Terms of Service
Effective: May 01, 2020
Welcome to Dermpedia Courses!
These Terms of Use are a contract between you and Dermatopathology Consultations LLC, doing business as Dermpedia Courses (“Dermpedia Courses,” “we,” or “us”) that governs your use of the courses.dermpedia.org website (the “Site”), all content, information and other materials provided on or through the Site (“the “Content”), and all courses and other services provided by Dermpedia Courses (the “Services”). Please note that Dermpedia Courses is affiliated with the dermpedia.org website, but the dermpedia.org website is governed by separate terms of use that are posted on that website.
By using the Site or the Services (or opening and using a Dermpedia Courses account), you agree to comply with all these Terms of Use, so please read them carefully. You also agree to comply with our Privacy Policy, our Terms and Conditions for Courses and any other supplemental terms and conditions that apply in connection with any courses, subscriptions or services that you purchase from us, all of which are incorporated into these Terms of Use by reference. If you use the Site or the Services (or crease a Dermpedia Courses account) on behalf of someone else (such as a co-worker) or an entity (such as your employer), you represent that you are authorized by such individual or entity to accept these Terms of Use on their behalf.
1. About the Site. Some portions of the Site can be viewed and accessed without a Dermpedia Courses account, some portions of the Site and the Services may be accessed only if you create a Dermpedia Courses account and provide certain basic information about yourself (which you authorize us to use and disclose as described in our Privacy Policy), and other portions of the Site and Services, such as online or in-person courses, are available only to paid subscribers (“Paid Services”).
2. Proprietary Rights. The Site and all the Content and Services are owned by us or our licensors, including all copyright, trademark, patent, trade secret and other intellectual property rights. You may not use the Site, the Content or the Services in any manner that infringes the copyrights or proprietary interests therein. You may use the Site, the Content and the Services for personal, non-commercial purposes only. You may print, download and store Content for your own personal use and convenience (provided that you maintain all copyright and other notices contained therein), but you may not copy, distribute, republish, sell, or exploit any of the Content, or exploit the Site or the Services in whole or in part, for any commercial gain or any other purpose whatsoever (including any non-profit or public purpose) without our prior written permission. Although we seek to support education with respect to dermatology and dermatopathology, due to copyright and other intellectual property restrictions you may not show, exhibit or display (either visually or aurally) the Site or any Content or Services for use by others (including in a classroom or other educational setting) without our prior written permission. You may not authorize or permit any person to access or use the Site. Except as expressly provided herein, neither we nor any of our suppliers grant you any express or implied rights, and all rights in the Site, the Content and the Services not expressly granted by us to you are retained by Dermpedia Courses.
3. Content Submitted by You. When you upload, post or submit any content or materials to or for use on the Site or the Services (including but not limited to comments, messages, reviews, text, video, audio or photographs) (each, a “Submission”) you agree that we may (but have no obligation to) review, edit, modify, remove, publish, transmit, and/or display such Submission for any reason, at any time, without prior notice, at our sole discretion, and you waive any right you may have to review or approve any alteration or change of such material by us or prevent the alteration or change of such material in a manner not agreeable to you. You grant us a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, digital or other technologies) in any form or media now known or hereinafter developed, any Submission posted or made by you on or to the Site or the Services. You are solely responsible for the content of your Submissions.
4. Restrictions on Submissions. You agree that you will not upload or submit any content or material to the Site or the Services that infringes or violates any rights of any party. By posting or making any Submission, you warrant that you have permission for you to make this contribution and grant rights described herein. It is strictly prohibited to upload or submit any material that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that may violate the rights of others. You agree that you will not upload or submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site. You agree not to deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” We encourage active discussions and welcome heated debate, but personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Site or the Services. You may not impersonate another user by choosing a similar screen name. You must disclose conflicts of interest. You agree to report to us any potential violations of copyrights.
5. Registration. Most sections of the Site require you to register. As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else (including anyone at Dermpedia Courses. When you register you also must give us other registration information, all of which must be accurate. By submitting that information, you authorize us, our agents and others operating on our behalf to use and/or disclose such information in accordance with our Privacy Policy. It is your responsibility to inform us of any changes to that information. Each registration is for a single person only, and you may not permit any other person to use the Site or the Services under your name. If you believe there has been unauthorized use, you must notify us immediately. Similarly, you may not select or use the login credentials of another person with the intent to impersonate that person or use login credentials in which another person has rights. You are responsible for maintaining the confidentiality of your password, and for all usage or activity on your Dermpedia Courses account.
6. Fees and Payments. We reserve the right at any time to charge fees for access to all or any portions of the Site or the Services. You will not be charged for access to the Site or the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Site or the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Services. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges will be billed to and paid for by you. You will pay all applicable taxes relating to use of the Site or the Services through your account. If any payment due is not made by you, we may, at our sole discretion and without notice to you, suspend your access to and use of the Site and the Services, or terminate this Agreement and your access to and the use of the Site and the Services.
7. Transaction Processing. You acknowledge and agree that we may process payment for any amount that you owe us against any credit or debit card for which you give us details, and you accept the terms of use and privacy policy of our payment processing partner with respect to the processing of such payments. You will promptly review all charges processed by us, and promptly notify us if you have any questions, concerns or disputes. In no event may you raise questions, concerns or disputes after six (6) months from the date of the applicable transaction.
8. Your Responsibilities. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any part of the Site, the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or the Services for any purpose whatsoever.
