Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This agreement is between you and YoDerm, Inc. (“Company”, “us, “we”, or “Apostrophe”) regarding your use of the Apostrophe site currently located at https://www.apostrophe.com (together with any current or future affiliated mobile application, successor site(s), or any services or materials available therein, collectively the “Site” or “Website”). The Site is intended to facilitate the provision of services to registered users. The “Services” may include: telecommunications support for using the Services as a means of direct access to health care providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers, providing individuals with pharmacy services; administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and/or providing individuals with information on healthcare and wellness.
BY ESTABLISHING AN ACCOUNT ON THE SITE AND/OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT ESTABLISHES AN ACCOUNT ON OR USES THE SERVICES.
Additional Terms and Amendments. In order to participate in or receive certain Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.
Changes to the Agreement. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
Availability and Jurisdiction. Apostrophe isn’t for everyone. The Services are only available to residents of the United States, and you hereby represent and warrant that you are a resident of the United States. Likewise, certain Services are currently only available to individuals located in certain states (“Operational States”). For the current list of Operational States, please visit our FAQ’s. To qualify for the Services, you must be located in one of the Operational States, depending on the type of Services.
Age restrictions. BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, MINORS UNDER THIRTEEN (13) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR TO ENTER INTO THIS AGREEMENT, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, please contact us at email@example.com. We have the right to terminate your Account without warning or notice to you if we have reason to believe that you are in breach of these representations and/or if any Registration Information (as defined below) is false or inaccurate.
General Representations and Warranties of User:
1.1 Creating Your Account. Prior to receiving and in order to receive a Consultation, you must create a User account (an “Account”) by registering through the Services, providing us with true, accurate, and complete information as requested on the registration form (your “Registration Information”), accepting this Agreement, and signing the Authorization for the Use and Disclosure of Health Information (the “Authorization Form”). You will promptly update all Registration Information to keep it true, accurate, and complete. Should we suspect that any Registration Information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Services. When you register, we will ask you to provide a username and password. You agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. You will be responsible for any activities that occur under your Account until you terminate your Account in accordance with Section 3 We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) create an Account for anyone other than yourself or your child; (b) create or use more than one Account at any given time; (c) transfer your Account to anyone else; (d) permit anyone else to use your Account; or (e) use or access any other person’s Account.
1.2 Account Use Restrictions. The Services are for the personal use of Users only and Users may not use them in connection with any commercial endeavors. You represent and warrant that you will use the Services solely for your own personal benefit and that you will not resell or distribute the Services. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (ii) introduce software or automated agents to the Services so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Services. You will not attempt to impersonate another User or person, including, without limitation, any employee of Apostrophe. At all times, you will use the Services in a manner consistent with any and all applicable laws and regulations.
1.3 Ordering Services. Prior to receiving a Consultation, you must sign the Authorization Form, and each time you order a Consultation you must provide payment for the Consultation as described in Section 4. To order a Consultation, you must be at least 18 years of age or the applicable age of majority in your jurisdiction. In the event that you are between the age of 13 and 18, your parent or guardian will need to provide a valid e-signature. By placing an order for a Consultation, you represent and warrant that you are at least 18 years of age or the applicable age of majority in your jurisdiction and are ordering a Consultation either for yourself or on behalf of a minor at least 13 years of age as a lawful parent or guardian. Upon completion of your Registration Information, Apostrophe will automatically assign a Dermatologist to you who is licensed to practice within your state and will send you a confirmation by e-mail indicating that your order has been placed and identifying the Dermatologist assigned to you. Prior to placing your order, you may elect to change this Dermatologist to another Dermatologist licensed to practice in your state.
1.4 Term. This Agreement shall remain in full force and effect while you use the Services or have an Account. You may delete your Account at any time, for any reason within the “My Account” tab inside of your patient profile or by contacting firstname.lastname@example.org. Apostrophe may terminate your Account for any reason, effective upon sending notice to you at the then-current e-mail address in your Registration Information. Even after any termination, Sections 5 through 16 of this Agreement will remain in effect. You understand that Apostrophe reserves the right to delete any of your Registration Information or Content (as defined below) upon termination of this Agreement and/or your Account, but may retain any Registration Information or Content for archival purposes or as required by law. Apostrophe will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
2.1 Payment terms. You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Apostrophe may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Apostrophe collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Apostrophe and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Apostrophe, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Apostrophe and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
2.2 Order acceptance policy. Your receipt of an electronic order confirmation merely confirms our receipt of your order and does not signify Apostrophe’s acceptance of your order. Your order will be deemed accepted when your assigned Dermatologist provides you with your Consultation. In the event that your assigned Dermatologist cannot provide you with a Consultation for any reason, Apostrophe reserves the right at any time after receipt of your order to decline your order. In the event that Apostrophe declines your order, Apostrophe will return your payment using the same payment method designated by you on your order.
