Terms and Conditions
Agreement between User and DermDigest LLC
Welcome to DermDigest LLC. The hmd.com.co website (the “Site”/service) comprised of various
web pages and our other services like newsletters, store, podcasts, social media pages are
operated by DermDigest LLC (“DermDigest”). DermDigest LLC services are offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of DermDigest LLC services constitutes your agreement
to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
DermDigest LLC is primarily a medical News and Information Media Company.
DermDigest is a medical media company with the goal of informing and educating people on current
and pertinent medical issues in our drive for a healthier world.
Privacy
Your use of DermDigest LLC services is subject to DermDigest’s Privacy Policy. Please review our
Privacy Policy, which also governs our services and informs users of our data collection practices.
Electronic Communications
Receiving DermDigestservices or visiting hmd.com.co. site or sending emails to DermDigest
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site or through our other services, satisfy any legal requirement
that such communications be in writing.
Children Under Thirteen
DermDigest does not knowingly collect, either online or offline, personal information from persons
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under the age of thirteen. If you are under 18, you may use DermDigestservices only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
DermDigest services may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of DermDigest and DermDigest is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. DermDigest is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by DermDigest of the site or any association with its
operators.
Certain services made available via DermDigest services are delivered by third party sites and
organizations. By using any product, service or functionality originating from the hmd.com.co
domain or DermDigest, you hereby acknowledge and consent that DermDigest may share such
information and data with any third party with whom DermDigest has a contractual relationship to
provide the requested product, service or functionality on behalf of hmd.com.co users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
DermDigest.org strictly in accordance with these terms of use. As a condition of your use of
our services, you warrant to DermDigest that you will not use our services for any purpose that is
unlawful or prohibited by these Terms. You may not use our services in any manner which could
damage, disable, overburden, or impair our services or interfere with any other party’s use and
enjoyment of our services. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through our services.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used through our services, is the property of DermDigest or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found through our
services. DermDigest content is not for resale. Your use of the our services does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of DermDigest and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of DermDigest or our licensors except as expressly authorized by these
Terms.
Third Party Accounts
You will be able to connect your DermDigest account to third party accounts. By connecting your
DermDigest account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by DermDigest from our offices within the
USA. If you access the our Services from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the DermDigest Content accessed
through DermDigest services in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless DermDigest, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. DermDigest
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
DermDigest in asserting any available defenses.
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Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and DermDigest agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH OUR SERVICES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DermDigest LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN OUR SERVICES AT ANY TIME.
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DermDigest LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DermDigest LLC
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DERMDIGEST LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF OUR SERVICES, WITH THE
DELAY OR INABILITY TO USE OUR SERVICES OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE
OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF DERMDIGEST LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR
SERVICES.
Termination/Access Restriction
DermDigest reserves the right, in its sole discretion, to terminate your access to our services and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Tennessee and you
hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising
out of or relating to the use of our services. Use of our services is unauthorized in any jurisdiction
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that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and DermDigest as a result of this agreement or use of our services. DermDigest’s performance
of this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of DermDigest’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of our services or information provided
to or gathered by DermDigest with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and DermDigest with respect to our services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
DermDigest with respect to our services. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
DermDigest reserves the right, in its sole discretion, to change the Terms under which DermDigest
services are offered. The most current version of the Terms will supersede all previous versions.
DermDigest encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
DermDigest welcomes your questions or comments regarding the Terms:
DermDigest LLC
100 Powell Place #1894
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Nashville, Tennessee 37204
Email Address:
info@hmd.com.co