DappleDoc Website Terms of Use

LAST REVISED ON: May 5th, 2024

Welcome to the website of Dermsnap LLC, a Washington limited liability company ("Dermsnap" ). Dermsnap is sometimes referred to herein as "we," "us," "our," “Dermsnap”, “DappleDoc” or “Company”. These Terms of Use (these “Terms”) govern your use of dappledoc.com and other Internet sites on which these Terms are posted and/or any of DappleDoc’s web products (including any web or mobile applications that you may access or launch through our website or any other DappleDoc products), and any DappleDoc software, which are copyrighted works belonging to DappleDoc, and products and services we provide through them (collectively, the website, web applications, software and other products and services accessed through the website and software, referred to as our “Site”). “You” refers to you as a user of the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE, AND/OR VISITATION, OF THE SITE. BY ACCESSING OR USING THE SITE OR OTHERWISE INDICATING YOUR ACCEPTANCE (OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU) YOU ARE ACCEPTING THESE TERMS AND OUR PRIVACY POLICY, FOUND AT dappledoc.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU (1) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND (2) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE BELOW IN THE “DISPUTE RESOLUTION: SECTION) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW: (1) YOU MAY PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

DappleDoc may modify these Terms at any time by updating this posting. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Continued use of our Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You are bound by any such modifications and therefore you are expected to visit this page periodically to review these Terms from time to time so you are aware of any changes.

DAPPLEDOC IS NOT A MEDICAL PROVIDER AND DOES NOT PROVIDE EMERGENCY SERVICES OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

MEDICAL SERVICES AND RELATED ADVICE

DAPPLEDOC DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR MEDICAL CARE. DAPPLEDOC contracts with Quality Dermatology Group (DE), P.A. (collectively “Group”) an independent, physician owned medical group with a network of United States based Providers who provide clinical services. Group Providers deliver clinical services via the DappleDoc platform to their patients. We offer an online communication platform for these Providers and their patients to connect via the Site through the use and asynchronous telecommunications technologies. The Site facilitates communication between patients and various providers, including without limitation, board certified and licensed physicians, medical doctors, nurses, allied health professionals, and other health professionals who offer certain healthcare services through the Site (“Providers”). As set forth below, some of these communications may be by secure asynchronous store-and-forward technologies or other communicative mediums that may be insecure, and you specifically acknowledge and consent to the utilization of communicative mediums that may be less secure or vulnerable to unauthorized access associated with the Service.

Providers are independent of DappleDoc and merely use our Site to communicate with you. DappleDoc does not employ or contract with Providers. Providers are independently contracted or employed by Group. Thus, Providers, and not DappleDoc, are responsible for the quality and appropriateness of the care they render to you, as well as for the security and integrity of any communicative mediums used with you.

Neither DappleDoc, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service or for any information obtained from the Site. DappleDoc does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. By using our Service, you acknowledge and accept that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk, and you assume full responsibility for all risks associated herewith.

DappleDoc does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service, or the security of any communicative mediums provided by DappleDoc. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.

The content of the Site and the Service, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by DappleDoc. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by DappleDoc, or in connection with any communications supported by DappleDoc, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While DappleDoc facilitates your selection of, and communications with, Providers, DappleDoc does not provide medical services, and the doctor-patient relationship is between you and the Group Provider you select.

Accounts

Some products or services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the "Registration Data"). You represent and warrant that (a) all required registration information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such information. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy (dappledoc.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You also agree to notify us promptly at support@dappledoc.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. DappleDoc cannot and will not be liable for any damages, losses, costs, expenses, or liabilities arising from your failure to comply with the above requirements.

You may delete your account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any special terms related to a particular service.

Protected Health Information

When you set up an account with DappleDoc, you are creating a direct customer relationship with DappleDoc that enables you to access and/or utilize the various functions of the Site as a user. As part of that relationship, you provide information to DappleDoc, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Site, you may also provide certain medical information that may be protected under applicable laws. DappleDoc is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Providers and Group may or may not be a “covered entity” or “business associate” under HIPAA, and DappleDoc may in some cases be a “business associate” of Group or a Provider. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with DappleDoc, Group or Providers. To the extent DappleDoc is deemed a “business associate” however, and solely in its role as a business associate, DappleDoc, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

Group has adopted a Notice of Privacy Practices, which can be found at dappledoc.com/hippa-notice-of-privacy-practices, that describes how they use and disclose PHI. By accessing or using any part of the Site, you are acknowledging receipt of the Notice of Privacy Practices from your Provider(s).

