By using this Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Agreement”). These Terms and Conditions unconditionally extend and apply to all related applications, Internet service, Website extensions, as well as certain products and/or services offered through virtual medical consultation and evaluation services via Internet and/or telemedicine (“Service”, or “Platform”) sold and/or offered by Dermful. (“Dermful”, or “Company”). If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website and/or Service, and you may discontinue use immediately.
Terms and Conditions contained in this page shall govern your use of the Website and all of its content (collectively referred to herein as “Website”). These Terms outline the rules and regulations guiding the use of the Website located at https://www.dermful.com. All materials, information, documents, and/or services or all other entities (collectively referred to as “Content”) that appear on this Website shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and this Website constitutes an express agreement with all the Terms and Conditions contained herein in full. Supplemental terms and conditions or documents that may be posted time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. Do not continue to use this Website and/or Service if you have any objection to any of the Terms and Conditions stated on this page.
Dermful makes available to individuals who register as users of the Service (“Users”) certain products and/or services sold and/or offered by Dermful, or by third-party medical providers, pharmacies, or other vendors of the Company’s Service. The Company’s Service provides access to prescription fulfillment services offered by the following pharmacy: Chemistry Rx, located at 950 Henderson Blvd, Suite A, Folcroft, PA 19032, phone number (855) 790-0100 (the “Pharmacy”).
The Company may also provide you with access to one or more of the following medical groups who provide healthcare and/or other health services through the Platform (the “Medical Groups”): Beluga Health, P.A. These Medical Groups employ or contract with medical doctors, physicians, and other health professionals who offer certain healthcare and/or other health services through the Platform (“Providers”, or “Health Counselors”).
By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups, and/or Providers through the Platform are also subject to this Agreement, and that the Pharmacies, Medical Groups and Providers are third-party beneficiaries of this Agreement.
The Company does not control or interfere with the method and manner of facilitation and/or practice of medicine or other health care by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care, health care, and/or treatment they provide to you.
By accepting this Agreement, you acknowledge and agree that Dermful is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Dermful.
By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers. Further, the Company does not control or interfere with any professional service provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Service.
Dermful LLC currently offers its services to residents of the United States, with the exception of the following states and territories: Alaska (AK), Louisiana (LA), Mississippi (MS), New Hampshire (NH), and New Mexico (NM), Puerto Rico, Guam, U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands).
By accepting this Agreement, you acknowledge and agree that the Medical Groups and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You understand and agree that Dermful is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service..
You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Dermful nor the Medical Group nor any Provider will be responsible in any way and you will not hold Dermful, the Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group(s) or your Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with Dermful, by using the Service, you are establishing a direct customer relationship with Dermful to use the Service, including the purchase of any prescription and/or non-prescription products and/or non-medical services sold directly to you by Dermful via the Service. In connection with such a relationship, you may provide to the Company, or cause to be provided to the Company on your behalf, personal information, including health information, that is subject to use by the Company in accordance with its Privacy Policy. Please refer to the “Privacy Policy” section on the Company’s Website.
Where permitted under the applicable law, you and Dermful agree that by using this Website and entering into this Agreement that any disputes between you, Dermful, Pharmacies, Medical Groups, and/or Providers arising out of or related to these Terms and Conditions or the Service will be resolved by binding, individual arbitration and you waive your rights to a jury trial and to participate in a class action lawsuit or class-wide arbitration. You agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Dermful agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
You and Dermful acknowledge that before initiating any claim, you agree to first contact Dermful with a written description of the dispute, which shall include all relevant documents and information. You may send the written description of any dispute you have with Dermful by contacting our support team at contact@dermful.com.
Dermful will contact you by letter at the billing address or email address you provided to the Company. You agree to negotiate with Dermful or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within sixty (60) days after receipt of the written dispute, Dermful agrees to the dispute resolution provisions below.
If for some reason the dispute is not resolved within sixty (60) days after receipt of the written dispute, either party may commence arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION EXCEPT AS SPECIFIED HEREIN. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Dermful, 30 N Gould St Ste R Sheridan, WY 82801, ATTN: Dispute Notice. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Dermful LL . 30 N Gould St Ste R Sheridan, WY 82801, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and Conditions and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes, the provisions of this Arbitration Agreement as of the date you first accepted the Terms and Conditions (or accepted any subsequent changes to these Terms) remain in full force and effect. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms and Conditions.
Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Dermful currently does not ship internationally. Dermful reserves the right to reject orders where the delivery address is outside of the USA. We currently ship across the USA.
Your first order will not be processed or shipped until you've uploaded all required documents for verification (i.e., driver's license and photograph(s) of your head and hairline).
Monthly subscriptions are shipped to your Shipping Address every twenty-five (25) to twenty-seven (27) days, depending on your product, to ensure you receive your next month's supply of product promptly, preventing any interruptions in treatment. If you find yourself with a surplus of product, you can request to pause your subscription at any time. We recommend using your latest month’s supply for the best treatment efficacy. Please note that your next order will not be processed as long as your subscription is paused at least three (3) days before your next billing date.
Unless otherwise stated on the Website and/or Service at the time of purchase, Dermful reserves the right to add applicable shipping and handling fees to your order. Once your order is shipped, you will receive an email with a tracking number. Although Dermful may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. Dermful is not liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by Dermful. Once Dermful has released your order to a third-party carrier or delivery service, you are responsible for any issues with delivery. Dermful is not liable for delivery addresses entered incorrectly by the customer or third party on behalf of the customer. Please make sure to double check that you have inserted your delivery address correctly at checkout. If you need to make changes to your delivery address, you must do so at least three (3) days before your next billing date.
If you are dissatisfied with your Dermful product or service for any reason, please contact us at contact@dermful.com. Depending on the circumstances, we may replace any products ordered or provide you a full or partial refund of the purchase price at our sole discretion. Before we provide you a refund, replacement, or Credit, we may require that you return the product at your own expense and/or submit photographic documentation demonstrating the reasoning behind your dissatisfaction. All refunds will be made to the payment method used to purchase the order you are returning.
You are responsible for inspecting all Products for any damage or other issues upon delivery. You must contact Dermful at contact@dermful.com. within 7 days of receipt of the product to enable us to research and replace any damaged product.
Returns must be made within 30 days of the date your order was delivered. Refunds are limited to the amount paid for that month’s product. You are responsible for shipping unused portions of the product in its original packaging back to Dermful, and further are responsible for the shipping and handling costs of the return.
Results may vary per patient and are not guaranteed. The information on this Website and articles does not constitute medical advice and should only be used for informational purposes only. The information on this Website and articles is not a substitute for professional medical advice and should not be relied on to make medical decisions. Please make sure to discuss the risks and benefits of any treatment with your primary physician before beginning treatment.
The drugs, medications, and compounded formulas Dermful provides as hair loss treatment have side effects that all patients should be aware of prior to starting treatment. Per clinical studies, topical Finasteride has a lower risk of side effects but side effects may still occur. Any form of compounded prescriptions, such as topical Finasteride, Spironolactone, Dutasteride, Minoxidil, Retinoic Acid, Hydrocortisone etc., are not FDA approved. Oral Finasteride is FDA approved as an oral medication to treat androgenetic alopecia. It functions to block the conversion of testosterone to DHT at the hair follicle, which is thought to be the major contributor to androgenetic alopecia. Finasteride has not been FDA approved for topical use, but is commonly used in topical preparations for hair loss. Dutasteride has the same mechanism as Finasteride, but has a stronger ability to block DHT conversion. Dutasteride is FDA approved for the treatment of benign prostatic hyperplasia and is commonly used off-label orally and topically to treat androgenetic alopecia. Minoxidil is FDA approved as a topical preparation for hair loss (also called RogaineTM). Minoxidil is also FDA approved as an oral medication to lower blood pressure, but is commonly prescribed off-label to treat hair loss. When taken orally or applied topically, it functions to directly stimulate hair growth at the follicle. The side effects include, but are not limited to, the lists provided in the materials and emails supplied with your order. If you do not see them included, please contact Dermful immediately so that the Company can re-send them to you. By using Dermful, Users agree that in no event shall Dermful, its officers, directors, employees, health counselors, independent contractors or staff physicians or agents, be liable to you for any direct psychological, emotional, indirect, incidental, financial, special, punitive, or consequential damages whatsoever (including death) resulting from the purchase and use of products sold on this Website and/or Service.
