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Terms of Service

Terms of service for dermAdvocate, subsidiary of goAdvocate

The short version: we won't share your information, period.  We will try to provide the best service possible.  You should behave and act for the common good.  Below is the long-winded legalize...

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
dermAdvocate is provided under the terms and conditions of the dermAdvocate Terms of Service (DTS) and any other policies posted here.   The DTS comprises the entire agreement between the Member and dermAdvocate and supersedes all prior agreements between the parties regarding the subject matter contained herein.  BY COMPLETING THE MEMBER REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE DTS.

2. DESCRIPTION OF SERVICE
dermAdvocate provides Member with various publishing and community services, including, but not limited to, the capability to post information to a web page and participate in web-based discussions.  All services are free of charge, but may have certain requirements.   Member must: (1) provide all equipment, including a computer and access necessary to establish a connection to the internet; (2) provide for their own access to the internet and pay  service fees associated with such access.

3. MODIFICATIONS TO TERMS OF SERVICE
dermAdvocate may change the terms and conditions of the DTS from time to time.  Major changes in the terms and conditions of the DTS will lead to notification by posting the changes in an obvious location on the site.  If you agree to be bound by the changes, continue with the service.  If you do not, you should terminate your use of the Service at that time.  Minor changes in the terms and conditions of the DTS will be posted here.

Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the DTS modifications; and (2) agreement by Member to abide and be bound by the DTS modifications.

4. MODIFICATIONS TO SERVICE
dermAdvocate reserves the right to modify or discontinue the Service with or without notice to Member.  dermAdvocate shall not be liable to Member or any third party should dermAdvocate exercise its DTS right to modify or discontinue Service to member.  Termination may result from Member abuse of privileges, lack of adherence to shared value system, posting of non-original, plaigarized, or copyright material, or similar.  goAdvocate may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with the terms and conditions of the DTS.

5. PRIVACY POLICY
All private information entered into dermAdvocate by Member is private to Member except to the extent that they opt to share that information with other dermAdvocate members and/or the public, through dermAdvocate or otherwise.

dermAdvocate policy is to respect Member privacy.  Therefore, dermAdvocate will not disclose to any third party Member's name or contact information.  dermAdvocate will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) protect and defend the rights or property of dermAdvocate; (2) act under exigent circumstances to protect the safety of members or the public; or (3) fix or debug problems within dermAdvocate software service.

6a. CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for non-collaborative, original content they publish through dermAdvocate or otherwise enter into dermAdvocate-related services.  Member agrees to not post copyright materials from other sources, unless given express written consent from those sources.  Members who post copyright materials from outside sources may have (1) that content removed; (2) their membership terminated.   Suspected infringements of copyrighted material posted to this site should lead to notification via contact us.

6b. CONTENT RESPONSIBILITY
Member acknowledges and agrees that dermAdvocate neither endorses the contents of any Member communication nor condones or assumes responsibility for threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from, or any crime facilitated thereby.  However, as stated previously, such acts may lead to termination of Member services, and are susceptible to laws of the State of Colorado, USA.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you will receive a password and an account.  You are responsible to maintain the confidentiality of your password and account.  Furthermore, you are responsible for any and all activities occurring under your account.  You may change your password at any time.  Additionally, you may close your account at any time.

Member agrees to immediately change their password in the event of unauthorized use of Member's account or other breach of security.

8. DISCLAIMER OF WARRANTIES
Member expressly agrees that use of the service is at member’s sole risk.  The service is provided as an "as is" and "as available" basis.

dermAdvocate expressly disclaims any warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

dermAdvocate makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor makes any warranty regarding results that may be obtained from the use of the service, or the accuracy or reliability of any information obtained through the service, or that defects in the software will be corrected.

Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at member’s own discretion and risk and that member will be solely responsible to any damage to member’s computer system or loss of data that results from the download of such material or data.

dermAdvocate makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by member from or through the service shall create any warranty not expressly made herein.  Medical information on dermAdvocate is to be used for educational purposes only.   Specifically, medical information should never be construed as a substitute for qualified professional medical evaluation. 

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9. LIMITATION OF LIABILITY
dermAdvocate shall not be liable for any consequential, direct, indirect, incidental, special or rare damages resulting from the use of, or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained, messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of member’s transmissions or data, including, but not limited to, damages for loss of profits, use, or other intangibles, even if dermAdvocate has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

10. NO RESALE OF THE SERVICE
Member agrees not to resell the Service, without the express written consent of dermAdvocate.

11. STORAGE AND OTHER LIMITATIONS
demAdvocate assumes no responsibility for the failure to store, or deletion of, any information entered into dermAdvocate.

12. MEMBER CONDUCT
Member is solely responsible for the contents of their transmissions through the Service.  Member's use of the Service is subject to applicable local, state, and national laws and regulations of the State of Colorado, USA.

Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes as defined by the laws of the State of Colorado, USA; and (3) not to interfere or disrupt networks connected to the Service.

dermAdvocate makes use of the Internet to send and receive information; therefore, Member's conduct is subject to Internet regulations, policies and procedures.  Specifically, Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to transmit through the Service any abusive, harassing, harmful, libelous, threatening, or unlawful material of any kind.  Member further agrees not to transmit any material that constitutes a criminal offense, gives rise to civil liability or otherwise violates applicable state or national laws.  dermAdvocate's  servers are based in Colorado, USA, and will comply with applicable laws.

Attempts to gain unauthorized access through any means is prohibited.  Member shall not interfere with another Member's use and enjoyment of the Service.  Prompt termination will result from the above actions.

13. INDEMNIFICATION
Member agrees to indemnify and hold dermAdvocate, parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of Member's use of the Service, the violation of this DTS by Member, infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
 
14. TERMINATION
Either Member or dermAdvocate may terminate the Service with or without cause at any time and effective immediately.  dermAdvocate shall not be liable to Member or any third party for termination of Service.

Should Member object to any terms and conditions of the DTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's sole recourse is to immediately discontinue use of the Service.  Upon termination of the Service, Member's right to use the Service and Software immediately ceases.  Member shall have no right and dermAdvocate will have no obligation thereafter to forward any unread or unsent messages, posts, or content to Member or any third party.  Profile posted by the former Member will be deleted, as may contents.

15. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail.  dermAdvocate may broadcast notices or messages through the Service to inform Member of changes to the DTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service.  Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser.  dermAdvocate assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that Content may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. 

18. LAWS
The DTS shall be governed by and construed in accordance with the laws of the state of Colorado, USA, excluding DTS conflict of law provisions.

Member and dermAdvocate agree to submit to the exclusive jurisdiction of the courts of the state of Colorado.  If any provision(s) of the DTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

goAdvocate’s failure to exercise or enforce any right or provision of the DTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by dermAdvocate in writing.


Member and dermAdvocate agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  The section titles in the DTS are solely used for the convenience of the parties and have no legal or contractual significance.


Click on the following for; Privacy brief, full privacy policy, privacy FAQs

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