Terms of Use

General.  This document describes the online terms of use (“Terms of Use”) of the DermatologistOnCall® Service (“DOC Service”) located at http://www.dermatologistoncall.com (“Website”) administered by Iagnosis, Inc. d/b/a DermatologistOnCall (“DOC”).  The DOC Service provides telehealth dermatology services through this Website.

Amendments.  DOC reserves the right to change, modify, or update these Terms of Use at any time without notice.  We encourage you to periodically review these Terms of Use. You may at any time print, download and/or store a copy of these Terms of Use.  Your continued access to and usage of this Website signifies your acceptance of any such modifications to these Terms of Use.

Acknowledgement of Terms. As set forth herein, these Terms of Use is a legally binding agreement between you and DOC.  By using or accessing this Website or agreeing to these Terms of Use, you acknowledge that you have read and understood these Terms of Use and that you fully agree to be bound by all of the terms and conditions in these Terms of Use, which may be modified from time-to-time by DOC.  Any such modifications shall be effective immediately upon posting.

These Terms of Use, together with the Privacy Policy, constitutes the entire understanding between you and DOC regarding the use of this Website and the DOC Service. 

Term and Termination. These Terms of Use takes effect upon your access and use of this Website and automatically terminates if any of the following occur: 1) you fail to comply with a term, condition, or other obligation; 2) you cease use of this Website; or 3) DOC chooses to terminate these Terms of Use with you, with or without cause.

Intellectual Property. This Website and components thereof, including, but not limited to, text, images, audio, audiovisual content, source code, applets, web modules, and downloadable and web-enabled programs used in connection with this Website (including, without limitation, the DOC Service) constitute the intellectual property and proprietary content of DOC and/or its licensors and are protected under United States and international copyright, trademark, trade secret, and other intellectual property laws, where applicable. Except as expressly authorized in writing by DOC in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on this Website or any components provided in connection with or obtained from this Website (including, without limitation, the DOC Service), in whole or in part for any purpose whatsoever.  

DOC and its licensors grant you a personal, non-transferable and non-exclusive right and license to use this Website. You agree not to access this Website by any means other than through the interface that is provided by DOC for doing so.  No transfer or grant of any intellectual property is made or implied by this license and DOC reserves all rights in such intellectual property.

Notwithstanding anything to the contrary, DOC has the right though not the obligation to, in the sole and exclusive discretion of DOC, to do the following: (i) remove any content or information that, in the sole and exclusive discretion of DOC, is inappropriate, unlawful, or otherwise is likely to subject DOC to liability, or (ii) terminate or deny access to and use of this Website or Doc Service to any individual or entity for any reason or no reason whatsoever, in the sole and exclusive discretion of DOC.  In either instance, DOC shall have no obligation to provide a refund of any amounts previously paid to DOC by you.

Unless DOC specifically agrees in writing, you shall not and you shall ensure that any third party does not do any or all the following in connection with this Website or components thereof (including, without limitation, the DOC Service): (a) sell, resell, lease, or share access with a third party; (b) attempt to decompile, disassemble, or reverse engineer the components provided in connection with or obtained through this Website; or (c) attempt to create a similar service or a competitive service through use of, or access to, this Website.

DOC’s word marks, design marks, and slogans, which include DermatologistOnCall®, are either registered and/or unregistered common law trademarks and/or service marks ("Marks") of DOC or its licensors. No display or use of such Marks may be made without the express written permission of DOC.

DOC respects the intellectual property rights of others. If you believe that any item or activity taking place in connection with this Website may constitute infringement of an intellectual property or other proprietary right, please notify us.  DOC shall diligently respond to any such notices, including notices in accordance with the Digital Millennium Copyright Act (“DMCA”), under the US copyright law.  As required or appropriate under the DMCA, DOC shall also remove the infringing material or disable links to infringing material as appropriate or required.  DOC shall have the right but not the obligation to terminate or deny access to and use of this Website to anyone who is deemed to be infringing copyright laws in the sole and exclusive discretion of DOC.  In such an event, DOC shall have no obligation whatsoever to provide a refund of any amounts previously paid by you to DOC.

