Acceptance of the Terms of Use

These terms of use are entered into by and between You and Roto-Rx LLC (“Company,” “we,” “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.drroto.com including any content, functionality, and services offered on or through www.drroto.com, including but not limited to our mobile site or application(s) (e.g. iPad app), our related social media platforms (collectively, the “Website”) or by means of text, email, chat or phone.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.drroto.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age (or the age of legal majority in your jurisdiction if different than 18) or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Transactions that transpire on the Website occur within the United States of America (“USA”). These Terms of Use apply to laws and regulations of the USA. We make no representation or warranty that the Website or our services operate in accordance with the laws of any other nation, or that they or any part thereof, is appropriate for use in any particular nation or political subdivision (collectively referred to as “Nation”). Those who access and use the Website from another Nation do so at their own initiative and risk and are responsible for complying with all local laws, rules and regulations of the Nation from which the Website is accessed. Your use of the Website is your acknowledgement that the Website and the products and services rendered by us are subject to the laws and regulations of the USA, and you specifically waive any right to pursue claims that may arise under the laws of your home Nation or the Nation from which you access the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Business Terms

Additional terms and conditions may apply to purchases of goods or services and to specific portions, services or features of the Website, including subscriptions, sweepstakes, contests, promotions or other similar features or offerings. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use. You agree to abide by such other terms and conditions, including where applicable representing that you meet any eligibility requirements to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service. The Company may make changes to any products or services offered on the Website, or to the applicable prices for any such products or service, at any time, without notice.

Subscription Products

In order to prevent interruptions in service, we use a recurring payment structure where month-to-month, weekly, year-to-year or seasonal subscriptions automatically renew upon expiration until canceled by the customer. All subscription products purchased on the Website can be canceled and once you cancel, you will not be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your monthly billing cycle renews on the 17th of every month, and you cancel on the 24th, you will have paid for the current month, but you will not be charged again after that. For further details on how to cancel, click on Manage My Account or refer to our FAQ’s.

All subscription plans will automatically renew for the next month/year/season (as applicable) unless cancelled at least five (5) days prior to the next cycle (for weekly subscriptions, you must one (1) day prior to the next week). Failure to cancel by these deadlines will result in our charging your credit card for the next cycle/period. The NFL Seasonal and MLB Seasonal subscription cycle will be deemed to start on July 1 and February 1, respectively.

Once you purchase a subscription or other offering, that sale is final, and there are NO REFUNDS. It is your responsibility to keep track of the account expiration date and cancel prior to renewal. You can review your expiration date and/or cancel active memberships at any time by contacting us.

Using Promotional Codes for Discounts

Drroto.com offers promotional codes (promo codes) for discounted Website subscriptions or other offerings. These promo codes cannot be input until after the user creates a new account or logs in to an existing account. It is the users’ responsibility to press the APPLY button and to make sure that the promo code has registered for the discounted subscription or other purchase. Promo codes must be used at the time that you purchase the subscription or other offering, and any code must be used before the code expires by its terms.

Newsletter

By subscribing to any newsletter we offer, you agree to receive a periodic email newsletter from drroto.com. All newsletter emails will provide an opt-out/unsubscribe option in case you are not interested in receiving further newsletters. Opting out of a newsletter does not mean you are canceling any subscription plan you might have purchased.

While we will do our best to ensure the correctness and accuracy of the newsletter at all times, circumstances, as well as human error, may lead to occasional errors or the provision of out-of-date information. By subscribing to our newsletter, you agree your email address and any future information we collect with your permission may be used to provide you with the best possible service. See our Privacy Policy for how we keep your information secure. We reserve the right to suspend or cancel any individual’s newsletter subscription without providing a reason or notice.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

If any portion of the Website requires an account, then you must create an account which may include providing the Website with current, complete and accurate information, including, without limitation, your email address. You may also be asked to choose a username and password. Your account is personal to you and you may not transfer or make your account name and password available to others and you may not use anyone else’s account at any time. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Conditions of Participation

