 

Governing Law; Venue; Severability of Provisions

 

This Service is controlled and operated by D2D from our offices within Virginia. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

 

The validity, interpretation, construction, and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the Commonwealth of Virginia without regard to any conflicts of law provisions.

 

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. You and we both agree that if D2D cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

 

No Agency Relationship

 

Neither this Agreement, nor any content, materials or features of the Service, create any partnership, joint venture, employment, or other agency relationship between you and D2D or the Pharmacy. You may not enter into any contract on our behalf or bind us in any way. You may not enter into any contract on Pharmacy’s behalf or bind Pharmacy in any way.

 

Assignment

 

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. D2D may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of D2D or to a third party in the event that some or all of the business of D2D is transferred to such other third party by way of merger, sale of its assets or otherwise.

 

Third Party Beneficiaries

 

Any use of third-party software provided in connection with the Service, or any Third-Party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, if any, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement, if any.

 

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of D2D or the Pharmacy and the agreement to arbitrate, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

 

Contacting Us

 

If you have any questions or concerns about this Agreement, please contact us by email at Orders@dermtodoor.com. We will attempt to respond to your questions or concerns with reasonable promptness after we receive them.

 

Entire Agreement

 

This Agreement and any other agreements D2D may post on the Service or that you and D2D may execute from to time constitute the entire agreement between D2D and you in connection with your use of the Service and supersede any prior agreements between D2D and you regarding use of the Service, including prior versions of this Agreement.

 

 

 

PRIVACY POLICY

 

Please read this policy carefully to understand Owner’s policies and practices regarding User information and how Owner will treat it. If Users do not agree with our policies and practices, they should not download, register with, or use this Service. By downloading, registering with, or using this Service, the User agrees to this privacy policy. This policy may change from time-to-time. User’s continued use of the Service after Owner make changes is deemed to be acceptance of those changes.

 

We at D2D intend to follow our Notice of Privacy Practices concerning the uses and disclosures of the confidential information you share with us.  Our Notice of Privacy Practices has been provided to you and may be revised in the future.  

 

We require that every patient use our secure video conferencing technology for telemedicine sessions. Our current system is reasonably secure and confidentiality-protective of the information transmitted.  It is widely accepted for telemedicine use and provides more privacy and security protection for telemedicine services than do many other alternatives.  

 

No electronic communication is entirely safe from intruders. The risks of using telemedicine services, email, SMS messages, and other electronic communications include the potential for unauthorized disclosure of your confidential information, including Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), when it is transmitted between you and us. We take measures to protect your privacy, such as encrypting your data, employing password protected screen savers and data files, and utilizing other reliable authentication techniques. These features reduce the risk of a data breach, but do not eliminate them. You can help reduce the risk further. You may be overheard by anyone near you if you are not in a private area during a telemedicine session.  It is your responsibility to create an environment at your location for each telemedicine transmission, email, or SMS message that is private and protective of your personal information and communications with us.  It is your responsibility to inform us if anyone else can see or hear any part of the session.

 

As part of its commitment to privacy, D2D does not record telemedicine sessions without the knowledge and consent of the patient. D2D also expects patients to refrain from recording or attempting to record sessions without its knowledge and consent.

 

  1. General: Owner and its affiliates respect Users’ privacy and are committed to protecting Users’ privacy through compliance with this policy. No privacy policy is perfect, and Owner cannot and does not guarantee that a User’s privacy will always be protected. In presenting this, its Privacy Policy, however, Owner intends that Users understand its approach to privacy protection. This policy describes:
    1. The types of information Owner may collect or that Users may provide when Users register with, access, or use the Service.
    2. Owner’s practices for collecting, using, maintaining, protecting, and disclosing that information.
  2. Children Under the Age of 18: The Service is not intended for children under eighteen (18) years of age, and Owner does not knowingly collect personal information from children under 18. If Owner learns that it has collected or received personal information from a child under 18, Owner will delete that information. Individuals who are 18 years of age or younger must leave this site now.
  3. What Information Owner Collects and How Owner Collects It: Owner collects information from and about users of the Service:
    1. When Users provide information directly.
    2. Automatically when using the Service.
  4. Information Users Provide to Owner: When Users download, register with, or use the Service, it may ask Users to provide information:
    1. By which Users may be personally identified, such as name, postal address, email address or telephone number (“personal information”).
    2. That is about a User but individually does not identify Users’ personal information, such as:
      1. Information that Users provide by filling in forms within the Service. This includes: Information provided at the time of registering or subscribing to the Service, posting material, and requesting further services. 
        1. Users may also be asked for information when Users report a problem with the Service.
      2. Records and copies of User correspondence (including email addresses and phone numbers).
      3. Details of transactions Users carry out through the Service and in the fulfillment of User orders. Users may be required to provide financial information before placing an order through the Service.
      4. User search queries on the Service.
  5. Automatic Information Collection: When Users download, register with, or use the Service, it may use technology to automatically collect:
    1. Usage Details. When Users access and use the Service, Owner may automatically collect certain details of User(s)’ access to and use of the Service, including traffic data, location of data, logs, and other communication data and the resources that User(s) access and use on or through the Service.
    2. Device Information. Owner may collect information about User’s computer or mobile device and internet connection, including unique device identifiers, IP addresses, operating system information, browser type, network information, and telephone numbers.
    3. Stored Information and Files. Owner may access and collect metadata  and other information associated with other files stored on Users’ computers or mobile devices. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
    4. Clinical Decision Support Information. When Users are using the Service, Owner may automatically collect certain clinical and biometric information from Users to support clinical decision-making, provide more specialized care, and present Users with personalized clinical information.
  6. Information Tracking Technology: The technology Owner may use for automatic information collection are:
    1. Cookies. A cookie is a small file placed on Users’ computers or mobile devices. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on a computer or mobile device. If Users select this setting, however, they may be unable to access certain parts of the Service.
    2. Facial Recognition Technology (FRT). Facial recognition technology utilizes software to map a person’s facial characteristics and then store the data as a face template. 
  7. Third Party Information Collection: When using the Service or its content, certain third parties may use automatic information collection technologies to collect information about Users or their devices. These third parties may include:
    1. Analytics companies.
    2. Users’ computer or mobile device manufacturers.
    3. Users’ internet or mobile service providers.

