PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP.
By using this app, or the MDacne.com website, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this app or the MDacne.com website!
MDacne may revise and update these Terms and Conditions at any time. Your continued usage of the MDacne app ("MDacne App," or the "App,") will mean you accept those changes.
ACCEPTANCE OF TERMS OF SERVICE
By registering for and/or using MDacne Services or products, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site and the App by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
THE APP/WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the MDacne App, and the MDacne website, such as text, graphics, images, information obtained from MDacne's licensors, and other material contained on the MDacne App ("Content") are for informational purposes only. The MDacne products, are over the counter products that can be purchased without the need for a medical prescription. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MDacne App!
If you think you may have a medical emergency, call your doctor or 911 immediately. MDacne does not recommend or endorse any specific tests, physicians, prescription products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by MDacne, MDacne employees, others appearing on the App at the invitation of MDacne, or other visitors to the App is solely at your own risk.
The App may contain health- or medical-related materials that are explicit. If you find these materials offensive, you may not want to use our App.
We are committed to protecting the privacy of children. You should be aware that this App is not intended or designed to attract children under the age of 13.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
USE OF CONTENT
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MDacne or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MDacne. All rights not expressly granted herein are reserved to MDacne and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
RULES OF CONDUCT
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
PAYMENTS AND BILLING PAID SERVICES
Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Services”). Please see our Help / FAQ [www.MDacne.com/FAQ] for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. More information on auto-replacing products can be found at our FAQ page on www.MDacne.com.
By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.
We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to www.mdacne.com.
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at www.MDacne.com. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above. Change in amount authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
Unless you opt out of auto-renewal, which can be done through your account settings on your MDacne app, any subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to the account settings on your MDacne app. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Paid Service (including Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
FREE TRIALS AND OTHER PROMOTIONS
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at feedback@MDacne.com.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
The services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk. Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
LIMITATION OF LIABILITY
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
LIABILITY OF MDACNE AND ITS LICENSORS
The use of the MDacne App and the Content is at your own risk.
When using the MDacne App, information will be transmitted over a medium that may be beyond the control and jurisdiction of MDacne and its suppliers. Accordingly, MDacne assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MDacne App.
The MDacne App and the content are provided on an "as is" basis. MDACNE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, MDacne, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MDacne App or the MDacne website.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the MDacne App.
In no event shall MDacne, its licensors, its suppliers, or any third parties mentioned on the MDacne App be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the MDacne App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MDacne, its licensors, its suppliers, or any third parties mentioned on the MDacne App are advised of the possibility of such damages. MDacne, its licensors, its suppliers, or any third parties mentioned on the MDacne App shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MDacne, its licensors, its suppliers, or any third parties mentioned on the MDacne App are not liable for any personal injury, including death, caused by your use or misuse of the App, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the App, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER APPS
MDacne may provide links to third-party web apps. MDacne also may select certain apps as priority responses to search terms you enter and MDacne may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MDacne does not recommend and does not endorse the content on any third-party apps. MDacne is not responsible for the content of linked third-party apps, apps framed within the MDacne App, third-party apps provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party apps is at your own risk and subject to the terms and conditions of use for such apps. MDacne does not endorse any product, service, or treatment advertised on the MDacne App.
You agree to defend, indemnify, and hold MDacne, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
When you access the MDacne from any country, USA and others, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
You expressly agree that exclusive jurisdiction for any dispute with MDacne, or in any way relating to your use of the MDacne App, resides in the courts of Israel.
NOTICE AND TAKEDOWN PROCEDURES; AND COPYRIGHT AGENT
If you believe any materials accessible on or from the app infringe your copyright, you may request removal of those materials (or access thereto) from this app by contacting MDacne.
Thank you for your cooperation. We hope you find the MDacne App helpful and convenient to use!
MEDICAL INFORMATION DISCLAIMER SUMMARY:
1. This document was created using a template from SEQ Legal (http://www.seqlegal.com).
2. Our MDacne contains only general educational medical information.
2.2 The medical information is not advice and should not be treated as such.
3. The medical information on our App is provided without any representations or warranties, express or implied.
4. You must not rely on the information on our website as an alternative to medical advice from your doctor or another professional healthcare provider.
4.2 If you have any specific questions about any medical matter, you should consult your doctor or another professional healthcare provider.
4.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
4.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our App.
5. Our application includes interactive features that allow users to communicate with us.
5.2 You acknowledge that, because of the limited nature of communication through our App's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
5.3 Any assistance you may receive using any our App's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
6. Nothing in this disclaimer will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
Questions or comments regarding this app, including any reports of non-functioning links, should be emailed to feedback@MDacne.com.
MDalgorithms Inc., 548 Market St #86774, San Francisco, California 94104-5401.
EFFECTIVE DATE OF TERMS OF SERVICE:
©2017 MDAlgorithms. All rights reserved.