Last updated: Mar 13, 2026
Welcome to Honeydew!
Please read these Terms of Service (the “Terms”) carefully. Your use of the Site (as defined below) constitutes your consent to these Terms.
These Terms govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by AcneAway, Inc. dba Honeydew (referred to as “Company”, “we,” “us,” “our”, and “Honeydew”), including https://honeydew.com, and any future websites (collectively, the “Site” or “Website), as well as the services (provided by both Company and Provider Group, as defined below), resources, and products available to registered users (“Users”) through the foregoing (collectively, the “Services”). The Services may include: telecommunications support for using the Services as a means of direct access to health care providers (“Providers”) provided by Provider Group (defined below) for communication, consultations, assessments, and treatment by such Providers; providing individuals with access independent pharmacy services; administrative support in connection with scheduling, payment for Provider services, and payment for pharmacy services; providing individuals with information on health care and wellness; and/or providing access to certain over-the-counter third-party skin care and personal products.
Your acceptance of, and compliance with, these Terms is a condition to your use of the Services and purchase of products on the Site. By clicking “I accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms. If you do not agree to be bound by these terms, you are not authorized to access or use the Services. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s lawful parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. For purposes of this Privacy Policy, “you” means you on behalf of yourself and your Family Members, including your minor children.
Binding Arbitration and Class Action Waiver. These Terms provide that all disputes between you and Company and Provider Group that in any way relate to these Terms or your use of the 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. 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 Sections below entitled Dispute Resolution and Class Action Waiver for the details regarding your agreement to arbitrate any disputes with Company and/or Provider Group.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The Services are not for medical emergencies. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Services. If you believe you have an emergency, call 9-1-1 immediately. If you are not feeling well, please contact your primary care physician.
Services
Honeydew makes available to Users certain products and services sold or offered by Honeydew or by third party medical providers, pharmacies, laboratories, suppliers, manufacturers or other vendors via our Services.
You understand that the teledermatology services and any prescription products made available through the Website are provided by affiliated professional entities and pharmacies, respectively, rather than by Company and that Company is not itself a healthcare provider. Company does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with your care by the Providers. Company does not manufacture any of the products sold on the Site.
Healthcare Services
Honeydew offers an online communication platform for Providers and their patients to connect via the Site through the use of synchronous audio-visual, audio-only and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
Honeydew does not provide medical advice or care. Honeydew contracts with independent, physician-owned medical groups, Honeydew Medical Group, P.A., Honeydew Medical Group CA, P.C., Honeydew Medical Group NJ, P.C., and Remote Dermatology, P.C. (collectively, the “Provider Group”), which has a network of Providers who provide clinical teledermatology services. All care and treatment issues are between you and your Provider. The Providers, and not Honeydew, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a Provider comes from them alone. Neither Honeydew nor any third party who promotes the Site or Service or provides you with a link to the Service shall be liable for any professional advice you obtained from a Provider via the Services, nor for any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all associated risks. Company does not make any representations or warranties about the training or skill of any Providers who deliver Services. You understand that by coordinating and in certain cases consulting with an affiliated Provider through the Services, you are not entering into a provider-patient relationship with Honeydew.
You understand that the Website facilitates consultations limited to the diagnosis and treatment only of certain skin conditions, including but not limited to acne, psoriasis, hair loss, eczema (atopic dermatitis), tinea versicolor, rosacea, hidradenitis supparativa, and onychomycosis. Treatment for skin cancer is not available on the Website.
You understand that the Services are not a substitute for the in-person treatment or advice of your local dermatologist, primary physician, or any other qualified healthcare professional. Neither Company, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice rendered by a Provider via the Services. Company does not recommend or endorse any specific tests, medications, products, treatments, therapies, or procedures. You acknowledge that Company assumes no responsibility for the risks associated with a User’s reliance on any information delivered by you via the Services by the Providers. You should continue to consult with your primary dermatologist, primary physician 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 modification.