By using the Site, you are agreeing that even if HIPAA does apply to DappleDoc or Providers, any information that you submit to DappleDoc that is not intended and used solely for the provision of diagnosis and treatment by the Providers, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information, except where otherwise indicated by federal or state law.

Notice Regarding Your Financial Responsibility

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

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 and you have sole financial responsibility for all services or products provided to you by or through the Site; and (2) neither you nor DappleDoc or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Site.

For more information, please see Group’s Self-Pay Acknowledgment Form, which can be found at dappledoc.com/self-pay-acknowledgment.

Subscriptions and Purchases

DappleDoc may allow you to access the Site on a purchase on-demand basis or subscription basis. The basis on which the Site is available is indicated on the product detail page for which you may make your purchases or subscriptions. Subject to your payment of any applicable fees, purchases, subscriptions, the Company grants you a revocable, non-exclusive, non-transferable, personal, non-sub licensable, limited right and license to use the Site to fulfill your personal purposes.

You will be billed in advance on a recurring and periodic and/or purchase basis depending on the type of subscription or purchase on-demand you select when purchasing. In terms of subscriptions, at the end of each subscription period, your subscription will automatically renew under the exact same conditions unless you cancel it or DappleDoc cancels it.

You may cancel your subscription renewal by contacting us at support@dappledoc.com. You will not receive a refund for the fees you already paid for your purchases or current subscription, and you will be able to access the Site through your account until the end of your purchases or current subscription as applicable. Certain refund requests for subscription may be considered by DappleDoc on a case-by-case basis and granted at the sole discretion of DappleDoc.

You shall provide DappleDoc with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, DappleDoc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

DappleDoc, in its sole discretion and at any time, may modify the fees for its services offered on the Site. For subscriptions, any fee change will become effective at the end of the then-current subscription. DappleDoc will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Site after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Any promotions made available through the Site may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

Opting Out of Certain Emails/Text Messages

When you register, subscribe, create an account, sign up to receive offers or emails from us, or otherwise communicate with us through our Site, you may “opt out” of receiving future communications from us for direct marketing purposes by indicating that you decline such communications. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us at privacy@dappledoc.com.

By providing your mobile number to us, you agree to be contacted by or on behalf of DappleDoc at the mobile number you have provided, including via phone call or text message, to receive transactional communications relating to the Site (such as to update on status of arrival, timing, and to confirm the use of the Site), and you recognize and acknowledge that text messaging is an inherently less secure of a method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. For help regarding the communications, we exchange with you using your phone number, contact us directly.

Consent to receive marketing text messages, which are subject to separate consent terms, are not a condition of purchasing any of DappleDoc’s goods and services, and you are free to opt-out at any time to marketing text messages- if you would like to stop receiving marketing text messages, you may text the word STOP in reply to any text. Note that we may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the Site that most recently sent you a message or respond to your STOP message by texting you a request to identify the services you wish to stop. Keep in mind that if you stop receiving marketing text messages from us, you may not receive important and helpful information and reminders.

Use of Content

The content contained on Site, such as text, graphics, images, audio, videos, prescriptions and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries and is owned or controlled by DappleDoc or by third parties that have licensed their Content to DappleDoc. By using the Site, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by DappleDoc. The Company name, the term Dermsnap, the Company logo, and all related names, terms, logos, product and service names, designs, and slogans are trademarks of DappleDoc or its affiliates or licensors. You must not use such marks without the prior written permission of DappleDoc. There are no implied licenses granted under these Terms unless expressly stated in these Terms. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of DappleDoc, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

We do not control or interfere with the practice of medicine by the medical doctors, physicians, nurses, allied health professionals, and other health professionals who offer certain healthcare services through the Site, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that DappleDoc is not a healthcare provider and that by using the Site, you are not entering into a doctor-patient or other health care provider-patient relationship with DappleDoc. By using the Site, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with one or more Providers. Further, we do not control or interfere with any professional service provided by those Providers, each of whom is solely responsible for their provision of professional services rendered via the Site.

