Terms of Use Policy

Dermatology Education Foundation

Terms of Use Policy

Revised June 1, 2016

This Terms of Use Policy (“Terms”) applies to all of the Websites owned and operated by or on behalf of the Dermatology Education Foundation (“DEF”) including without limitation DermNPPA.org, DermNPPA.net, Dermcme.org and Dermcme.com, (collectively, “Website”) unless expressly noted otherwise.

PLEASE READ THESE TERMS CAREFULLY; USE OF THE WEBSITE IS SUBJECT TO THIS POLICY.  BY USING THE WEBSITE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE. 

DEF reserves the right to revise these Terms from time to time as DEF sees fit.  Users should check these Terms periodically.  By using the Website after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. 

 

  1. Privacy Issues

DEF is concerned about privacy matters for its members.  Please review our Privacy Policy which also governs your visit to the website to understand our privacy practices.

 

  1. Cookies

“Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a website.  DEF uses cookies to enhance your user experience.  To learn more about how we protect personal information, please review our Privacy Policy.

 

  1. Conduct of Users

When you visit the website or send e-mails to DEF, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the website.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the website satisfy any legal requirement that such communications be in writing.

You agree that you will not:  (i) transmit via or through the Website any information, data, text, files, links, software, chat, communication or other material that is or which DEF considers to be unlawful (by statute or common law), harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other destructive or disruptive software or device; (iii) intentionally or negligently violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

 

  1. Links

DEF has no control over and is not responsible for the content of any unaffiliated websites that may be linked to or from the Website; the links are provided for your convenience only and you access them at your own risk.  In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by DEF of that third party or of any product or service provided by that third party.  Any concerns with respect to any other websites should be directed to that website’s administrator or webmaster.

 

  1. Copyrights, Trademarks & Restrictions

The material included herein, including the Website design, text, graphics, and the selection and arrangement thereof are copyrighted © by DEF. ALL RIGHTS RESERVED.  All other trademarks (registered or common law), product names, and company names or logos cited herein are the property of their respective owners.   

The Website and all materials on the Website, including, but not limited to, images and illustrations are the property of DEF and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by DEF and by copyright law, trademark law, international conventions and other intellectual property laws. 

Except as provided in these Terms you may not reproduce, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever, any materials from the Website (or any other website owned or operated by DEF or its subsidiaries or affiliates) without DEF’s prior written permission.  Any modification of materials, or any portion thereof, or use of materials for any other purpose constitutes an infringement of copyright, trademark, and other proprietary rights of DEF or third parties. 

 

  1. Access by and Authentication of Authorized Users

You shall be identified and authenticated by the use of a username and password, as applicable.  DEF shall be responsible for issuing and terminating passwords and verifying your status. 

You are solely responsible for maintaining the confidentiality of your password(s) and any other code (including user name) used to secure online access and information and you agree that DEF will have no obligations with regard thereto.  If you share passwords or security codes you will be solely responsible for all actions that such persons might take with respect to the access.  If you believe your password or security code has been lost or stolen or someone has gained access to this information without permission, please contact DEF immediately.

 

  1. Notice and Take Down Procedures under Digital Millennium Copyright Act (DMCA)

Under the DMCA, as a copyright holder you or your agents can demand removal of allegedly infringing content. To do that, you must provide DEF’s agent with a complete takedown notice. Under the law, this notice must contain the following elements:

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;

2. Identification of the copyrighted work claimed to have been infringed and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit DEF to positively identify and locate the material;

3. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as the owner, your agent, or the law;

4. A statement that the information in the notification is accurate, and under penalty of perjury, you are the owner of an exclusive right that is allegedly infringed; and,

5.  Your name, telephone number and e–mail address.

 

DEF’s agent for notice of copyright issues on the Website can be reached as follows:

Dermatology Education Foundation

c/o Physician Resources LLC

201 Claremont Avenue

Montclair, NJ 07042

Attn: Legal Department
(ref:  Copyright Infringement)

 

  1. Indemnity

By using the Website, you agree to indemnify and hold the DEF harmless for any and all claims, damages, losses, liabilities and causes of action (including expenses and reasonable attorneys’ fees) arising out of or relating to your breach or alleged breach of these Terms (including without limitation, claims made by third parties for infringement of intellectual property rights).  You agree to cooperate as fully as reasonably required in the defense of any claim.  DEF reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 

 

  1. Disclaimer, Limitation of Liability

THIS WEBSITE IS PROVIDED BY DEF ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DEF MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE (1) OPERATION OF THE WEBSITE, (2) QUALITY, ACCURACY, TIMELINESS, OR VALIDITY OF INFORMATION OR MATERIALS (LICENSED OR OTHERWISE) OR ANY PART THEREOF, (3) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU AGREE THAT USE OF THE WEBSITE AS AT YOUR SOLE RISK.

This Website may contain content that includes facts, views, opinions, statements or recommendations of third party individuals and organizations.  DEF does not represent, warrant, or endorses the accuracy, timeliness, or reliability of any third party advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website.     Further, to the extent that medical information is provided, note that such information is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services. The information presented is for educational purposes only – it is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation, or the advice of your physician or other healthcare provider. You should ask your physician or other healthcare provider to assist you in interpreting any information presented or in applying the information to your individual situation. Medical information changes constantly. Therefore the information should not be considered current, complete or exhaustive. Reliance on any information provided, medical or otherwise, is solely at your own risk; DEF is not responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain as a result of information provided on this Website. 

DEF IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, EVEN THOUGH YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF  DEF FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).

If you are dissatisfied with the Website or services provided by DEF, your sole remedy is to terminate your use of the Website.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

  1. Termination

DEF may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including without limitation, breach of these Terms.  DEF will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the website

 

  1. Jurisdiction

DEF operates the Website from offices within the United States.  DEF makes no representations that content and materials (Licensed or otherwise) on the Website are legal or appropriate for use from outside the United States.  If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.  You may not use the Website in violation of U.S. export laws and regulations. 

These Terms will be governed by and construed in accordance with the laws of New Jersey, as it is applied to agreements entered into and performed therein.  Any action brought to enforce these Terms or matters related to the Website will be brought in either the State or Federal Courts of New Jersey; provided, however, that notwithstanding anything contained in these Terms to the contrary, DEF shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce DEF’s rights.  Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. 

 

  1. Comments, Complaints, and Questions

We welcome your feedback about the Website.  However, any comments, ideas, notes, messages, suggestions or other communications sent to us about the Website shall be and remain the exclusive property of DEF, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, without compensation to you.  If you have any questions or complaints regarding violations of these Terms, please contact us.