DoctorDerm Terms of Use
Last Updated: January 30, 2025
These Terms of Use (“Terms”) govern your access to and use of DoctorDerm, its Services, and Products, including the website located at https://www.doctorderm.com/ (the “Site”). The Site, along with any materials, information, products, or services (“Services”) provided through the Site, is operated by or on behalf of Aucuria Inc., dba DoctorDerm (“Company,” “we,” “us,” or “our”). Services may also be provided by third-party vendors (“Third Parties”).
By accessing or using the Site, you agree to these Terms, which may be updated from time to time. If you do not agree to be bound by these Terms, do not access or use the Site or Services. We may revise these Terms at any time, and revisions take effect immediately upon posting unless otherwise stated. Please check the Site periodically for updates.
Acceptance of Terms
BY CLICKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE SITE OR SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO INDICATES ACCEPTANCE ON YOUR BEHALF.
ARBITRATION NOTICE
UNLESS YOU TIMELY OPT OUT, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL PROVIDERS ARISING OUT OF THESE TERMS OR THE SERVICE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND CLASS ACTION PARTICIPATION.
Medical Emergency Disclaimer
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
Your Relationship with Us
We provide Services that include access to prescription fulfillment by licensed pharmacies, including EHT Pharmacy LLC dba Curexa, and healthcare services by independent medical providers, including Beluga Health and MD Integrations. By using the Service, you acknowledge that:
- You are not establishing a doctor-patient relationship with DoctorDerm but may be doing so with a Medical Provider.
- DoctorDerm is not a healthcare provider and does not control the practice of medicine or mental health care by Medical Providers.
- Communications via the Service, such as messages or reports, are solely your responsibility to monitor and respond to.
Privacy Policy
Your use of the Service is subject to our Privacy Policy and California Privacy Notice, which govern our collection, use, and disclosure of personal and health information. You can review them at https://doctorderm.com/privacy and https://doctorderm.com/ccpa.
Not Medical Advice
The content on the Site is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.
WE ASSUME NO LIABILITY FOR DAMAGES ARISING FROM ANY RELIANCE ON INFORMATION PROVIDED THROUGH THE SITE OR SERVICES.
Services and Subscription Products
- DoctorDerm and affiliated Medical Providers are not enrolled in Medicare, Medicaid, or other government healthcare programs. Services are provided on a cash basis only.
- Some products and services are available via an automatically renewing subscription until you cancel. Charges occur at regular intervals as described at the time of purchase.
- To cancel, contact careteam@doctorderm.com or call 1-888-652-3631 at least two (2) days before renewal.
Use of Service
You must be 18 years or older to use the Service. If you are a parent or guardian using the Service for a minor, you accept full responsibility for compliance with these Terms.
User Conduct
By using the Site, you agree not to:
- Engage in unauthorized access, hacking, or interference with the Site.
- Upload malicious software, viruses, or harmful content.
- Misrepresent your identity or provide false information.
Violation of these provisions may result in termination of your access to the Site.
Intellectual Property
All content on the Site, including text, graphics, logos, and software, is owned by or licensed to DoctorDerm and protected under intellectual property laws. Unauthorized use is prohibited.
Electronic Communications
Email. By using the Site and prioviding your email, you consent to receive communications, including marketing messages.
SMS. By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from DoctorDerm. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, refill reminders, and billing notifications. Message frequency varies. Message and data rates may apply. Message HELP for help. Reply STOP to any message to opt out.
You acknowledge that email and SMS are not secure communication methods.
Disclaimer of Warranties
WE PROVIDE ACCESS TO DOCTORDERM.COM, APPS, AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES. WE DO NOT WARRANT DOCTORDERM.COM, THE APP, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT AVAILABLE THROUGH DOCTORDERM.COM, THE APP, AND SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHER MATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH DOCTORDERM.COM, THE APP, AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN DOCTORDERM.COM, THE APP, AND SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT DOCTORDERM.COM, THE APP, AND/OR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES, WORKS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS; WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON DOCTORDERM.COM, THE APP, AND/OR THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THE THIRD PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF DOCTORDERM.COM, THE APP, AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Other Limitations of Liability
WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF DOCTORDERM.COM, THE APP, AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE SITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE SITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE COMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR SERVICES, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
Binding Arbitration & Class Waiver
ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA). YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION LAWSUIT.
Governing Law & Severability
These Terms are governed by the laws of New York. If any part of these Terms is found unenforceable, the remaining provisions shall remain in effect.
Termination of Service
We reserve the right to suspend or terminate your access to the Site or Services at any time without notice for violations of these Terms.
Contact Information
For questions regarding these Terms, contact us at careteam@doctorderm.com.
DMCA Notice
In operating the Site, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Site. DOCTORDERM.COM has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of DOCTORDERM.COM or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via the Site or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is careteam@doctorderm.com.
This document is a legally binding agreement governing your use of DoctorDerm’s Site and Services. By using the Site, you acknowledge and accept these Terms.