The content of the Site and the 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 by Honeydew. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Honeydew, or in connection with any communications supported by Honeydew, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
All information you provide to Honeydew must be true, accurate, current, and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current, and complete, as long as you are using the Website. If we have reasonable grounds to suspect such information is not true, accurate, current, or complete, we may deny or terminate your access to the Website (or any portion thereof) in our sole direction, subject to compliance with any notice or waiting period provided by applicable law.
Pharmacy Fulfillment
Certain of Honeydew’s Services provides access to prescription fulfillment services offered by third-party pharmacies. Any prescription medication made available through the Website or Services is dispensed solely by an independently licensed third-party pharmacy (each, a “Pharmacy”). No Pharmacy is owned or operated by the Company or the Provider Group, and no Pharmacy acts as the agent of the Company or the Provider Group.
The Pharmacy is solely and exclusively responsible and liable for all aspects of prescription medication fulfillment, including, without limitation: (i) Compounding, dispensing, labeling, packaging, storage, handling, and delivery of medications; (ii) Compliance with all federal, state, and local pharmacy laws and regulations; (iii) The safety, quality, accuracy, potency, and legality of dispensed medications; (iv) Pharmacist counseling, medication instructions, and patient disclosures; (v) Any errors, omissions, defects, adulteration, contamination, mislabeling, or delays; and (vi) Any adverse events, side effects, injuries, losses, or damages arising from or related to the medication.
To the maximum extent permitted by applicable law, the Company and the Provider Group expressly disclaim and shall not be liable for any claim, injury, loss, damage, or expense arising out of or relating to prescription medications or Pharmacy services, whether sounding in product liability, negligence, strict liability, warranty, consumer protection, or otherwise. All such claims must be asserted solely against the applicable Pharmacy or manufacturer, as appropriate.
Where Pharmacy Services are provided under a white-label or private-label arrangement, users acknowledge that: (i) The dispensing Pharmacy remains an independent, licensed pharmacy; (ii) Branding or presentation does not alter the Pharmacy’s legal responsibility; and (iii) Liability for medications remains solely with the Pharmacy, regardless of branding, logistics, or administrative coordination by the Company.
The Company and the Provider Group make no representations or warranties of any kind with respect to prescription medications or Pharmacy Services, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
Products
Honeydew may offer for sale or otherwise make available certain over-the-counter skincare, cosmetic, or personal care products that are manufactured, distributed, or supplied by third parties (“Skin Care Products”). Neither Honeydew, Provider Group, nor the Providers manufacture, formulate, test, label, or control any Skin Care Products. All Skin Care Products are provided by independent third-party manufacturers and are sold on the Site solely as a convenience to Users.
The inclusion, display, or sale of any Skin Care Products on the Website does not constitute and shall not be construed as a recommendation, endorsement, prescription, or medical advice by the Provider Group or any Provider. Users acknowledge that Skin Care Products are not a substitute for professional medical advice, diagnosis, or treatment, and that any use of such products is at the user’s sole discretion and risk.
Users are solely responsible for:
To the fullest extent permitted by applicable law, Honeydew and Provider Group disclaim all responsibility and liability for the design, manufacture, labeling, marketing, safety, quality, efficacy, or compliance of any Skin Care Product, including but not limited to claims arising from: (i) Product defects or failures; (ii) Adverse reactions or side effects; (iii) Inaccurate or incomplete product information provided by the manufacturer; or; (iv) Non-compliance with applicable laws or regulations. Any claims, warranties, or representations related to Skin Care Products are the sole responsibility of the applicable manufacturer or supplier.
Skin Care Products are provided “as is” and “as available,” without any warranties of any kind by the Company or the Provider Group, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Not an insurance product
Neither Honeydew nor the Provider Group are insurers. The Services are not insurance products, and the amounts you pay to Honeydew are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Availability of Services
Honeydew and Providers operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. For a list of current operational states, please review our FAQs. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Privacy practices
Your submission of information through the Website is governed by Company’s Privacy Policy, located at Privacy Policy and the Notice of Privacy Practices. You represent and warrant that any information you provide in connection with the Website is and will remain accurate and complete and that you will maintain and update such information as needed.
