Terms

1. YOUR ACCEPTANCE

Welcome to the Terms of Service for the Mole Check App application and the molecheckapp.com website. This is an agreement (“Agreement”) between DermCheck Dermatology, owned and operated by Mole Check App Inc., a Delaware Corporation, with business address located at 2825 Santa Monica Blvd, #303A, Santa Monica, CA, 90404, Mole Check App Inc., www.DermCheckApp.com (“Site”), any DermCheck Dermatology services (“Services” as defined below in section 2), and the DermCheck App Application (“Platform”) and you (“you”, “your” or “user(s)”), a user of the Site, Platform, or Service.

Throughout this Agreement, the words “DermCheck Dermatology,” “us,” “we,” and “our,” refer to our company, DermCheck Dermatology, Inc. and our Site, Platform, or any Services, as is appropriate in the context of the use of the words. Due to the length of this Agreement, we would like to highlight the most important provisions you are agreeing to, including the following:

  1. You agree to ARBITRATE any claims against us or any Health Counselors (defined below)
  2. You agree to waive your ability to participate in a CLASS ACTION proceeding
  3. You agree that any content or information provided by us or any Health Counselors is not medical advice or diagnosis but is only meant to be used for informationaland educational purposes only.
  4. You agree that your use of the Platform or Service does not create a patient-doctor relationship with either DermCheck Dermatology or any Health Counselors as defined by state or federal laws.
  5. Health Counselors are independent contractors and not employees of DermCheck Dermatology whose opinions and recommendations are not endorsed by and may not be representative of DermCheck Dermatology.
  6. You agree to indemnify us for your use of the Site, Platform, or Service.
  7. Our liability to you is limited as stated within the “Limitation of Liabilities” section of this Agreement.

By clicking “I agree”, registering for our Site or by downloading the Platform or using the Services you agree to be bound by this Agreement and the Privacy Policy. Before using our Service or Platform, you must fully read and agree to ALL portions of this Agreement. We may amend our Terms of Service or Privacy Policy and may notify you when we do so.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site, Platform, and Service immediately. Users of our Service must be 18 years of age or older.

2. DESCRIPTION OF SERVICE

The DermCheck Dermatology provides you a Platform to seek general information about your moles by submitting an inquiry to a Health Counselor (hereinafter "Health Counselor" as defined below). Users simply download the Platform, take a picture of a mole, and connect with a Health Counselor to receive information regarding the mole. Users understand and agree that the information provided by us or any Health Counselors is only for educational and informational purposes and is not meant as medical advice or a diagnosis of a medical condition or disease. No interactions within the Platform create a doctor-patient relationship as defined under US federal and state laws. DermCheck Dermatology is designed to support the health decisions and choices that you make for yourself. In the context of health and wellness, your decisions should always be made in conjunction with your attending physician or health care provider. You agree that you will not use DermCheck Dermatology as a substitute for health insurance, a primary care doctor, dermatologist or in-person health care interactions. You understand and agree that although general informational and educational information may be provided regarding your mole, this information is only for short term informational purposes until you see your dermatologist and receive a medical diagnosis or opinion in person.

3. SERVICE DISCLAIMERS

Always use common sense when making health decisions. DermCheck Dermatology cannot make decisions for you. Moles do change, and a mole that may appear normal now may not be normal few months from now. Pictures are not perfect and may not tell the full story. As such, they may lead to inaccurate, misleading or wrong erroneous information. Do not use DermCheck Dermatology or any content found within the Platform or Service to diagnose or treat a medical condition. See your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription. If you are experiencing a medical emergency or believe that you may have a medical issue related to a mole please contact your health care professional immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our Site, Service, or Platform.

DermCheck Dermatology does not provide medical opinions, care or advice and does not provide formal medical diagnosis, treatment or prescriptions. ALL INFORMATION PROVIDED ON DermCheck Dermatology OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY DermCheck Dermatology INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH HEALTH COUNSELORS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; DermCheck Dermatology IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY DermCheck Dermatology OR ANY HEALTH COUNSELOR IS SOLELY AT YOUR OWN RISK. DermCheck Dermatology DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION OR MEDICAL SERVICES OR MEDICAL OPINION OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF THE HEALTH COUNSELORS ON ITS PLATFORM.

