EFFECTIVE AS OF FEBRUARY 2, 2021; UPDATED JUNE 10, 2021.

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1.     AGREEMENT, ACKNOWLEDGEMENT, AND ACCEPTANCE OF TERMS

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These Terms of Use ("Terms") govern your access to and use of our non-clinical services, interfaces, and properties, which include but are not limited to websites, mobile applications, software, email, social media and any other service or product contained or offered therein (collectively the "Service") that are owned or controlled by Dermatologist Prescribed Inc, also doing business as Easy Derm, ("DP," "we," "us," and "our"). As part of offering the Service, DP contracts with Telehealth Group PLLC and its affiliated entities (collectively the "Telehealth Group" or "Medical Groups"), to provide online telehealth medical consultations and secure messaging between Telehealth Group physicians (each a "Provider") and their patients. Accordingly, our Service includes the professional medical services provided to you by Telehealth Group through its contractual relationship with us, and your access to and use of these services are subject to these Terms.

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These Terms affect your legal rights, responsibilities, and obligations; govern your use of the Service; are legally binding; limit DP's liability to you; and require you to indemnify DP and to settle certain disputes through arbitration. Your acceptance of, and compliance with, these Terms is a condition to your use of our Service and website at https://www.EasyDerm.com, as well as other of DP's websites and online platforms (collectively, the "Site").

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We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. In addition, these Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

Our Site and Service are only for users who are eighteen (18) years of age or over. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please email us at info@dermatologistprescribed.com.

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**By clicking "accept" or otherwise using the Service, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms, our ** Privacy Policy **, and Telehealth Group's ** Notice of Privacy Practices . You agree that information provided by you in connection with our Service shall be governed by our Privacy Policy and Telehealth Group's Notice of Privacy Practices, which are hereby incorporated and made a part of these Terms. You further agree that you are at least the legal age of majority in the jurisdiction in which you reside and that these Terms apply to you, your dependents, and any other person with access to your DP Account (collectively "you" and "your"). You understand and accept that we may, in our sole discretion, terminate your access to all or part of our Site and Service at any time, with or without cause, and with or without notice.

If you do not agree to be bound by these Terms, or if you are under the age of eighteen (18), you are not authorized to access or use this Site or our Service and must immediately exit the Site.

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2.     MEDICAL SERVICES AND RELATED ADVICE

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DERMATOLOGIST PRESCRIBED DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR MEDICAL CARE. DP contracts with Telehealth Group, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. Telehealth Group Providers deliver clinical services via DP's platforms to their patients. We offer an online communication platform for these Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. The contents of the Site are for informational purposes only and are not intended to provide medical advice, diagnosis or treatment. Always obtain the advice of your physician or medical provide with any questions you may have regarding any health conditions or treatment.

As set forth below, some of these communications may be by text messages 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.

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Providers are independent of DP and merely use our Site to communicate with you. DP does not employ or contract with Providers. Providers are independently contracted or employed by Telehealth Group. Thus, Providers, and not DP, 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.

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Moreover, any information or advice received from a Provider comes from the Provider alone, and not from DP. Your interactions with Providers via our Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither DP, 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. DP 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.

DP 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 DP. 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.

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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 DP. 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 DP, or in connection with any communications supported by DP, 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 DP facilitates your selection of, and communications with, Providers, DP does not provide medical services, and the doctor-patient relationship is between you and the Telehealth Group Provider you select.

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By accepting this Agreement, you acknowledge and agree that, Telehealth Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither DP nor Telehealth Group nor any Provider will be responsible in any way and you will not hold DP, Telehealth Group or any Provider 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 Telehealth Group or your Provider(s).

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Payments and cost of subscriptions cover the cost of patient care which includes patient evaluation, ongoing physician-patient relationship, and continued monitoring. Payments and subscription costs do not cover medication costs. Medications are bundled into and provided as part of patient care.

 

Medical Emergencies and Urgent Situations

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DP'S SITE AND SERVICE ARE NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS.**** IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

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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.

 

Risks of Telehealth Services

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By using our Service, you acknowledge the potential risks associated with telehealth services. These risks include but are not limited to the following:

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1. Information transmitted may not be sufficient—for example, because of poor resolution of images—to allow for appropriate medical or health care decision making by the Provider;

2. Delays in evaluation or treatment could occur due to failures of electronic equipment;

3. A lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors;

4. Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information, and certain mediums of communication used to communicate with you- such as text messages- may be less secure than others that are commercially available;

5. The potential that visual or auditory or other cues that a provider may pick up on in-person may not be picked up by the treating provider over two-way-audio-video; and

6. Risks related to patients withholding key medical information or records;

7. Unauthorized access of protected health information as a result of a cyber security or other security breach.

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Further, please understand that there may be uncertainty and inaccuracy inherently associated with Telehealth. By consenting to telehealth services, you accept that the “physical exam” portion of the consultation(s), if any, will be done via pictures, telephone consultation, two-way audio/video consultation, questionnaire, app data and other good faith methodology applied when not conducting an in-person physical exam.

