Anti-Discrimination Disclaimer
FunctionRx complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. FunctionRx does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
FunctionRx:
- Provides free aids and services to people with disabilities to communicate effectively with us, which may include:
- Qualified sign language interpreters
- Written information in other formats (large print, audio, accessible electronic formats, other formats)
- Provides free language services to people whose primary language is not English, which may include:
- Qualified interpreters
- Translation services
- Information written in other languages
If you need these services, contact Function Rx at the address, phone number or email address provided on this website under the “Contact” section.
If you believe that FunctionRx has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with FunctionRx at the address, phone number or email address provided on this website under the “Contact” section.
You can file a grievance in person or by mail, fax, or email. If you need help filing a grievance, FunctionRx staff are available to help you.
You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201
1-800-368-1019, 800-537-7697 (TDD)
Complaint forms are available at https://www.hhs.gov/ocr/complaints/index.html
Accessibility Statement
Healthcare Practice Services:
FunctionRx provides business consulting, wellness program development, and educational services to healthcare practices, including chiropractic offices.
HIPAA Compliance: We maintain HIPAA compliance standards to protect the confidentiality of business information when working with healthcare practices. This includes:
• Secure handling of practice-related data
• Confidentiality of business relationships
• Protected communication channels
• Secure data storage and transmission
Business Associate Relationships: When working with healthcare practices, FunctionRx may serve as a Business Associate under HIPAA regulations. Appropriate Business Associate Agreements are executed to ensure compliance with all applicable privacy and security requirements.
Dual Service Model:
• Business Services: We provide consulting, program development, and wellness services to healthcare practices
• Consumer Services: We offer direct fitness and wellness services to individual clients
• Clear Boundaries: These service models are kept separate with appropriate privacy protections for each
Professional Boundaries: When providing business services to healthcare practices, FunctionRx does not establish patient-provider relationships with the practices’ patients. Any direct services to individuals are provided under our consumer services model with appropriate consent and agreements.
Data Protection: All business information, client data, and practice-related information is protected under our comprehensive privacy and security policies, meeting or exceeding HIPAA requirements where applicable.
Contact Information
For questions about our qualifications, services, or compliance practices, please contact FunctionRx using the contact information provided on our website.
Certification Verification:
• ACSM certification verification available at https://acsm.org/
• Egoscue certification available upon request
Business Services and HIPAA Compliance Disclosure
General FunctionRx strives to ensure that its services are accessible to people with disabilities. FunctionRx has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence.
Accessibility FunctionRx makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows FunctionRx to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).
Enabling the Accessibility Menu The accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Disclaimer FunctionRx continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
Despite our efforts to make all pages and content on our website fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
Here For You If you are experiencing difficulty with any content on our website or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.
Contact us if you wish to report an accessibility issue, have any questions or need assistance, please contact FunctionRx Customer Support.
Fitness and Wellness Services Disclosure
Important Safety Information:
Exercise and Physical Activity Risks: Participation in fitness programs, posture therapy, and movement training involves inherent risks, including but not limited to muscle soreness, injury, and in rare cases, more serious complications.
Medical Clearance Required: Before beginning any exercise or movement program with FunctionRx, you should consult with your physician or qualified healthcare provider, especially if you:
• Have any known medical conditions
• Are taking medications
• Have a history of injury
• Are pregnant or suspect you may be pregnant
• Experience chest pain, dizziness, or shortness of breath during physical activity
Client Responsibilities:
• Inform us of any health conditions, injuries, or physical limitations
• Stop any exercise immediately if you experience pain or discomfort
• Follow all safety instructions provided
• Use proper form and technique as demonstrated
No Medical Services: FunctionRx provides fitness, wellness, and movement services only. We do not provide medical advice, diagnosis, or treatment. Our services are designed to complement, not replace, professional medical care.
Results Disclaimer: Individual results may vary. Success depends on many factors including your commitment, consistency, starting fitness level, and individual physiology. We make no guarantees regarding specific outcomes.
Emergency Procedures: In case of injury or medical emergency during training, we will provide appropriate first aid and contact emergency medical services if necessary. You are responsible for any medical costs incurred.
Healthcare Disclaimer
The information provided on this website, including but not limited to text, graphics, images, and other material, is for informational and educational purposes only. The purpose of this website is to promote broad consumer understanding and knowledge of various health and wellness topics related to functional medicine and healthcare.
This information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on this website.
Before undertaking any new health care regimen, treatment, or making changes to your current healthcare plan, always consult with your healthcare provider. Individual results may vary, and what works for one person may not be appropriate for another.
FunctionRx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website. Reliance on any information provided by FunctionRx, its employees, or others appearing on the website at the invitation of FunctionRx is solely at your own risk.
If you think you may have a medical emergency, call your doctor or 911 immediately. FunctionRx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website.
HIPPA Disclaimer
Function Rx
Encinitas, CA
Effective Date: August 1, 2025
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
We understand the importance of privacy and are committed to maintaining the confidentiality of your medical information. We make a record of the medical care we provide and may receive such records from others. We use these records to provide or enable other health care providers to provide quality medical care, to obtain payment for services provided to you as allowed by your health plan and to enable us to meet our professional and legal obligations to operate this medical practice properly. We are required by law to maintain the privacy of protected health information, to provide individuals with notice of our legal duties and privacy practices with respect to protected health information, and to notify affected individuals following a breach of unsecured protected health information. This notice describes how we may use and disclose your medical information. It also describes your rights and our legal obligations with respect to your medical information. If you have any questions about this Notice, please contact our Privacy Officer at the contact information provided on our website.
TABLE OF CONTENTS
• How FunctionRx May Use or Disclose Your Health Information
• When FunctionRx May Not Use or Disclose Your Health Information
• Your Health Information Rights
• Right to Request Special Privacy Protections
• Right to Request Confidential Communications
• Right to Inspect and Copy
• Right to Amend or Supplement
• Right to an Accounting of Disclosures
• Right to a Paper or Electronic Copy of this Notice
• Changes to this Notice of Privacy Practices
• Complaints
A. How FunctionRx May Use or Disclose Your Health Information
Function Rx collects health information about you and stores it in a chart and on a computer. This is your medical record. The medical record is the property of FunctionRx, but the information in the medical record belongs to you. The law permits us to use or disclose your health information for the following purposes:
Treatment. We use medical information about you to provide your medical care. We disclose medical information to our employees and others who are involved in providing the care you need. For example, we may share your medical information with other physicians or other health care providers who will provide services that we do not provide. Or we may share this information with a pharmacist who needs it to dispense a prescription to you, or a laboratory that performs a test. We may also disclose medical information to members of your family or others who can help you when you are sick or injured, or after you die.
Payment. We use and disclose medical information about you to obtain payment for the services we provide. For example, we give your health plan the information it requires before it will pay us. We may also disclose information to other health care providers to assist them in obtaining payment for services they have provided to you.
Health Care Operations. We may use and disclose medical information about you to operate FunctionRx. For example, we may use and disclose this information to review and improve the quality of care we provide, or the competence and qualifications of our professional staff. Or we may use and disclose this information to get your health plan to authorize services or referrals. We may also use and disclose this information as necessary for medical reviews, legal services and audits, including fraud and abuse detection and compliance programs and business planning and management. We may also share your medical information with our “business associates,” such as our billing service, that perform administrative services for us. We have a written contract with each of these business associates that contains terms requiring them and their subcontractors to protect the confidentiality and security of your protected health information.
Appointment Reminders. We may use and disclose medical information to contact and remind you about appointments. If you are not home, we may leave this information on your answering machine or in a message left with the person answering the phone.
Sign In Sheet. We may use and disclose medical information about you by having you sign in when you arrive at our office. We may also call out your name when we are ready to see you.
