Terms of Use

Top Dermatology, Inc. (hereinafter “Top Dermatology,” “our,” “we,” or “us”) and the operator of Top Dermatology.com (the “Site”) provides the following terms and conditions for your use as the User (the “User,” “you,” or “your”). As set forth below, these terms are binding and constitute an agreement (the “Agreement”) which govern your use of the Site, including all information accessed either directly or indirectly from the Site. This includes all information, doctor’s listings (free and paid for/sponsored), related websites, applications, services, blogs, advertising and mobile applications provided by Top Dermatology  (collectively, the “Services”). Doctor’s listings  have three levels of advertising and visibility. The most basic level of visibility is the free listing. Increased visibility comes with a paid listing. Maximum visibility is provided with a sponsored listing. The Terms of Use and Privacy Policy govern the use of the Services and the Agreement, whether or not you have created an account. The Privacy Policy is incorporated herein by reference.

You acknowledge that by using, accessing or browsing the Services or creating an account on the Site, that you agree to the terms of this agreement, including all the information practices disclosed in our Privacy Policy.

By accessing the Services or creating an account, you also agree to resolve ANY dispute with us or the Services, in the State of California. You also agree that any forthcoming dispute will be governed by California law. If you do not agree to the Terms of Use or Privacy Policy or any other component of the entire Agreement, you CANNOT use the Services. All Services are offered without any warranty, guaranty or representation and are offered “AS IS.”

Please note that by creating an account or using the Services in any manner whatsoever including on behalf of an individual, company or entity, you represent you are authorized by such individual, company or entity to accept all of the terms of this Agreement on their behalf.

1. Our Site

Any and all website users who accept the Terms of Use and Agreement can view portions of the Site without a Top Dermatology account. Only users who create a Top Dermatology account can gain access to the entire Site and benefit from all the Services we offer. Any information provided by you, the user of the Site, to us including personal information authorizes Top Dermatology to use and disclose said information as described in our Privacy Policy.

YOU acknowledge that while content may be provided by healthcare professionals, such content or the providing of such content does not in any way create a medical professional/patient or doctor/patient relationship. Further, YOU AGREE such content does not constitute an opinion, medical advice, diagnosis, prognosis, treatment or any other form of medical opinion. Top Dermatology does not guarantee the accuracy of any information posted on the Site. Further, Top Dermatology does not represent, warrant or guaranty the success of any treatment, doctor, healthcare professional, dermatologist or dermatology provider, including without limitation any and all information posted on the Site.

You expressly agree that your use of the Site constitutes an assumption of risk and your reliance on any and all Content or information on, connected to, or forthcoming from the Site is done so at your own risk. “Content” is defined as information, content, text, data, graphics, images, photographs, video, audio, suggestions, guidance, blogs, and other materials provided, made available or otherwise found through our Services and/or the Site, including, without limitation, Content provided in direct response to your questions or postings.

Top Dermatology does not make an implied or express representation, guarantee, or warranty regarding content related to insurance and benefit information, cost information, quality of work, or professional qualifications or expertise. Top Dermatology is not liable for any actions or decisions that you or another person makes in reliance on information found on our website. The information that we provide is not a recommendation or endorsement of any individual, entity, or service.

2. Top Dermatology Does Not Offer Medical Advice

Any information obtained from us regarding services, whether directly on the Site or indirectly via other methods can be utilized for payment, data collection and informational purposes. This includes, without limitation, information obtained from the entire Site, Top  Dermatology Social Channels, all Doctor’s Listings, emails and text messages from Top Dermatology, Top Dermatology blog, Top Dermatology advertising, and information from independent organizations, health care providers, and our partners, contractors, licensors, and advertisers.

It can also be utilized for tracking the activity to particular medical and dermatology providers and forwarded to both unsponsored and sponsored medical providers and dermatologists listed on the Site.  The content provided by Top Dermatology is not meant to replace or serve as a substitute for the advice and treatment of a licensed medical professional. If you have medical needs, concerns, or questions, you should seek the advice of a qualified medical provider as soon as possible. Our services should not be used in the event of a medical emergency. If you or another person experiences a medical emergency, you should immediately call 911 and a health care provider.