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By accepting these Terms, you agree that you understand the potential risks and consequences of telehealth, which include that because of your specific medical condition, or due to technical problems, a face-to-face consultation still may be necessary after the telehealth appointment, and the telehealth care provider may not be able to accurately diagnose or treat your condition due to limitations inherent in using a non-face-to-face encounter. And in rare circumstances, security protocols could fail breaching patient privacy. Further, you agree that you understand that the alternative to telehealth consultation is a face-to-face visit with a physician or other health care provider.

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Please be advised that the use of telehealth is voluntary and not required.  You may always seek traditional, face-to-face healthcare as an alternative to telehealth (e.g., face-to-face consultations with, or examinations by, a care provider). You have the right to refuse telehealth services and to be apprised of alternatives to such services, including any delays in service, need to travel, or risks associated with not having the services provided by telehealth. You also have the option to withdraw your consent to receive telehealth services at any time. However, please note that the withdrawal of such consent may cause DP and its Providers to discontinue care.

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Prescription Policy

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Neither DP nor Telehealth Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, the Provider will limit supply based upon state regulations and will only prescribe a medication as determined in the Provider's own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Service.

Prescriptions fulfilled by partner Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.

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By using our Service, you agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. DP and Telehealth Group fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Telehealth Group to transmit that prescription to the pharmacy of your choice by sending an email to medical@easyderm.com.

 

Not an Insurance Product

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Neither DP nor Telehealth Group are insurers. The Service does not include insurance products, and the amounts you pay to DP or Telehealth Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

 

3.     AVAILABILITY OF SERVICES

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DP and Telehealth Group operate subject to state and federal regulations, and the Service may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Service under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site or the Service is limited exclusively to users located in States within the United States where the Service is available. The Service is not available to users located outside the United States. Accessing the Site or Service from jurisdictions where content is illegal, or where we do not offer Service, is prohibited.

 

4.     ORDERING AND PURCHASING OUR PRODUCTS

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Order Acceptance and Shipment

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Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to complete the order. Once a properly completed order and authorization of your form of payment is received, we will process your order and product for shipment. If, for some reason, we determined that we cannot ship your product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.

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Typographical Errors and Incorrect Pricing

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In the event a product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the product(s) or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If you credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

 

Subscription Products

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Certain products available for purchase through the Service require that you purchase the product on an automatically renewing subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription through the Service or by emailing medical@easyderm.com directly. 

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In order to simplify the user experience through the Service, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase required a consultation with a Provider and/or includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amounts charged for use of the Service, as well as amounts charged by the Pharmacy for the prescription drug and the amount charged by the Telehealth Group for the services of the Provider, which amounts are collected on behalf of and paid to the Pharmacies and Telehealth Group.

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Risk of Loss

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All products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such products pass to you when they are delivered to the carrier.

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Return Policy

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You may return products in accordance with the Returns Policy posted on our Site, as may change from time to time.

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5.     SITE ACCESS, SECURITY, AND RESTRICTIONS

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In order to access the Site and the Service, you represent and warrant that you are at least eighteen (18) years old. You agree to fully, accurately, and truthfully create your DP Account ("Account") by providing information that includes but is not limited to your name, mailing address, phone number, email address, and password (collectively your "DP ID"). Your DP ID and Account are personal to you, and you are solely responsible for maintaining the confidentiality of your DP ID and Account, and for all activities that occur under said DP ID or Account. You agree to prohibit anyone else from using your DP ID and Account and agree to immediately notify DP of any actual or suspected unauthorized use of your DP ID or Account. You further agree to notify DP of any other security concerns of which you become aware. You also accept that access to the Site may be revoked by DP at any time with or without cause.

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You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

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You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or circumvent other measures we may use to prevent or restrict access to the Site.

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Violations of system or network security may result in civil or criminal liability. DP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with this Site or any activity being conducted on this Site.

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6.     ELECTRONIC COMMUNICATIONS

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When you use the Site or Service, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

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DP and Telehealth Group may contact you by telephone, mail, text message, or email to verify your account information. DP and Telehealth Group may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Service until you provide the information to us as requested.

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7.     CONSENT TO RECEIVE CALLS AND TEXT MESSAGES

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By providing your mobile number to us, you agree to be contacted by or on behalf of DP and Telehealth Group at the mobile number you have provided, including via phone call or text message, to receive communications relating to the Site or Service. Further, and you recognize and acknowledge that services by electronic means, including text messaging, is inherently less secure of a method of communication, and that DP cannot ensure the confidentiality of any information communicated by electronic means. By accepting these Terms, you agree to receive text messages regardless of the level of security associated with them. Such communications may include, without limitation, progress tracking, refill reminders, and checkup reminders. Message and data rates may apply. For help regarding the communications we exchange with you using your phone number, email us at info@dermatologistprescribed.com.

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**Consent to receive text messages is not a condition of purchasing any of our goods and services, and you are free to opt-out at any time- if you would like to stop receiving text messages, you may email us at info@dermatologistprescribed.com. **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 Service that most recently sent you a message or respond to your email by to identify the Service(s) you wish to stop. Keep in mind that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your progress and treatment.

