Terms & Conditions

Virtual Dermatologic/Virtual Acne Terms and Conditions

These Terms and Conditions define the obligations of Virtual Dermatologic/Virtual Acne, its authorized agents and me, the service subscriber, and they establish the basic rules of safe and fair use of Virtual Dermatologic/Virtual Acne services. Virtual Dermatologic/Virtual Acne and its authorized agents reserve the right to immediately and without advance notice terminate the service and deny access to individuals who do not abide by the Terms and Conditions.

By using the Virtual Dermatologic/Virtual Acne public Website, the Virtual Dermatologic/Virtual Acne secure HIPAA compliant Website and the Virtual Dermatologic/Virtual Acne service, I signify my acceptance of the Virtual Dermatologic/Virtual Acne Service Agreement Terms and Conditions. If I do not accept the Virtual Dermatologic/Virtual Acne Service Agreement Terms and Conditions I should not use this service. If Virtual Dermatologic/Virtual Acne changes the Service Agreement Terms and Conditions, they will post those changes prominently. My continued use of the services and Websites following the posting of changes to these terms will mean I accept those changes. Changes to the Service Agreement Terms and Conditions will become effective immediately upon posting on the Virtual Dermatologic/Virtual Acne Websites and shall supersede all prior versions of the Terms and Conditions unless otherwise noted.

Privacy and Security

Virtual Dermatologic/Virtual Acne considers the privacy of my health information to be one of the most important elements in its relationship with me. Virtual Dermatologic/Virtual Acne's responsibility to maintain the confidentiality of my health information is one that they take very seriously. I accept Virtual Dermatologic/Virtual Acne Privacy and Security Policy.

I understand that it is extremely important that I keep my password to access Virtual Dermatologic/Virtual Acne completely confidential. If at any time I feel that the confidentiality of my password has been compromised, I will change it by going to the Password link on the Virtual Dermatologic/Virtual Acne website. I understand that Virtual Dermatologic/Virtual Acne, or their authorized vendors and agents take no responsibility for and disclaim any and all liability or consequential damages arising from a breach of health record confidentiality resulting from my sharing or losing my password. If Virtual Dermatologic/Virtual Acne, or their authorized vendors and agents discovers that I have inappropriately shared my password with another person or that I have misused or abused my online access privileges in any way, my participation may be discontinued without prior notice.

Use of Virtual Dermatologic/Virtual Acne for Health Care Services

My registration authorizes me to use Virtual Dermatologic/Virtual Acne services as provided in this Agreement. It is my duty to be truthful and accurate in the patient information input screens. It is also my duty to upload pictures of the actual patient (me or my dependent). I acknowledge that I understand that any misrepresentations about the patient's condition may result in serious harm to me or others. The law requires that every medical diagnostic or treatment encounter be documented. The documentation of treatment encounters with Virtual Dermatologic/Virtual Acne is maintained in an electronic health record (EHR). While my account with Virtual Dermatologic/Virtual Acne is active and in good standing, I will have unlimited access to my medical information stored in my EHR.

By accepting this Agreement, I am granted a limited, non-exclusive and non-transferable right, subject to the terms of this Agreement, to use Virtual Dermatologic/Virtual Acne services and Website. In order to be valid, my account must contain certain required true, correct and verifiable information about my identity and medical history. In order to maintain access to Virtual Dermatologic/Virtual Acne services, and in order for Virtual Dermatologic/Virtual Acne to provide me important information regarding my medical treatment and my health, it is my responsibility to update my personal account information and to notify Virtual Dermatologic/Virtual Acne of any changes in my home address, e-mail address, telephone number, or guardian or emergency contact. My failure to do so may result in interruption of service or Virtual Dermatologic/Virtual Acne's inability to deliver to me important time-sensitive information about my medical condition, medications, laboratory and diagnostic test results. I may update my personal information by accessing my registration information through the Virtual Dermatologic/Virtual Acne Website by logging in with my user name and password.