Notification and Communication With Family. We may disclose your health information to notify or assist in notifying a family member, your personal representative or another person responsible for your care about your location, your general condition or, unless you had instructed us otherwise, in the event of your death. In the event of a disaster, we may disclose information to a relief organization so that they may coordinate these notification efforts. We may also disclose information to someone who is involved with your care or helps pay for your care.
Marketing. Provided we do not receive any payment for making these communications, we may contact you to give you information about products or services related to your treatment, case management or care coordination, or to direct or recommend other treatments, therapies, health care providers or settings of care that may be of interest to you. We will not otherwise use or disclose your medical information for marketing purposes or accept any payment for other marketing communications without your prior written authorization.
Sale of Health Information. We will not sell your health information without your prior written authorization.
Required by Law. As required by law, we will use and disclose your health information, but we will limit our use or disclosure to the relevant requirements of the law.
Public Health. We may, and are sometimes required by law, to disclose your health information to public health authorities for purposes related to: preventing or controlling disease, injury or disability; reporting child, elder or dependent adult abuse or neglect; reporting domestic violence; reporting to the Food and Drug Administration problems with products and reactions to medications; and reporting disease or infection exposure.
Health Oversight Activities. We may, and are sometimes required by law, to disclose your health information to health oversight agencies during the course of audits, investigations, inspections, licensure and other proceedings, subject to the limitations imposed by law.
Judicial and Administrative Proceedings. We may, and are sometimes required by law, to disclose your health information in the course of any administrative or judicial proceeding to the extent expressly authorized by a court or administrative order.
Law Enforcement. We may, and are sometimes required by law, to disclose your health information to a law enforcement official for law enforcement purposes.
Coroners. We may, and are often required by law, to disclose your health information to coroners in connection with their investigations of deaths.
Public Safety. We may, and are sometimes required by law, to disclose your health information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or the general public.
Proof of Immunization. We will disclose proof of immunization to a school that is required to have it before admitting a student where you have agreed to the disclosure on behalf of yourself or your dependent.
Workers’ Compensation. We may disclose your health information as necessary to comply with workers’ compensation laws.
Change of Ownership. In the event that FunctionRx is sold or merged with another organization, your health information/record will become the property of the new owner, although you will maintain the right to request that copies of your health information be transferred to another physician or medical group.
Breach Notification. In the case of a breach of unsecured protected health information, we will notify you as required by law. If you have provided us with a current e-mail address, we may use e-mail to communicate information related to the breach.
B. When FunctionRx May Not Use or Disclose Your Health Information
Except as described in this Notice of Privacy Practices, FunctionRx will, consistent with its legal obligations, not use or disclose health information which identifies you without your written authorization. If you do authorize Function Rx to use or disclose your health information for another purpose, you may revoke your authorization in writing at any time.
C. Your Health Information Rights
Right to Request Special Privacy Protections. You have the right to request restrictions on certain uses and disclosures of your health information by a written request specifying what information you want to limit, and what limitations on our use or disclosure of that information you wish to have imposed.
Right to Request Confidential Communications. You have the right to request that you receive your health information in a specific way or at a specific location.
Right to Inspect and Copy. You have the right to inspect and copy your health information, with limited exceptions. We will charge a reasonable fee which covers our costs for labor, supplies, postage, and if requested and agreed to in advance, the cost of preparing an explanation or summary.
Right to Amend or Supplement. You have a right to request that we amend your health information that you believe is incorrect or incomplete.
Right to an Accounting of Disclosures. You have a right to receive an accounting of disclosures of your health information made by FunctionRx.
Right to a Paper or Electronic Copy of this Notice. You have a right to notice of our legal duties and privacy practices with respect to your health information, including a right to a paper copy of this Notice of Privacy Practices.
If you would like to have a more detailed explanation of these rights or if you would like to exercise one or more of these rights, contact our Privacy Officer at the contact information provided on our website.