9. Privacy. To protect your privacy and the privacy of others, you agree that you will not post or make any Submission that contains any personally identifiable health information of you or of anyone else, as doing so may violate the Health Insurance Portability and Accountability Act of 1996 and the Privacy Rule issued pursuant thereto (collectively, "HIPAA"). You are solely responsible for your compliance with HIPAA. You agree to report to us any potential violations of HIPPA involving the Site or any Content or Services.
10. Informational Use Only. The Site, the Content and the Services are for informational and educational purposes only. The Site, the Content and the Services are not intended to and do not constitute medical advice, are not intended to be used and should not be used for the treatment of specific patients, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
11. Links to other Websites. While using the Site or the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
12. Disclaimer. We created Dermpedia Courses to collect and disseminate the knowledge, science and experience of dermatology and dermatopathology. While we work hard to make that happen, we make no representations or warranties regarding the Site, the Content and/or the Services. In particular, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site or the Services by any user, information provider or any other person or entity. You release us from all liability in connection with your access and/or use of the Site, the Content and/or the Services. THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE CONTENT AND/OR THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE CONTENT AND/OR THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DO NOT WARRANT THAT THE SITE, THE CONTENT AND/OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SITE, THE CONTENT AND/OR THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE, THE CONTENT AND/OR THE SERVICES IS AT YOUR SOLE RISK.
13. Limitation of Liability. The Covered Parties (as defined below) will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site, the Content and/or the Services, (b) the unavailability or interruption of the Site, the Content and/or the Services (or any part thereof), (c) your use of the Site, the Content and/or the Services (regardless of whether you received any assistance from a Covered Party in using the Site, the Content and/or the Services), or (d) your use of any equipment in connection with the Site, the Content and/or the Services. “Covered Party” means (a) Dermatopathology Consultations LLC, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of us or our affiliates; and (b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Content or any of their affiliates. THE COVERED PARTIES WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE, THE CONTENT AND/OR THE SERVICES, OR THE USE OF OR INABIILITY TO USE THE SITE, THE CONTENT ANS/OR THE SERVICES, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED FOR ANY REASON, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT AND/OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO US FOR ACCESS TO THE SITE OR THE SERVICES IN THE MOST RECENT 12 MONTHS, OR (b) ONE HUNDRED DOLLARS ($100.00), AND YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT WILL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. No action arising under or in connection with these Terms of Use or your use of the Site or the Services, regardless of the form, may be brought by you more than six (6) months after the cause of action arose; actions brought thereafter are forever barred.
14. Termination. We reserve the right to terminate, suspend and/or deactivate your Dermpedia Courses account and your access to the Site and the Services immediately, without notice, for any reason, including without limitation if we believe in our sole judgment that you (or someone using your Credentials) have violated these Terms of Use, or other policies or terms posted on the Site or through the Services, or any applicable law, or that such action is necessary to protect our interests or the interests of another user or other third parties. We will not be liable to you or any third party for any termination, suspension or deactivation of your Dermpedia Courses account. If your Dermpedia Courses account is terminated for any reason, then these Terms of Use will continue to apply and be binding upon you in respect of your prior use of the Site and the Services (and any unauthorized further use of the Site or the Services). Rights and obligations which must survive to give effect to their terms shall survive any termination or expiration of these Terms of Use.
15. Indemnification. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to your violation of these Terms of Use or your violation of any rights of another. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
16. Changes to the Site or Services; New Services. We may from time to time add new features to the Site or the Services, substitute a new service for one of the existing Services, or discontinue or suspend all or part of the Site or one or more of the existing Services. Under no circumstances will we be liable for any suspension or discontinuation of the Site or any of the Services or any portion thereof, and the use of any new services will be governed by these Terms of Use.
17. Additional Terms. Some Services (including Paid Services) may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement these Terms of Use. If you choose to register for, access or use any such Services, you may be presented with such additional terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into these Terms of Use. Also, other provisions that govern your access to and use of the Site and/or the Services may be set forth in online descriptions of files, online notices following file selection, and individual documents retrieved from the Site, all of which are incorporated by reference into these Terms of Use. All references to the “Terms of Use” mean and include these Terms of Use, our Privacy Policy, our Terms and Conditions for Courses and any other supplemental terms and conditions that apply in connection with any courses, subscriptions or services that you purchase from us.
18. Changes to These Terms of Use. We may change these Terms of Use and the other documents that are referred to in these Terms of Use at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting will constitute your affirmative acknowledgement of the Terms of Use or other applicable document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable document, as amended. We encourage you to periodically review these Terms of Use. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.
19. Choice of Law; Arbitration Clause and Class Action Waiver. We hope that we can work out any disagreements you might have with us. But if there is a dispute that needs to be further resolved, that process will take place according to this section. The agreement represented by these Terms of Use (and any other documents incorporated into these Terms of Use) will be governed by Massachusetts law, without giving effect to its conflicts of law rules. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SITE OR THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
20. General.
(a) Your affirmative act of using the Site and/or the Services and/or creating a Dermpedia Courses account constitutes your electronic signature to the agreement represented by these Terms of Use, and your consent to enter into such agreement with us electronically.
(b) Our failure to enforce any provision of these Terms of Use will not constitute or be construed as a waiver of such provision or of the right to enforce it later. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms of Use.
(c) The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions.
(d) You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent.
(e) If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
(f) The headings of the sections of these Terms of Use are for convenience only and do not form a part of these Terms of Use.
(g) Use of the Site and the Services is void where prohibited by applicable law, and the right to access the Site and the Services is revoked in such jurisdictions.
(h) By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use.
(i) The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Site or the Services.
If you have a question or complaint regarding the Site or the Services, please contact us as follows: