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Terms & Conditions


Terms of Use for  Distinct Dermatology Digital Services

Last revised July 23rd, 2021

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and digital properties (e.g., websites) owned and controlled by Distinct Dermatology, Inc., (“Distinct Dermatology”), including the website located at www.getmystride.com (the
Site”), collectively, referred to as the “Digital Services”. Your compliance with these Terms of Use is a condition to your use of the Digital Services. If you do not agree to be bound by the Terms of Use, promptly exit the Digital Services. Please also consult our  privacy policy  for a description of our privacy practices and policies. Availability is limited by state regulations and doctor licensure.

These Terms of Use address the following:

Subscriptions

Billing and Cancellation

Account Set Up

Disclaimer of Medical Services

Provider Directory

No Medical Advice

Not for Emergencies

Risks of Telehealth Services

Prescription Policy

Binding Arbitration

Ownership of the Digital Services

Access to the Digital Services; Security and Restrictions; Passwords

Accuracy and Integrity of Information

Typographical Errors and Incorrect Pricing

Order Acceptance

Links to Other Sites

Disclaimer of Warranties

Not an Insurance Product

Limitation of Liability Regarding Use of Digital Services

Indemnification

Dispute Resolution; Arbitration Agreement.

Consent to Receive Calls and Communications

CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Electronic Communications

Force Majeure

External Services

Revisions; General

 

Subscriptions

If you sign up for a subscription, your subscription will continue and automatically renew until terminated at the price, intervals, and other terms that you agreed to when signing up. Please see the Billing and Cancellation section below for more information on payment information, cancellation, refunds, and changes to subscription plans.

 

Billing and Cancellation

Payment Information

We accept credit and debit cards issued by U.S. banks, as well as PayPal. If a credit card account is being used for a transaction, Distinct Dermatology may obtain preapproval for an amount up to the amount of the payment. All charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Cancellation

You may cancel your subscription at any time by contacting us at  info@gitmystride.com. The cancellation will take effect for the next billing cycle following the date of cancellation.

No Refunds

Subscription fees are non-refundable due to the nature of the products and services being provided. Please note that orders cannot be cancelled once shipped by the pharmacy because medication cannot be returned or refunded.

Changes to Subscription Plans

Distinct Dermatology reserves the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

 

Account Set-Up 

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Digital Services and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Distinct Dermatology has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Distinct Dermatology may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.  Doing so will compromise the security of your account.

You agree to immediately notify Distinct Dermatology of any unauthorized use of your password or account, and to ensure that you properly exit from your account at the end of each session. Distinct Dermatology shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.

The following actions are expressly prohibited in relation to your username and password used to obtain the Digital Service:

  • Sharing, disclosing, permitting access to, or otherwise facilitating the use by any person of your username and password;
  • Using the username and password to cache the Digital Service in such a manner as to be accessible by persons who have not properly registered with Distinct Dermatology; or
  • Using the username and password to permit multiple persons access to the Digital Service through a local or wide area network.

If you have forgotten your username or password, Distinct Dermatology will use an email address previously provided by you to send your username or temporary password. You understand that any other individuals using the same email address will be able to gain access to your Digital Service account information, but only if they provide the correct answers to your security questions.

Your use of the Digital Service and any content accessed through the Digital Service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Digital Service, or you must be the legal guardian for someone under age 18 whose data is accessed through the Digital Service. You may not interfere with or disrupt the proper operation of the Digital Service.

If you use the Digital Service to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.

 

Disclaimer of Medical Services

Distinct Dermatology operates as a treatment service coordinator only. Distinct Dermatology does not provide medical advice or care, nor does it dispense pharmaceutical products. Any telemedicine consults obtained through our Digital Services are provided by licensed, independent medical practitioners that provide healthcare services via telemedicine through a network of United States based health care providers (each, a “Provider”). Any prescriptions issued by your Provider are filled and shipped to you by a licensed pharmacy. Your Provider and/or pharmacy is directly responsible for providing you with a Notice of Privacy Practices that describes its collection and use of your health information, not Distinct Dermatology.

 

Provider Directory

As the treatment service coordinator, Distinct Dermatology connects customers to medical providers through a telehealth consult/visit. Medical providers offering their services through a telehealth encounter on the Distinct Dermatology platform are compensated for a fixed fee as part of the overall service fee charged to the customer.

 

No Medical Advice

The Providers are independent of Distinct Dermatology and are merely using the Digital Services as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Distinct Dermatology. Your interactions with a Provider via the Digital Services are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Distinct Dermatology, nor any of its subsidiaries or affiliates or any third party who may promote the Digital Services or provide a link to the services, shall be liable for any professional advice obtained from a Provider via the Digital Services, nor any information obtained on the Digital Services. Distinct Dermatology does not make any representations or warranties about the training or skills of any Providers who deliver services via the Digital Services. You will be provided with available Providers based solely on the information you submit to the Digital Services. You are ultimately responsible for choosing your particular Provider.

The content of the Digital Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Distinct Dermatology does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Digital Services. Reliance on any information appearing on the Digital Services, whether provided by Distinct Dermatology, its content providers, its clients, visitors to the Digital Services or others, is solely at your own risk.

Our website offers the opportunity to receive online medical consults for persons who may be experiencing certain medical conditions. A Provider, not affiliated with Distinct Dermatology, will conduct any medical consult scheduled through our Website. The Provider will conduct a medical evaluation to determine whether a prescription is appropriate to treat the symptoms you are experiencing. All prescribing is based solely on the independent medical decision making of your Provider. There is no guarantee you will receive a prescription. All Providers work for independent physician-owned medical practices. The Providers do not have a financial relationship with Distinct Dermatology and are compensated based solely on their personally performed services. The Provider’s compensation is the same whether or not a prescription is issued, and regardless of what pharmacy you select to dispense the prescription.

 

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Distinct Dermatology’s Digital Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Digital Services. If you believe you have an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or medication.

 

Risks of Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who is not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the telehealth services, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Providers through the Digital Services. You agree that Distinct Dermatology is a third-party beneficiary of the Patient Consent and has the right to enforce it.

 

Prescription Policy

You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Digital Services, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to read fully and carefully all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Distinct Dermatology has negotiated discounts for its customers with its pharmacy partners and our service fee proposal includes the cost of a telehealth Provider consultation as well as the cost of medication when dispensed from our pharmacy partner. However, Distinct Dermatology fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice, provided that you are willing to pay the additional cost charged by such pharmacy.

 

Binding Arbitration

These Terms of Use provide that all disputes between you and Distinct Dermatology that in any way relate to these Terms of Use or your use of the Digital Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with DISTINCT DERMATOLOGY.

 

Ownership of the Digital Services

All pages, features, and content within these Digital Services and any material made available for download are the property of Distinct Dermatology, or its licensors or suppliers, as applicable. The Digital Services are protected by United States and international copyright and trademark laws. The contents of the Digital Services, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through these Digital Services (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Distinct Dermatology. You may not frame or utilize framing techniques to enclose, or deep-link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Distinct Dermatology without our express written consent.

 

Access to the Digital Services; Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Digital Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Digital Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Digital Services, deep-link to any feature or content on the Digital Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Digital Services.

Violations of system or network security may result in civil or criminal liability. Distinct Dermatology will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of these Digital Services or any activity being conducted on these Digital Services.

In the event access to the Digital Services or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Distinct Dermatology. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Digital Services may be revoked by Distinct Dermatology at any time with or without cause. You agree to defend, indemnify, and hold Distinct Dermatology harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Digital Services, or access by anyone accessing the Digital Services using your user ID and password.

 

Accuracy and Integrity of Information

Although Distinct Dermatology attempts to ensure the integrity and accuracy of the Digital Services, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Digital Services and Content thereon. It is possible that the Digital Services could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Digital Services by third parties. In the event that an inaccuracy arises, please inform Distinct Dermatology so that it can be corrected. Distinct Dermatology reserves the right to unilaterally correct any inaccuracies on the Digital Services without notice. Information contained on the Digital Services may be changed or updated without notice. Additionally, Distinct Dermatology shall have no responsibility or liability for information or Content posted to the Digital Services from any non-Distinct Dermatology affiliated third party.

