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
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.
By using the Site in any way, you expressly agree to this limitation, waiver and exclusion of liability.
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. We do 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.
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.
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.
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.
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. Posted and Submitted Content
Top Dermatology users are encouraged to submit feedback regarding health care providers.. Users and medical providers are solely responsible for the information that you post..
Top Dermatology reserves the right to investigate and take legal action against those who violate this Agreement, including removing offending communications and terminating or blocking their use of our services.
By using our service in any way, you represent and warrant that you have the legal right to grant Top Dermatology full and irrevocable rights and worldwide license to use, display, copy, or distribute your posted information, including any translated, edited, adapted, incorporated, or derivative works therefrom. Your posted information may be combined with other Top Dermatology users’ information for the purposes of creating and maintaining a searchable database of health care industry information and reviews.
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 amount of fees that you paid in creating and maintaining your account or $100, whichever is greater. 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. Top Dermatology users living in California waive their rights under California Civil Code Section §1542.
13.1 Cancellation of Sponsored and Paid Listings
All fees for services are paid in advance and there are no refunds. Medical providers, dermatologists, doctors and other health care providers who opted and paid for a listing on the Site can cancel the Agreement at any time. However, users who want to cancel their account and subscription for a paid and sponsored listing must cancel at least 12 hours prior to the first day of the next month or will be charged subscription fees for that month. For example, if a user wants to cancel a subscription for the month of December, the last day to cancel (and not pay fees for the month of December) is the last day of November by 12:00 pm noon to allow for processing of the cancellation. If you cancel your subscription on December 1st, you will not be refunded subscription fees for the month of December but your subscription will not renew on January 1st.
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
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 pursuant to California law. Any dispute arising under this Agreement or related to your use of our website or services shall be resolved through binding arbitration pursuant to the rules for arbitration of consumer disputes set forth by the American Arbitration Association and will be governed by the Federal Arbitration Act. You agree to waive your right to participate in any class action or consolidated claims against Top Dermatology for actions covered under this Agreement.
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