4. HEALTH COUNSELORS

Health Counselors listed on the DermCheck Dermatology Platform are licensed medical professionals. However, the information provided by Health Counselors via the Platform is not be used as medical advice and is merely intended to be used for your general informational and educational purposes only. Any opinions, advice, or information expressed by any Health Counselor individuals are those of the individual and the individual alone and they do not reflect the opinions of DermCheck Dermatology. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the DermCheck Dermatology or by a Health Counselor. The inclusion of Health Counselors on the Site or Platform does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The relationship between Health Counselors and DermCheck Dermatology is that of independent contractors. Whenever we use the words "your physician," “your medical practitioner,” "your doctor," "healthcare provider" or similar words on DermCheck Dermatology, including this Agreement, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the state that you reside. Health Counselors on DermCheck Dermatology are not "your" doctor, physician, medical practitioner, healthcare provider or dermatologist. When you send picture to a Health Counselor, you understand and agree that you will not and do not form a doctor-patient relationship with that doctor. Further, you understand and agree that Health Counselors on DermCheck Dermatology are not your dermatologists and you agree not to use DermCheck Dermatology as a substitute for interactions with your dermatologist. You understand that neither DermCheck Dermatology nor any of the Health Counselors provide any personal diagnosis, treatment or prescriptions. Interactions on with Health Counselors do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. You agree that you are solely responsible for interactions with Health Counselors. To the extent permitted under applicable laws, you hereby release DermCheck Dermatology from any and all claims or liabilities related to any product or services of Health Counselors, any action or inaction by Health Counselors, including Health Counselors' failure to comply with applicable law and/or conduct or speech, whether online or offline. ANY INFORMATION PROVIDED BY HEALTH COUNSELORS IS PROVIDED ON AN "AS-IS" BASIS AND DermCheck Dermatology INC. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. DermCheck Dermatology INC. SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT HEALTH COUNSELORS ON DermCheck Dermatology. IN NO EVENT SHALL MOLE CHECK ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL (INCLUDING DEATH), PSYCHOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM ANY OPINIONS OR CONTENT RENDERED BY HEALTH COUNSELORS. The use of DermCheck Dermatology by any entity or individual to verify the credentials of Health Counselors is prohibited.

5. HEALTH COUNSELOR CONTENT

Health Counselors may be able to send you text, comments, or other content (“Health Counselor Content”) via the Platform and Service. The Health Counselor Content is not to be used as medical advice or diagnosis but for educational and informational purposes only. The Health Counselor Content provided by any Health Counselors represents the opinions and judgments of the respective information provider. DermCheck Dermatology neither endorses nor is responsible for the accuracy or reliability of any Health Counselor Content including any opinion, advice, or statement made on or through using the DermCheck Dermatology Platform. You agree that under no circumstances will DermCheck Dermatology be liable for any loss or damage caused by any Health Counselor’s Content or your reliance on such content. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, including any Health Counselor Content available through the DermCheck Dermatology Platform. If you have any questions regarding Health Counselor Content please contact your physician or healthcare provider.

6. SIGNING UP FOR THE DermCheck Dermatology

Users may be required to register before accessing the Site, Platform, or Service. Users may only sign up for themselves and must be over the age of 18. By using our Site, Service or Platform you represent and warrant that you have the right and capacity to enter into this Agreement and all information you have provided is truthful, accurate, and correct. Users are solely responsible for the safety of their account and their password. Your information will be collected and disclosed in accordance with our Privacy Policy. DermCheck Dermatology may allow you to sign up via using third party social network credentials. If you decide to sign up using those credentials we may collect any information you make available via such third party social network. If you wish to sign up as DermCheck Dermatology Health Counselor, you may be required to provide us with additional information so that we may verify your credentials. We reserve the right to reject any user or any Health Counselor from signing up to our Platform or Service for any reason and at any time.

