User Agreement

Your privacy is of greatest importance to us. Any personal questions you are asked and any answers that you might contribute are always encrypted and stored in HIPPA compliant manner. We make it our mission encrypt and never to share any of your personal data with exception for medical assessment, technical improvement or direct specific need.

 

Terms of Use Last revision: Oct 23, 2018

Use of the Site

Function H, Inc. (“DrEroy.com”, “Company”, “site”, “we”, “us”, or “our”) operates the website located at www.DrEroy.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”).

We offer online tools for account holders to find information and self-help for certain conditions. By no means is this intended to replace a meeting with a medical physician, any advice following such a meeting, medical diagnosis or prescription.

By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

The site and services offered are only available to users in the United States of America, without exceptions.

Site Content.

None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular treatment is safe, appropriate, or effective for you.

Privacy.

DrEroy.com is required to comply with federal privacy and security laws and maintain safeguards to protect the security of your information. Additionally, any information you provide regarding your health is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of personal information is provided in our Privacy Policy.

As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account.

While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal information may take place between you and DrEroy.com. We cannot ensure the security or confidentiality of messages sent by email.

User Accounts.

When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected (collectively “Account Information”).

To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services.

You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account.

You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.

We reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Use of the Services by Children.

The Services are only available for use by children aged 16 years or older.

Access Rights.

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”).

We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to:

(a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(b) use the Site or Services to violate any local, state, national or international law;

(c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services;

(d) distribute viruses or other harmful computer code through the Site; or

(e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating in our Application or through the Site.

We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

Fees and Purchase Terms.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

By providing us or our partner for processing payments with your credit card number or associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required.

Limitation of Liability.

DrEroy.com is not liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

By Agreeing to these terms, you as the user assume full medical liability for any supplements or other orders via DrEroy.com.

Typographical Errors.

In the event that a DREROY.com product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged or not. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.

Website Links.

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

Affiliated sites.  

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content

Ownership.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DrEroy.com, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Trademarks.

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of DrEroy.com or other entities. You are not authorized to use any such Marks without the express written permission. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Termination.

You may deactivate your Account at any time inside the Application. We may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time.

Subject to applicable law, we reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies.

After such termination, we will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your information.

Right to Modify.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DREROY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

LIMITATION OF LIABILITY.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DREROY.COM OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification.

You agree to indemnify, defend and hold harmless DREROY.COM, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.

Geographical Restrictions.

We makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.

Miscellaneous.

These Terms of Use and your use of the Site shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws.

Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California, for any action related to these Terms of Use.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature.

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site.

The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery.

You can withdraw your consent to receive Communications by deactivating your Account.

No waiver by DrEroy.com of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

We devotes considerable effort to optimizing signal strength but is not responsible for the internet or data bandwidth and signal of your mobile device.

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA.

One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA.

Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Function H, Inc., 8806 Wonderland Ave, Los Angeles, 90046 CA.

Please report any violations of these Terms of Use to info@dreroy.com.