Terms of Use
These terms of use are entered into by and between the You and Dermatology Professional Educators, LLC d/b/a/ Derm for Primary Care (“DPC,” “we,” “us,” “our”). The following terms and conditions, together with the provisions of any documents incorporated herein by reference (collectively, “Terms of Use”), govern your access to and use of our website https://www.dermforprimarycare.com/, including any content, functionality, and services offered on or through this website (the “Website”), whether as a guest or registered user.
Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of our Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at https://www.dermforprimarycare.com/page/privacy-policy/, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website
Any new features or tools which we may add to the Website are also subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
1. OUR SERVICES
We may offer certain educational courses, seminars, webinars, programs, books, or other materials on-line or otherwise for health care practitioners, educational institutions, health care practices or other persons or entities through our Website (collectively, the “Services”).
We offer and sell our Services only to adults who may purchase such items with a credit card or other permitted payment method. Nothing on our Website is offered to or promoted for purchase by children under 13. If you are under 18, you may use our Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
2. NO MEDICAL ADVICE
You agree and acknowledge that we do not provide any medical or other health care advice or services. The content of our Services is for educational purposes only and should not in any way be construed as the advice or counseling of the practice of medicine or the creation of any professional relationship with DPC. Our Website provides educational information only and should not be relied upon or used as the sole basis or as a substitute for exercising your own professional judgment in providing any health care service. Users should never use any DPC resource in place of their own professional judgment. We make no guarantees, promises, or predictions of success regarding any of the Services or of the content or other resources offered through our Website or from DPC generally.
3. YOUR ACCOUNT
If you create an account with us on our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities that occur under your account and password.
You may not use our Website or the Services contrary to these Terms of Use or for any illegal or unauthorized purpose nor may you, in the use of the Website or the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms of Use will result in an immediate termination of your access to our Services.
4. PURCHASES MADE UNDER YOUR ACCOUNT
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Website. You also agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. By making purchases under your account you agree to the Terms of Service (https://www.dermforprimarycare.com/page/terms-of-service/).
All Services are offered on a non-refundable basis. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit, or cancel quantities purchased per person, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, or to any other person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. Any offer for any Services made on our Website is void if it is refused by DPC.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over the networks used by us.
5. SERVICE DESCRIPTION
We have made every effort to display as accurately as possible the description of our Services that appear on our Website. We cannot guarantee that that the Services conform to your expectations or will generate any expected results. Nor do we warrant that the quality of any Services purchased or obtained by you will meet your expectations, or that our content or Services error-free, or that any errors in our content or Service will be corrected.
6. SERVICE AND PRICE MODIFICATIONS
Prices for Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services without notice at any time. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of any or all of our Services.
7. RIGHTS IN OUR CONTENT
Unless otherwise indicated, all information contained on our Website, such as text, graphics, logos, button icons, images, our own books, pamphlets, audio clips, or videos are copyrighted by and proprietary to us, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent. This restriction does not apply if you make temporary copies in the RAM or a single computer or mobile device’s RAM and hard drive cache as are necessary to browse the Website. You may also make a single copy of the content displayed on any page of the Website solely for your use for personal and noncommercial purposes which do not harm our reputation. In any event, you agree not to remove any trademarks, copyright, and any other notice contained in any of our content.
We may use third-party information, photos, or videos for marketing or informational purposes about the Services we offer on our Website. Your independent commercial use of such third-party information or other third-party content will require that you obtain appropriate consent from such third party prior to using such images or information.
Other than as expressly provided herein, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or the Services.
8. TRADEMARK
DPC’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks, and slogans are the sole and exclusive property of DPC. You may not use any of the foregoing in any advertising, publicity, or in any other commercial manner without the prior written consent of DPC.
9. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We make every effort to ensure that the information on our Website and on the Services offered on our Website is accurate, complete, and up to date. However, we are not responsible if the information on our Website and on the Services offered on our Website is inaccurate, incomplete, or not current. Any reliance on the material on our Website and in our Services is at your own risk.
