This website, located at www.eczemaspecialist.com (“Site,” and, collectively with any affiliated mobile application, the “Site”), is owned and operated by JAVW Holdings, LLC, d/b/Dr. John Van Wagoner, Eczema Specialist(“ES”, “we,” or “us” ). ES specifically includes its agents who utilize this website portal.
This Site facilitates the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on health care and wellness (“Content”), (ii) development and gathering of healthcare records and health care information with retention of the same for use in Physician and other healthcare provider appointments and communications, (iii) administrative support in connection with scheduling and payment for healthcare provider services, and (iv) telecommunications support for using the Service as a means of direct access to healthcare providers for communication, consultations, assessments, and treatment.
IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL 911
THIS SITE ENABLES COMMUNICATION WITH PHYSICIANS AND OTHER HEALTH CARE PROVIDERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROVIDER IN THE STATE IN WHICH YOU RESIDE. THE COMMUNICATION BETWEEN YOU AND THE HEALTH CARE PROVIDER ON THIS SITE IS OF A GENERAL NATURE AND DOES NOT ESTABLISH A PATIENT TO DOCTOR RELATIONSHIP IN ANY FORMAL OR INFORMAL MANNER, UNLESS YOU RESIDE IN THE STATE OF TEXAS, NEW YORK, NEW JERSEY, CALIFORNIA, FLORIDA, OHIO, OKLAHOMA, PENNSYLVANIA, ILLINOIS, VIRGINIA OR MICHIGAN, UNITED STATES. THE HEALTH CARE PROVIDER ON THIS SITE DOES NOT PROVIDE MEDICAL ADVICE, CARE, DIAGNOSIS OR TREATMENT TO ANY PATIENT THAT DOES NOT RESIDE IN THE STATE OF TEXAS, NEW YORK, NEW JERSEY, CALIFORNIA, FLORIDA, OHIO, OKLAHOMA, PENNSYLVANIA, ILLINOIS, VIRGINIA OR MICHIGAN. FOR THOSE PATIENTS THAT RESIDE OUTSIDE THE STATE OF TEXAS, NEW YORK, NEW JERSEY, CALIFORNIA, FLORIDA, OHIO, OKLAHOMA, PENNSYLVANIA, ILLINOIS, VIRGINIA OR MICHIGAN, ALL OF THE COMMUNICATION IS MEANT TO BE TAKEN AS A GENERAL RECOMMENDATION THAT SHOULD BE THOROUGHLY AND ENTIRELY DISCUSSED WITH YOUR OWN PRIMARY CARE PROVIDER IN YOUR LOCAL STATE/COUNTRY.
ACCEPTANCE OF USE AND TERMS
YOUR RELATIONSHIP WITH ES
ES provides a platform for you to communicate in a general nature with our Health Care Provider that is not meant to establish a doctor and patient confidential relationship. You understand that by communicating with our Health Care Provider through the Site, you are not entering into a provider/patient relationship with ES and or the Health Care Provider from this site. You understand that the Health Care Provider from our site may send you messages, reports, and e-mails via the Site regarding the general nature of your condition. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
DUTY TO PROVIDE INFORMATION AND ACCESS
If you communicate with the health care provider through the Site, you have a duty to provide appropriate real time audio and/or video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your healthcare provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests.
PASSWORD ACCOUNTS, PASSWORDS, AND SECURITY
By registering on the Site, users can receive access to the password-protected portions of the Site. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify ES of any unauthorized use of your account or any other breach of security of which you become aware involving or relating to the Site by contacting us. In addition, you agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. ES explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
INTELLECTUAL PROPERTY RIGHTS
Certain trademarks on the Site are the service marks and trademarks of ES or its licensees. The domain name for the Site, the ES logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of ES. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of ES.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page of the Site, must be obtained from ES or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from ES should be submitted via our contact form. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to ES.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
ES respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and ES asks our users to do the same. ES therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. ES shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to ES via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by ES to be made accessible to a user, (vi) to obtain any materials or information through any means not intentionally made available by ES or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not: (a) Upload or transmit any message, information, data, text, software or images, or other content. that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any ES representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) Violate any applicable local, state, national or international law; (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) Delete or revise any material posted by any other person or entity; k) Manipulate or otherwise display the Site by using iframing, mirroring or similar navigational technology; l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; (m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) Harvest or otherwise collect information about others, including e-mail addresses; or (o) Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site.