User Accounts: Security and Restrictions
Prior to receiving and in order to receive a consultation with a Provider, you must create a User account (an “Account”) by registering through the Services, and providing us with true, accurate, and complete information as requested on the registration page and medical history questionnaire (“Tell us about your skin”).
You must promptly update all registration information to keep it true, accurate, and complete. Should we suspect that any registration information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Services.
Your Account and password are personal to you, and you are responsible for maintaining the confidentiality of your Account password, and for all activities that occur under your Account. You may not transfer or share your Account password, and agree to prohibit anyone else from using your Account. Honeydew reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including the right to revoke your access to the Site with or without cause. Under no circumstances shall Honeydew be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or your release of your Account or Account password to a third party.
Children Under the Age of 13 and Majority
Children under 13 years of age are not authorized to create a Honeydew account and may not use the Services without the supervision and verifiable consent of a parent or legal guardian. Parents or legal guardians must create an account on behalf of their children under 13 and supervise use of the Services. If you register as the parent or legal guardian on behalf of a child under 13, you will be fully responsible for complying with these Terms and as part of the Services and acknowledge that we will collect personal information about your child.
IF YOU ARE UNDER THIRTEEN, DO NOT CREATE AN ACCOUNT AND DO NOT USE THE SERVICES UNLESS YOU ARE LOGGED INTO YOUR PARENT’S ACCOUNT WITH THEIR SUPERVISION. A parent or legal guardian of an individual under the age of thirteen (13) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of thirteen (13) and believe that such individual has used the Website without your consent or authorization, please contact us at info@honeydewcare.com. We have the right to terminate your Account without warning or notice to you if we have reason to believe that you are in breach of these representations and/or if any registration information (as defined below) is false or inaccurate.
Children under the age of eighteen (18) may not receive medical or healthcare services without verifiable consent of a parent or legal guardian.
User Guidelines: Access Rights and Restrictions
The Services are for the personal use of Users only and Users may not use them in connection with any commercial endeavors. You represent and warrant that you will use the Services solely for your own personal benefit and that you will not resell or distribute the Services. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (ii) introduce software or automated agents to the Services so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Services. You will not attempt to impersonate another User or person, including, without limitation, any employee of Honeydew. At all times, you will use the Services in a manner consistent with any and all applicable laws and regulations.
Honeydew reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third parties, including removing such content from the Services, notifying the appropriate authorities, barring violators from accessing the Services, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by Honeydew, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates potential liability for Honeydew.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identity or falsely state or misrepresent your current location, medical history, information about your medical condition, or your affiliation with a person or entity; (iii) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code or information on, or received by this Site; or (iv) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.
Honeydew reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Violations of system or network security may result in civil or criminal liability. Honeydew 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 this Site or any activity being conducted on this Site.
Consent to receive calls and text messages
By providing your phone number, you are agreeing to be contacted by or on behalf of Honeydew and Providers at the number you have provided, including calls and text messages, to receive information (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply. You can opt out of receiving further calls and/or texts from us by contacting info@honeydewcare.com or 1-516-210-5600. Please note, that by withdrawing your consent, some 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.
Electronic Communications
When you use the 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. Company, Medical Group or a Provider may contact you by telephone, mail, or email to verify your account information. Company, Medical Group or a Provider may request further information from you and, you agree to provide such information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested.
Online payments
Telehealth services provided by Honeydew and Provider Group on the platform are not covered by any health insurance plans or government payors. By choosing to use our telehealth services, you are specifically choosing to obtain these services on a cash basis. Thus, you are solely responsible for the costs of any service or products that we provide to you.
By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You understand and agree that you are responsible for all fees due for health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Honeydew may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Honeydew collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Honeydew and you may be separately charged by the applicable health care providers for such services.
If a credit card account is being used for a transaction, Honeydew may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, 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.
It is your responsibility to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your credit card information is canceled or is no longer valid (e.g., loss or theft). Changes to such information can be made at Honeydewcare.com under Payment Information under your account tab. Honeydew and the Providers have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
You represent and warrant that if you are making online payments that: (a) any credit card, debit card, and bank account information you supply is true, correct, and complete; (b) you have sufficient authorization to use any applicable credit card, debit card, or bank account to make online payments; (c) charges incurred by you will be honored by your credit/debit card company or bank; and (d) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes.
Subscription, caps, cancellations, refunds
If you purchase a subscription offering on Honeydew, your subscription will automatically renew on each monthly, multi-month or annual anniversary date of the subscription, as applicable. By submitting payment demonstrating your consent for automatic monthly, multi-month or annual renewal of your subscription, as applicable, Honeydew will charge your payment method with the applicable subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments without any further action by you.
Honeydew has the below subscription options:
You may cancel your membership at any time after the 3-month mark for the monthly plan and any time for the annual plan by logging into your account page on www.honeydewcare.com and sending a message to Honeydew support from within your account or email membership@honeydewcare.com. Cancellation requests submitted must be received at least two full calendar days prior to your next billing date to avoid being charged for the following billing cycle. Cancellation requests received after that shall take effect the following billing period. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.
If you purchase a monthly subscription and fail to uphold your 3-month minimum commitment, you agree to pay a $26 penalty.
Honeydew will issue a subscription refund to you if you have not yet engaged with the Providers or care team, or if you purchased a subscription but could not receive care due to age or location restrictions.
Purchase of a subscription does not guarantee that a User will be prescribed any medication. Any decision to prescribe, modify, or discontinue medication is made solely at the independent clinical judgment of a User’s Provider, based on the Provider’s evaluation of the User, applicable standards of care, and all relevant medical information.
In the event you have received credits to your account from Company, you must redeem such credits within twelve (12) months of the date received. If such credits are not redeemed within twelve (12) months, you forfeit your right to use such credits.
Any refunds for medications or laboratory orders for purchases processed through the Website will be subject to the policies of the applicable Third Party. Honeydew cannot provide refunds for these items and services.
Intellectual Property; Ownership of the Services, Content, and Related Materials; Additional Restrictions
Subject to applicable law, Company and Provider Group, as applicable, retain all right, title, and interest in and to the Services, Content, and any information, products, documentation, material available for download, software, or other materials on the Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Services licensed by Company and Provider Group (in that case, the license provider retains all right, title, and interest therein). The information available through the Services is the property of Company and Provider Group, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Company’s and/or Provider Group’s trademarks, service marks, and logos are strictly prohibited without the prior written permission of Company and/or Provider Group, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Services. Nothing contained on the Services should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Services without the written grant thereof by Company, Provider Group, or the third-party owner of such trademarks, service marks, and/or logos. The Services may contain other proprietary notices and copyright information, the terms of which you agree to follow. The Services are protected by United States and international copyright and trademark laws.
Subject to these Terms, Company and Provider Group grant you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the Services. All rights not expressly granted to you in these Terms are reserved and retained by Company, Provider Group or their licensors, suppliers, publishers, rights holders, or other content providers. Neither the Services, nor any part of Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company and/or Provider Group. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or Provider Group without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company’s or Provider Group’s name or trademarks without the express written consent of Company and/or Provider Group. You may not misuse the Services. You may use the Services only as permitted by law.
You are permitted to use the content, resources, and information on the Services (“Content”) only in connection with the Services and are prohibited from making any alterations, additions or other modifications to the Content. You are expressly prohibited from using the Content commercially or for monetary or other reward. Unauthorized use of Content may be a violation of federal and state laws and could result in civil and criminal liability. Nothing contained in these Terms will affect, impair, or limit in any way Company's or its affiliates’ rights to exploit fully any or all of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
You may provide suggestions, comments, or other feedback (collectively, “Feedback”) to Company with respect to its products and services, including the Services. Feedback is voluntary. Company may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Company an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Company’s business, including the enhancement of the Services.
Intellectual property Infringement
We disclaim any responsibility or liability for copyrighted materials posted on the Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Services
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by sending us a notice ("Copyright Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Copyright Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Copyright Notice, with all items completed, to our Copyright Agent:
claims@honeydewcare.com
User Information
If you submit, upload, post, or transmit any health or psychiatric information, medical and psychiatric history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Services (“User Information”), you agree not to provide any User Information that: (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Services users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Company and Provider Group that you have the legal right and authorization to provide all User Information to Company and the Providers for use as set forth herein and required by Company and the Providers.
If you are a User, in the event that Company and/or Provider Group de-identifies and anonymizes your information such that it is no longer considered PHI or PII, and as such, does not contain any reference to you as a User, you give to Company and Provider Group full rights to use modify, adapt, enhance, create derivative works and/or other improvements, transmit and distribute this de-identified and anonymized information and perform all acts with respect to said as may be necessary to provide the Services. Company may collect, compile and use this de-identified and anonymized information for purposes including but not limited to analytics, research, preparation of case studies and other educational and research related publication and usage.
You agree to defend, indemnify, and hold harmless Company and the Providers from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Services.
Accuracy of Information; Functionality
Although Company attempts to ensure the integrity and accuracy of the Services and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Services, Service descriptions, and other Content on the Services. It is possible that the Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Services may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or content posted to the Services from any non-Company affiliated third party.
Company and Provider Group each reserves complete and sole discretion with respect to the operation of the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Services in accordance with our internal record retention and/or destruction policies.
Warning About Sending Health Images
We may request photos of skin conditions in connection with providing clinical care. While we invite you to share information that is relevant to Provider Group’s provision of care, please do not send photos of the private reproductive areas of your or your Family Member’s body to us via any medium, including our Site, SMS text or email. We understand that the photos may be relevant to your or your Family Member’s condition, but we do not want these photos falling into the wrong hands. In addition, some network providers have algorithms in place to detect obscenity sent through SMS text or email; we do not want a well-intentioned photo to trigger an investigation for obscenity (for us or you). You should discuss the condition with a Provider before sending any photos and then only send photos as requested by the Provider.
Links to Other Sites
Honeydew and Provider Group make no representations whatsoever about any other website that you may access through this Site. When you access a non-Honeydew site, please understand that it is independent from Honeydew, and that Honeydew has no control over the content on that website. Descriptions of, references to, or links to products, services or publications within the Services do not imply endorsement of that product, service or publication. It is up to you to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk and are subject to the terms and conditions of use for such sites. Company and its affiliates do not control any of these third party websites or services, or any of their content. Accordingly, you understand and agree that neither Company, Provider Group nor their affiliates are responsible for your use of these third party websites or services, and that your use of such sites, streams, or services is subject to the terms and conditions established by such third parties. Company reserves the right to terminate a link to a third party website at any time.
Third-Party Goods and Services
Parties other than Honeydew, including certain Pharmacies, Provider Group, Providers, and Skin Care Products suppliers and manufacturers provide, services or sell products through the Service (collectively, “Third Parties”), and Honeydew may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Honeydew shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Services, including any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that Honeydew is under no obligation to become involved in such dispute, and you hereby release and indemnify Honeydew, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Honeydew Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Services or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Honeydew’s shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more Third Parties and may profit from your use of the Third Parties and/or the sale of Third-Party Goods and Services to you.
Disclaimer of warranties
HONEYDEW DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS 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. HONEYDEW DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES.