You acknowledge and agree that the Providers may send you messages, reports, and emails via the Site regarding your diagnosis and/or treatment. You understand and agree that DappleDoc is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Site. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither DappleDoc nor the Providers will be responsible in any way and you will not hold DappleDoc , the Providers liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Providers.

While you are not establishing a doctor-patient or other health care provider-patient relationship with DappleDoc, by using the Site, you are establishing a direct customer relationship with DappleDoc to use the Site, including the purchase of any non-prescription products or non-medical services sold directly to you by DappleDoc via the Site. In connection with this relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy.

You may not, without the prior written permission of DappleDoc, "mirror" on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of DappleDoc. The trademarks, logos and service marks (the "Marks") displayed on the Site are owned by DappleDoc or third parties. You are prohibited from use of those Marks without the express, written permission of DappleDoc or such third party.

In the event that we offer downloads of software on the Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, DERMSNAP HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, DERMSNAP SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.

Your Right to Create or Post Content

Our Site allows you to post and generate Content. You are responsible for the Content that you generate using our services and tools of the Site, including its legality, reliability, and appropriateness. By generating and posting Content to the Site, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You retain any and all of your rights to any Content you create, post, or display on or through the Site and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

If you remove Content, delete your account or if your subscriptions are terminated, we will be permitted to use and retain a copy, including archives, of your Content, confidential information or any information that is related to your account (including Content and personal information) for business purposes related to these Terms and to the extent necessary to meet our legal and compliance obligations (including audit and anti-fraud purposes).

Use and Content Restrictions

DappleDoc is not responsible for the content of the Site's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not generate or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Restricted verticals such as substance/drugs use, adult services, etc.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Violating the privacy of any third person.
• False information and features.

DappleDoc reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content or use of app is appropriate and complies with this Terms, refuse or remove this Content. DappleDoc further reserves the right to make formatting and edits and change the manner any Content. DappleDoc can also limit or revoke the use of the Site if you post such objectionable Content. As DappleDoc cannot control all content posted by users and/or third parties on the Site, you agree to use the Site at your own risk. You understand that by using the Site you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will DappleDoc be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

‍You are responsible for all of your activity in connection with the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Site. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Site.

DappleDoc's Liability

DappleDoc makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk. Changes are periodically made to Site and may be made at any time. DappleDoc further reserves the right to modify, suspend, or discontinue any service on or feature of the Site (including any changes to or removal of Content) at any time with or without notice to you, and DappleDoc shall not be liable to you or to any third party should it exercise such rights. Some Content on the Site may be provided by third parties, and DappleDoc will not be held responsible for any such Content provided by third parties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. DERMSNAP DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THE RELATED SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, DERMSNAP WILL NOT BE RESPONSIBLE FOR THOSE COSTS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR, OR ANY END USER’S, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DERMSNAP NOR ANY PERSON ASSOCIATED WITH DERMSNAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, OR ANY PRODUCTS OR SERVICES OBATINED THROUGH THE SITE. TO THE FULLEST EXTENT PROVIDED BY LAW, DERMSNAP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER DERMSNAP NOR ANYONE ASSOCIATED WITH DERMSNAP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DERMSNAP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO A DERMSNAP SITE IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE DERMSNAP FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

DERMSNAP IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.

Disclaimer of Certain Damages and Limitation on Liability

Your use of the Site is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the Site or with these Terms, your sole remedy is to discontinue use of the Site. IN NO EVENT WILL DERMSNAP OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DERMSNAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE DERMSNAP’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW. In no event shall the total liability of Dermsnap to you for all losses and damages, including for any implied warranties, exceed the greater of fifty U.S. dollars (US $50.00) or the total amount you paid Dermsnap to use any product of, service on, or feature of the Site in the twelve months prior to the date of an initial claim made against Dermsnap.