Your use of the Website constitutes your acceptance of these Terms of Use without limitation, qualification or change. Your continued use of the Website is your consent to be bound by these Terms of Use and your promise to abide by the practices we describe herein and in other places on the Website. If you do not agree with these Terms of Use or any other term on the Website, or in our printed materials, do not use our services or the Website. The Company, at its sole discretion, may terminate or suspend your account, disqualify you from a content subscription or mentoring or other event, sweepstakes or promotion, or refuse to award benefits or prizes if you engage in conduct or otherwise utilize any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Website or any subscription, sweepstakes, promotion or other event or is in any way detrimental to other participants or users. The Company may, at its sole discretion, limit the eligibility of individuals to participate in subscriptions, mentoring, sweepstakes, events or promotions, for any reason whatsoever without notice, and such decision will be considered final in the event of a dispute. The Company reserves the right to modify, alter, discontinue or terminate subscriptions, mentoring, events or promotions or other offerings at any time for any reason whatsoever without notice. You further acknowledge that your forfeiture of any items listed above shall in no way prevent Company from pursuing criminal or civil proceedings in connection with such conduct.

Company is not responsible for: any incorrect, invalid or inaccurate information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit any user to participate in a subscription, sweepstakes or other offering or event), including without limitation any injury or damage to any person’s computer or equipment relating to or resulting from participation in a subscription, sweepstakes or other offering or event; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

User Contributions

The Website and all contributions of content to the Website, including content posted by you or sent to any chatroom or other feature on the Website, and all entries in any sweepstakes, promotion or other event offered on the Website (collectively, “User Contributions“), become the property of Company and will not be acknowledged or returned. All User Contributions will be considered non-confidential and non- proprietary. By providing any User Contribution to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, perpetual, irrevocable, transferrable, royalty-free, sub-licensable license to use, copy, create derivative works of, reproduce, modify, perform, display, distribute and otherwise exploit and disclose to third parties any such material for any purpose. You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

The Company does not represent or endorse the accuracy and reliability of any User Contribution. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user. The Company expressly disclaims any and all liability related to any User Contribution, and you acknowledge that any reliance upon such User Contribution shall be at your sole option, liability and risk.

Content Standards

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio thereon (collectively, the “materials”), and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such materials 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 Website 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 materials on our Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or materials in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or materials not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company’s and Website’s name and URL, the Company’s and Website’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes and your internal use only. We do not warrant the accuracy, completeness, or usefulness of this information. All “forward-looking” information contained herein is based upon certain assumptions about future events or conditions and is intended only to illustrate hypothetical results under those assumptions (not all of which are specified herein). Actual events or conditions may differ from those assumed herein. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the materials or information on the Website may be out of date at any given time, and we are under no obligation to update such materials or information.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code or harmful mechanisms. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS MATERIALS AND OTHER CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE MATERIALS AND OTHER CONTENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

By using this Website, you agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, agents, parents, subsidiaries, successors and assigns, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your contribution of any content to the Website including any chatroom or other feature of the Website, any use of the Website’s materials and other content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or use of any content on the Website or prize or other benefit you receive in any promotion or sweepstakes or event appearing on the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Fort Myers and County of Lee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims; Alternative Dispute Resolution

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE PROHIBITED BY LAW.

A. Procedure. You agree that any and all disputes, claims or controversies arising out of or related to these Terms of Use or your use of the Website shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of Florida, County of Lee, and shall be administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”). Your use of the Website is your consent to the sole and exclusive personal jurisdiction of the AAA sitting in the County of Lee, Florida.

B. Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to disputes between us and you alone, and is subject to the limitations of liability set forth above. Furthermore, disputes brought by either you us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. You specifically waive any right to be a member of a class action lawsuit for any claim you allege arising from the use of the Website.

Waiver and Severability

No waiver by the Company of any term or condition set out 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 the Company 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.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and its contents, and supersede all prior and contemporaneous conflicting understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or its content.

Your Comments and Concerns

This website is operated by Roto-Rx LLC.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@drroto.com.