Any use or reliance on the content on our website, whether voluntary or involuntarily,  is done so at your own risk. Information posted, listed, stated, or available through Top Dermatology services is not intended and should not be considered as providing medical care, professional medical advice, or the practice of nursing, medicine, or dermatology. Top Dermatology does not endorse or recommend any health care providers, treatments, procedures, tests, or opinions that may appear on our Site. You should independently confirm the validity and accuracy of any content found on the Site through your health care provider, applicable medical associations, your state’s medical licensing authorities, medical boards, and other available sources. Each user and entity accessing or utilizing the Site for any purpose whatsoever without limitation is responsible for his reliance on the information and Services listed on the Site.  Further, each user and entity should take due diligence before scheduling any appointment or undergoing any service or treatment with any doctor, free or sponsored, on the Site.

3. Use of Top Dermatology Services Does Not Create a Doctor/Patient Relationship

The content on our Site does not replace or substitute health care delivered by a qualified medical provider in any way. The use of Top Dermatology services or its content does not establish a doctor/patient relationship. This includes, but is not limited to, Top Dermatology Doctor’s Listings, Top Dermatology social channels, Top Dermatology blog, Top Dermatology text or email communications, our “Find a Doctor” feature, or help that we may provide in assisting you in finding a medical provider.

All health care providers are urged to use our services ethically and responsibly; however, we cannot control or guarantee the actions or availability of a particular health care provider. Top Dermatology, its agents and employees are not liable for any injuries related to, arising from, or resulting from your use or reliance on our services or the Site. We are not liable for any injuries resulting from any cancelled or unfulfilled appointments. Further, we are not liable or responsible for any actions taken in reliance on information on the Site including scheduled services, treatment and surgery with any listed free or sponsored dermatology provider, medical provider, doctor or dermatologist.

4. Authorization and Acknowledgment Regarding Heath Care Provider Lists and Medical Provider Relationships

You acknowledge that the choice of health care provider is solely your responsibility. We do not verify or authenticate any credentials listed on the Site by any doctor, dermatologist or medical provider whether sponsored or unsponsored as a free listing. Top Dermatology reserves the right to exclude health care providers that it determines, in its discretion, have participated in unprofessional, unethical, or otherwise inappropriate conduct.

The sponsored medical providers listed on our Site market their services in exchange for a fee. Sponsored listings are paid listings and have two levels of visibility. For maximum visibility, doctors, dermatology providers, dermatologists and other users pay a sponsorship fee. There is also a sponsorship fee  for preferred visibility which provides more visibility than free listings but less than maximum visibility. Search results do depend on whether the account is a free listing or a sponsored listing. Top Dermatology provides lists and health care provider profiles in order to provide you with as many options as possible in choosing a medical professional appropriate for your situation. However, the order, ranking, position or frequency of appearance on the Site, whether free or sponsored, is not a representation or warranty of the Services or quality of Services offered by such providers and SHOULD NOT BE relied upon by users in selecting a doctor. Users have the ability to manually filter the results based on but not limited to the following: zip code, state-county-city search, insurance, health care specialty information, gender preference and more.

Top Dermatology does not endorse or recommend the services of any health care provider that are listed on the Site. We do not make any warranties or representations regarding any health care provider or the services that they provide. If you use our Services, the results, including lists and profile preview, may be determined by the criteria you select in your search.

Your search may include sponsored results. Wedo receive additional compensation in exchange for featuring a health care provider with preferred placement in search results. These health care providers provide Top Dermatology with additional fees in exchange for the sponsored results; however, we do not recommend or endorse any health care provider shown through sponsored results.

5. Top Dermatology Provides Educational and Informational Resources

The content and services provided by Top Dermatology are intended to serve as an educational and informational resource for both health care providers and consumers. Our editorial staff may, but are not obligated to review content prior to publication. Top Dermatology and others responsible for preparing and publishing the content on our website do not guarantee the completeness, accuracy, or timeliness of the information. We are not liable or responsible for omissions or errors in the content or any results arising from the use of the content.

5.1         Medical Provider Content:

Any information regarding health care providers, their practices, or their services is solely for general information purposes. The information may come from the provider, the provider's staff, or other sources that may not have been confirmed by the provider. Health care provider information may change or otherwise become inaccurate, incomplete, or out of date. We do not offer qualification certification or advice regarding any medical providers.

5.2         Services/Procedures:

The services, treatments, procedures, and medical providers marketed or discussed on the Site are not appropriate for all individuals and situations. This information is solely for informational purposes, and Top Dermatology does not make any expressed or implied claims regarding the appropriateness, safety, efficacy, or outcome of any service, treatment or procedure represented by participants using our service as sponsors or advertisers, including both free listings and paid listings.

5.3         Insurance-Related Content:

Any information regarding, but not limited to, insurance benefits or coverage is for convenience and general information only. The insurance information that we provide is based on personal information that you give us as well as information provided by the health care provider, including encounter data such as diagnosis and procedure codes. Insurance content comes from a clearinghouse managed by a third party or from the insurance carrier that you designate. Insurance coverage and benefit information are subject to change, so the information that you receive may not always be accurate, complete, and/or current.

You agree to provide us with complete and accurate personal information as it relates to your insurance coverage and to update and verify personal information regarding insurance coverage, including verifying personal information that we obtain by automated methods from your insurance card. Top Dermatology is not responsible for any out-of-date, incomplete, or inaccurate insurance-related content. You are solely responsible for updating and verifying the personal insurance-related information that you provide us.

5.4 Unclaimed Listings; Public-Records Data; Claiming or Removing a Listing:

Some provider listings on the Site are created from publicly available data sources, including the federal National Plan and Provider Enumeration System (NPPES/NPI Registry) and public datasets from the Centers for Medicare & Medicaid Services (CMS), before the provider has claimed the listing. Such “unclaimed” listings are provided “as is” and “as available,” have not been reviewed, verified, or confirmed by the named provider, and may be incomplete, out of date, or inaccurate. The issuance of an NPI does not validate a provider’s licensure or credentials, and the inclusion of a listing does not imply that the provider is licensed, board-certified, in good standing, accepting patients, or affiliated with, sponsored by, or endorsed by Top Dermatology. A provider may claim their listing at no cost to update it, or may request its removal, using the links on each profile or the “Contact Us” form; removal requests are honored at no cost. For more detail about our sources, see our Data Sources & Accuracy page.

6. How We Use Your Personal Information

The security of your personal information is one of our highest priorities.

The following outlines the type of personal information that we collect from you and how we may use that information.

To create a Top Dermatology account on the Site, we require that you provide certain basic personal information. Most if not all of this information is posted on the Site and can be accessed by all users visiting the Site. 

By providing your personal information, you authorize us, our employees, and those acting on our behalf to use or disclose the information according to the terms of our Privacy Policy. By using our services, you acknowledge and agree to the terms of our Privacy Policy. You also authorize Top Dermatology to use any information you provide in the “Contact Us” form.

7. Terms of Use

7.1 Security of Account Credentials

To create an Top Dermatology account, you are required to provide us with a valid email address. You will also have to create a password. This information is private and should not be shared with anyone. If you suspect that your account credentials have been compromised or stolen, you should immediately notify us by filling out the “Contact Us” form.

7.2 Your General Responsibilities

Although our services are free, you are solely responsible for any health care expenses. Health care providers will charge usual and customary fees for all services rendered. You are responsible for resolving any disputes arising from transactions with a health care provider with that provider.

You are solely responsible for your use of Top Dermatology services and the use of your credentials, including any use by individuals to whom you have provided your credentials. You agree to only use our website for lawful and non-commercial purposes. You agree that you will not use our website in any way that could overburden, disable, damage, or otherwise impair our networks or servers or prevent others from using our website or services. Hacking, password mining, or any unauthorized access of user accounts or our networks or computer system is strictly prohibited. You agree that you will not index or accumulate, whether directly or indirectly, any content or portion of our website or services for any reason. This includes, but is not limited to, insurance content, appointment availability, medical provider content, or price information.

You acknowledge that you have reviewed and agree to comply with the Agreement.

Top Dermatology reserves the right to implement technological measures or undertake legal recourse or action to enforce and prevent violations of our Terms of Use, Privacy Policy and the Agreement.

7.3 Responsibilities of Those in the Health Care or Medical Industry

Health care providers, entities, and individuals in medical or health-related industries, whether aTop Dermatology account holder or not agree to the following.

• You will not use our Services or the Site, either directly or indirectly, to access, view, or use information posted except for your own use as a patient or potential patient.
• You agree not to use our services or the information that we provide to engage in price fixing or coordination, restriction of the services or products being offered, or customer or market allocation.
• You will not use our services to engage in anti-competitive, unfair, or deceptive business practices. This includes, but is not limited to, behavior that violates, state or federal regulations as well as antitrust and consumer protection laws.

8. Changes to Our Services; Implementation of New Services; Additional Terms

8.1 Changes to Our Services; Implementation of New Services

Top Dermatology reserves the right to add new features to the Site and Services, to discontinue or suspend a service, or to substitute services. Top Dermatology is not liable for any change or amendment to this Agreement. Any new services or changes in services will fall under the terms and conditions of this Agreement.

8.2 Additional Terms

Some Top Dermatology services may be subject to additional terms, including guidelines, rules, and policies regarding the use of that service. Those terms supplement but do not replace this Agreement. By registering, accessing, or using those services, you acknowledge and agree to any additional terms, and those terms are hereby incorporated into this Agreement.

9. Outbound Links to Websites

Top Dermatology provides outbound links to other websites featuring various providersand services. These links do not constitute a recommendation or endorsement of the information, products, providers, or services represented and are intended solely for your convenience. You agree not to hold Top Dermatology liable for the information, products, providers, or services on these websites. The information contained on external websites may change, and we are not liable for any unlawful, objectionable, or inaccurate information on these sites. We also are not liable for the decency, legality, or accuracy of information accessed through external websites.

10. User Content, Reviews, and Feedback

The Services allow users and health care providers to submit reviews, ratings, comments, feedback, profile information, images, and other materials (collectively, “User Content”). You are solely responsible for your User Content and for ensuring you have all rights necessary to submit it. User Content does not reflect the views of Top Dermatology, and we do not endorse, and are not responsible or liable for, any User Content.

10.1 License You Grant to Us

By submitting User Content, you grant Top Dermatology a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, publish, publicly display and perform, and distribute your User Content, in any media now known or later developed, for the purposes of operating, providing, improving, and promoting the Services and our business, including incorporating User Content into a searchable database of health-care information and reviews. This license continues even if you stop using the Services, with respect to User Content you submitted, and to the extent your User Content has been shared with or relied upon by others or retained in backups. To the extent permitted by law, you waive any moral rights in your User Content. If you submit any name, voice, photograph, likeness, or testimonial, you consent to our use of it in connection with the Services.

10.2 Reviews and Authenticity

• You may submit a review only if you have genuine, first-hand experience with the provider or subject of the review, and your review must be honest and not misleading.
• You may not submit fake, incentivized-but-undisclosed, paid, or fraudulent reviews; you may not submit reviews on behalf of, or at the direction of, a provider about their own practice or a competitor; and you may not manipulate ratings.
• You may not include in any User Content: protected health information of any other person; another person’s private, medical, or personal information without authorization; defamatory, harassing, obscene, hateful, or unlawful content; or content that infringes any third party’s intellectual-property or privacy rights.
• Do not post your own protected health information; the Services are not a secure channel for medical information and we are not a HIPAA covered entity or business associate with respect to User Content.

10.3 Moderation; Right to Remove

We may, but are not obligated to, monitor, screen, edit, refuse, or remove any User Content at our sole discretion, with or without notice, including content we believe violates this Agreement or applicable law. Consistent with the federal Consumer Review Fairness Act, we do not prohibit or penalize honest consumer reviews; however, we may remove content that violates these standards. We may investigate and pursue legal remedies, and remove offending content and terminate or block offending users.

10.4 No Obligation; Interactive Computer Service

Top Dermatology is a provider of an interactive computer service under 47 U.S.C. § 230 and is not the publisher or speaker of User Content provided by others. We are not responsible or liable for any User Content, and any decision to screen, edit, restrict, or remove User Content does not make us the publisher of, or responsible for, any User Content.

10.5 Feedback

If you send us suggestions, ideas, or other feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback for any purpose without restriction, attribution, or compensation. Feedback is not confidential.

11. Use of Top Dermatology Content

All content provided by Top Dermatology is the sole property of Top Dermatology, Inc. . All content is protected by trademark, copyright, patent, proprietary, and trade laws and international treaties. The software and technology used with our service contain proprietary information belonging to Top Dermatology. Your use of our services does not constitute a transfer of intellectual property rights. Any information downloaded, printed, or stored from our website can only be used for your own convenience and cannot be used or exploited for commercial or financial gain. Top Dermatology retains all rights not expressly granted to you herein.

12. Disclaimer and Waiver of Liability

Top Dermatology has no control, responsibility, or fiduciary duty to take action in regards to the content that you access, which users have access to our website or services, your interpretation or use of the content, how the content may affect you, or the consequences of any actions that you may take as the result of viewing our content. Top Dermatology is released from any and all liability related to your use or reliance on our content, Services and the entire “Site”. Top Dermatology makes no representations or warranties, express or implied, regarding the information, treatments or services mentioned or purchased through our Site. All services provided by Top Dermatology are “as available” and “as is.” We disclaim all statutory warranties, to the maximum extent allowed by law, related to the information, services, or products available on our website or through our services.

Top Dermatology makes no warranties or guarantees regarding the reliability, security, or operation of our software, information systems, or any functions available through our services. We do not warrant that our website will be free from bugs, defects, viruses, malware, or other harmful items that may result in operational errors or the loss of data.

13. Limitation of Liability and Available Remedies

Your remedy for disputes with Top Dermatology is limited to account cancellation. Under no circumstances shall Top Dermatology’s cumulative liability regarding claims related to your use of our services or website exceed the lesser of (a) the total fees, if any, you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100). Top Dermatology is not liable for special, indirect, exemplary, consequential, or incidental damages arising from your use or inability to use our website or services. This includes, but is not limited to, claims related to medical damages or negligence of medical providers utilized through our website or services. In jurisdictions where incidental and consequential damages cannot be limited or excluded, our liability will be limited to the maximum amount allowed by the applicable law.

13.1 Paid and Sponsored Listings; Automatic Renewal; Cancellation

AUTOMATIC RENEWAL / RECURRING BILLING NOTICE: Paid listings and sponsored listings are sold as automatically renewing monthly subscriptions. By purchasing a paid or sponsored listing and providing a payment method, you expressly authorize Top Dermatology and its third-party payment processor to charge that payment method the then-current subscription fee, on a recurring monthly basis, automatically and without further authorization from you, until you cancel. Your subscription will automatically renew at the end of each monthly term for a successive monthly term at the then-current rate, unless and until you cancel as described below.

• Billing frequency and amount: You will be charged the subscription fee for your selected listing tier (preferred or maximum visibility) once per month, in advance, on a recurring basis. The amount, billing interval (monthly), and applicable taxes are presented to you at the point of purchase before you submit your order.
• Affirmative consent: Before you are charged, the automatic-renewal terms are presented in a clear and conspicuous manner, and you must affirmatively agree to them to complete your purchase.
• Price changes: We may change subscription fees from time to time. We will provide you with notice of any fee increase before it takes effect, consistent with applicable law, and the new fee will apply to renewals occurring after the notice period. Your continued subscription after the effective date constitutes acceptance of the new fee; if you do not agree, you must cancel before the increase takes effect.
• How to cancel — easy online cancellation: You may cancel your paid or sponsored listing subscription at any time, by the same medium you used to enroll, through your account dashboard (Account → Billing → Cancel Subscription), or by contacting us through the “Contact Us” form or at privacy@topdermatology.com. Online cancellation does not require you to speak with a representative or take any step more burdensome than the steps used to subscribe.
• Cancellation timing and effect: To avoid being charged for the upcoming month, you must cancel at least twelve (12) hours before the first day of the next calendar month. For example, to avoid the December charge, cancel by 12:00 p.m. (noon) Pacific Time on the last day of November to allow time for processing. A timely cancellation stops future renewals; your listing remains active through the end of the then-current paid month and will not renew thereafter.
• Refunds: Fees are paid in advance and, except where a refund is required by applicable law, all fees are non-refundable and we do not provide refunds or credits for partial months, downgrades, or unused periods. California subscribers and others may have additional rights under applicable automatic-renewal laws, including the right to a refund where a recurring charge is made without the disclosures and consent required by law; nothing in this section limits any non-waivable statutory right.
• Free listings: Free listings are not subscriptions and are not charged; this Section 13.1 applies only to paid and sponsored listings.

This Section is intended to comply with the California Automatic Renewal Law (California Business & Professions Code § 17600 et seq.), the federal Restore Online Shoppers’ Confidence Act (ROSCA), and other applicable automatic-renewal and recurring-billing laws.

13.2 Release and Waiver of California Civil Code Section 1542

To the fullest extent permitted by law, you release Top Dermatology, Inc. and its directors, officers, employees, contractors, agents, licensors, and affiliates from all claims, demands, damages, and liabilities of every kind, known and unknown, arising out of or in any way connected with your use of the Services or the Site, including disputes between you and any health care provider or other user. If you are a California resident, you knowingly and expressly waive the protections of California Civil Code Section 1542, which reads:

“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.”

You understand that you are releasing claims that you may not know or suspect to exist at the time of this release, and that this release is intended to extend to all such claims. You also waive any comparable statute, rule, or common-law principle of any other jurisdiction. Some jurisdictions do not allow certain limitations of liability or releases; nothing in this Agreement limits any right or remedy that may not lawfully be limited or waived.

14. Termination of Service

We reserve the right to suspend, deactivate, or terminate your account without notice if you or someone using your credentials violates this Agreement or any of the posted terms, policies, or conditions of our website or services. Your account may be suspended, deactivated, or terminated at our discretion for any reason, including inactivity. You agree that Top Dermatology is not liable to you or a third party in the event of an account suspension, deactivation, or termination. You agree that you will not attempt to use the Top Dermatology website or service in the event that your account is suspended, deactivated, or terminated. You may be allowed to establish another account if the deactivation was solely because of inactivity.

15. Hold Harmless Agreement

You agree to indemnify, defend, and hold Top Dermatology, Inc., its directors, officers, employees, contractors, agents, and affiliates harmless from claims, liabilities, and expenses related to or arising from any violation of this Agreement or your use of our website or services. The obligation to indemnify and hold harmless extends to intentional misconduct or gross negligence.

16. Miscellaneous Provisions

16.1 Copyright Dispute; Electronic Signature

Your act of creating an account and using the Top Dermatology website or Services is your acceptance of the Terms of Use, Privacy Policy and Agreement.

16.2 Modifications to Terms of Use

Top Dermatology reserves the right to change our Terms of Use and any other part of this Agreement at our discretion. We will post amended terms on our website and may notify you by other means as necessary. Your continued use of our website and services constitutes your acknowledgment and agreement to abide by the amended terms. If you choose not to accept the terms and modifications, you must stop using our website and services.

16.3 Claim Limitations

Any claim or cause of action under this Agreement must be brought no more than one (1) year after the cause of action arose, or it will be forever barred.

16.4 Applicable Law; Arbitration and Waiver of Class Action Clauses

This Agreement and all of its provisions will be interpreted and enforced under the laws of the State of California, without regard to its conflict-of-laws rules, and, where applicable, the Federal Arbitration Act. Dispute resolution, including a binding individual arbitration requirement, a class-action waiver, and a 30-day opt-out right, is governed by Section 22 (Arbitration; Class-Action Waiver; Opt-Out), which is incorporated here by reference. If you validly opt out of arbitration under Section 22.6, then any Dispute will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and Top Dermatology consent to the personal jurisdiction of those courts.

16.5 Entire Agreement

This Agreement along with all supplemental policies, conditions, rules, guidelines, and terms incorporated by reference constitutes the entirety of the agreement between you and Top Dermatology and replaces any previous oral or written agreements. Any unenforceable provisions shall be construed in accordance with applicable law to reflect the original intentions of both parties as closely as possible. Top Dermatology’s failure to enforce a provision or right under this Agreement is not a waiver of that provision or right. The failure of a party to this Agreement to exercise a specific right is not a waiver of other rights outlined herein.

16.6 Section Headings

The section headings in this Agreement are for convenience purposes only and do not constitute a part of this Agreement.

16.7 Assignment of this Agreement

Top Dermatology reserves the right, without limitation, to assign this Agreement. Any attempt by you to assign or sublicense this Agreement shall be deemed null and void.

16.8 Eligibility Restrictions

You must be at least 18 years of age or the legal age to enter into a contract in your jurisdiction in order to create an account or use Top Dermatology’s services and website. Individuals between 13 and 18 years of age may use Top Dermatology services and Site under the supervision of a parent or guardian who agrees to our Terms of Use. Minors under the age of 13 are not allowed to use our website or services. Adults using our website or services on behalf of a minor warrant and represent that they are the parent or guardian of said minor. The right to use Top Dermatology’s services or website is revoked in jurisdictions where prohibited by law. Top Dermatology’s website and services are administered in the U.S. and intended for users in the United States. Users who use our website and services outside the U.S. do so at their own risk. All users are expected to comply with all local, state, and federal laws while using our website and services.

17. Copyright Policy; DMCA Notice and Takedown

Top Dermatology respects the intellectual-property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).

17.1 Notice of Claimed Infringement

If you believe that material on the Site infringes your copyright, please send a written notice to our Designated Copyright Agent (below) that includes:

• A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing and information reasonably sufficient to let us locate it (e.g., the URL);
• Your name, mailing address, telephone number, and email address;
• A statement 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, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

17.2 Designated Copyright Agent

Notices of claimed copyright infringement should be sent to our Designated Agent:

• Copyright Agent, Top Dermatology, Inc.
• Top Dermatology, Inc.
• P.O. Box 5041
• Beverly Hills, CA 90209
• Email: privacy@topdermatology.com

Our Designated Agent is also registered with the U.S. Copyright Office. Only DMCA notices should go to the Designated Agent; other inquiries will not receive a response through this channel.

17.3 Counter-Notification

If your material was removed and you believe it was removed in error or misidentification, you may send a counter-notification to the Designated Agent that includes your signature; identification of the removed material and its prior location; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your name, address, and phone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the U.S., any district in which we may be found) and that you will accept service of process from the person who gave the original notice.

17.4 Repeat-Infringer Policy

In appropriate circumstances and at our discretion, we will disable, suspend, or terminate the accounts of users who are determined to be repeat infringers.

18. Acceptable Use

You agree that you will not, and will not permit any third party or use any automated means to, do any of the following:

• Access, scrape, harvest, crawl, index, frame, mirror, or copy any portion of the Site, Services, listings, reviews, insurance content, pricing, appointment availability, or provider data, whether directly or indirectly, except as expressly permitted in writing;
• Use any robot, spider, data-mining, or extraction tool, or otherwise systematically retrieve content to build or populate a database or directory;
• Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measure, rate limit, or access control;
• Access accounts, data, networks, or systems without authorization, or attempt to do so;
• Reverse engineer, decompile, or disassemble any part of the Services, except where such restriction is prohibited by law;
• Introduce any virus, malware, or other harmful code, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with the proper working of the Services;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Submit false, deceptive, or fraudulent listings, reviews, or information, or engage in price fixing, market allocation, or other anti-competitive conduct;
• Use the Services for any unlawful purpose, in violation of any applicable law, or in violation of the rights of any third party; or
• Use the Services to send unsolicited communications, advertising, or spam, or to collect other users’ information for such purposes.

We may investigate and take any legal or technical action we deem appropriate, including reporting suspected unlawful activity to law-enforcement authorities, for any violation of this Section.

19. Privacy; Your Privacy Choices

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you acknowledge and agree to the Privacy Policy. If you are a California or other U.S. resident with privacy rights, our Privacy Policy describes how to exercise them, including how we honor opt-out preference signals such as the Global Privacy Control (GPC) where required by law. In the event of a conflict between this Agreement and the Privacy Policy regarding the handling of personal information, the Privacy Policy controls.

20. Electronic Communications; E-SIGN Consent; Notices

20.1 Consent to Electronic Communications

You consent to receive communications from us electronically, including by email, by posting on the Site, or through your account. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, consistent with the federal E-SIGN Act and comparable state laws. You may withdraw this consent by closing your account, but doing so may prevent you from using certain Services.

20.2 Text Messages (Conditional)

If you provide a mobile number and opt in, you consent to receive text (SMS) messages from us at that number, which may be sent using an automatic telephone dialing system, for purposes such as account, transactional, and (where you have agreed) marketing messages. Consent to marketing texts is not a condition of any purchase. Message and data rates may apply; message frequency varies. You may opt out at any time by replying STOP, and reply HELP for help. This Section is intended to operate consistently with the Telephone Consumer Protection Act (TCPA) and applicable law.

20.3 Notices

We may provide notices to you by email to the address associated with your account, by posting on the Site, or by other reasonable means. You may provide notices to us through the “Contact Us” form or at privacy@topdermatology.com / P.O. Box 5041, Beverly Hills, CA 90209. Notices are deemed given when sent (for email/posting) or when received (for mail).

21. Accessibility

Top Dermatology is committed to making the Site accessible to people with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and to maintain an inclusive experience for all users. Accessibility is an ongoing effort, and we welcome feedback. If you encounter any difficulty accessing any part of the Site, or need content provided in an alternative format, please contact us through the “Contact Us” form or at privacy@topdermatology.com, and we will work to provide the information or assistance you need. Please include the web address (URL) of the page and a description of the issue.

22. Arbitration; Class-Action Waiver; Opt-Out

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND TOP DERMATOLOGY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS, EXCEPT AS DESCRIBED BELOW. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 22.6.

22.1 Agreement to Arbitrate

You and Top Dermatology agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Site or Services (a “Dispute”) will be resolved by binding individual arbitration, except as expressly provided below. This Agreement and this Section evidence a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section.

22.2 Delegation

The arbitrator, and not any court, has exclusive authority to resolve all threshold issues, including the arbitrability, validity, scope, enforceability, or formation of this Agreement to arbitrate, except that a court of competent jurisdiction shall decide the enforceability of the class-action waiver in Section 22.5.

22.3 Informal Resolution

Before initiating arbitration, the party raising a Dispute must first send a written notice describing the Dispute and the relief sought to the other party (to us, at privacy@topdermatology.com). The parties will attempt in good faith to resolve the Dispute for sixty (60) days. This informal-resolution process is a condition precedent to commencing arbitration.

22.4 Rules; Venue; Costs

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by this Agreement. The arbitration will be held in the county of your residence, or by telephone or videoconference, or by document submission where permitted; for claims where an in-person hearing is held, venue lies in Los Angeles County, California, unless applicable law requires otherwise. Payment of filing, administration, and arbitrator fees is governed by the AAA rules; we will pay or reimburse fees to the extent required by those rules or applicable law, and the arbitrator may award fees and costs as permitted by law. The arbitrator may award any individual relief a court could award and must follow this Agreement.

22.5 Class-Action and Representative-Action Waiver

You and Top Dermatology agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in court, while all other claims proceed in arbitration.

22.6 30-Day Right to Opt Out

You may opt out of this Section 22 (Arbitration) within thirty (30) days after you first accept this Agreement by sending written notice of your decision to opt out to privacy@topdermatology.com, including your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Top Dermatology will be required to arbitrate, and the governing-law and venue terms in Section 16.4 / 25 will apply to Disputes. Opting out of arbitration has no effect on any other agreement you may have with us.

22.7 Small-Claims Carve-Out; Injunctive Relief

Either party may bring an individual claim in small-claims court if it qualifies and remains in that court. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property or proprietary rights pending arbitration. Nothing in this Section prevents you from raising a Dispute with any government agency, including any non-waivable right to do so.

22.8 Mass and Coordinated Arbitration (Batching)

If twenty-five (25) or more similar Dispute notices are submitted by or with the assistance or coordination of the same or coordinated counsel or organizations, the parties agree these are “Coordinated Cases” and will be administered in sequential or staged batches of up to fifty (50) cases at a time (or such number as the parties agree), with a single set of arbitrator-fee obligations per batch, and with bellwether procedures to promote efficient resolution. The applicable statute of limitations and any filing-fee deadlines are tolled for Coordinated Cases not yet assigned to a batch. The parties intend this Section to allow the orderly, fair, and cost-effective resolution of large numbers of similar claims, and a court of competent jurisdiction has authority to enforce it.

22.9 Survival; Severability

This Section 22 survives termination of this Agreement and your relationship with Top Dermatology. If any portion of this Section (other than the class-action waiver, which is governed by Section 22.5) is found unenforceable, the remainder will be given full effect.

23. Force Majeure

Top Dermatology is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, denial-of-service or other attacks, or failures of third-party providers, hosting, or telecommunications.

24. “As Available”; Beta Features

The Services are provided on an “as is” and “as available” basis. We do not guarantee that the Services will be uninterrupted, secure, error-free, or available at any particular time or location. From time to time we may offer features identified as beta, preview, pilot, or evaluation (“Beta Features”), which are provided without any warranty and may be modified or discontinued at any time. Your use of Beta Features is at your own risk.

25. General Provisions

25.1 Order of Precedence

In the event of a conflict, the following order of precedence applies: (1) any additional terms applicable to a specific Service or purchase (including the automatic-renewal terms in Section 13.1); (2) this Agreement (Terms of Use); and (3) the Privacy Policy (except that the Privacy Policy controls on matters of personal-information handling, as stated in Section 19).

25.2 Severability and No Waiver

If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that or any other right or provision, and any waiver must be in writing to be effective.

25.3 Survival

Provisions that by their nature should survive termination will survive, including Sections 10 (User Content), 11 (Intellectual Property), 12–13 (Disclaimers and Limitation of Liability), 15 (Indemnification), 17 (Copyright), 22 (Arbitration), and this Section 25.

25.4 Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights, except that our directors, officers, employees, contractors, agents, licensors, and affiliates are intended beneficiaries of the disclaimer, limitation-of-liability, release, and indemnification provisions.

25.5 Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent; any attempted assignment in violation of this Section is void. We may assign this Agreement, in whole or in part, without restriction.

25.6 Export and Sanctions Compliance

You represent that you are not located in, and are not a national or resident of, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable U.S. export-control and economic-sanctions laws in connection with your use of the Services.

25.7 Governing Language

This Agreement is drafted in English. Any translation is provided for convenience only; in the event of any conflict, the English-language version controls.

25.8 Contact

Questions about this Agreement may be directed to Top Dermatology, Inc. through the “Contact Us” form or at privacy@topdermatology.com / P.O. Box 5041, Beverly Hills, CA 90209.