TERMS OF SERVICE AGREEMENT
LAST UPDATED: 03/05/2025
Please read these Terms of Service Agreement (“TOS”) carefully. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth below. If you do not agree to all terms and conditions, please do not use our site or our services.
1. ACCEPTANCE OF TERMS
This Terms of Service Agreement (“TOS”) is a legally binding contract that governs your relationship with Functional Pharmacy LLC located at 5640 Coral Ridge Dr #136, Coral Springs, FL 33067, United States and its subsidiaries and affiliates (collectively, “we,” “us,” or “our”), in connection with your use of the drrosemarierutecki.com website (the “Site”) and any services provided through it (collectively, the “Services”).
2. DESCRIPTION OF WEBSITE SERVICES OFFERED
Our Site is an platform offering health-related information, and services for sale. By visiting or browsing our Site—regardless of whether you have registered for an account—you will be considered a “user” of our Services. If you create an account, you will then be considered a “member.”
You, as a user or member, acknowledge and agree that the Services provided through our Site and any associated applications (including mobile or social media applications) are the sole property of
Functional Pharmacy LLC. We reserve the right to offer additional services, modify existing services, or discontinue certain services at our discretion. Your continued use of the Services after we post changes constitutes your acceptance of such changes.
Furthermore, you acknowledge and agree that our Services are provided on an “AS IS” basis and that
Functional Pharmacy LLC is not responsible for missed deliveries, deletions, or any failure to store user content, communications, or personalization settings.
3. CALLS MAY BE RECORDED FOR TRAINING PURPOSES
By purchasing a consultation from Functional Pharmacy LLC, you consent to having your Zoom or audio call recorded for internal training purposes. If you do not wish to have your call recorded, please inform our office in advance.
4. REGISTRATION
To register and become a member of our Site, you must:
Be at least 18 years old and legally capable of entering into a binding contract. Be in good standing and not an individual who has been barred from using our Services under applicable laws.
When registering, we may collect personal information such as your name, email address, birthdate, gender, mailing address, occupation, and personal interests. Once you register an account and sign in, you are no longer anonymous to us.
By registering, you agree to:
Provide truthful, accurate, and current information as requested in the registration process.Promptly update your registration and profile information to maintain its accuracy.
If you provide information that is false, incomplete, or outdated, Functional Pharmacy LLC
may suspend or terminate your account and refuse any current or future use of our Services.
Privacy Notice for Children Under 13
We prioritize the safety of children. If a parent or guardian allows a child under 13 to use our Services, they must create a “family” account, certifying that they are at least 18 years old and the legal guardian of the child. The parent or guardian is solely responsible for determining whether the Services and content provided on our Site are age-appropriate for their child.
5. PRIVACY POLICY
All personal information that you provide to us is protected by our Online Privacy Policy. By using our Services, you consent to the collection and use of the information you provide (including transfers to and from the United States and/or other countries for storage, processing, and use by
Functional Pharmacy LLC and its affiliates). Consultation calls may also be recorded for training purposes.
6. MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY
When you create an account, you are solely responsible for maintaining the confidentiality of your password and all activities that occur under your account. You must immediately notify
Functional Pharmacy LLC of any unauthorized use or breach of security. We are not liable for any loss or damage resulting from your failure to comply with these obligations.
7. CONDUCT
You acknowledge and agree that all content (e.g., text, software, data, photos, music, video, messages, tags) posted, transmitted, or otherwise made available through our Services is the sole responsibility of the individual from whom the content originated. You agree not to use our Services for any unlawful or prohibited activities, including but not limited to:
Uploading or transmitting any content that is unlawful, harmful, defamatory, abusive, harassing, hateful, or otherwise objectionable. Harming minors in any way. Impersonating any person or entity or falsely stating your affiliation with a person or entity. Uploading or transmitting content you do not have the right to make available. Uploading unsolicited or unauthorized advertising, promotional materials (“spam”), or any other form of solicitation unless in designated areas. Uploading material containing software viruses or other harmful computer code. Interfering with or disrupting the Services or servers/networks connected to the Services. Collecting or storing personal data about other users in connection with prohibited activities.
Functional Pharmacy LLC reserves the right to pre-screen, refuse, and/or remove any content that violates these terms or that we consider objectionable. We may also disclose user account information when required to do so by law or if necessary to protect our rights or the rights of others.