7. USE OF DermCheck Dermatology

When using our Platform, Site, or Service, you are responsible for your use of DermCheck Dermatology, and for any use of DermCheck Dermatology made using your account. You agree not to access, copy, or otherwise use DermCheck Dermatology, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by DermCheck Dermatology. Additionally, you agree to abide by the following:

  1. You will not copy, distribute or disclose any part of the Site, Platform, or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  2. You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, Platform, or Service;
  3. You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or Platform to extract data;
  4. You will not use automated bots or other software to send more messages through our Service, Site, or Platform than humanly possible;
  5. You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. You will not collect or harvest any personally identifiable information, including account names, from the Platform, Site, or Service;
  7. You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site, Platform or Service;
  8. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  9. You agree that you will not hold DermCheck Dermatology responsible for your use of our Platform or Site;
  10. You agree not to violate any requirements, procedures, policies or regulations of networks connected to DermCheck Dermatology;
  11. You agree not to interfere with or disrupt the Site, Platform, or Service;
  12. You agree not to hack, spam or phish us or other users;
  13. You agree to provide truthful and accurate content;
  14. You agree to not violate any law or regulation and you solely are responsible for such violations;
  15. You will not use our Site or Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
  16. You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site or Platform, including the de-indexing or de-caching of any portion of our Site or Platform from a thirty party’s website, such as by requesting its removal from a search engine or app store; or
  17. You will not upload any content to our Site or Platform that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
  18. If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service, Site or Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but DermCheck Dermatology reserves the right to suspend or terminate any account at any time without notice or explanation.
8. OUR LICENSE GRANT TO YOU

After registering for our Site or Platform, we grant you a personal, non-exclusive, revocable, limited license to use our Service, access our Site or Platform. As a user, you do not receive any ownership interest in any portion of our Site, the Platform, or any of the associated Services; you merely receive the aforementioned license listed above. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.

Please be aware that you are responsible for your use of our Site, Service, and Platform. Additionally, you agree to abide by the following licensing restrictions listed below:

  1. You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Site or Platform or any portion of it.
  2. You may not share your license with any other parties.
  3. You may not violate any laws, rules or procedures of the United States.
  4. You may not access our Site, Platform, or Service except through specific channels provided by us.
  5. You may not use the Site, Platform, or Service on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
  6. You may not sell, lease, loan, distribute, transfer, or sublicense the Service or access to the Platform or derive income from the use or provision of the Service or Platform, unless enabled by functionality created by us.
  7. Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Site, Platform, and Service at our discretion. Additionally, we may revoke or restrict your access to our Service if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
9. YOUR CONTENT

Your ability to submit or transmit any information through the Site, Platform, and Service, including but not limited to text, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion.

When submitting any User Content to our Site and Platform you represent and warrant that you own all rights to the User Content have paid for or otherwise have permission to use any User Content submitted. When you submit any Content to us, you grant DermCheck Dermatology, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Service. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.

10. DATA RATES

You will be able to access the Site and Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.

11. SITE, PLATFORM AND SERVICE AVAILABILITY

Although we will try to provide continuous Site, Platform, and Service availability to you, we do not guarantee that the Site, Platform, or any Services will always be available, work, or be accessible at any particular time. We have no obligation to provide you access to the Site, Platform, or Service. You understand and acknowledge that due to circumstances both within and outside of the control of DermCheck Dermatology, access to the Platform may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. DermCheck Dermatology may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Site, Platform, or Service will work as stated, or that it will give you the desired results. You acknowledge that, although the Internet and mobile applications are often a secure environment, sometimes there are interruptions in service or events that are beyond the control of DermCheck Dermatology and that we shall not be responsible for any data lost while transmitting information on the Internet.

