Terms of Usage

I. Agreement to these Terms

THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND DOCTOR DAVID DUNLAP (REFERRED TO HEREIN AS "COMPANY," "WE," "US," OR "OUR") GOVERNING YOUR ACCESS AND/OR USE OF THIS WEBSITE. YOU MUST READ THESE TERMS IN THEIR ENTIRETY.

Your access or use of this website constitutes your agreement to be bound to these Terms, which includes any restrictions posted on site pages or any changes that may exist when you re-access our website. If you do not agree with these Terms, do not use this site. Discontinuing use of this site shall not modify any Terms that apply to prior uses on the site.

Personal information that we collect over this website will be governed by our Website Privacy Policy, which is incorporated in these Terms by reference.

II. Agreement to Changes or Updates

We reserve the right to make changes and update any information or Content contained on What's My Rash iPhone App & website and/or Terms without prior notice. Any changes to these provisions will be incorporated into revised Terms that we will post on this website. Changes shall be effective when they are posted. Visitors have the obligation to review changes to these Terms when they access or re-access the site.

III. Website Ownership

This website is owned and operated by Doctor David Dunlap ("Company"). Company, its parents, entities under common ownership or control with Company ("Affiliates") or parties that have granted us specific usage authorizations ("Licensors") own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, (collectively "Content") displayed or posted on this website. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content. Underlying tools is an Elettro Interactive Copyrighted software code base.

IV. Violations and Termination

Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of visitor site participation, registrations and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect our website, the Content, the Company, its parents, Affiliates, Licensors and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of this website or Content. We retain the right to deny access to our website, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.

V. Restrictions on Use of Content

Use of Content for any purpose not expressly permitted herein is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Any use, copying, downloading, reproduction or redistribution of any Content for commercial purposes is strictly prohibited. Personal usage is limited as follows: Visitors may print, download or transmit to a personal device only Company Content from this site and only for personal and non-commercial use, provided that the visitor keeps intact all Company Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the Company Content. This limited personal and non-commercial usage does not include Content owned, licensed or provided by third parties for usage by Company on this site. Nothing contained on this site grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos without the prior written permission of Company or other third party owner of such names or marks.

Visitors expressly agree not to engage in any use or activity that:

· interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of this web site, Content or any site service, including any associated software, hardware, or telecommunications or wireless equipment;
· manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;
· infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
· contains unauthorized advertising, advertises Content as your own or solicits other visitors;
· promotes any business or commercial activity for any products, goods or services without prior written consent from Company;
· impersonates any business or entity, or falsely represents your affiliation with a person or entity;
· causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
· contains off-topic information;
· is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable; or
· otherwise violates Company policies or the Terms of this Agreement.

Company has established access areas or site services where certain visitors may be permitted to download or use specific information or Content for purposes other than provided herein. This limited access and usage is a feature of a specific site service and is not intended to give up any of our rights to protected Content and information on this site or that is otherwise owned by Company, its parents or Affiliates. Company, its parents and Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or these Terms.

VI. Accuracy of Information

 

Company uses reasonable efforts to ensure the accuracy and correctness of Content appearing on this iPhone App and website and the operation of the site and certain service offerings; however, the iPhone App and website and service offerings may occasionally contain Content, information or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding Content, iPhone App, website, or service accuracy, validity, correctness, timeliness, reliability or that usage will be error-free. iPhone App and Website information may not be updated on a daily basis and may not be the most current information available. Although we may post updated information on our site, we may continue to allow access to the original information or Content, or we may not go back and change the original information to reflect new developments. You should independently confirm any information appearing on our site. We are not responsible for any claim, liability or damage resulting from your use, reaction or reliance on any Content or information appearing on our site.

VII. DISCLAIMER OF WARRANTIES

THIS IPHONE APP AND WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE CONTENT FOUND ON THIS WEBSITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.

VIII. LIMITATION OF LIABILITY

 

NEITHER COMPANY, NOR ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS IPHONE APP AND WEBSITE OR CONTENT POSTED ON THIS SITE; (II) USE OR ACCESS TO ANY SERVICE, WIRELESS OR OTHERWISE, PROVIDED AS A FEATURE OR OFFERING ON THE SITE; (III) ANY FAILURE OR INTERRUPTION OF THIS SITE; (IV) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO VISITORS; (V) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (VI) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS IPHONE APP AND WEBSITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VII) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR'S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF COMPANY ITS PARENTS, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL COMPANY, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF COMPANY, ITS PARENTS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

IX. Leaving Our Iphone App and Website

When you click on any link that takes you outside of our website, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. COMPANY, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF USAGE OF OTHER IPHONE APPS AND WEBSITES.

X. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, SITE SERVICES AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THIS WEBSITE, SITE CONTENT OR ANY SITE SERVICES.