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8.     OWNERSHIP OF SERVICE

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With the exception of your electronic medical record, the Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the "Content"), are all proprietary and owned or controlled by DP, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by DP, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

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All rights not expressly granted to you in these Terms are reserved and retained by DP and its licensors, suppliers, publishers, rights holders, and other content providers. Accordingly, you may not modify, copy, distribute, reproduce, publish, retransmit, disseminate, rent, lease, loan, sell, publish, broadcast, display, circulate, or use the Content, in whole or in part, for any purpose that has not been authorized or approved in writing by DP, including but not limited to commercial purposes. You are also strictly prohibited from publicly displaying the Content; attempting to decompile or reverse engineer the Content; removing any copyright, trademark, or other proprietary notations from the Content; framing or utilizing framing techniques to enclose or deep-link to the Content; applying metatags or "hidden text" to the Content; or otherwise infringing upon the intellectual property rights of DP or misusing DP's Site or Service.

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DP owns and uses several trademarks on the Service, including but not limited to: Dermatologist Prescribed and Easy Derm. All rights reserved.

Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any intellectual property, including without limitation any trademarks, service marks or logos displayed on the Site, without the express written consent of DP, Telehealth Group, or the third party owner of such intellectual property. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow by using the Site or Service. Additionally, you acknowledge and accept that DP may in its sole discretion delete any information provided by you that it deems to be fraudulent, abusive, defamatory, obscene, or in violation of any intellectual property or ownership rights of any other person or entity.

Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Service ("User Content"). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your Account. By submitting any User Content, you grant to DP a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other Users of the Site with whom you may choose to share your User Content.

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9.     ACCURACY OF INFORMATION; FUNCTIONALITY

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Although DP attempts to ensure the integrity and accurateness of the Site and product descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, product descriptions, or other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform DP so that it can be corrected. If a product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product to receive, your sole remedy is to return it to us in unused and undamaged condition. Information contained on the Site may be changed or updated without notice. Additionally, DP shall have no responsibility or liability for information or content posted to the Site from any non-DP affiliated third party.

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DP and Telehealth Group each reserves complete and sole discretion with respect to the operation of the Site and the Service. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Service, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Site or with respect to the Service. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.

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10.     LINKS TO OTHER MATERIALS

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The Service may provide links to other third-party websites ("Linked Sites"). DP has not reviewed all of the information on the Linked Sites, does not maintain any of the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. DP and is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by DP of the Linked Site. Use of any such linked web site is at the user's own risk.

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The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of DP. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with, the third party or its products and services. DP makes no representation or warranty as to any Linked Site, content, products or services, and you agree that DP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

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AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

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11.     USER INFORMATION

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If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to DP and Telehealth Group that you have the legal right and authorization to provide all User Information to DP and Telehealth Group for use as set forth herein and required by DP and the DP Medical Group Provider.

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You further understand and accept that you may not:

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1. Access the Site or use the Service in any unlawful way or for any unlawful purpose;

2. Post or transmit any data, materials, content, or information, including without limitation messages sent or exchanged under a false name, advice, and recommendations, (collectively "Information"), that are (a) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or that (b) contain or promote any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Service, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct;

3. Impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;

4. Tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Service;

5. Use robots or scripts with the Site;

6. Attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site;

7. Have any antivirus or antispyware software running that is set to override the internet browser's cookies setting;

8. Incorrectly identify the sender of any message transmitted to DP by altering the attribution or origin of electronic mail, messages, or posting;

9. Harvest or collect personal health information about any other individual who uses the Site or the Service;

10. Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; or

11. Otherwise engage in or promote any act or activity contrary to any applicable local, state, or federal law.

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YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DP, TELEHEALTH GROUP, AND PROVIDERS FROM AND AGAINST ALL THIRD PARTY CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, AGAINST OR INCURRED BY US ARISING OUT OF ANY USER INFORMATION YOU UPLOAD TO OR TRANSMIT THROUGH THE SITE.

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12.     COPYRIGHT POLICY

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DP complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Any and all users of the Site agree to comply with any and all United States laws, rules and regulations regarding copyright and the DMA. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

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DMCA Takedown Notices

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Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Site. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if DP has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

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1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for DP to determine the legitimacy of the signature and the identity of the signatory;

2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;

3. 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 DP to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;

4. Information reasonably sufficient to permit DP to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;

5. 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; and

6. 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.

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Any such notifications of claimed infringement must be sent to the below contact with the subject line "DMCA NOTICE":

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Dermatologist Prescribed Agent

Health Law Partners PC

32000 Northwestern Hwy #240

Farmington Hills, MI 48334

(248) 996-8510

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If you attempt to provide notice in a form that does not comply with the above requirements, DP in its sole discretion and judgment, may not acknowledge or respond to said notice.

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DMCA Counter Notification

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If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

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1. Your physical or electronic signature, as well as information sufficient for DP to determine the legitimacy of the signature and the identity of the signatory;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the 47th Court District of Michigan, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant's authorized agent.

5. Any such counter notification must be sent to:

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Dermatologist Prescribed Agent

Health Law Partners PC

32000 Northwestern Hwy #240

Farmington Hills, MI 48334

(248) 996-8510

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