Users understand and agree that Dermful is not responsible for any information provided by any Health Counselors. Dermful does not provide any medical services. Among other activities, Dermful provides a technology platform to enable coordination and communication with a health care provider. You understand that by coordinating and/or consulting with a healthcare provider through the Dermful platform, you are not entering into a provider-patient relationship with Dermful nor its Health Counselors as defined under US federal and state laws.
Whenever Dermful uses the words “your physician,” “your medical practitioner,” “your doctor,” “healthcare provider,” or similar words, including in this Agreement, the Company is referring to your primary care physician with whom you have of a mutually acknowledged, doctor-patient relationship within the state that you reside. Health Counselors on the Dermful platform are not “your” doctor, physician, medical practitioner, healthcare provider or dermatologist. Consultations with the Company’s doctors do not replace your relationship with any physician.Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account (including setting up an email and/or username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Dermful immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Dermful or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Dermful cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Dermful takes your privacy and the security of your health and other sensitive information very seriously. By using the Website, you acknowledge and agree that the transmission of information over the Internet and mobile networks is never completely private or secure. You understand that any message or information you send to Dermful and/or the Website may be read and intercepted by others, even if there is a special notice that a particular transmission is encrypted. Text messages and emails that you send to or receive from Dermful are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending and/or receiving text messages between you and Dermful that are not encrypted. Likewise, by emailing Dermful or giving Dermful your email, you consent to receiving unencrypted emails messages from Dermful. Cancellations, Payments, and Recurring Payments
After signup, your My Account page will show your last order date and future payment date(s) under the Subscriptions tab will show your last order date and future payment date(s). You can change address, renew, or change payment method from this page by logging in. ANY ORDER(S) IDENTIFIED AS “PROCESSING” OR “SHIPPED” ON YOUR UPCOMING PAGE, HOWEVER, CANNOT BE CANCELED.
In order to cancel your upcoming order before it is processed or shipped, you must contact Dermful at least three (3) days before the next billing date. You also have the option to postpone your next billing date by logging in and adjusting the date under the Subscriptions tab of the Your Account page any time before the order is placed. You will be responsible for all the charges related to any order identified as "PROCESSING," "SHIPPED," OR "COMPLETED" prior to the cancellation of your subscription.
If you are enrolled in the Auto-Replenish plan and have provided a valid payment method, each payment will be automatically processed at the time of each subscription renewal or installment and be billed to the payment method provided on the Account Info tab of the My Account page online.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AUTO-REPLENISH PLAN, YOU MUST CONTACT CUSTOMER SERVICE AT LEAST THREE (3) DAYS PRIOR TO THE NEXT DATE OF BILLING ("BILL DATE") TO ENSURE YOUR ORDER DOES NOT PROCESS.
You may do so by contacting contact@dermful.com
Dermful does not accept orders from dealers, wholesalers, or customers who are resellers. Note that resale of Dermful’s products is a violation of terms and your services will be canceled without refund should the Company detect such behavior.
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor the Company’s Privacy Statement apply to Dermful’s External Social Media Presence. The Website(s) and platforms that host Dermful’s Social Media Presence are not controlled by the Company and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Dermful. Comments that some would consider inappropriate or offensive may appear on Dermful’s Social Media Presence and may remain there until they have been identified by the Company or called to the Company’s attention and the Company is able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on Dermful’s Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
Dermful will notify you if any item is not available with the expected availability date and may offer you an alternative product. If the availability of the Platform or any product or service is delayed and you do not wish to substitute the product/service, Dermful will cancel your order upon your request, and if previously charged, your credit card will be fully refunded for that specific order.
It is against Dermful’s terms of service to cancel and reactivate subscriptions on a monthly basis in order to qualify for the first time or returning patient discount. Please note that we offer discounts on bulk orders. Contact Dermful at contact@dermful.com. for more information.
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures. By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
Prohibited Activity
Copyright Infringement and Access to Unauthorized Material
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:Any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products. This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.
Unethical, Exploitative, and Malicious Activity
Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate
this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.
Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).
Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.
Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.
Other activities considered unethical, exploitative, and malicious include:
Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
Any act or omission in violation of consumer protection laws and regulations;
Any violation of a person’s privacy.
Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
We prohibit the impersonation of Dermful, Inc., the representation of a significant business relationship with Dermful, Inc., or ownership of any Dermful, Inc. property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.
Disclaimer of Warranties
THE SERVICE, WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE SERVICE AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DERMFUL, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “DERMFUL PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE, WEBSITE AND PRODUCTS.
