No Medical Advice Provided on RefluxMD’s Website
This Site contains information on medical topics that are for informational use only and it is being made available to you with the express understanding that RefluxMD as well as anyone else posting content on this Site are not providing medical advice. This content should not be used as a replacement for direct medical advice from certified and licensed medical practitioners. The information you access on this Site should not be used for self-diagnosis or self-treatment and you should seek the counsel of your medical professional with any questions you may have concerning your GERD symptoms and treatment. Any actions you take as a result of information obtained from this website is a risk that you, and you alone, assume. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
RefluxMD Provides NO Warranties
YOU UNDERSTAND AND AGREE THAT REFLUXMD AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY REFLUXMD IS PROVIDED ON AN “AS IS” BASIS” “WITH ALL FAULTS” AND “AS AVAILABLE.” REFLUXMD DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, REFLUXMD DOES NOT GUARANTEE THAT USE OF ITS ONLINE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. RefluxMD does not make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any web sites, social media or other Internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of RefluxMD’s servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted by RefluxMD. RefluxMD reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site (including, without limitation any of the Site Services).
Scope and Intent
You agree that by accessing and/or registering on our Site, including our Site applications, mobile applications, premium services, or other services or information provided as part of the RefluxMD’s services (“Services”), you are entering into a legally binding agreement with RefluxMD, 10804 Willow Road, Suite B, San Diego, CA 92127 (“Agreement”). If you are using RefluxMD’s Services on behalf of a company, LLC, partnership or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.
Your User Obligations
Applicable laws and this Agreement must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections.
License concerning information you submit to RefluxMD. You own the information you provide to RefluxMD under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant RefluxMD a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to RefluxMD, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to RefluxMD, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your personal information, including any symptom or medication data, accurate and updated. You acknowledge and agree that RefluxMD shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about RefluxMD or from it’s Services.
User Eligibility. To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted by RefluxMD from it’s Services, (3) are not a competitor of RefluxMD or are not using the Services for reasons that are in competition with RefluxMD; (4) will only maintain one RefluxMD account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of RefluxMD, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Personal Access Credentials. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other users’ accounts; (4) refrain from charging anyone for access to any portion of RefluxMD, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
Indemnification of RefluxMD. You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through RefluxMD.
Payment for Purchases. You also agree to pay the applicable fees for the RefluxMD’s Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that RefluxMD’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Smart Phone Applications. RefluxMD may offer Services through smart phone applications. You agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your Internet access provider, and/or web pages containing RefluxMD plugins that load in your browser may be communicated to us.
Further, by importing any of your RefluxMD data you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your RefluxMD account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing RefluxMD through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices Finally, by using any smartphone application, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Peer-to-Peer and User to Provider Communication . offers forums where you can post your questions and comments on designated topics. RefluxMD also enables sharing of information by allowing users to post updates, including links to social media sites. Please note that ideas you post and information you share may be seen and used by other RefluxMD users and providers, and RefluxMD cannot guarantee that others will not use the ideas and information that you share on RefluxMD. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to on the Site or via mobile applications. REFLUXMD IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY REFLUXMD DISCUSSION FORUMS INCLUDING “ASK DOCTOR DENGLER”.
Voluntary Submission of Your Suggestions and Ideas. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to RefluxMD through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) RefluxMD is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) RefluxMD shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) RefluxMD may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to RefluxMD all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from RefluxMD under any circumstances.
Account Creation. By creating an account on our system you will be opted-in to our mailing lists. You may subsequently opt-out. Your profile information will not be shared without your consent except through the use of certain personalised tools (such as DocMatch, Ask a Reflux Specialist) which will grant us the right to share that data with the professionals that are involved in the fulfillment of the service. Only information relevant to the delivery of the service will be shared.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of RefluxMD), view information and use the Services that we provide on RefluxMD’s Site and in accordance with this Agreement. Any other use of RefluxMD contrary to our mission and purpose (such as seeking to use information gathered from RefluxMD commercially unless expressly authorized by RefluxMD) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in RefluxMD and all related items, including any and all copies made of the RefluxMD website.
RefluxMD’s Rights and Obligations
Access to Services. For as long as RefluxMD continues to offer its Services, RefluxMD shall provide and seek to update, improve and expand the Services. As a result, we allow you to access RefluxMD as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue RefluxMD, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. RefluxMD further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by RefluxMD to be contrary to this Agreement. For avoidance of doubt, RefluxMD has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Third Party Sites and Access to RefluxMD Partners. may include links to third party web sites (“Third Party Sites”) on its Site. RefluxMD also promotes sites of its selected marketing partners (“Partners”) that provide access to information and services. You are responsible for evaluating whether you want to access or use a Third Party Site or use Partner’s services. RefluxMD is not responsible for and does not endorse any features, content, advertising, products, services or other materials on or available from Third Party Sites or its Partners and RefluxMD also does not screen, audit, or review their websites, offerings or services. Accordingly, if you decide to access Third Party Sites or use Partners, you do so at your own risk and agree that your use is on an “as-is” basis without any warranty, and that this Agreement does not apply to your use of any Third Party Site or Partners.
Termination. You may terminate this Agreement, for any or no reason, at any time, with notice to RefluxMD. This notice will be effective upon RefluxMD processing your notice. RefluxMD may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only RefluxMD or the party paying for the services may terminate your access to any Premium Services. Termination of your RefluxMD account includes disabling your access to RefluxMD and may also bar you from any future use of RefluxMD. RefluxMD may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the RefluxMD messaging services; creating multiple or false profiles; using the Services commercially without RefluxMD’s authorization, infringing any intellectual property rights, or any other behavior that RefluxMD, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, RefluxMD has adopted a policy of terminating accounts of users who, in RefluxMD’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Notices and Service of Process.
RefluxMD may notify you via postings on the Site. You may contact us via email at email@example.com or via mail:
10804 Willow Court, Suite B, San Diego, CA,
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RefluxMD services, third-party content or third party software.
Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at our Site, or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time.
No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by RefluxMD or one of its employees shall be deemed legally binding on RefluxMD, unless documented in a physical writing hand signed by a duly appointed officer of RefluxMD.
No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, RefluxMD for any third party that assumes our rights and obligations under this Agreement.
Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.