Terms & conditions

USE OF THE APP

Brond, Inc. (“Brond,” “we “, “us“, or “our “), owns and operates this website located at BrondHealth.com (“Website,” and collectively with any affiliated mobile application (“App”), the “Site”). The Site is intended to facilitate diagnosis and treatment of erectile dysfunction (“ED”) by connecting registered users with licensed healthcare providers. The “Service” includes (i) providing individuals with information on ED treatment and wellness (“Content”); (ii) facilitating communication with healthcare providers; (iii) administrative support in connection with scheduling and payment for ED treatment services; and (iv) telecommunication support for accessing health care providers.

Please read these terms and conditions (”Terms of Use”) carefully because they set forth the important terms you will need to know about the Services. In these Terms of Use, the terms “you” and “yours” refer to the person using the Service.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN

Your access to and use of the Service is subject to these Terms of Use, Consent to Telehealth, Privacy Policy (collectively “Terms”) as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms, you are not authorized to access or otherwise use the Service or any information or Content provided through the Service, as defined in these Terms of Use. The Service is continually under development, and Brond reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.

BROND IS NOT A HEALTHCARE PROVIDER. Brond only coordinates and enables communication between you and a healthcare provider for treatment and diagnosis of ED. At no time, Services should replace your relationship with any physician.

AVAILABILITY

Our Service is available nationwide, excluding individuals located in:

• Alaska
• Minnesota
• North Dakota
• South Carolina

Health care providers providing Services through the Site are licensed to practice in all states, excluding those listed above.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:

• Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
• Interactions between a patient and health care provider via audio, video, and/or data communications; and
• Use of output data from medical devices, sound, and video files.
• The electronic systems used in the Brond Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Telehealth and at BrondHealth.com for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

PRIVACY POLICY

Brond understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available on the Site and at BrondHealth.com for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

YOUR RELATIONSHIP WITH BROND

Brond provides a platform for you to consult with a health care provider affiliated with Brond or similar affiliated professional entity and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a Brond or affiliate health care provider through the Service, you are not entering into a provider-patient relationship with Brond.

By accepting the Terms of Use, you understand that a health care provider may send you messages, reports, and emails via the Service regarding the treatment of your condition or in response to your inquiry. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.

CONSULTATIVE SERVICE

In some cases, a health care provider may use the Service to provide advice or treatment to you. A health care provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Brond strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Brond may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.

ORDER FULFILLMENT BY PHARMACY

You also acknowledge and agree that we do not provide any medical advice, opinion, diagnosis or treatment, and that no pharmacy-patient relationship or doctor-patient relationship is, or will be, established between Brond and you as a result of your use of the Services or otherwise. You should check product information (including package inserts) regarding dosages, precautions, warnings, interactions and contraindications before administering or using any medications. If you have any questions regarding your prescriptions, you should consult your healthcare professional or pharmacist, whose contact information may be listed on the prescription, the packaging of your prescription medicine or under your account.

SITE CONTENT

Content on the Site does not constitute medical advice.

REGISTRATION AND USER ACCOUNTS

You are obligated to register with Brond in order to access the Service, although certain pages of the Site are accessible by any individual and subject to the Terms of Use available on the Site. However, the Service is available only to users who have registered with Brond or other persons affiliated with Brond who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Brond. If you do not maintain such information, or Brond has reasonable grounds to suspect as much, Brond has the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Brond of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing Brond at support@BrondHealth.com. Brond reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Secure User account.

You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. Creating more than one account substantially limits our ability to provide proper services. Brond explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM

The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

ACCESS RIGHTS AND PROHIBITED USE

We hereby grant to you a limited, non-exclusive, nontransferable right to access the App in the States Where We Operate and to use the Service solely for your personal non-commercial use and only as permitted under these Terms of Use, Consent to Telehealth, and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the App 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 App to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App; (d) distribute viruses or other harmful computer code through the App’ or (e) otherwise use the App in any manner that exceeds the scope of use granted above.

OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE

With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy, any information you transmit to Brond via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Brond and/or (i) Brond, (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Service.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Brond shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Brond via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

OWNERSHIP OF SITE CONTENT

The Site, including the App 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), and other Content, are owned or used under license by Brond and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App 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 App except as generally and ordinarily permitted through the App according to these Terms of Use. You must not access or use for any commercial purposes any part of the App.

TRADEMARKS

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

TERMINATION

‍Brond may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Brond reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Brond will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you. You agree that if your use of the Service is terminated pursuant to these Terms of Use, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Brond harmless from any and all liability that Brond may incur therefore.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF BrondHealth.com, ITS APPS, AND ANY AFFILIATED SITES AND APPS IS AT YOUR SOLE RISK. WE PROVIDE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, 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 BROND 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 OF THE APP, 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 Brond, its affiliates, subsidiaries, and its directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of the Service, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.

GEOGRAPHICAL RESTRICTIONS

You may only use Services in the states where We Operate. Brond makes no representation that Services are appropriate or available for use in locations outside the states where we operate.

We service the following US States:

Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

PACKAGING AND FULFILLMENT RESTRICTIONS

By using the Brond Pharmacy Network (i.e., third party pharmacies with whom we contract), you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children. Below is our contracted pharmacy address:

Curexa (EHT Pharmacy LLC)
236 E Jimmie Leeds Rd., STE C
Galloway, NJ 08205
(855) 927-0390

PROVIDER DETAILS

Provider Public License information:
Hirenkumar Italia MD
California license: C161530
Massachusetts License: 278376
Rhode Island License: MD16621
Vermont License: 42.0014329

DELIVERY OF YOUR ORDER

‍Your order may be shipped through regular mail carriers or other available delivery services. If no one is present at your delivery address at the time of the delivery to receive your order, the courier may leave your order at your door or other secure location in accordance with the general guidelines issued by the delivery services, if the courier believes it is reasonable to do so.

GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS

These Terms of Use and your use of Services 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.

Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Brond with written notice of your desire to do so by email or regular mail at support@brondhealth.com, 1821 W. Verdugo Ave. Suite 102, Burbank CA 91506, within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Brond with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute.

Unless you timely provide Brond with an Arbitration Opt-out Notice, you acknowledge and agree that you and Brond are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Brond otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

NO WAIVER

No waiver by Brond 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 Brond to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

WHO MAY USE SERVICES

You may use Services only if you are 18 years or older, are capable of forming a binding contract and are not barred from using Services under applicable law.

NO AGENCY RELATIONSHIP

Neither these Terms of Use, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Brond and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Brond is transferred to another entity by way of merger, sale of its assets or otherwise.

HEADQUARTERS

Below is the mailing address and phone number for our headquarters.

Brond
1400 Main Street, Suite 240
Clarksville, IN 47129 USA
Tel: 1 (800) 692-1890

DIGITAL MILLENNIUM COPYRIGHT ACT

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 App 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 counternotice. Notices and counter-notices the Internet infringes their rights under U.S. copyright law. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. 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 Brond Health, Inc.

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