Terms and Conditions
Dermio, LLC (“DERMIO”) maintains this platform as a service to its clients and to a more limited extent, the general public. By using this platform you agree to and accept the terms and conditions contained herein. Please review the terms and conditions carefully prior to using the platform or any information contained therein.
MEDICAL ADVICE. Unless specifically provided to you by a medical professional, nothing contained on or in this platform is intended to be or shall be considered medical advice from DERMIO or the practice of medicine. Information presented on this platform is general in nature and specifically disclaims any claims about the efficacy and safety of any product or service. You should not use any information presented on this platform as means of diagnosing or treating a medical condition unless specifically provided to you by a healthcare professional. The information contained on this platform is not a substitute for the professional medical advice of a licensed medical professional. Medical services arranged or obtained through this platform are provided by independent medical professionals in their professional capacity. The information contained on this platform is not intended to contradict the advice, suggestions, and recommendations of your physician or medical professional. In the event any information on this platform contradicts the recommendations of your physician or medical professional- follow the advice, suggestions, or recommendations of your physician or medical professional. All users of this platform agree to not rely on any information contained on this platform, except for the advice, suggestions, and recommendations of their physician or healthcare professional. IN CASE OF AN EMERGENCY CALL YOUR PHYSICIAN DIRECTLY, 911 OR A LOCAL EMERGENCY NUMBER.
To the extent permitted by law, you agree to indemnify, defend and hold harmless DERMIO, its directors and officers, staff, agents, employees, partners, and representatives and affiliates from any claim, loss, liability or expenses associated with your use of DERMIO or any associated website or links.
DERMIO make every effort to include accurate and timely information on DERMIO though we make no representations or warranties, express or implied, as to the accuracy or completeness of any information, forms, documents or agreements. The content of this platform is presented on an “as is” and “as available” basis, without any warranty whatsoever, whether express or implied. You have no assurance, and DERMIO makes no representations or warranties, that any information presented in this platform is reliable, accurate, timely, useful or complete. Under no circumstance will DERMIO be liable or responsible to you for any errors or omissions in any information contained in this platform.DERMIO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY TYPE, KIND, NATURE OR DESCRIPTION WHATSOEVER, WHETHER EXPRESS OR IMPLIED AND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO ANY INFORMATION CONTAINED IN THIS PLATFORM.
Except to the extent required by the Health Insurance Portability and Accountability Act (“HIPAA”), DERMIO disclaim any liability for the use of any part of this platform or of any website linked to it. DERMIO shall not be held liable for direct, indirect, incidental or consequential damages of any kind resulting from use of this platform or any website linked to it. All users agree that all access and use of this platform or any website linked to it and the content thereof is at their own risk. Except to the extent required by HIPAA, neither DERMIO nor any other party involved in creating, producing or delivering this platform or any website linked to it shall be liable in any manner whatsoever for any direct,incidental, consequential, indirect or punitive damages arising out of access,use or inability to use this platform or any website linked to it, or any errors or omissions in the content thereof. If you choose to use this platform or any of the Services, you must do so at your own risk. Except asrequired by HIPAA, under no circumstance will DERMIO be liable to you for, and you hereby knowingly and voluntarily release DERMIO from any claim relating to, any loss or damage that you might directly or indirectly suffer(including, without limitation, incidental, special, consequential, or punitive damages, lost profits, and damages resulting from lost data or business interruption) as a result of: (a) your use of this platform or any service, (b) your inability to use this platform or any service, irrespective of the cause of that inability, (c) any delay in or interruption of your use of this platform or any service, irrespective of the cause of that delay or interruption, (d) any corruption of any data that is transmitted by you to DERMIO via this platform, transmitted by DERMIO to you via this platform, or transmitted by DERMIO to you by any method whatsoever, (e) your reliance upon any information presented in this platform, (f) your use of any website to which this platform may be linked, your use of any service provided by and through any such website, your reliance upon any information presented in any such website, or your purchase of any product by way of any such website, (g) the transmission of any virus, worm or other corruptive, contaminating or destructive property or device from this platform to any computer that you may use to access or communicate with this platform, (h) any intentional or unintentional disclosure or publication of any information transmitted by you to DERMIO by way of this Website or in connection with any Services, or (i) any other act, omission, matter or thing whatsoever having to do with this platform or any service.
DATA COLLECTION AND PROCESSING.
