Please read these Terms of Service carefully to ensure that you understand each provision.
ARBITRATION NOTICE: These Terms of Service contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Agreeing to arbitration is an important decision, which you should carefully consider.
The Company is a global leader in molecular dermatology, and provides the Service to Users to provide educational information about the Company and dermatology testing and care more broadly. Certain areas of the Site are available to patients and physicians in connection with the dermatology testing and care provided by Company, including ordering of and payment for laboratory tests.
The COMPANY does not, through the Site or otherwise, directly or indirectly practice medicine, render medical advice, or provide professional medical services. Much of the information contained on the Site is presented for purposes of educating the public regarding cancer genomics and diagnostic testing, personalized cancer care, genomic research, and other general information concerning DermTech. Nothing contained on the Site is intended to constitute medical advice, instruction for medical diagnosis, or instruction for treatment. Any information provided to the public on the Site should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from the Site should not be relied upon for personal, medical, legal, technical, or financial decisions. Patients and healthcare consumers should not use the Service in place of the consultation or advice of a physician or other qualified healthcare provider; if you have any questions you should promptly consult a physician or other qualified health care provider. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY PHONE NUMBER OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.
The clinical information contained within the “For Physicians” section of our Site is intended solely for the use of healthcare professionals, who should exercise their own clinical judgment when using the Service. While the Company attempts to keep the information maintained “For Physicians” on the Site up to date, the Site should not be considered error-free or a comprehensive source of all information on any particular topic. Health care providers using the Service assume the entire risk of loss in using the Service.
This is a contract between you and Company. You must read and agree to these terms before using or accessing any of the Services. If you do not agree to any of these terms, you may not use the Service. You may use the Service only if you can form a binding contract with Company, and only in compliance with these Terms of Service and all applicable local, state, and federal laws, rules and regulations. Any use or access to the Service by anyone under the age of 18 is strictly prohibited and in violation of these Terms of Service. You may only use the Service in the United States. The Service is not available to any Users previously removed from the Service by Company. In addition to the forgoing, you represent and warrant that you will not use the Service outside of the United States.
Any use of the Service by a User that is not eligible under and according to these Terms of Service, is prohibited.
Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Organizations, companies, and/or businesses should not use the Service without express consent from Company. Users with individual commercial interests may not solicit or overtly promote their products or services within the Service. Representatives from life sciences and insurance companies are prohibited from creating accounts or registering for the Service on behalf of their employers, but may use the Service in their personal capacity. All content shared within the Site is not for external use. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.
Whether you register an account on the Service or use the Service without registering an account, you may access the Service and functionality that we may establish and maintain from time to time and in our sole discretion subject to these Terms of Service. We may maintain different types of accounts (“User Accounts”) for different types of Users. To access certain features or areas of the Service, you may be required to provide personal and/or demographic information as part of a registration or log-in process. If you connect to Company through a third-party service (such as a social media platform), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another Users’ User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date (this includes your contact information, so that we can reliably contact you). You are solely responsible for the activity that occurs on your User Account, and if you are required to provide a password for your User Account, you must keep it secure. You must notify Company immediately of any breach of security or unauthorized use of your User Account. Company will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Company your email address and other contact information, you consent to our using such contact information to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Such notices may be provided to you by email, or any other contact form you may provide us with (including your phone number for calls or text messages) and you agree to receive such notices. We may also use your email address or phone number to send you other messages, such as changes to features of the Service. If you do not want to receive such notifications, you may opt-out or change your preferences in your settings page or by selecting opt-out in a email received. Opting out may prevent you from receiving notification including notices regarding the Services, including updates, or improvements. You will not be able to opt-out from receiving service and payment connected notifications from the Company.
Changes to the Service
We may, without prior notice, change the Service, stop providing the Service or certain features of the Service to you or to Users generally, or create usage limits for the Service, where allowed by applicable law. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms of Service, or for no reason where allowed by applicable law. Upon termination of your access to the Service for any reason, you shall continue to be bound by these terms of Service as applicable.
