Terms & Conditions

Please read these terms and conditions carefully, as your use of any of our Web site constitutes your acceptance of these terms and conditions. If you do not accept the complete terms and conditions, do not not use the web site.

We may, at our sole discretion, change these terms and conditions at any time by updating this Web page. Use of our site is contingent upon all such modifications, and you are responsible for reviewing these terms and conditions on a regular basis.

Your continued use of the Web site constitutes your agreement to all such terms, conditions, and notices.

Privacy Statement

Please read our Privacy Statement to understand how your personal information will be safeguarded as you make full use of our many features.

Copyright & Trademark

All content included on this web site, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by , LLC and Content owned or controlled by third parties and licensed to OzarkDerm. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of the copyright holders.

Site Access and Licenses

OzarkDerm grants a limited license to each user to make personal use only of the Web site and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Web site and the associated services, making any derivative of the Web site or the associated services, the collection and use of user e-mail addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.

Security

This Web site uses SSL encryption. While we use state-of-the-art security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. When using the OzarkDerm Web site, information will be transmitted using your personal web browsing software, which makes use of mediums and technologies beyond the control of OzarkDerm and its contractors. YOU HEREBY EXPRESSLY SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF . Once the information is received by us, your medical information will be treated as confidential and given the same protection that all other medical records are given.

Credit Transactions

If you elect to pay for any service hereunder through your credit card, we, in our sole discretion, reserve the right to accept payment from your credit card. By requesting the credit card payment option, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same become due and payable. In the event we elect to so accept payment, we shall debit the applicable amounts from your credit card. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall either (i) furnish in writing to us a valid credit card account number, or (ii) make payment to us in other immediately available funds, whether by check or otherwise.

Diagnostic Service

The service provided through this Web site is different from the diagnostic services typically provided by a physician. The OzarkDerm physicians providing this service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. In some cases, the facts may be critical to the opinion. TO REDUCE THE RISK TO YOU OF THIS LIMITATION, WE STRONGLY ENCOURAGE YOU TO DISCUSS WITH YOUR PHYSICIAN. BY DECIDING TO ENGAGE THIS SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO SOLELY ASSUME THE RISK OF THIS LIMITATION.

BY REQUESTING A REMOTE DIAGNOSIS OR CONSULTATION THROUGH THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT:

  • THE DIAGNOSIS THAT YOU WILL RECEIVE IS LIMITED AND PROVISIONAL
  • THE REMOTE CONSULTATION IS NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR A FACE-TO-FACE VISIT WITH A PHYSICIAN
  • THE PHYSICIAN DOES NOT HAVE IMPORTANT INFORMATION THAT IS USUALLY OBTAINED THROUGH A PHYSICAL EXAMINATION;
  • THE ABSENCE OF A PHYSICAL EXAMINATION MAY AFFECT THE PHYSICIAN’S ABILITY TO DIAGNOSE MY CONDITION, DISEASE OR INJURY;

BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO SOLELY ASSUME THE RISK OF THESE LIMITATIONS. YOU FURTHER UNDERSTAND THAT NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF YOUR CONDITION.

Links to Third Party Web Sites

This Web site contains links to Web sites operated by other parties. The links are provided for your convenience only. We do not control such Web sites and we are not responsible for the content and performance of these sites. The inclusion of links to other Web sites does not imply any endorsement of the material on the Web sites or any association with their operators. We do not operate, control or endorse any information, products, nor services provided by third parties through the Internet. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other Web sites.

No Warranties

THIS SITE AND ALL OTHER ASSOCIATED SITES HOSTED BY OZARKDERM, ITS CONTRACTORS, AND PHYSICIANS AND THE CONTENT CONTAINED HEREIN AND THEREIN ARE PROVIDED ON AN “AS IS” BASIS. OZARKDERM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITES, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OZARKDERM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND/OR INFRINGEMENT.

Limitation of Liability

SOME OF THE MATERIAL ON THIS WEB SITE IS PROVIDED BY THIRD PARTIES AND OZARKDERM SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD-PARTY MATERIAL. OZARKDERM DISCLAIMS ANY RESPONSIBILITY FOR OR LIABILITY RELATED TO SUCH THIRD-PARTY MATERIAL. ANY QUESTIONS, COMPLAINTS OR CLAIMS RELATED TO ANY PRODUCT SHOULD BE DIRECTED TO THE APPROPRIATE THIRD PARTY.

General

By using OzarkDerm’s Web site, you agree that the laws of the state of Arkansas, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and OzarkDerm, its doctors, nurses, staff, contractors, partners, owners, or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with , LLC, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of the state of Arkansas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Arkansas in connection with any claim involving , LLC, its affiliates, employee, subsidiaries, contractors, officers and directors. Use of this Web site is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.