D. Changes to this Notice of Privacy Practices
We reserve the right to amend this Notice of Privacy Practices at any time in the future. Until such amendment is made, we are required by law to comply with the terms of this Notice currently in effect. After an amendment is made, the revised Notice of Privacy Protections will apply to all protected health information that we maintain, regardless of when it was created or received. We will keep a copy of the current notice posted in our reception area, and a copy will be available at each appointment. We will also post the current notice on our website.
E. Complaints
Complaints about this Notice of Privacy Practices or how FunctionRx handles your health information should be directed to our Privacy Officer at the contact information provided on our website.
If you are not satisfied with the manner in which this office handles a complaint, you may submit a formal complaint to:
OCRMail@hhs.gov
The complaint form may be found at https://www.hhs.gov/hipaa/filing-a-complaint/what-to-expect/index.html. You will not be penalized in any way for filing a complaint.
Notice of Privacy Policy
This privacy policy sets out how FunctionRx uses and protects any information that you provide when you use this website. FunctionRx is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. FunctionRx may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [August 1, 2025].
Information We Collect
We may collect the following information:
• Name and contact information
• Contact information including email address
• Demographic information such as location, preferences and interests
• Health information relevant to your care and treatment
• Other information relevant to patient surveys and/or service improvement
How We Use Your Information
We require this information to understand your needs and provide you with better healthcare services, and in particular for the following reasons:
• Healthcare Treatment and Services: To provide, coordinate, and manage your healthcare and related services
• Internal Record Keeping: Maintaining accurate medical and administrative records
• Service Improvement: We may use the information to improve our products and services
• Communication: We may periodically send information about new services, health tips, or other information which we think you may find beneficial using the contact information you have provided
• Research: From time to time, we may use your information to contact you for healthcare research purposes, always with your consent
• Website Customization: We may use the information to customize the website according to your interests and healthcare needs
Important: We will never sell your personal or health information. We may share your information with healthcare partners or service providers only as necessary for your care and treatment, and only with appropriate safeguards in place.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. These measures comply with HIPAA requirements for protecting health information.
How We Use Cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to patient needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to Other Websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling Your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
• Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used for marketing purposes
• If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the information provided on our website
• You have the right to request access to your personal health information under HIPAA regulations
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you health-related information or information about services which we think you may find beneficial if you tell us that you wish this to happen.
Your Rights Under HIPAA and Privacy Laws
• Right to Access: You may request details of personal health information which we hold about you
• Right to Amendment: If you believe that any information we are holding about you is incorrect or incomplete, please contact us as soon as possible
• Right to Restriction: You may request restrictions on how we use or disclose your health information
• Right to Confidential Communications: You may request to receive communications in a specific manner or at a specific location
Data Protection Compliance
FunctionRx complies with applicable federal and state privacy laws, including HIPAA (Health Insurance Portability and Accountability Act) and applicable California privacy regulations. We are committed to protecting your personal and health information according to the highest standards.
Contact Us
If you have any questions about this privacy policy, wish to access your personal information, or believe that any information we are holding about you is incorrect or incomplete, please contact us using the contact information provided on our website. We will promptly address any concerns and correct any information found to be incorrect.
Changes to This Policy
We reserve the right to modify this privacy policy at any time. Any changes will be posted on this page with an updated effective date. We encourage you to review this policy periodically to stay informed about how we protect your information
Professional Certification Disclosure
Practitioner Qualifications:
FunctionRx services are provided by certified fitness and wellness professionals:
• Certified Personal Trainer (CPT) – American College of Sports Medicine (ACSM)
• Certified Posture Alignment Specialist (PAS) – Egoscue Institute
Scope of Practice: Our practitioners are qualified to provide fitness training, exercise instruction, posture analysis, and movement therapy. We are not licensed medical professionals and do not diagnose, treat, or cure medical conditions.
Professional Standards: We adhere to the ethical guidelines and continuing education requirements established by ACSM and the Egoscue Institute. Our certifications are maintained through ongoing professional development and adherence to industry best practices.
Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) govern your use of our website, mobile applications, and online services (collectively, the “Services”) owned and operated by Function Rx (“we,” “us,” “our”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
1. Acceptance of Terms
By clicking “accept,” creating an account, or using our Services, you acknowledge that you have read, understand, and agree to these Terms. If you do not agree, please do not use our Services.
2. Healthcare Services and Medical Disclaimer
IMPORTANT MEDICAL DISCLAIMER: The information provided through our Services is for educational and informational purposes only and does not constitute professional medical advice, diagnosis, or treatment. Function Rx provides functional medicine consultations, health information, and wellness guidance for general information purposes only.
Always seek the advice of your qualified healthcare provider with any questions regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of information obtained through our Services.
Your interactions with our Services are not intended to replace your relationship with your primary care physician or other healthcare providers. Individual results may vary, and what works for one person may not be appropriate for another.
3. Emergency Situations
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Our Services are not designed for medical emergencies or urgent situations. You should not rely on our Services for emergency medical care.
4. Remote Services
Telehealth Medical Consultations: If you participate in telehealth medical consultations with our licensed practitioners:
• You must be located in California during medical consultations
• You are responsible for ensuring a private, secure environment
• All standard patient-provider confidentiality and HIPAA protections apply
Posture Therapy and Personal Training: Our posture therapy and personal training services are provided as fitness and wellness coaching, not medical services:
• Available to clients regardless of location
• Provided by certified fitness professionals, not medical doctors
• Focused on movement, exercise, and postural improvement
• Not intended to diagnose, treat, or cure medical conditions
• You should consult your healthcare provider before beginning any exercise program
For All Remote Services:
• Technical issues may occur and are not the responsibility of Function Rx
• Emergency protocols apply – call 911 for emergencies, not remote services
• You are responsible for ensuring a safe environment for any physical activities
5. Appointment Scheduling and Patient Portal
When using our appointment scheduling or patient portal features:
• You are responsible for providing accurate contact and health information
• Appointment cancellations must follow our stated policy
• You may access your own health records and information
• Sharing login credentials is prohibited
• Technical support is available during business hours
6. Mobile Application Terms
Our mobile application is available through app stores and includes additional terms:
• Compatible with iOS and Android devices
• May require updates for continued functionality
• App store terms also apply to downloads and usage
• Push notifications may be sent with your consent
• Offline functionality may be limited
7. Account Creation and Security
You agree to:
• Provide accurate and complete information when creating your account
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access
• Use the Services only for lawful purposes
• Not share your account with others (except authorized family members)
8. Subscription Services and Billing
If you subscribe to premium services:
• Auto-Renewal: Subscriptions automatically renew unless canceled before the renewal date
• Cancellation: You may cancel anytime through your account settings or by contacting us
• Payment: We accept major credit and debit cards issued by U.S. banks
• Price Changes: We will notify you of price changes in advance
• Refunds: Refund policies are available in your account settings
9. Privacy and Data Protection
Your health information is protected under HIPAA and our Privacy Policy. We:
• Maintain strict confidentiality of your health information
• Use secure, encrypted systems for data transmission and storage
• Will not sell your personal health information
• May use de-identified data for research and quality improvement
• Comply with California privacy laws
10. Prohibited Uses
You may not:
• Use the Services for any unlawful purpose
• Impersonate others or provide false information
• Interfere with the operation of our Services
• Attempt to access unauthorized areas of our systems
• Upload malicious code or viruses
• Use automated systems (bots, scrapers) without permission
11. Intellectual Property
All content on our Services, including text, images, videos, and software, is owned by Function Rx or our licensors and protected by copyright and trademark laws. You may:
• View and download content for personal, non-commercial use
• Not copy, modify, distribute, or create derivative works
• Not remove copyright or proprietary notices
12. User-Generated Content
If you submit information, reviews, or other content:
• You grant us permission to use, modify, and display such content
• You represent that you own the rights to the content
• You agree not to submit false, defamatory, or harmful content
• We may remove content at our discretion
13. Third-Party Links and Services
Our Services may contain links to third-party websites or integrate with other services. We are not responsible for:
• The content or privacy practices of third-party sites
• Any damages resulting from third-party services
• The availability or functionality of linked services
14. Service Availability and Modifications
We reserve the right to:
• Modify, suspend, or discontinue any feature of our Services
• Perform maintenance that may temporarily limit access
• Update these Terms with advance notice
• Terminate accounts for violations of these Terms
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
Function Rx shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Services, including but not limited to lost profits, data loss, or business interruption.