The Service is controlled and operated from facilities in the United States, although data you provide when using the Services may be transferred to other jurisdictions. The Services are not available outside the United States. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Some areas of the Service may allow Users to submit, post, display, provide, or otherwise make available content such as contact information, comments, answers to questions, images, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Company’s (and its successors’ and affiliates’) as necessary to provide the Services to you.
Additionally, you acknowledge that the User Content you provide may be publicly available to other users. Please do not include information you wish to keep private in User Content. As a result, other Service users may have access to your User Content which they may copy, modify, distribute, or rely upon without your express permission. Further, you assume all risks associated with your sharing and using User Content, including reliance on the accuracy or completeness of the User Content and any risk that other users may be able to identify you based on the User Content that you provide.
Where the Company takes actions such that the User Content no longer contains individually identifiable health information, nor may be reasonably be used to identify you, alone or in combination with other information, the Company may use such User Content for any purpose, and you grant the Company a royalty-free, perpetual, irrevocable license to the same.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping;” (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy publically available materials from Company’s Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You agree not to post User Content or otherwise use the Service in a manner that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (as defined below) or rights of privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates any of these provisions. No content from the Service may be downloaded or otherwise exported in violation of United States law.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submitted Ideas, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
If you are the owner of a United States copyright and you believe that your work is used by the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows via e-mail at firstname.lastname@example.org
Links to Other Websites
The Site may contain hyperlinks or references to websites owned, operated, or controlled by other parties. Company does not endorse, warrant, or guarantee the products, services, or information described or offered on other parties’ websites and is not liable for any damages or injury arising from such content. Company does not control the content of other parties’ websites and provides these links as a convenience only. Accessing any other website is undertaken at your own risk, and Company is not responsible for the completeness, accuracy, or reliability of any information, data, opinions, advice or statements made on these websites.
Company may provide access to information, products, or services offered on websites owned or operated by other companies (“third-party websites”). We provide such access through the use of hyperlinks that move you out of the Company websites to the third-party website. Since we may not always know when information on a linked site changes, Company is not responsible for the content or accuracy of any third-party website. Company shall not be responsible for any loss or damage of any sort resulting from the use of a link on its websites nor will it be liable for any failure of products or services advertised or provided on these linked sites.
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings, including in accordance with applicable laws and regulations.
You can submit payments through the patient payment portal on the Site (“Payment Services”).
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Company. To the extent permitted by law (and unless specified otherwise by Company in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made by you.
As part of registering or submitting information for Payment Services, you also authorize Company (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider, and to make any inquiries Company or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.
If the credit card you supplied to us for Payment Services is declined, you may be required to supply a new form of payment to submit payment for our services.
If you are a physician or other health care provider, you accept responsibility for your patients as well as yourself in the use of this Service. Further, you represent and warrant that when using the Service you will comply with all applicable laws and regulations, including those governing the practice of medicine, government health care program participation, and the Health Insurance Portability and Accountability Act and its implementing regulations and other federal and state privacy and data security laws.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code due to your failure to keep the same confidential.
To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, to the extent permitted by law, Company, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms of Service gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms of Service will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content or information; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Company hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms of Service gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms of Service will not apply to the extent prohibited by applicable law
Benefit of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Service; or (ii) any third party site, products, services, and links included on or accessed through the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. These Terms of Service shall be governed by the laws of the State of California. Any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S. C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Diego, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Diego, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. Read this section carefully because it requires each of us to arbitrate our disputes and limits the manner in which you can seek relief from Company. For any dispute with Company, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS. Additionally, we each agree to use the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided below. Contact information and a description of JAMS’ arbitration process may be found at www.jamsadr.com. The arbitration will be conducted in San Diego, California, unless you and Company agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not relieve you of your obligation to engage in the arbitration process described in this Section. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This Section shall not be interpreted as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. You agree that this arbitration provision will survive the termination of your relationship with Company.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind.
Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement. Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms of Service from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Entire Agreement/Severability. These Terms of Service, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Contact. Please contact us at firstname.lastname@example.org with any questions regarding these Terms of Service.