Moreover, occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or Website is inaccurate at any time without prior notice (including after you have submitted your order).
We reserve the right, but undertake no obligation, to update, amend, or clarify information on the website or in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information on the Website has been modified or updated.
You agree that it is your responsibility to monitor changes to our Website. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website or the Services at any time, without notice to you.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
11. THIRD-PARTY LINKS
Certain content, products, and services available via our Website or Services may include materials from third parties. Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully such third parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
12. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example, user reviews), or if you voluntarily send to us creative ideas, suggestions, proposals, plans, or other material whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
13. PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy at https://www.dermforprimarycare.com/page/privacy-policy/.
14. PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Use, you are prohibited from using the Website, the Services or their respective content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of our or of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, our Services or of any other websites, content or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, the Website or any related website, third party websites, or the Internet. We reserve the right to terminate immediately your use of the Service or the Website or any related website for violating any of the prohibited uses.
15. SUSPENSION OF SERVICE
We work together with our users to keep our Website operating properly and to help safeguard our users as much as possible. Please report to us any issues, inappropriate or offensive content, and violations of our policies.
We may suspend, deactivate, limit, or cancel a user’s account and impede or restrict access to our Website if, in our sole discretion, we think that a user is causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and these Terms of Use. We may do this without limiting other possible remedies. We also reserve the right to terminate user accounts that have no activity for a long period of time.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
DPC, its owners, officers, employees, agents, and contractors do not guarantee, represent or warrant that your use of our Website or the Services will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the Website or the Services will meet your expectation or are otherwise guaranteed in any respect.
You expressly agree that your use of, or inability to use, the Website or the Services is at your sole risk. The Website and Services delivered to you are provided on an “as-is” and “as available” basis without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, updated to current standards, title, and non-infringement.
In no event shall we, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors (collectively, “DPC Parties”) be liable for any injury, loss, claim, penalty or expense arising therefrom (collectively, “Losses”), whether direct or indirect, based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any Services, or for any other claim related in any way to your use of the Website or the Services, even if advised of the possibility of such Losses. The limitation on the liability of the DPC Parties includes, without limitation, Losses arising from errors or omissions in any content of the Website or the Services, or any loss or damage of any kind incurred as a result of the use of the Website or the Services, or any other content, product or service posted, transmitted, or otherwise made available via the Website. The limitation on Losses includes, without limitation, indirect Losses related to incidental, punitive, special, consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
In no event shall the aggregate liability for the DPC Parties for any claim arising from or related to your use of this Website or the Services exceed the sum of one thousand dollars ($1,000.00).
17. INDEMNIFICATION
You agree to indemnify, defend and hold DPC, its owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable investigation expenses and attorneys’ fees, which arise out of your breach of these Terms of Use, the documents they incorporate by reference, or your use of the Website and the Services. Your indemnification obligation under these Terms of Use shall survive the termination of the Terms of Use for any reason.
18. SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of use, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. TERMINATION
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us (i) that you no longer wish to use our Website or our Services, or (ii) when you cease using our Website or the Services.
Your obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.
20. GOVERNING LAW AND VENUE
These Terms of Use and any separate agreements whereby we provide you access to the Website and the Services shall be governed by and construed in accordance with the laws of the State of Georgia without regard to the conflict of laws principles of such jurisdiction. You agree that any claim or dispute you may have against DPC must be resolved by a state or federal court located in Fulton County, Georgia. You agree to submit to the personal jurisdiction of the courts located within Fulton County, Georgia for the purpose of litigating all such claims or disputes.
21. CONTACT INFORMATION
Questions about the Terms of Use can be sent to us at:
E-mail: info@dermforprimarycare.com
Derm for Primary Care
5962 Zebulon Road, Suite 306
Macon, GA 31210
Last revised: October 2020