8. INTERSTATE COMMUNICATION
By registering and using our Services to communicate electronically (e.g., email, instant messages, or file uploads), you acknowledge that your communications may involve interstate transmissions over our network.
9. CAUTIONS FOR GLOBAL USE AND EXPORT/IMPORT COMPLIANCE
Because our Services may be accessed globally, you agree to comply with all local rules regarding online conduct and acceptable content, as well as all applicable export and import regulations of the United States and other countries.
10. CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Functional Pharmacy LLC does not claim ownership of user-generated content. However, by submitting content for public areas of our Site, you grant Functional Pharmacy LLC
a worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, and publicly display such content for the sole purpose of operating and promoting the specific area of our Site where you posted the content.
11. CONTRIBUTIONS TO THE COMPANY WEBSITE
When you submit ideas, suggestions, or other feedback (“Contributions”) to our Site, you agree that:
Your Contributions do not contain confidential or proprietary information. Functional Pharmacy LLC is not under any obligation to maintain confidentiality regarding these Contributions. Functional Pharmacy LLC may use or disclose such Contributions at its discretion. Your Contributions become the property of Functional Pharmacy LLC. You are not entitled to compensation from Functional Pharmacy LLC for any Contributions.
12. INDEMNITY
You agree to indemnify and hold Functional Pharmacy LLC, its affiliates, employees, and agents harmless from any claims or demands, including reasonable attorney’s fees, arising out of any content you submit, post, transmit, or make available through our Services, your use of our Services, your violation of these TOS, or your violation of the rights of another.
13. COMMERCIAL RE-USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit any part of the Services for commercial purposes without the express written permission of Functional Pharmacy LLC.
14. GENERAL USE AND STORAGE PRACTICES
We may establish general practices and limits concerning the use of our Services, including but not limited to the maximum number of days email messages or other uploaded content will be retained and the maximum disk space allotted on our servers. Functional Pharmacy LLC has no responsibility for the deletion or failure to store messages or other content.
15. MODIFICATIONS
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
16. TERMINATION
You may cancel or terminate your account at any time by submitting a request to
[email protected] Functional Pharmacy LLC may suspend or terminate your account, email, and access to the Services at any time if:
You breach these TOS or any other agreement or guideline. We are required to do so by law or governmental authority. Our Services are modified, discontinued, or experience technical/security issues. There is extended inactivity in your account. You engage in fraudulent or illegal activities. You fail to pay any fees owed.
Termination of your account includes:
Removal of access to all or part of our Services. Deletion of your password and all related information. Prohibition of any future use of our Services.
17. ADVERTISERS
Any correspondence or dealings with advertisers on our Site are solely between you and the advertiser. Functional Pharmacy LLC is not responsible for any loss or damage resulting from these interactions.
18. LINKS
Our Site may contain links to third-party websites or resources. We are not responsible for the content, products, or services on these linked sites, and you agree that Functional Pharmacy LLC
is not liable for any damage or loss caused by your use of or reliance on such third-party websites or resources.
19. PROPRIETARY RIGHTS
You acknowledge that the Services and any necessary software used in connection with our Services may contain proprietary and confidential material protected by intellectual property laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our software or Services.
20. WARRANTY DISCLAIMERS
Use at Your Own Risk. Our Services and software are provided “AS IS” and “AS AVAILABLE.” Functional Pharmacy LLC and its affiliates disclaim all warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. No Guarantee of Accuracy or Reliability. We do not guarantee that (i) our Services or software will meet your requirements, (ii) they will be uninterrupted or error-free, (iii) results from the use of our Services or software will be accurate or reliable, or (iv) any errors will be corrected.Downloaded Material. Any material you download or otherwise obtain through the use of our Services is at your own discretion and risk. Functional Pharmacy LLC is not responsible for any damage to your computer or loss of data resulting from such downloads. No Advice or Information Creates Warranty. No advice or information obtained from Functional Pharmacy LLC—whether oral or written—creates any warranty not expressly stated in these TOS.