HONEYDEW 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 BACKUP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY COMPANY OR PROVIDER GROUP ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY COMPANY, PROVIDER GROUP OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. COMPANY AND PROVIDER GROUP DO NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH THE SERVICES MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. COMPANY AND PROVIDER GROUP DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
Limitations of liability
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
Indemnification
You agree to defend, indemnify, and hold harmless Honeydew, Provider Group, the Providers, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or in 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 Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Honeydew, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including, without limitation, infringement of third-party intellectual property rights, privacy rights, or negligent or wrongful conduct.
To the extent applicable, you will obtain Company’s prior written consent to any settlement or judgment in which you agree to any finding of fault of an Indemnified Party or defect in the Services. Company will promptly notify you in writing of any claim subject to this indemnification, promptly provide you with the information reasonably required for the defense of the same and grant you exclusive control over its defense and settlement.
Dispute Resolution
We will try to work in good faith to resolve any issue you have with the Site, including Services purchased through the Site, if you bring that issue to our attention by emailing support@Honeydewcare.com. 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 HONEYDEW AND PROVIDER GROUP 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 SITE, INCLUDING SERVICES PURCHASED THROUGH THE SITE, 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. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. 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 you 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 though 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 Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Honeydew and Provider Group 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 Service and any other contractual relationship between you and Honeydew and Provider Group.
If you desire to assert a claim against Company or Provider Group, and you therefore elect to seek arbitration, you must first send to Company, by certified mail, a written notice of your claim (“Notice”). The Notice to Company should be addressed to: claims@honeydewcare.com (“Notice Address”). If Company or Provider Group 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 Company or Provider Group, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Company or Provider Group and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company or Provider Group may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or Provider Group 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 Company receives notice at the Notice Address that you have commenced arbitration, Company or Provider Group may 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 laws of the state of New York, 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, 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. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Company or Provider Group and you agree otherwise, any arbitration hearings will take place in New York, New York (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. 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.
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 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 New York, New York.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HONEYDEW AND PROVIDER GROUP AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR CONSOLIDATED REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM RELATING OR ARISING OUT OF THESE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED BETWEEN THE YOU AND COMPANY AND/OR PROVIDER GROUP. TO THE EXTENT YOU OR HONEYDEW OR PROVIDER GROUP IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Governing Law
You, Honeydew and Provider Group agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of New York apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of New York.
Application support
All questions and requests relating to Site support must be directed to Honeydew. To submit a support request, please email us at support@honeydewcare.com. Honeydew will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
Assignment
You may not assign, transfer, or delegate the Terms of Service or any part thereof without Honeydew’s prior written consent. Honeydew may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Service will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
Right to modify Terms of Service
We may change these Terms of Service from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Website. Your use of the Website following any changes to these Terms of Service will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms of Service were last changed.
Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms 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 shall otherwise remain in full force and effect. These Terms along with the other Company and Provider Group’s intake agreements constitute the entire agreement between Company, Provider Group, and you pertaining to the subject matter hereof.
CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Company and the Providers are 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 Section above (“Consent to Receive Calls and Text Messages”). Emails, 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 email 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 hello@honeydewcare.com.
You shall not market, promote, or solicit Company products or services in ways that would violate the CAN-SPAM ACT, the TCPA, or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
Termination
These Terms of Service are effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to membership@honeydewcare.com. Company may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and Account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty three (23) years old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if required by state or federal law. Any termination or discontinuance of the Website pursuant to the provisions set forth in this section shall be subject to compliance with any notice or waiting period provided by applicable law.
Miscellaneous
If any provision of these Terms of Service are found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provision.
The failure of Company, Provider Group, or their affiliates to act with respect to a breach of these Terms by you or others does not waive Company’s, Provider Group’s, or their affiliates’ right to act with respect to subsequent or similar breaches. Company, Provider Group, and their affiliates do not guarantee they will take action against all breaches of these Terms.
Copyright/Trademark Information. Copyright ©2024 AcneAway, Inc. dba Honeydew. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