These third parties may use tracking technologies to collect information about Users of the Service. This may include information about Users' use of the Service and other apps and websites to serve them interest-based (behavioral) advertising. Owner does not control these third parties' tracking technologies or how they may be used.

  1. How Owner Uses Collected Information: Owner uses information that it collects about Users or that Users provide to Owner, including any personal information, to:
    1. Provide Users with the Service and its content, and any other information, products, or services that Users request from Owner.
    2. Fulfill any other purpose for which Users provide it.
    3. Give Users notices about their accounts.
    4. Carry out Owner’s obligations and enforce Owner’s rights arising from any contracts entered between Users and Owner, including for billing and collection.
    5. Notify Users when updates for the Service are available, of changes to any products or services Owner offers or provides though it, and to promote engagement.

The usage information Owner collects helps Owner to improve the Service and to deliver a better and more personalized experience by enabling Owner to:

    1. Estimate the Service’s audience size and usage patterns.
    2. Store information about User preferences, allowing Owner to customize the Service according to Users’ individual interests.
    3. Speed up User searches.
    4. Recognize Users when they use the Service.
  1. Targeted Advertising Criteria: Owner may use the information it collects to display advertisements to its advertisers' target audiences. Even though Owner does not disclose Users’ personal information for these purposes without their consent, if a User clicks on or otherwise interacts with an advertisement, the advertiser may assume that the User meets its target criteria.
  2. Disclosure of User Information: Owner may disclose aggregated information about Users, and information that does not identify any individual or computer/mobile device, without restriction. Owner may disclose personal information that it collects, or Users provide:
    1. To Owner’s subsidiaries and affiliates.
    2. To contractors, service providers, and other third parties Owner uses to support its business. Such entities, however, contract to protect Users’ Protected Heath Information as that term is understood under HIPAA.
    3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all Owner’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Owner about Users of the Service is among the assets transferred.
    4. To fulfill the purpose for which User provided it.
    5. For any other lawful purpose disclosed by Owner when Users provide the information.
    6. With User consent.
    7. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    8. To enforce Owner’s rights arising from any contracts entered between User(s) and Owner, including this Terms of Use Agreement, and for billing and collection.
    9. If Owner believes disclosure is necessary or appropriate to protect the rights, property, or safety of Owner, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  3. Users’ State Law Privacy Rights: Laws of the States of California, Colorado, and Utah, and of the Commonwealth of Virginia permit Users of the Service that are residents of those states to request certain information regarding the Owner’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to Orders@DermtoDoor.com] or [write us at: Derm to Door, P.O. Box 9143, Mclean, VA 22102
  4. Changes to Privacy Policy: Owner may update this Privacy Policy from time-to-time. If Owner makes material changes to how it treats Users' personal information, it will post the new privacy policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. Users are responsible for periodically visiting this privacy policy to check for any changes.

 

 

CONSENT TO TELEMEDICINE SERVICES

 

The purpose of our telemedicine (or “distance care”) consultation service is to diagnose and recommend treatment for skin problems in pursuit of clinical improvement. We may use telemedicine to diagnose your problems (that is, to figure out what they are), to recommend therapy, medications, or other indicated treatments, to schedule appointments, or to educate you. On the other hand, not every medical problem can be managed at a distance, nor should every medical problem that can be managed at a distance be treated with medication. Your Provider will determine whether your condition is appropriate for diagnosis or treatment through a telemedicine encounter and, if so, what the proper way to manage it is. Depending on the nature of your problem, it may be necessary for you to follow-up with other health care professionals besides your Provider. If so, your Provider will discuss that and possible options with you.

