Terms of Use Policy

Dermatology Education Foundation
Terms of Use Policy
Revised May 25, 2018

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”) unless expressly noted otherwise.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY; AUTHORIZED USE OF THE DEF WEBSITE IS SUBJECT TO THIS POLICY.  BY USING THIS WEBSITE, YOU ARE ACCEPTING THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE.

Users who violate these Terms will have their access terminated without prior notice. 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.

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.

Privacy Issues

DEF is concerned about privacy matters for its users.  If you are a citizen of a jurisdiction subject to the protections of the General Data Protection Regulation, we urge you to review the DEF Privacy Policy effective May 25, 2018. Notwithstanding the GDPR, we invite all users to review the Privacy Policy to understand your rights.

Cookies

Cookies are small text files containing small amounts of information that are downloaded to your computer or mobile device when you visit a website and stored within your browser. Cookies are then sent back to the originating website on each subsequent visit to that website or another website that recognizes those cookies. Cookies are useful because they allow a website to recognize a user’s device and help improve the website’s performance, to provide customized viewing options, to compile statistical reports on website activity, for security purposes and to recognize you from a prior visit. We understand that not everyone wants to permit the use of cookies. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this site might not work without cookies. To learn more about how we protect personal information, please review our Privacy Policy.

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 materials that is/are or which DEF considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally 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.

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.  Such websites access from the DEF website is independent from DEF; 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 a third party. Any concerns with respect to other websites should be directed to that website’s administrator or webmaster.

Copyrights, Trademarks & Restrictions

The material included herein, including Website design, text, graphics, and the selection and arrangement thereof are copyrighted © by DEF. ALL RIGHTS RESERVED.  All other trademarks, 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 the Terms you may not reproduce, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever, any materials from the Website 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 trademark or other proprietary rights of DEF or third parties.

Access by and Authentication of Authorized Users

You shall be granted access to the Licensed Materials pursuant to the following:

Passwords – You shall be identified and authenticated by the use of usernames and passwords. 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 (something DEF does not recommend) 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.

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

If you believe any materials on the Website infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act.  To follow those procedures, contact us and provide the following information:

A clear statement identifying the works, or other materials believed to be infringed.
A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
Sufficient information about the location of the allegedly infringing materials so that DEF can find and verify its existence.
Your name, telephone number and e–mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

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

DEF
c/o Physician Resources, LLC
201 Claremont Avenue
Montclair, NJ 07042
Attn: Legal Department
(ref:  Copyright Infringement)

OR via email: [email protected] provided that delivery is confirmed through electronic receipt.

VII. Indemnity

By using the Website, you agree to indemnify the DEF 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.

VIII. 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 IF THOUGH YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF THE 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).

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.

IX. 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.  The restrictions regarding materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination of your use of this website.  In the event that you are dissatisfied with the services provided by DEF, your sole remedy is to terminate your use of the Website.

X. Jurisdiction

DEF operates the Website from its 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 the 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’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.  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.  If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force.  These Terms constitute the entire agreement between you and DEF concerning your use of the Website.

XI. Comments, Complaints, and Questions

We welcome your feedback about the Website.  However, any comments, ideas, notes, messages, suggestions or other communications sent to 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, all without compensation to you.  Should you have any questions or complaints regarding violations of these Terms, please contact us.