Please send the DMCA notice with regard to infringing material or links to infringing material to the following address:

Iagnosis, Inc. d/b/a DermatologistOnCall
Attn: Legal Department
4 Smithfield Street, 11th Floor
Pittsburgh, PA 15222 

Unsolicited Ideas.  Any idea or information transmitted to DOC shall belong to DOC for the sole and exclusive use of DOC and may be used by DOC for whatever purpose DOC desires, such as for a commercial purpose, without compensation being paid by DOC.

Restriction on Use of This Website.  This Website is provided for your personal, non-commercial use and you agree not to copy, transmit, or modify any portion of this Website in any manner whatsoever.

Responsibility of Website Visitors.  DOC does not review information and other content posted to this Website or using the DOC Service unless DOC has received notice from a third party that such information or content is inappropriate, unlawful, or otherwise.  You are solely responsible for taking precautions as necessary to protect your computer system (or computing device) from any viruses, worms, Trojan horses, and any other harmful or destructive content. 

No Export.  You agree to not ship, transfer, or export into any country or otherwise use in any manner this Website and components thereof (including, without limitation, the DOC Service) in any manner which is prohibited by the United States Export Administration Act or any other applicable export laws, restrictions, or regulations.

Stock Photography and Images. Photographs of individuals on this Website do not necessarily express or imply that the individuals are associated with or endorse the services rendered by DOC (including, without limitation, the DOC Service).  Stock photography and images have been duly licensed from their respective sources.

Testimonials.  Favorable comments or endorsements are noted accordingly, but do not guarantee, or otherwise imply, any future outcomes or successes in connection with your use of the Website or the DOC Service.

Links to Other Websites. This Website may provide links to other third party websites and services. Links to such websites or services are merely provided as a public service to users of the and do not constitute any endorsement by DOC of such third party websites, or the quality, fitness, suitability, accuracy, or appropriateness of the information, content, materials, products or services which are otherwise presented or made available.  DOC, its directors, officers, employees, AND AGENTS are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third party WEBsites OR SERVICES or from the information, CONTENT, MATERIALS, PRODUCTS, OR SERVICES presented by or MADE available through those websites OR SERVICES.

Representations and Warranties.  YOU REPRESENT AND WARRANT THE FOLLOWING: 1) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE AND THAT, IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A THIRD PARTY, THAT YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS OF THESE TERMS OF USE; 2) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO PERFORM YOUR OBLIGATIONS UNDER THESE TERMS OF USE; AND 3) YOU REPRESENT AND WARRANT THAT YOU HAVE OR OWN THE LEGAL RIGHT TO THE CONTENT YOU UPLOAD OR OTHERWISE TRANSFER TO DOC INCLUDING BUT NOT LIMITED TO COPYRIGHT RIGHTS.

Disclaimer of Warranties.  THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL CONTENT MADE AVAILABLE ON OR THROUGH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THROUGH THE DOC SERVICE), IS PROVIDED ON AN "AS IS", "WHERE IS", AND AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. 

ADVICE, RECOMMENDATIONS, AND OTHER INFORMATION (COLLECTIVELY, “MEDICAL INFORMATION”) PROVIDED BY DERMATOLOGISTS PARTICIPATING IN THE DOC SERVICE (“PARTICIPANTS”) ARE NOT ENDORSED, VETTED, OR APPROVED BY DOC IN ANY WAY.  YOUR USE OF ANY SUCH MEDICAL INFORMATION IS AT YOUR OWN RISK.  ANY DISPUTES OR CLAIMS IN CONNECTION WITH SUCH MEDICAL INFORMATION ARE SOLELY BETWEEN YOU AND THE PARTICIPANT PROVIDING SUCH MEDICAL INFORMATION.