2.3 Monthly subscription, renewals, and cancellation policy. If you purchase a subscription offering on Apostrophe, your subscription will automatically renew on each monthly anniversary date of the subscription (or bi-monthly anniversary date, depending on the subscription selections you make). By submitting payment demonstrating your consent for automatic monthly renewal of your subscription, Apostrophe will charge your Payment Method with the applicable subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments.
2.3.1 Canceling your subscription. You may cancel your subscription at any time by logging into your account page on www.apostrophe.com or sending a message to Apostrophe support from within your account or email email@example.com. Cancellation requests submitted must be received at least two full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.
2.3.2 Pausing and resuming shipping. Apostrophe offers paying subscribers the ability to temporarily pause their subscription (“Pause Period”). During the Pause Period, subscribers will remain active, but they will not receive any products. A subscriber may be placed on a Pause Period from a one to a six month period at their discretion. During the Pause Period, members will remain active, continue to receive communications from Apostrophe via email, but will not be charged any maintenance or membership fee. Subscribers who are in a Paused Period may resume receiving products by logging into their account and Resuming shipping either immediately or on their bill date. You may email any questions about the Pause Period to firstname.lastname@example.org.
Content and Proprietary Rights. Your Content. For purposes of this Agreement, “Content” means any and all postings, messages, text, files, images, photos, video, works of authorship, or other material. Apostrophe does not claim ownership in any Content that you originate and publish, display, submit, upload or otherwise transfer (“post”) to the Service, including Content that you submit using the Services in connection with any Consultation. You hereby grant to Apostrophe a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, modify, publicly display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing you with the Services and (b) creating, using, and disclosing de-identified and/or aggregated data from Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that you post on the Service and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. You are solely responsible for any and all Content that is posted by or through your Account on any Service.
3.1 User Guidelines. Apostrophe reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third parties, including removing such content from the Services, notifying the appropriate authorities, barring violators from accessing the Services, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by Apostrophe, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for Apostrophe.
3.2 Apostrophe Content. The Services contains Content owned and/or developed by or on behalf of Apostrophe and its licensors (“Apostrophe Content”). Apostrophe and its licensors (including Users) own and retain all proprietary rights in the Apostrophe Content and the Services. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Apostrophe Content. Apostrophe hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the Apostrophe Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
APOSTROPHE EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE APOSTROPHE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF DERMATOLOGISTS AND/OR USERS ON OR OFF THE WEBSITE OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY DERMATOLOGIST.
Copyright Policy. Upon prompt notification to Apostrophe by a copyright owner or a copyright owner’s legal agent, it is Apostrophe’s policy to terminate the Account of any User who repeatedly infringes third party copyright rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent (using the contact information listed below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Apostrophe’s Copyright Agent for notice of claims of copyright infringement is as follows:
Apostrophe Attn: Copyright Agent 330 2nd Street #201 Oakland, CA 94607
Electronic communications. Communication between you and Apostrophe will be affected through electronic means, including, without limitation, through the Website, e-mails, and/or SMS. For contractual purposes, you (a) consent to receive communications from Apostrophe in any of these electronic forms; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Apostrophe provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
No Warranty. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE, (B) APOSTROPHE EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, APOSTROPHE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF APOSTROPHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APOSTROPHE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO APOSTROPHE IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE APOSTROPHE’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF APOSTROPHE OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release. You hereby release Apostrophe, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with any other User and/or with any Dermatologist.
Termination. This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to email@example.com. Company may terminate or suspend your use of the Website at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty three (23) years old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if required by state or federal law. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this section shall be subject to compliance with any notice or waiting period provided by applicable law.
Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
Requests and complaints. If you have a question or complaint regarding the Website, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to 330 2nd Street #201 Oakland, CA 94607. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Agency. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.
Copyright and trademarks. Copyright © 2019, Apostrophe. Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Apostrophe or its affiliates. You are not authorized to use any such Marks without the express written permission of Apostrophe. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
No Professional Advice. All information, materials, content and/or advice on the Website or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Apostrophe expressly disclaims, and You expressly release Apostrophe from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
Miscellaneous. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. The failure of Apostrophe to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement at Apostrophe, 330 2nd St. #201, Oakland, 94607, or at email@example.com.