Virtual Dermatologic/Virtual Acne's telemedicine consults are provided by dermatologists dedicated to the safe and effective, evidence-based practice of teledermatology. I choose to enter into a doctor-patient relationship with Virtual Dermatologic/Virtual Acne's contracted physicians. I agree to have my medical history and photographs reviewed by one of Virtual Dermatologic/Virtual Acne's contracted physicians. I acknowledge that Virtual Dermatologic/Virtual Acne's contracted physicians may choose not to treat my condition or prescribe a medication for my condition. Virtual Dermatologic/Virtual Acne's contracted physicians do not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse. Virtual Dermatologic/Virtual Acne's contracted physicians reserve the right to deny care for potential misuse of services. Virtual Dermatologic/Virtual Acne operates subject to state regulation and may not be available in certain states. Virtual Dermatologic/Virtual Acne providers are responsible for the medical diagnostic and treatment decisions and advice. A list of these individuals will be provided to me upon request.

For individuals who are under age 18, a parent or legal guardian must accept this Agreement and on his or her behalf. I agree at all times not to falsify or misrepresent my identity or my authority to act on behalf of another person. I also agree to not attempt or facilitate to attack or undermine the security of the integrity of the systems or networks of Virtual Dermatologic/Virtual Acne or any of its authorized agents or affiliates.

I understand that Virtual Dermatologic/Virtual Acne should never be used for urgent matters. The anticipated turnaround time for response is up to 2 business days. Therefore, for all urgent matters that I believe may immediately affect my health or well-being, I will, without delay, go to the emergency department of a local hospital, and/or dial 911.

Virtual Dermatologic/Virtual Acne will make the treatment visit notes available for me to review to ensure that relevant signs and symptoms of patient's presenting complaint are accurately documented and I understand the treatment decision and instructions issued by the Virtual Dermatologic/Virtual Acne health care provider. I am advised to immediately contact Virtual Dermatologic/Virtual Acne if I disagree with or do not understand the contents of the treatment visit note or the instructions issued by the treating Virtual Dermatologic/Virtual Acne health care provider.

I understand that the Dermatologists or staff may send me messages. These messages may contain information that is important to my health and medical care. It is my responsibility to monitor these messages. By entering my valid and functional e-mail address, I have enabled Virtual Dermatologic/Virtual Acne to notify me of messages. I will update my e-mail address on Virtual Dermatologic/Virtual Acne as needed. I agree not to hold Virtual Dermatologic/Virtual Acne or their authorized vendors and agents liable for any loss, injury or claims of any kind resulting from Virtual Dermatologic/Virtual Acne messages that I fail to read in a timely manner. I understand that contents of any message may be stored in my permanent health record. I agree that all communication will be in regard to my own health condition(s). I understand that asking for advice on behalf of another person could potentially be harmful and is a violation of the Virtual Dermatologic/Virtual Acne Terms and Conditions. Virtual Dermatologic/Virtual Acne and Dermatologists do not assume any responsibility for health information or services used by persons other than by me.

I acknowledge and agree that Virtual Dermatologic/Virtual Acne does not provide medical advice, diagnosis, or treatment, it is a telemedicine program that connects patients with independent third party contracted Dermatologists No information found on this WebSite should be relied on as professional medical advice. Nothing contained in this WebSite should be construed, directly or indirectly, as the practice of medicine or providing medical services by Virtual Dermatologic/Virtual Acne.

Virtual Dermatologic/Virtual Acne does not endorse the promotions, products, or services of any third parties. Virtual Dermatologic/Virtual Acne does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. Virtual Dermatologic/Virtual Acne does not assume any responsibility or liability for the accuracy of information contained on any third party web sites. Expect for the information provided to me directly from the Dermatologists, all other information shall not be considered medical advice or an endorsement, representation or warranty that any medication or treatment is appropriate, necessary, safe or effective for me.