12. MODIFICATION OF SERVICE

We reserve the right to alter, modify, update, or remove our Site, the Service or Platform at any time. We may conduct such modifications to our Service for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

13. SITE AND PLATFORM DISCLAIMER

lease be aware that our Service and any information found within it are offered “as-is.” DermCheck Dermatology does not endorse and may not verify any of its users or any User Content or Health Counselor Content submitted by users found through the DermCheck Dermatology Site or Service. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Service. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from DermCheck Dermatology with respect to such actions or omissions.

14. INTELLECTUAL PROPERTY

The design of the DermCheck Dermatology Platform and Service along with DermCheck Dermatology Site, created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DermCheck Dermatology, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. DermCheck Dermatology reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

15. PAYMENTS AND CHARGEBACKS

In order to use the Service or speak with any Health Counselors, you may be required to submit your billing and payment information. Before connecting with any Health Counselors, user will be required to pay the amounts due as listed via the Site or Platform. You expressly authorize us to charge you for any amounts due using your payment information we on file. All payment information will be processed, stored, and secured by our third party payment processor Stripe.

Where a user conducts a chargeback against DermCheck Dermatology, such user shall be liable to DermCheck Dermatology for the full amount of the chargeback, as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and any other expenses occurred by DermCheck Dermatology in enforcing its rights against that user under this section. Additionally, should a credit card be declined for any reason including but not limited to expiry or insufficient credit, DermCheck Dermatology may pursue a claim against you for the unpaid amount and shall be entitled to be paid by you for the same costs, disbursements and other expenses as described in the above paragraph relating to chargebacks.

16. REFUNDS

As we provide you with a unique service, all paid services are non-refundable. If you believe that there has been an error in billing or you are entitled to a refund, please contact us at support@molecheckapp.com.

17. REPRESENTATIONS AND WARRANTIES

THE SITE, PLATFORM, AND SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, USER CONTENT, OR HEALTH COUNSELOR CONTENT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DermCheck Dermatology, INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE, PLATFORM, OR WEBSITE; (B) ANY USER CONTENT OR HEALTH COUNSELOR CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DermCheck Dermatology OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

DermCheck Dermatology DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. DermCheck Dermatology DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DermCheck Dermatology DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DermCheck Dermatology SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. DermCheck Dermatology DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH DermCheck Dermatology.

18. LIMITATION OF LIABILITY

YOU AGREE THAT THE DermCheck Dermatology PLATFORM IS MEANT FOR ONLY GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IN NO EVENT SHALL DermCheck Dermatology, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT (INCLUDING DEATH), PSYCHOLOGICAL,EMOTIONAL, INDIRECT, INCIDENTAL, FINANCIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF OUR CONTENT, USER CONTENT, OR HEALTHCARE CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, PLATFORM OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) YOUR INTERACTIONS WITH ANY HEALTH COUNSELOR OR ANY FAILURE OF ANY HEALTH COUNSELOR INFORMATION LISTED ON OUR SITE OR PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE , PLATFORM, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. YOUR ABILITY TO USE OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE REQUIRED, DermCheck Dermatology’S LIABILITY IN CONNECTION WITH YOUR USE OF THE DermCheck Dermatology PLATFORM, SITE OR SERVICE SHALL NOT EXCEED ONE-HUNDRED USD OR THE TOTAL AMOUNT PAID BY THE USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, WHICHEVER IS GREATER. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

19. RELEASE

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY USER CONTENT, HEALTH COUNSELOR CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR ANY SUCH THIRD PARTIES.

20. MONITORING

DermCheck Dermatology shall have the right, but not the obligation, to monitor any User Content of the DermCheck Dermatology Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by us. Without limiting the foregoing, DermCheck Dermatology shall have the right, but not the obligation, to remove any material that DermCheck Dermatology in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

21. PUBLIC AND PRIVATE FORUMS

You acknowledge and agree that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, other users may be able to view your communications without your knowledge. We do not control or endorse the content, messages or information found in any Community, specifically disclaim any liability concerning the Communities and any actions resulting from your participation, including any objectionable content. Generally, any communication which Users post to the DermCheck Dermatology Platform (whether in chat rooms, discussion groups, message boards or otherwise, except for the personal information related to the inquiries submitted to Health Counselors) is considered to be non-confidential. If particular portions of the Platform or Site permit the submission of communications that will be treated by DermCheck Dermatology as confidential, that fact will be stated on those pages.