 

You or your personal representative can withhold or withdraw consent to receive healthcare services through telemedicine, or seek a second opinion, at any time.  Doing so will not affect your right to receive future care or treatment.  

 

All pertinent confidentiality protections under federal and state law, including but not limited to HIPAA, apply to a telemedicine consultation. 

 

You or your personal representative can access all medical information resulting from a telemedicine consultation on request as provided under federal and state law governing access to patient medical records. When you obtain your records, it is your responsibility to maintain their confidentiality when in your custody and to arrange for their secure transmission to other providers as needed. To the extent clinically appropriate, you may participate in treatment decisions and in the development and periodic review and revision (updating) of your treatment plan. We will make fee information available to you on request.

 

No patient-identifying information from a telemedicine consultation will be provided to researchers or other entities without the written consent of you or of your personal representative.    

 

The advantages of telemedicine include the ability to be treated from almost any location within your state, and at almost any time during D2D’s regular hours. Telemedicine may also enhance the continuity of your care, but it does not always do so, especially if for any reason records of your telemedicine sessions do not get to your primary care physician.

 

D2D maintains patient records electronically. As a result, with the cooperation of your previous providers, it is usually possible for us to obtain your old records securely and to maintain them safely.  It is almost always possible for us to retrieve your old records at our practice very quickly.  Sometimes, however, previous providers may comply with requests slowly, or not at all. Software problems could delay or impede retrieval of even D2D’s own records. There is some risk, then, although only a small one, that information valuable or even necessary for your diagnosis will be unavailable, temporarily, or even permanently. If so, your risk of an erroneous diagnosis, and therefore of erroneous treatment, would increase. For example, without old records from previous providers, it may not be possible to tell that a particular medicine is the wrong choice for you, and you might be harmed by taking a medicine we recommend via telemedicine. Of course, risks such as these also exist with in-person care; in our experience reliance on telemedicine neither increases nor decreases these risks. We are aware of these limitations and take them into account in making clinical decisions about your care. Where necessary, we refer patients to in-person care. The risk of error nevertheless exists.

 

The physical examination that your Provider can perform through telemedicine is limited. In particular, information that can be obtained only by physically touching you will not be available. Fortunately, touching the patient is generally less important in dermatology than in many other specialties, but to the extent that diagnosis depends on such exams, it may be less accurate that would be the case were it possible for your Provider to touch you. 

 

In some cases, applicable law may prevent us from providing the services you desire. Should that be the case, we will refer you to another provider.

 

Telemedicine is still a relatively new approach to care. It is possible that risks not yet identified or understood may emerge as telemedicine is more widely used.

 

WE DO NOT PROVIDE EMERGENCY CARE. If you think you are facing an emergency, or that you might be facing an emergency, please do not rely on us for help. Immediately call 911 or go to your nearest emergency room.  D2D does not provide any after-hours care or crisis management services, either. Again, for these services, please call 911 or go to your nearest emergency room.

 

For telemedicine sessions, please be available for us to call you by videoconference at the time your session is scheduled.  Please connect to your videoconference link promptly at or before the time scheduled for your session. You will be placed into a virtual waiting room until your Provider arrives, at which time you will be admitted to the virtual meeting room.  Sessions started late due to your late arrival will be truncated to fit the remaining time available.   If you are not available within fifteen (15) minutes after your scheduled time, your session may be rescheduled, and you may be considered a “no-show” and billed according to our office policies and procedures, available here.  When you connect to the virtual meeting room for your session, please be in a private place where you feel comfortable talking about your personal and confidential information.

 

Telemedicine relies on electronic communications and devices. These can fail at any time. Any technical failure or power outage could therefore delay or disrupt communication and hinder, delay, or end our ability to assist you with telemedicine. Ordinarily, however, the technology works well. Barring technology failure, we do not anticipate having telemedicine sessions by phone.  There may be times, however, when we need to contact you by phone.  If you have a cell phone or other wireless or mobile phone, be advised that such phones are not absolutely secure and the privacy and security of information transmitted may be compromised. If you choose to contact us using a cell phone or other wireless or mobile phone, you agree to accept the risk to the privacy and confidentiality of your information that the use of such phones may pose.   

 

Your Provider is licensed in your state. You must be physically located within your state at the time of your sessions in order to receive clinical care from your Provider. You understand that we will need to verify your physical location at the time of each session.

