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Your data will be collected, used, stored, and disclosed in accordance with our Privacy Policy, available at DFO Performance | Privacy Policy, which is incorporated by reference into these Terms.

All lead, transaction, and performance data generated through your campaigns (“Client Data”) remains your property. You are solely responsible for ensuring that all Client Data has been lawfully collected and disclosed to us. We will process Client Data solely as a “service provider” or “processor” (as those terms are defined under applicable privacy laws) to operate the network, run your campaigns, and as otherwise described in our data-handling standards.

If any Client Data includes Protected Health Information (“PHI”), no PHI will be provided to or processed by DFO TeleHealth unless and until the parties have executed a written Business Associate Agreement (“BAA”) in compliance with HIPAA.

In the event of a confirmed breach involving Client Data, DFO TeleHealth will notify the Client without undue delay, in accordance with applicable data protection laws and you will remain responsible for all reporting obligations that apply to you as the covered entity or controller.

We may use aggregated, de-identified data to improve our services, benchmark industry performance, and conduct analytics, provided that no individual or client is identified.

Except where prohibited by law, the Site and all content delivered or made available to you through the Site are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

DFO TeleHealth does not guarantee, and expressly disclaims any warranty, that your use of the Site or any content delivered to you will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant that the results that may be obtained from the use of the Site or any content delivered to you will be accurate, reliable, or meet your expectations.

DFO TeleHealth does not guarantee, and expressly disclaims any warranty, that your use of the Site or any content delivered to you will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant that the results that may be obtained from the use of the Site or any content delivered to you will be accurate, reliable, or meet your expectations.

Medical Disclaimer. DFO TeleHealth is a marketing platform, not a medical group, and does not provide medical advice, diagnosis, prescriptions, or care. All healthcare services promoted through our platform are provided solely by licensed healthcare professionals engaged by our advertisers. DFO TeleHealth does not own, operate, or control any medical practice, provider, or clinic. Any healthcare services relating to GLP-1 weight loss, testosterone replacement therapy (TRT), hair loss treatments, or men’s health (including Sildenafil and Tadalafil) that are promoted through our platform are provided exclusively by licensed healthcare professionals engaged by our advertisers. DFO TeleHealth is not responsible for, and makes no warranties or representations about, the quality, legality, accuracy, or results of any medical services, advice, prescriptions, or care provided by those healthcare professionals. Marketing content on our platform is for promotional and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a qualified healthcare provider with any questions about a medical condition, and you should never disregard or delay seeking professional medical advice because of marketing materials or offers you see on our platform.

To the fullest extent permitted by law, DFO TeleHealth will not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar losses, whether based in contract, tort (including negligence), strict liability, or otherwise, even if DFO TeleHealth has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, our total cumulative liability to you for all claims arising out of or related to these Terms shall not exceed the greater of (i) the total fees paid by you to DFO TeleHealth in the twelve (12) months preceding the claim, or (ii) twenty five thousand U.S. dollars (USD $25,000), regardless of the cause of action or theory of liability. This limitation does not apply to liability arising from (a) any breach of confidentiality or data protection obligations, including HIPAA; (b) our intentional misconduct or fraud; or (c) your indemnification obligations under these Terms.

You agree to indemnify, defend, and hold harmless DFO TeleHealth, its parent company, subsidiaries, affiliates, licensors, and each of their respective directors, officers, employees, owners, and agents from and against any and all third-party claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses—including reasonable attorneys’ fees and court costs—arising out of or related to (a) your use of the Site, (b) your breach of these Terms, and/or (c) your violation of any law or the rights of a third party.

These Terms are governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflicts of laws principles.

Any dispute arising out of or relating to these Terms will be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association (AAA). All arbitration will be on an individual basis; you waive the right to participate in class actions or representative proceedings.

Either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, without waiving the right to arbitrate all other claims.

If the class-action waiver is held unenforceable as to any claim, such claim shall proceed in court, but the arbitration clause will otherwise remain in full force for all other claims. The exclusive venue for any court proceedings will be the state or federal courts located in Delaware, and you consent to their jurisdiction. If any part of this arbitration agreement is found invalid or unenforceable, the remaining portions shall remain valid, enforceable, and given full effect to the maximum extent permitted by law.

You acknowledge that DFO TeleHealth’s business depends on maintaining its relationships with advertisers, affiliates, and other network partners, and on retaining its personnel. Accordingly, during your participation in the DFO TeleHealth network and for twenty-four (24) months thereafter, you shall not, directly or indirectly, (i) contract with, engage, or otherwise conduct business with any advertiser, affiliate, or other partner introduced or made available to you through the network, except through the network or with DFO TeleHealth’s prior written consent, or (ii) solicit, induce, or attempt to solicit or induce any employee, contractor, or consultant of DFO TeleHealth to terminate or breach their employment or engagement with DFO TeleHealth. This restriction does not apply to general solicitations of employment not specifically targeted at DFO TeleHealth personnel.

These Terms, together with any amendments made in accordance with Section 11.2, constitute the entire agreement and understanding between you and DFO TeleHealth, and supersede and replace all prior or contemporaneous agreements, understandings, and representations, whether written or oral, relating to their subject matter.

DFO TeleHealth may update or modify these Terms at any time. Any changes will be effective upon posting, and your continued use of the Site after the effective date of such changes constitutes your acceptance of the updated Terms.

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible under law, and the unenforceable portion will be deemed severed without affecting the validity or enforceability of the remaining provisions. The following provisions of these Terms shall survive any termination or expiration of these Terms: 4, 6, 8, 10 and 11.

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, franchise, employment, or any other relationship between you and DFO TeleHealth beyond that of independent contracting parties. The failure of either party to enforce any right or provision under these Terms will not be deemed a waiver of such right or provision.

If you have any questions regarding these Terms, please contact us at:

DFO TeleHealth Legal Team