ES reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. ES may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
RIGHT TO MONITOR
NO ES EDITORIAL CONTROL OF THIRD PARTY CONTENT; NO STATEMENT AS TO ACCURACY
To the extent that any of the Content included in the Site is provided by third party content providers or other Site users, ES has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third party suppliers or users on this Site are those of such professional, third party suppliers or users, respectively. ES does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with ES.
LINKS TO THIRD PARTY SITES
Content and other information contained on this Site is provided by ES as a convenience to its Users. Users relying on Content or other information from this Site do so at their own risk.
THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. ES MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ES OR ITS AGENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, OR INFORMATION GAINED VIA CONTACT WITH THIS WEBSITE OR ITS PORTALS WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ES ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. NEITHER ES NOR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GOVERNING LAW; MEDIATION; LEGAL ACTIONS;VENUE; WAIVER OF JURY TRIAL; SEVERABILITY OF PROVISIONS
Mediation – The Parties agree to submit any claim or dispute between them to non-binding mediation. The Party seeking mediation must submit its demand to the other party in writing, via certified mail, return receipt requested. The Parties shall submit their dispute to a mutually agreeable mediator within sixty (60) days of said notice. Any such mediation shall be held in Collin County, Texas, unless otherwise agreed in writing, and shall be conducted according to the mediation rules of the National Arbitration Forum or the American Arbitration Association. Each Party shall bear its own mediation costs. Prior to and during mediation, the Parties agree not to disparage one another in a public forum, including, but not limited to, the internet, social media sites, the Better Business Bureau, Yelp, Yahoo, Bing, Google, Facebook, or Twitter, by way of example.
If the claim or dispute is not fully resolved by meditation, either Party may file a legal action in the state or federal courts located in Collin, County Texas. The Parties agree that the sole and exclusive venue for the adjudication of any claims or disputes between them is Collin County, Texas and the parties expressly waive their rights to adjudicate any claims or disputes between them in any other forum or venue.
WAIVER OF JURY TRIAL – THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THEIR RELATIONSHIP. THE PARTIES ACKNOWLEDGE THAT A RIGHT TO A JURY IS A CONSTITUTIONAL RIGHT AND THAT THIS JURY WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY BY ALL PARTIES TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
NO AGENCY RELATIONSHIP
Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093
WHAT INFORMATION DO WE COLLECT?
In general, you can visit the Site without telling us who you are or revealing any personally identifiable information about yourself. However, you should be aware that sections of the Service (including restricted portions of the Site) allow for the submission of and collection through use of the Service of personally identifiable information, including, but not limited to: (1) your name and contact data (such as your e-mail address, phone number, and billing and physical addresses); (2) your login and password; (3) demographic and health and wellness data (such as your gender, date of birth, wellness background, weight, height, lifestyle information, medication history, and zip code); (4) your communications with a physician or other Health care provider conducted through the Service; and (5) any information you provide when you contact or communicate with us (credit card data). We may also collect information from you necessary to provide you with services you request from physicians and other Health care providers available on the Service, which may include, but is not limited to: (a) payment information; (b) insurance information; and (c) health and medical data (such as previous doctors or other healthcare providers you visited, your reason for visiting a healthcare provider, date of visit, medical history and condition, medications, images or videos and other medical and health information you share with us).
To protect your security and privacy, we require that you or your legal representative (as opposed to a third party on your behalf) enter the personally identifiable information that we collect and that the information be current. ES disclaims any legal duty to verify the accuracy of any personally identifiable information that you provide beyond what may be required by law for the particular purpose for which the information is to be used.
In addition to the information we collect directly from you, we may also collect certain information from physicians and other Health care providers who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, the Health care provider’s diagnoses, treatment plans (including prescription details) and notes. We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.