Deactivation of Account

I understand that my account may be deactivated upon my request or at the discretion of Virtual Dermatologic/Virtual Acne for failure to meet these Terms and Conditions. After such termination, Virtual Dermatologic/Virtual Acne will not have any further obligation to provide services except for the legal obligation to provide me access to my health information or continuing care under any legal, ethical or professional obligation a physician providing services to me may have.

Disclaimer

I understand that my account may not be available to me at all times due to unanticipated system failures, back-up procedures, maintenance, or other causes beyond the control of the Virtual Dermatologic/Virtual Acne or their authorized vendors and agents. Access is provided on an "as-is as-available" basis and Virtual Dermatologic/Virtual Acne or their authorized vendors and agents do not guarantee that I will be able to access my account at all times.

I understand that Virtual Dermatologic/Virtual Acne or their authorized vendors and agents takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in software, communication lines, the virtual private network, the Internet or my Internet Service Provider (ISP), access system, computer hardware or software, or any other service or device that I use to access my account.

I understand that the health care services rendered by the Dermatologists are subject to their discretion and professional judgment. I understand that Virtual Dermatologic/Virtual Acne operates subject to state regulation and may not be available in certain states.

DISCLAIMER OF WARRANTIES

I EXPRESSLY AGREE THAT USE OF WEBSITE OR SERVICES IS AT MY SOLE RISK. AND ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIRTUAL DERMATOLOGIC/VIRTUAL ACNE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUSES, TITLE, OPERABILITY, ACCURACY OR COMPLETENESS OF DATA, RELIABILITY, OR RESULTS.

LIMITATION OF LIABILITY

I UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VIRTUAL DERMATOLOGIC/VIRTUAL ACNE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO MY USE OF THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

Indemnification

I agree to indemnify, defend and hold harmless VIRTUAL DERMATOLOGIC/VIRTUAL ACNE, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable attorney fees, resulting from, or alleged to result from, my violation of this Agreement. In addition, I agree to indemnify, defend and hold harmless my Dermatologist from and against claims resulting from my lack of adherence with the advice or recommendation(s) of such Dermatologist.

Intellectual Property

Virtual Dermatologic/Virtual Acne practice software and treatment protocols are the intellectual property of Virtual Dermatologic/Virtual Acne. They include copyrighted and patented material and trade secrets. I am not permitted to copy, document, modify, reverse engineer, reverse assemble or otherwise attempt to duplicate or discover the contents of said intellectual property of Virtual Dermatologic/Virtual Acne or their authorized vendors and agents. I am not permitted to sell, sublease, transfer, assign, enable, or grant access or rights to use the services of Virtual Dermatologic/Virtual Acne to anyone. I hereby agree that violations of this Agreement shall be subject to prosecution to the full extent of the law. The determination of whether I am in violation of any part of this service Agreement is at the discretion of Virtual Dermatologic/Virtual Acne.

Surveys

I understand that from time to time I may be asked to complete patient satisfaction surveys. Virtual Dermatologic/Virtual Acne may analyze information submitted via these surveys as part of descriptive (demographic) studies and reports. In such cases all of my personal identifying information will be removed.

Miscellaneous

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

It is understood that no delay or omission in exercising any right or remedy identified herein shall constitute a waiver of such right or remedy, and shall not be construed as a bar to or a waiver of any such right or remedy on any other occasion.

Virtual Dermatologic/Virtual Acne and its authorized agents and I agree to comply with all applicable laws and regulations of governmental bodies or agencies in performance of our respective obligations under this Agreement.

It is understood that I may have certain expectations of anticipated benefits but no results are guaranteed or assured.

I agree that this Agreement and my use of Virtual Dermatologic/Virtual Acne shall be governed and construed by the laws of the state of Washington. I agree that jurisdiction and venue of any dispute arising under or related to this Agreement or use of Virtual Dermatologic/Virtual Acne shall be brought in Spokane County, state of Washington.