Links to Other Sites

The Site may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by DappleDoc of the contents on such third-party websites. DappleDoc is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

Third-party Applications

On the Site, you might have an opportunity to download applications that were developed by third parties. DappleDoc is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.

Knowledge Based Authentication

If you are the parent or guardian of a minor and are consenting to treatment of the minor using the Site, you may be required to use a knowledge-based authentication (“KBA”) service to verify your identity, which is not affiliated with the Site. You agree that the foregoing disclaimer regarding links to other websites shall apply to the KBA service provider. DappleDoc does not provide any representation or warranty with respect to the KBA service including without limitation, any representation or warranty regarding quality, fitness, suitability, non-infringement, security, content, service or otherwise. As a condition to your consent to the treatment of a minor using the Site, you acknowledge the foregoing and agree to be bound by any Privacy Policy or Terms of Use of the KBA service provider.

Release

You hereby release and forever discharge DappleDoc (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any third-party websites, links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity

By using the Site, you agree, to the extent permitted by law, to defend, indemnify and hold DappleDoc (and its officers, directors, employees, and agents) harmless, including costs, accounting and attorneys’ fees, from any claim, action or demand made by any third party due to or alleging from or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your violation of any rights of a third party. DappleDoc reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of DappleDoc. DappleDoc will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Confidentiality

“Confidential Information” means code, inventions, know-how, product plans, inventions, and technical and financial information exchanged under these Terms of Use, that are identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed.

Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by the Terms of Use; and (ii) only use the other party’s Confidential Information to fulfill its obligations and exercise its rights under the Terms of Use. Each party may share the other party’s Confidential Information with its, and its affiliates’, employees, agents or contractors having a legitimate need to know (which, for DappleDoc, includes any subcontractors, vendors and third party providers we may use), provided that the party remains responsible for any recipient’s compliance with the terms of this Section and that these recipients are bound to confidentiality obligations no less protective than this Section.

These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the Confidential Information; (iii) is rightfully obtained by the receiving party from a third-party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to a party’s advisors, attorneys, actual or bona-fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes, or to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

DappleDoc respects the intellectual property rights of others. It is DappleDoc’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to DappleDoc relating to the Site, including but not limited to user submissions or Content, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") or, as applicable, other laws, by providing the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our agent to receive notification of claimed copyright infringement can be reached via termsofuse@dappledoc.com.

Dispute Resolution

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH DERMSNAP AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Dermsnap that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement (this “Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Dermsnap, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Dermsnap should be sent to:

Dermsnap LLC

Attn: DappleDoc Dispute Resolution

termsofuse@dappledoc.com

After the Notice is received, you and Dermsnap may attempt to resolve the claim or dispute informally. If you and Dermsnap do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the State of Washington, unless the parties agree otherwise. If you reside outside of Washington, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or Dermsnap pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Dermsnap, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Dermsnap.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Dermsnap in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DERMSNAP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement, including the rights set forth in this Arbitration Agreement as they apply to the party asserting the claim.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Dermsnap.

Small Claims Court. Notwithstanding the foregoing, either you or Dermsnap may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Governing Law and Jurisdiction. All legal issues arising from or related to your use of the Site and these Terms shall be construed in accordance with and governed by the laws of the State of Washington applicable to contracts entered into and performed within the State of Washington. Solely in the event that the foregoing Arbitration Agreement permits the parties to litigate in court (a) the parties hereby agree that all matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) and (b) any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Venue and Forum Waiver. To the fullest extent permitted by law, you hereby waive any objection which you may now or hereafter have to an inconvenient venue and/or forum by way of arbitral proceeding in the state of Washington. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Site from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute, claim, or cause of action arising from these Terms or your use of the Site shall be governed by the applicable law set forth above, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs.

Specifically excluded from application to these Terms is the United Nations Convention on Contracts for the International Sale of Goods.

General

These Terms, and our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to DappleDoc is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without DappleDoc’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. DappleDoc may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright © 2024. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

In the event of a complaint, or to request further information, the provider may be contacted in writing by email at termsofuse@dappledoc.com.

If you are under the age of majority in your country of residence, you should review these Terms with a parent or guardian to ensure that you and parent or legal guardian understand these Terms.