21. LIMITATION OF LIABILITY
Functional Pharmacy LLC and its subsidiaries, affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to damages for lost profits, goodwill, or data, arising from:
Your use or inability to use the Services. The cost of procuring substitute goods and services. Unauthorized access to or alteration of your transmissions or data. Statements or conduct of any third party on our Services. Any other matter relating to our Services.
22. RELEASE
If you have a dispute with one or more users, you release Functional Pharmacy LLC
(and its officers, directors, employees, affiliates, and agents) from any claims, demands, and damages arising out of or in any way related to such disputes.
23. SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
All content on our Site is provided for informational purposes only and is not intended for trading or investment purposes. Functional Pharmacy LLC is not liable for the accuracy, usefulness, or availability of any information transmitted through the Services, nor for any trading or investment decisions made based on such information.
24. EXCLUSION AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.
25. THIRD-PARTY BENEFICIARIES
Unless otherwise stated in this TOS, there are no third-party beneficiaries to this agreement.
26. NOTICE
We may provide you with notices (including changes to these TOS) via email, regular mail, text messaging, postings on our Site, or other reasonable means. Your continued use of the Services following such notices implies you have received and agreed to them.
27. TRADEMARK INFORMATION
All trademarks, service marks, logos, and brand features of Functional Pharmacy LLC
are the property of Functional Pharmacy LLC. You agree not to display or use these marks in any manner without prior written permission from Functional Pharmacy LLC.
28. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
We respect the intellectual property of others. We may disable or terminate the accounts of users who infringe the rights of others. If you believe your work has been copied in a way that infringes upon your rights, please provide us with:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. A description of the copyrighted work or other intellectual property you claim has been infringed. A description of where the infringing material is located on our Site. Your address, telephone number, and email address. A statement that you have a good-faith belief that the disputed use is not authorized by the owner or the law. A statement under penalty of perjury that the information you provided is accurate and that you are authorized to act on behalf of the owner of the copyright or intellectual property.
Please send infringement notifications to:
Functional Pharmacy LLC
Attn: Copyright Agent
5640 Coral Ridge Dr #136,
Coral Springs, FL 33067
Email:
29. CLOSED CAPTIONING
We comply with all applicable FCC rules and regulations regarding the closed captioning of video content. For more information, please contact us at [email protected]
30. GENERAL INFORMATION
Entire Agreement
These TOS constitute the entire agreement between you and Functional Pharmacy LLC
concerning our Services, superseding all prior agreements. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from us or third parties.
Choice of Law and Forum
The TOS and the relationship between you and Functional Pharmacy LLC shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in or near Broward County, Florida, for the resolution of any disputes.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is deemed invalid by a court, the parties agree that the court should endeavor to give effect to the parties’ intentions, and the remaining provisions remain in full force and effect.
No Right of Survivorship and Non-Transferability
Your account is non-transferable, and any rights to your account or its contents terminate upon your death. Upon receipt of a copy of a death certificate, we may terminate the account and delete all associated content.
Statute of Limitations
You agree that any claim or cause of action arising from or related to the use of our Services must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
Refund & Payment Policy
Payment and Terms:
Full payment must be submitted prior to any coaching session, consultation, or service being rendered. Once you provide your credit card information during booking, your payment will be automatically captured and processed before your scheduled call.
Sessions will not be held unless payment has been successfully received and confirmed.
Refund Policy:
Refunds, where applicable, will be processed within 7–10 business days from the date of approval. Please note that refunds are issued by the payment processor or merchant, and Functional Pharmacy LLC has no control over processing times once the refund is submitted.
All refunds are subject to a 3% transaction fee, which covers non-refundable merchant and processing costs.
Refunds will not be granted under the following circumstances:
If services have already been rendered (this includes consultations, coaching calls, assessments, or follow-ups),
If supplements or physical products have been shipped, or
If lab testing kits have been ordered or processed on your behalf.
By purchasing any of our services or programs, you acknowledge and agree to this refund policy.
31. VIOLATIONS
Please report any violations of these TOS to:
Functional Pharmacy LLC
5640 Coral Ridge Dr #136,
Coral Springs, FL 33067
Email:
Thank you for reviewing our Terms of Service.
By using our Site and Services, you acknowledge that you have read and agree to be bound by these terms. If you have any questions or concerns, please contact us at [email protected]
YOUR COMPANY ALL RIGHTS RESERVED 2023