 

Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for a product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

 

Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled by us after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

 

Links to Other Sites

Distinct Dermatology makes no representations whatsoever about any other website that you may access through these Digital Services. When you access a non-Distinct Dermatology website, please understand that it is independent from Distinct Dermatology, and that Distinct Dermatology has no control over the content on that website. In addition, a link to a non-Distinct Dermatology website does not mean that Distinct Dermatology endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to these Digital Services, you do this entirely at your own risk.

 

Disclaimer of Warranties

DISTINCT DERMATOLOGY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DIGITAL SERVICES WILL BE CORRECTED. THESE DIGITAL SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE DIGITAL SERVICES, IS PROVIDED “AS IS, ” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. DISTINCT DERMATOLOGY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE DIGITAL SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND LINKED WEBSITES. DISTINCT DERMATOLOGY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY DISTINCT DERMATOLOGY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

 

Not an Insurance Product

Distinct Dermatology is not an insurer. The services provided by and through the Digital Services are not insurance products. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

 

Limitation of Liability Regarding Use of Digital Services

DISTINCT DERMATOLOGY AND ANY THIRD PARTIES MENTIONED ON THESE DIGITAL SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE DIGITAL SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE DIGITAL SERVICES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF DISTINCT DERMATOLOGY TO YOU WITH RESPECT TO YOUR USE OF THESE DIGITAL SERVICES MAY NOT EXCEED THE TOTAL COST OF SERVICES PURCHASED BY YOU IN THE THREE MONTHS PRECEDING THE DATE YOUR CLAIM AROSE.

 

Indemnification

You agree to defend, indemnify, and hold Distinct Dermatology and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Digital Services, products, services, or any information posted on the Digital Services; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Distinct Dermatology, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Digital Services, products, services, or any information on the Digital Services, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

 

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Digital Services, including products and services ordered or purchased through the Digital Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Distinct Dermatology agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Digital Services, including products and services ordered or purchased through the Digital Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Distinct Dermatology are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Distinct Dermatology.

If you desire to assert a claim against Distinct Dermatology, and you therefore elect to seek arbitration, you must first send to Distinct Dermatology, by certified mail, a written notice of your claim (“Notice”). The Notice to Distinct Dermatology should be addressed to: Distinct Dermatology, Attn: LEGAL NOTICE, 8 Campus Drive Arbor Circle South, Suite 105, Parsippany, NJ 07054 (“Notice Address”). If Distinct Dermatology desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Distinct Dermatology, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Distinct Dermatology and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Distinct Dermatology may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Distinct Dermatology, or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Distinct Dermatology receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10, 000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at WWW.ADR.ORG, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Distinct Dermatology and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10, 000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10, 000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Distinct Dermatology’s last written settlement offer made before an arbitrator was selected (or if Distinct Dermatology did not make a settlement offer before an arbitrator was selected), then Distinct Dermatology will pay you the amount of the award or US $1, 000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND DISTINCT DERMATOLOGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Distinct Dermatology agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Morris County, New Jersey.

 

Consent to Receive Calls and Communications

By providing your mobile number and email, you are agreeing to be contacted by or on behalf of Distinct Dermatology including calls, text messages, emails related to product information, or service (e.g., progress tracking, reminders, treatments etc.) messages and communications relating to the Digital Services. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Digital Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services. To stop receiving emails, click on the unsubscribe button at the bottom of each email.

 

CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Distinct Dermatology is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth above (Consent to Receive Calls and Text Messages and Video Recordings). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at info@gitmystride.com.

 

Electronic Communications

When you use the Digital Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Distinct Dermatology may contact you by telephone, mail, or e-mail to verify your information. Distinct Dermatology may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently used the Digital Services. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Digital Services until you provide the information to us as requested.

 

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, pandemics, strikes, fire, or other disaster.

 

External Services

The Digital Services may enable access to Distinct Dermatology’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Distinct Dermatology is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Digital Services or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Distinct Dermatology or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Distinct Dermatology or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that Distinct Dermatology is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Distinct Dermatology reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

 

Revisions; General

Distinct Dermatology reserves the right, in its sole discretion, to terminate your access to all or part of these Digital Services, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Distinct Dermatology and you pertaining to the subject matter hereof. In its sole discretion, Distinct Dermatology may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Digital Services after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within these Digital Services.

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