EXCEPT FOR MEDICAL INFORMATION PROVIDED BY PARTICIPANTS TO YOU, NOTHING ON THIS WEBSITE OR OTHER COMPONENTS THEREOF (INCLUDING, WITHOUT LIMITATION, THE DOC SERVICE) IS INTENDED AS MEDICAL ADVICE OR ANY OTHER KIND OF ADVICE WHATSOEVER.  DOC MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS WEBSITE.  DOC MAKES NO WARRANTY WHATSOEVER AS TO THE AVAILABILITY OF CONTENT OF THE WEBSITE OR THE ENTIRE WEBSITE ITSELF.

DOC, its directors, officers, employees, AND AGENTS DO NOT WARRANT THAT THIS WEBSITE, THE DOC SERVICE, AND ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES USED IN CONNECTION WITH THIS WEBSITE AND DOC SERVICE WILL BE ACCURATE, TIMELY, RELIABLE, ADEQUATE, USEFUL, SECURE, UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE DOC SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR UNWANTED COMPONENTS.

Limitation of Liability. IN NO EVENT SHALL DOC BE HELD LIABLE UNDER THESE TERMS OF USE FOR MORE THAN THE AMOUNT PAID BY YOU TO DOC DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY IN CONNECTION WITH THE USE OF THIS WEBSITE, DOC SERVICE, OR OTHER COMPONENTS THEREOF. 

EXCEPT AS SET FORTH HEREIN, IN NO EVENT SHALL DOC, its directors, officers, employees, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE AND COMPONENTS THEREOF OR FAILURE TO ACCESS THIS WEBSITE AND COMPONENTS THEREOF (INCLUDING, WITHOUT LIMITATION, THE DOC SERVICE), EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOC, its directors, officers, employees, AND AGENTS SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THIS WEBSITE AND DOC SERVICE, OR ANY OTHER ACTION OR DECISION MADE IN RELIANCE OF ANY OF THE FOREGOING.  DOC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THIS WEBSITE AND COMPONENTS THEREOF.  YOUR USE OF THIS WEBSITE AND COMPONENTS THEREOF IS AT YOUR OWN RISK.

Notice.  DOC may deliver notice to you by means of e-mail, a general notice on this Website or other component thereof (such as, without limitation, the Doc Service), or by other reliable method to the e-mail and mailing address(es) which you have provided to DOC. 

Your Account.  You shall keep your username and password confidential.  You are entirely responsible for maintaining the confidentiality of your username and password.  You are also entirely responsible for all activities that occur under your account.  You shall also notify DOC immediately if you suspect any unauthorized use of your account.  Notwithstanding anything to the contrary herein, DOC shall not be liable for any acts or omissions by you or others in connection with your username, password, or account.  DOC reserves the right to remove any inappropriate or unlawful content or other content which, in the sole and exclusive discretion of DOC, is likely to subject DOC to liability with regard to your account.

Indemnification. You shall indemnify, defend, and hold harmless DOC and its directors, officers, employees, and agents from and against all losses, expenses, damages and costs, including without limitation reasonable attorneys'' fees, resulting from any violation of these Terms of Use or any activity or item related to your account (including, without limitation, negligent or wrongful conduct) by you or any other person using your account on this Website. 

Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Laws and Regulations. Use of this Website and components thereof is subject to all applicable international and domestic laws and regulations and you agree not to use this Website or components thereof to violate any applicable international or domestic laws and regulations. 

Choice of Law and Venue. These Terms of Use shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions.  The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County located in the Commonwealth of Pennsylvania.  ANY CAUSE OF ACTION OR CLAIM WHICH YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Waiver. The failure of DOC to exercise or enforce any right or provision of these Terms of Use shall not be deemed as a waiver of such right or provision.

Successors and assigns.  These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors or assigns.

Survival. The following provisions shall survive the termination of these Terms of Use and shall apply indefinitely, in addition to any other provisions that are reasonably expected to survive the termination of these Terms of Use: 1) Intellectual Property; 2) No Export, 3) Links to Other Websites; 4) Representations and Warranties; 5) Disclaimer of Warranties; 6) Limitation of Liability; 7) Indemnification; 8) Severability; 9) Choice of Law and Venue; 10) Waiver; 11) Successors and assigns; and 12) Survival.

Headings. All headings contained in these Terms of Use are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms of Use.