SECURITY AND PRIVACY.
DERMIO implements security measures to protect the data it obtains through this platform against loss, destruction, manipulation, unauthorized disclosure and access by unauthorized persons. However, DERMIO cannot guarantee that personally identifiable information that you submit to or through this platform, or that is collected on this platform, will be secure. DERMIO shall use all Protected Health Information in the manner stated and noted in the Notice of Privacy Practices and in a manner consistent with the requirement of state and federal laws including, but not limited to, HIPAA, state privacy laws, and other laws addressing the use, retention and disclosure of medical information.
CHILDREN AND MINORS.
Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), DERMIO will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who uses this platform or provides their personal, non-medical information to DERMIO through this platform represents that they are thirteen (13) years of age or older. DERMIO does not treat or provide medical services to minors without the consent of the minor’s legal guardian unless allowed to do so by law
MODIFICATION OF PLATFORM.
DERMIO reserves the sole right to change or modify any content, organization and construction of this platform at any time without advance notice but do not assume or imply any responsibility to update it. You are advised to review changes to these terms and conditions before use of this platform. DERMIO may add, modify or amend these terms and conditions at any time and for any reason without notice to you or any other person. You must review these terms and conditions each time you enter this platform. By viewing content on this platform or using this platform, you accept the most recent version of these terms and conditions.
You accept and agree to all other rules and policies related to this platform. You may also be subject to additional terms that may apply when you access certain areas or materials on this platform, or by following a link from this platform.
Links to other websites are provided for convenience only. In linking to other websites, DERMIO does not express any opinion, approval or endorsement of their content or implied ideas. DERMIO is not responsible for the content or accuracy of other websites. DERMIO disclaims any liability for the information and use of other websites. DERMIO makes no representation or warranty as to the accuracy or reliability of any information presented in the linked website or any product or service offered by and through the linked website.
LIMITED RIGHT TO USE
All content, organization, platform construction, intellectual property and other matters related to this platform are proprietary rights and the sole property of DERMIO. The viewing of any content or documents allows you limited use for personal informational purposes only. Your right to use the platform is not transferable. Any rights given to you to obtain forms are not transferable. Any reproduction, retransmission, redistribution, publication or other use of any content, form or document is strictly prohibited other than for your personal use. You do not have nor can you acquire ownership rights to any content or document obtained from the platform or DERMIO. Request for permission to reproduce any information contained on this platform should be addressed to DERMIO management.
By using this platform, you agree that you will do so only for lawful purposes, and you will not engage in any conduct that in any manner inhibits or interferes with the ability of any other person to use this platform or any service offered through the platform. Any efforts to deface, deactivate, to engage in so-called “spamming” or hacking activity will subject the perpetrator to all available civil and criminal penalties. You will not communicate with, on or through this platform in any unlawful, harmful, offensive, threatening, abusive, libelous, defamatory, obscene, profane, pornographic, sexually explicit, vulgar, bigoted or otherwise objectionable manner, including, without limitation, any manner that encourages activity that would constitute a criminal offense, give rise to civil liability or violate any law.
GOVERNING LAW; ARBITRATION; SEVERABILITY AND MODIFICATION; AND WAIVER.
These terms and conditions are governed by and construed in accordance with the laws of the State of Illinois. Use of this platform is voluntary and does not subject DERMIO, its partners, attorneys, staff, agents, reps or affiliates to judicial process in or to the jurisdiction of courts or other tribunals outside of the State of Illinois. By using this platform you agree to submit and resolve any and all disputes via arbitration in Chicago, IL. Any controversy or cause of action rising out of or relating to use of this platform must be instituted within six (6) months after the cause of action arose or be forever waived and barred, unless such waiver is prohibited by law. All legal proceedings arising out of or in connection with this platform, DERMIO, or these terms and conditions shall be settled by binding arbitration by a single, neutral arbitrator in the County of Cook in the state of Illinois, in accordance with the rules then in effect of the American Arbitration Association, and judgment rendered upon the award, including such reasonable attorney's fees as may be awarded the prevailing party, may be entered in any court having jurisdiction.
Should any part of these terms and conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the platform is in conflict or inconsistent with these terms and conditions, this document shall take precedence.
Failure of DERMIO to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Send any and all notices to Dermio, LLC, 3023 N. Clark St., Ste. 861, Chicago, IL 60657.