Our Commitment to your Privacy

Our practice is dedicated to maintaining the confidentiality of your medical information. In conducting our business, we will create records regarding your and the treatment and services we provide to you. We are required by law to protect the privacy of health information that identifies you. This type of information is considered protected health information (PHI). We also are required by law to provide you with this notice of our legal duties and the privacy practices that we follow in our practice concerning your PHI. By federal and state law, we must abide by the terms of the notice of privacy practices that we have in effect at the time. We must provide you with the following:

  • How we may use and disclose your PHI.
  • Your privacy rights with respect to your PHI.
  • Our obligations concerning the use and disclosure of your PHI.

We May Use and Disclose Your PHI in the Following Ways:

  • Treatment: We may use or disclose your PHI to treat you or assist others in your treatment. For example, we may ask you to have lab tests such as a scraping or biopsy. We may disclose your PHI to other health care providers including referrals and consultations. We might use your PHI to order to write prescriptions for you, or we might disclose your PHI to a pharmacy. Additionally, we may disclose your PHI to others who may assist in your care, such as family members.
  • Health care operations: We may use your PHI to operate our business. For example, we may use your PHI to evaluate the quality of care you received or to conduct cost-management and business planning activities.
  • Release of Information to Family: We may disclose your PHI to a friend or family member who is involved in your care.
  • Disclosures required by law.

Uses and Disclosures of Your PHI in Certain Special Circumstances:

  • Public Health Risks: Our practice may disclose your PHI to public health authorities that are authorized by law to collect or receive information of any of the following reasons: preventing or controlling disease or injury; notifying a person regarding potential exposure to a communicable disease; reporting reactions to drugs or problems with products or devices; investigating child abuse; investigating abuse or neglect of an adult (including domestic violence).
  • Health Oversight Activities: Our practice may disclose your PHI to a health oversight agency for activities authorized by law, such as investigations, inspections, audits, surveys, licensure and disciplinary actions; or other activities necessary for the government to monitor certain programs.
  • Research: Our practice may use or disclose your PHI for research purposes. For example, we might disclose your PHI in a partially “de-identified” form (a form from which information that identifies it as relating to you has been removed). That information may then be pooled together with similar information from other patients to publish a report regarding data and statistics about certain skin conditions.
  • Serious Threat to Health or Safety: Our practice may disclose your PHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public.

Your Rights Regarding Your PHI:

  • Confidential Communications: You have the right to request that our practice communicate with you about your health and related issues in a particular manner or location. For instance, you may ask that we contact you at home, rather than at work. You must make a written request for such a wish.
  • Requesting Restrictions: You have the right to request restrictions on the disclosure of your PHI, such as only to certain members of your family. We are not required to agree to this request. In order to make such a request, you must submit the request in writing, and it must be clear and concise.
  • Inspection and Copies: You have the right to obtain a copy of your PHI. Our practice may charge a fee for the costs of copying, mailing, labor and supplies associated with your request. We may deny your request to inspect and/or copy in certain limited circumstances. However, you are entitled to request a review of the denial.
  • Amendment: You may ask us to amend the PHI we maintain in your medical records if you believe it is incorrect or incomplete. You must provide a written request explaining why you believe an amendment is necessary. We may deny your request if we believe the information is accurate and complete, or if the information was not created by our practice or kept by our practice.
  • Accounting of Disclosures: You have the right to request a list of certain non-routine disclosures our practice has made of your PHI for purposes other than treatment or health care related operations. Disclosure of your PHI as part of the routine patient care in our practice is not required to be documented, such as a doctor sharing your information with another doctor. In order to obtain an accounting of disclosures, you have to submit your request in writing. All requests must state a time period, which may not be longer than six years from the date of disclosure and may not include dates before April 14, 2003. The first list you request within a 12 month period is free of charge, but our practice may charge you for additional lists within the same 12 month period.
  • Right to Paper Copy of This Notice
  • Right to File a Complaint: If you believe your privacy rights have been violated, you may file a complaint with our practice or the with the Secretary of the Department of Health and Human Services. All complaints must be submitted in writing.
  • Right to Provide an Authorization for Other Uses and Disclosures: We will obtain your written authorization for uses and disclosures that are not identified by this Notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your PHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your PHI for the purposes described in the authorization. However, we are required to retain records of your care.
  • Right to Notification of a Breach of PHI: You are entitled to notification of any unauthorized acquisition, access, use, or disclosure of your unsecured PHI as a result of a security breach.
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