Terms & Conditions

PARTIES

It is hereby agreed by the parties involved, i.e. SkinExam as the provider of this website and the services herein and you, the user of this website, that whenever the Terms and Conditions state “SkinExam” or “SkinExam’s” position or contention, this refers to SkinExam and its parent company and/or its employees, contracted healthcare providers and all affiliate members to the company.

PROVISION OF THIS WEBSITE

This website is provided “as is” without any representations or warranties, express or implied. SkinExam, its parent company and/or any and all of its affiliates make no representations or warranties whatsoever in relation to this website or the information and materials provided on this website or the information provided by our contracted providers as part of the use of this website.

YOU, YOUR PHYSICIAN AND SKINEXAM

SkinExam hereby affirms and states that SkinExam does not replace nor intends to replace nor condones or supports in any way that it be used as a means to replace either your primary care physician or your dermatologist or any licensed healthcare professional. All users of this website and our contracted Skin Care Providers do so with the full agreement of our Terms and Conditions and with the knowledge that the use of this website is in absolutely no way practicing medicine and it does not in any way replace the user's responsibility to seek care in person from their personal physician and/or dermatology provider. SkinExam strictly recommends that the time between when the user uses SkinExam and when he or she goes to see their primary care provider in person or their dermatologist in person be as soon as possible. As such, SkinExam hereby accepts absolutely no responsibility for any delay in seeking qualified medical care by the user. SkinExam aims solely to provide information to users which users may or may not find useful until such a time as when the user is able to access their primary care physician and/or dermatology provider. SkinExam is not absolutely not practicing medicine and does not practice medicine. SkinExam is purely an educational and an informational website. SkinExam is a TELEHEALTH activity and website and NOT a TELEMEDICINE activity or website. Since SkinExam is informational only and is not intended for use in the diagnosis of diseases or other conditions, or in the cure, mitigation, treatment or prevention of any diseases, the FD&C Act does not apply to SkinExam. SkinExam is not considered a medical device and is, therefore, outside the FDA purview. Furthermore, since SkinExam simply helps users to self-manage their possible skin problems or conditions without providing specific treatment suggestions and provides easy access to information related to health conditions or treatments SkinExam thus falls under the “minimal risk” category and is considered by the FDA to pose “minimal risk” to users as set forth by the Mobile Health Apps Interactive Tool recently produced and released by the US Department of Health and Human Services (HHS), the Office of the National Coordinator for Health Information Technology (ONC) and the Food and Drug Administration (FDA). Since SkinExam is not practicing medicine, SkinExam does not condone and strictly forbids that one or more of our contracted skin Care Providers writes or calls in a prescription for a SkinExam user. The provision of a prescription by one of our contracted providers is expressly and absolutely NOT endorsed, condoned, or recommended by SkinExam. In fact, we absolutely forbid our contracted providers to provide prescriptions to our users since this website is NOT a telemedicine website and is not practicing medicine. If one of our contracted healthcare providers writes or calls in a prescription for a user, it is hereby expressly stated and noted that he or she does so entirely and completely at their individual discretion and do not do so with the permission, endorsement or consent of SkinExam.com or our parent company. Correspondingly, it is hereby firmly, fully, and irrevocably noted and affirmed that SkinExam skin Care Providers are strictly, absolutely, and irrevocably prohibited, as part of their SkinExam services, from prescribing any medications - but particularly DEA controlled substances, such as but not limited to narcotic analgesics, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse and/or are not approved by governmental agencies. SkinExam hereby certifies that it does not endorse, condone, supports nor accepts any liability resulting from any prescription of or intent to prescribe controlled substances or any other prescription of any kind which is made by one of our contracting skin Care Providers. Providing our users with a prescription is expressly against the expressed contractual obligations with providers under these SkinExam services. SkinExam and our contracting skin Care Providers hereby affirm that together and/or separately we reserve the right to deny access to SkinExam to anyone who, in the opinion of the company or in the opinion of the contracting skin Care Providers exhibits behavior which suggests a potential for misuse or the inappropriate use of our services. Our intent at SkinExam is to make our website and mobile app(s) purely an informational and educational source. We hereby accept no liability in the event that none of our contracted Health Care Providers are available for website or mobile app picture review at a time when someone may wish to have such a picture review. All users, members, and potential users of this website are hereby informed and directed (see next sentence) that in the event that none of our contracted physicians or healthcare providers are available within a reasonable time (72 hours or less) after which time the user submits a question or case, the user is hereby noticed that he or she should either contact his or her primary care physician right away and/or go directly to their closest emergency room to seek medical care – which is what they should do anyway since SkinExam is not practicing medicine. Moreover, in addition to the preceding, users are hereby strictly forbidden to delay seeking qualified in-person medical care while waiting for an answer from SkinExam. Anyone who does this, does so at their own discretion and with the knowledge that SkinExam expressly forbids doing so. SkinExam absolutely takes no responsibility or liability whatsoever for anyone who does so. The use of this website by the users indicate and certify that they are aware of the Terms and Conditions of this website and that they take full and complete responsibility for any delay in seeking qualified medical care for any dermatologic concerns they may have.