 

You also agree to the following behavior guidelines: 

a. Join your session fully dressed, in an upright position

b. Do not engage in other activities during the session, or engage in any activities that you would not engage in at a clinic

i. This includes, but is not limited to: No smoking, drinking alcohol, or using illegal substances before or during a session.

c. Not joining the session while driving, riding in a vehicle, taking public transit, walking, watching TV, eating, or being in a public setting

i. You may choose to connect sitting in parked vehicle. 

d. Keep the video camera turned on throughout the session. Your Provider may need to ask you to point it at the area of your body you are concerned about.

e. At the start of the session, identify any other person in the room (or vehicle) with you. 

 

ACKNOWLEDGMENT

 

I am over eighteen (18) years of age and I reside in the state designated by my driver’s license.  I have read this Consent to Use Telemedicine Technology and the accompanying Terms of Use and Privacy Policy. I understand that D2D offers telemedical services to its patients and that telemedicine, or distance care, is a form of health care that relies on an interactive audio-video interface that allows a patient in one location to see, speak with, and consult a provider in another. The information so exchanged may be used for diagnosis, therapy, follow-up and/or education.

If I obtain clinical services through telemedicine, I may obtain the anticipated benefits from the use of telemedicine in my care, but I may not, because as with all health care, no results can be guaranteed. In fact, as with all medical or health care, by obtaining clinical services through telemedicine I may even experience some harm, including potentially serious harm.

I understand that my biometric data, including facial scans, will be collected, used, and stored by D2D and/or its Vendors for the purpose of supporting clinical decision-making, personalized health care details, and consumer-facing clinical information. My biometric data will be collected, accessed, and used in accordance with relevant state and federal law and will not be disclosed by D2D without my consent, unless the disclosure is required by law or by valid legal subpoena. 

I understand that a variety of alternative methods of medical care may be available to me, and that I may choose one or more of these at any time. My Provider has explained the alternatives to my satisfaction.

I acknowledge that, in the exercise of his or her clinical judgment, my Provider may determine that 1) the nature of my problem is such that it is not professionally appropriate to assist me with that problem through telemedicine; or 2) it may not be lawful for my Provider to diagnose or treat me through telemedicine; or 3) both. Should my Provider make any such determination, he or she will be unable to assist me through telemedicine and will confer with me about other possible approaches to handling my medical problems.

I understand that my Provider may or may not prescribe medications to treat my problem.

I understand that it is my duty to inform my other health care providers of electronic interactions regarding my care that I may have with D2D.

I understand the risks and benefits that have been described.  I also understand that because technology is changing rapidly, there may be other risks to the confidentiality and security of my personal information, or possibly risks to my health care, that neither D2D nor I can anticipate at this time.  I understand that D2D will endeavor to follow its Notice of Privacy Practices in using and disclosing my personal and confidential information consistent with applicable law.  I acknowledge that I have received a copy of and read and understood the Notice of Privacy Practices.

I agree to use the video conferencing system provided by D2D for my telemedicine sessions.  I agree to accept and receive D2D’s telemedicine services from a location that is private, confidential, and free from distractions during my session.   I understand that without my knowledge and consent my sessions will not be recorded, and I agree that I will neither record nor attempt to record any session without the knowledge and consent of D2D. 

I understand that my Provider is a physician licensed to practice medicine in my state. I understand that patients receiving my Provider’s services, including me, must be physically located in my state to receive D2D’s services.     

I understand that D2D does not provide any after-hours care or crisis management services.  If I experience a crisis or an emergency or suspect that I might be experiencing a crisis or an emergency. I agree to call 911 or go to the nearest emergency room.

I understand that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment or to any program or other benefits I may be entitled to.

I understand the information above and have had adequate time and opportunity to discuss it with my Provider.  My questions have all been answered to my satisfaction in language I understand, and I am not under the influence of alcohol or of any other drug that might make it harder to understand the information I have been given. I understand that this document when signed by me is legally binding and will become part of my patient medical record with D2D. At the time of my signature, all the blanks on this document have been filled in.

I hereby authorize my Provider to use telemedicine in the course of my diagnosis and treatment.  

 

CONSENT TO ARBITRATION AND TO LIMITATION OF CLAIMS TO INDIVIDUAL CLAIMS ONLY

 

ARBITRATION NOTICE: I AGREE THAT DISPUTES BETWEEN ME AND D2D WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND BY ACCESSING THE SERVICE I WAIVE MY RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH ABOVE. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION ABOVE. BY AGREEING BELOW, I CERTIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS PARAGRAPH.

 

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). BY AGREEING ON THE BOX BELOW, I CERTIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS PARAGRAPH. 

 

 

If you have any questions about this Agreement, please do not hesitate to contact Derm to Door through our website or any of the methods listed below. 

 

Mail: P.O. Box 9143, Mclean, VA 22102

 

Email: Orders@dermtodoor.com