Our maximum liability to you is limited to the amount you paid for Services in the 12 months preceding the claim, or $500, whichever is greater.
16. Indemnification
You agree to defend, indemnify, and hold harmless Function Rx from any claims, damages, or expenses arising from:
• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to our Services
17. Dispute Resolution
Informal Resolution: Before pursuing formal legal action, please contact us to attempt to resolve any disputes informally.
California Law: These Terms are governed by California law. Any legal proceedings must be brought in San Diego County, California.
No Class Actions: You agree to pursue disputes individually and not as part of any class action or representative proceeding.
18. Age Requirements
Our Services are intended for individuals 18 years and older. We do not knowingly collect personal information from children under 18. If you are under 18, please do not use our Services or provide any personal information.
19. California-Specific Terms
As a California-based healthcare practice:
• We comply with California healthcare privacy laws
• Patients have specific rights under California law regarding health information
• Telehealth services are provided in compliance with California regulations
• Fee transparency requirements are met through our standard pricing disclosures
20. Force Majeure
We shall not be liable for any failure to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, government actions, or technical failures of third-party systems.
21. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and Function Rx.
22. Changes to Terms
We may update these Terms periodically. We will notify you of significant changes via email or through our Services. Continued use after changes constitutes acceptance of the new Terms.
23. Contact Information
For questions about these Terms or our Services:
Function Rx
Encinitas, CA
Contact information available on our website
Effective Date: August, 1, 2025
Last Updated: August, 1, 2025
By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
Website Terms of Service
1. Acceptance of Terms
By accessing and using this website, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Function Rx website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• Modify or copy the materials
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
• Attempt to decompile or reverse engineer any software contained on the Function Rx website
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or “mirror” the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Function Rx at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Healthcare Information Disclaimer
The information provided on this website is for educational and informational purposes only and is not intended as medical advice. Always consult with a qualified healthcare provider before making any decisions about your health or treatment. Function Rx does not provide medical advice, diagnosis, or treatment through this website.
The materials on the Function Rx website are provided “as is”. Function Rx makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Function Rx does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitation of Liability
In no event shall Function Rx or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Function Rx website, even if Function Rx or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Privacy and Confidentiality
Your use of this website is also governed by our Privacy Policy and HIPAA Notice of Privacy Practices. Please review these documents to understand how we collect, use, and protect your information.
6. Revisions and Errata
The materials appearing on the Function Rx website could include technical, typographical, or photographic errors. Function Rx does not warrant that any of the materials on its website are accurate, complete, or current. Function Rx may make changes to the materials contained on its website at any time without notice. Function Rx does not, however, make any commitment to update the materials.
7. Third-Party Links
Function Rx has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Function Rx of the site. Use of any such linked website is at the user’s own risk.
8. Prohibited Uses
You may not use this website:
• For any unlawful purpose or to solicit others to take unlawful actions
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
9. User Content
If you submit any content to this website (including but not limited to reviews, comments, or health information), you grant Function Rx a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, delete, and display such content. You represent that you own or have the necessary rights to all content you submit.
10. Termination
We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.
11. Modifications to Terms
Function Rx may revise these Terms of Service at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Service. We recommend that you review these terms periodically for any changes.
12. Governing Law
Any claim relating to the Function Rx website shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in San Diego County, California.
13. Severability
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.
14. Contact Information
If you have any questions about these Terms of Service, please contact us using the contact information provided on our website.
Last Updated: August 1, 2025
These Terms of Service constitute the entire agreement between you and Function Rx regarding the use of this website.