We may automatically collect certain information from your device through which you access our Service. This information includes, but is not limited to, your language preferences, your phone number or other unique device identifier (the International Mobile Equipment Identity or the Mobile Equipment ID number), the IP address of your device, the manufacturer, model and operating system of your device, the name and version of the Service you are using, information regarding your browser and information that allows us to personalize the Service. We or our service providers may also collect information about how you interact with the Site, the Service and any other websites to which the Service or Site links, such as how many times you use a specific part of the Site or Service, the amount of time you spend using the Site or Service, how often you use the Site or Service, actions you take in the Site or Service and how you engage with the Site or Service. For more details about this type of data collection, please refer to the section below on cookies and web beacons.
We will obtain information regarding your location or the location of your device through which you access the Site or Service. Information regarding your location will be obtained directly from you when you provide us with your zip code. Alternatively, the Site or Service may obtain precise information about the location of your device with your express consent. Once you have consented to the collection of the precise location of your device, you may adjust this consent by managing your location services preferences through the settings of your device.
HOW DO WE USE YOUR INFORMATION?
We use information regarding your location or the location of your device through which you access our Site or Service for a number of purposes, including, but not limited to: (a) identifying physicians and other Health care providers who may provide you with healthcare services; (b) providing you with a list of nearby pharmacies that may fulfill any prescriptions provided to you by your physician or other Health care provider; (c) identifying other Health care providers whom you may visit at the recommendation of your physician or other Health care provider; and (d) analyzing the demographics of the individuals who access the Site and use the Service.
HOW DO WE DISCLOSE YOUR INFORMATION?
We may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information to: (a) our third- party service providers that provide services such as the hosting of our Site or Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services; (b) Health care providers to schedule and fulfill appointments and provide health care services as part of the Service; (c) Health care providers to whom you send messages through our Service; (d) Health care providers for other treatment, payment or healthcare operations purposes upon your request; (e) third parties as we believe necessary or appropriate to comply with applicable laws; and (f) to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock.
ES has a general policy of not disclosing your information to third parties unless you have consented to such sharing. However, we may share the information about you that you provide to us with other companies collecting and using the information you provide to us to better understand the offers, promotions, health and wellness benefits, insurance trends, employer related trends, and types of advertising that are most appealing to our customers. After the information is collected by these third parties, it is aggregated so it is not personally identifiable or tied to you or any other user.
We may also collect and group demographic and preferences information, responses to surveys and other personally identifiable information that we collect from you into an aggregate, non-personally identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors, regulators as part of further product development, including as part of a pre-market submission with the FDA, or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other parties participating in the Service.
When you submit personally identifiable information to us as part of the Service, you may be given an opportunity to opt in to receiving additional information from or on behalf of ES and/or selected third parties. If you opt in, you may be added to our list of Secure Users who will receive additional features, promotional and marketing communications from us, our partners and/or other third parties. If you initially opt in to receiving such communications and you later decide that you no longer want to receive them, you may opt out of receiving promotional and marketing communications from us and/or our partners and other third parties by contacting us. If you discontinue your use of the Service for a period of ninety days or more we may require you to re-register or otherwise stop communicating with you electronically.
HOW DO WE STORE INFORMATION?
USE BY MINORS
Even though ES may not be a “covered entity” as defined in HIPAA, any physician or other Health care provider engaging through our Service may be a “covered entity” and therefore subject to the provisions of HIPAA from time to time. If you are using the Service, your acceptance of the Terms of Service and this notice incorporates your acceptance and consent to the Dr. John Van Wagoner, Eczema Specialist Professionals Privacy Notice and Consent included on the Site. This notice describes how your physician or other Health care provider uses and discloses your protected health information (“PHI”). ES has agreed that its collection, use and disclosure of your PHI on behalf of your Health care provider will be done consistent with the Dr. John Van Wagoner, Eczema Specialist Professionals Privacy Notice except to the extent you have expressly authorized additional uses and disclosures.
COOKIES AND WEB BEACONS
We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on our Service is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.
SECURITY OF INFORMATION AND DISCLOSURES
ES uses industry standard security measures to safeguard information concerning, and submitted by, users like you. Despite the security measures employed by ES, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet or as part of a mobile application.
We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your password secure and your account confidential, and you are responsible for any and all use of your account. If you have reason to believe that the security of your account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.
When using our Service, you may choose not to provide us with certain information, but this may limit the features you are able to use. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you service-related communications.
If you reside in Texas and have provided your personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted in writing using the email address in the “Contacting Us” section below.
Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093
Last Revised: April 26, 2017