22. INDEMNITY

You agree to defend, indemnify and hold harmless DermCheck Dermatology, its officers, directors, employees and agents, 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:

  1. your use of and access to the DermCheck Dermatology Site and Service;
  2. your interactions with Health Counselors;
  3. your violation of any term of these Terms of Service;
  4. your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that you have improperly used a third parties’ information.
  5. This defense and indemnification obligation will survive this Agreement and your use of the DermCheck Dermatology Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
23. COPYRIGHTS

We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

  1. Your name.
  2. The name of the party whose copyright has been infringed, if different from your name.
  3. The name and description of the work that is being infringed.
  4. The location on our website of the infringing copy.
  5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
  7. You must sign this notification and send it to our Copyright Agent: Copyright Agent of DermCheck Dermatology, support@molecheckapp.com.
24. AGE COMPLIANCE

DermCheck Dermatology and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Service and please do not submit any information to us.

25. ARBITRATION AND CLASS ACTION

By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, DermCheck Dermatology, Inc., or the Site, Platform, or Service arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Los Angeles, California, or at such other location as may be mutually agreed upon by you and DermCheck Dermatology, Inc.; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or DermCheck Dermatology Inc.’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor DermCheck Dermatology Inc. shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at https://www.adr.org.

26. FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

27. SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with DermCheck Dermatology are deemed to conflict with each other’s operation, you agree that DermCheck Dermatology shall have the sole right to elect which provision remains in force.

28. NON-WAIVER AND MISCELLANEOUS

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The section headings used herein are for convenience only and shall be of no legal force or effect.

29. TERMINATION

We may terminate your use and access to our Site, Platform, and Service if you have breached this Agreement, we determine in our sole discretion that your actions may harm DermCheck Dermatology, or for any other reason without notice. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason. Please be aware that if we terminate service, you must cease using our Site, Service, or Platform immediately. You may terminate this Agreement and your license by simply deleting the Platform or by notifying us in writing that you no longer wish to use the Platform, Site, or Service. Any outstanding payments due and owning by you must be paid in full before terminating this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

30. ASSIGNMENT

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

31. AMENDMENTS

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. In order to continue using our Site, Platform, or Service you will have to agree to these new amendments. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Site, Platform, or Service.

32. ELECTRONIC COMMUNICATIONS

The communications between you and DermCheck Dermatology use electronic means, whether you visit the Site or Service, via text or e-mails, or whether DermCheck Dermatology posts notices on the Site or Service or communications with you via e-mail or text. For contractual purposes, you (1) consent to receive communications from DermCheck Dermatology in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that DermCheck Dermatology provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

When you use the DermCheck Dermatology, you agree that DermCheck Dermatology may send you automatically via e-mail, text, or mobile telephone reminders that contain protected health information as defined under HIPPA. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure.

33. EXPORT CONTROLS

The Service and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

34. THIRD PARTY APP STORE REQUIREMENTS

This Agreement is entered solely into between you and DermCheck Dermatology Inc., owner and operator of DermCheck Dermatology Platform. Although our Platform may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the DermCheck Dermatology Application. DermCheck Dermatology Inc. is solely responsible for the DermCheck Dermatology and the content thereof as set forth hereunder. However, Google and Apple are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the Terms of this Agreement shall control.

35. THIRD PARTY WEBSITES AND LOCATION INFORMATION

You may be able to visit third party websites from our Site or Platform. DermCheck Dermatology does not endorse or otherwise represent that such third party sites will be error free or harmless. Location data provided by the DermCheck Dermatology Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage

36. CALIFORNIA USERS AND RESIDENTS

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about DermCheck Dermatology must be sent to our agent for notice to: support@molecheckapp.com

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.