AVAILABILITY AND LIMITATIONS OF AVAILABILITY

Without prejudice to the generality of the foregoing paragraph(s), SkinExam hereby affirms and does not warrant that:

1. This website and/or our healthcare providers and/or contractors will be constantly available, or available at all; or that 2. The information on this website or that is provided by our contracted Health Care Providers is complete, true, accurate, or non-misleading and in any way whatsoever replaces the information, diagnostic and/or therapeutic interventions that the user should get and is encouraged and recommended to get and is responsible for getting from a visit in person with a licensed and qualified medical provider.

BINDING MEDICAL ADVICE

Nothing on this website constitutes, or is meant to constitute, binding medical advice. For specific, binding medical advice in relation to any medical matter, you are hereby directed to consult a duly licensed, physician or healthcare provider in person. SkinExam is absolutely and in no way practicing medicine. This website and the information contained and obtained therein is strictly informational and educational only. This website does not practice telemedicine. It is strictly informational and educational as in the sense of a telehealth website and not a telemedicine website.

LIMITATIONS OF SKINEXAM’S LIABILITY

SkinExam will not be liable, by the use of this website and/or its contracted Health Care Providers, to you (whether under any applicable law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: 1. For any direct, indirect, special or consequential loss; or 2. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if SkinExam has been expressly advised of the potential loss.

EXCEPTIONS TO THE TERMS AND CONDITIONS

Nothing in the Terms and Conditions of this website will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in the Terms and Conditions of this website will increase or augment SkinExam’s liability in respect of any:

1. Death or personal injury caused by SkinExam’s or its contracted Health Care Providers’ implied, inferred, actual, or expressed negligence; 2. Fraud or fraudulent misrepresentation on the part of SkinExam and/or its contracted Health Care Providers; or 3. Matter which it would be illegal or unlawful for SkinExam to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS OF THE TERMS AND CONDITIONS

By using this website, you agree that the exclusions and limitations of liability set out in the Terms and Conditions are reasonable and you fully agree with them. Further, by using this website you fully agree to the Terms and Conditions and everything the Terms and Conditions contain and entail.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS

If you do not feel that you fully agree nor if you disagree with any provision in the Terms and Conditions or do not feel that these Terms and Conditions are reasonable and/or if you do not agree to be bound by the Terms and Conditions of this website, you must not use and are hereby prohibited from using this website whatsoever. Your use of this website indicates that you are fully in agreement with the Terms and Conditions of this website.

OTHER PARTIES

You hereby accept that SkinExam has an interest in limiting the personal and provider liability of its officers, employees, and contracting Health Care Providers. As such, by using this website you hereby agree that you will not bring, under any circumstances, any claim personally against SkinExam’s officers, employees or contracted health care providers in respect of any losses you suffer or you feel you have suffered or you inferred to have suffered  in connection with the use of this website.

BY THE USE OF THIS WEBSITE YOU AGREE TO THE TERMS OF THE TERMS AND CONDITIONS

Without prejudice to the foregoing paragraph, by the use of this website you hereby agree that the limitations of warranties and limitations of liability set out in the website's Terms and Conditions will protect SkinExam and SkinExam's parent company, as well as its officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as any and all contracted healthcare providers.

UNENFORCEABLE PROVISIONS

If any provision of the website Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website's Terms and Conditions.