Last Updated: September 30, 2024

Welcome, and thank you for your interest in Doctor ER. These Terms of Service set forth the terms and conditions that apply to your access and use of our website, shopdoctorer.com (the "Site"), and other services (collectively, the "Services") provided through Fourthwall. Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.

The terms "Doctor ER," "Creator," "we," or "us" refer to Wagner Media Group, Inc. and our website at shopdoctorer.com, provided through Fourthwall (the "Service"). These Terms of Service are a legally binding contract between you and Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING "I ACCEPT," OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CREATOR’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CREATOR'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CREATOR AND YOU TO BE BOUND BY THESE TERMS.

1. Creator Service Overview

We offer a website where you can purchase merchandise that we make available for sale, including digital products and memberships ("Memberships" and, collectively with all other merchandise, "Products").

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant that:

• You are at least 13 years old.
• You have not previously been suspended or removed from the Service.
• Your registration and use of the Service is in compliance with applicable laws and regulations.

If you are an entity, organization, or Creator, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access any Membership, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date. You are responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, notify us immediately at contact@support.shopdoctorer.com.

4. General Payment Terms

Purchasing any Product through the Service may require you to pay fees. Before you pay, you will have an opportunity to review and accept the applicable fees. All fees are in U.S. Dollars.

Price

Creator reserves the right to determine pricing for all Products and Memberships. Pricing information published on the website will be updated periodically, and changes will be communicated before they apply. Promotional offers may be provided at Creator’s discretion, and unless specifically offered to you, will not apply to your use of the Service.

5. Authorization & Memberships

You authorize Creator and its third-party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including applicable taxes, to the payment method specified in your account.

Memberships may include recurring payments. By activating a Membership, you authorize recurring charges for each Membership period unless you cancel before the renewal date. You may cancel your Membership by contacting us at contact@support.shopdoctorer.com.

6. Licenses

Limited License

Subject to your compliance with these Terms, Creator grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and any Memberships you have subscribed to during the term of your subscription.

License Restrictions

You may not, except as permitted by law:

• Reproduce, distribute, publicly display, or publicly perform the Service.
• Make modifications to the Service.
• Circumvent any security or access control mechanisms.

7. Ownership & Proprietary Rights

The Service and all related elements, including visual interfaces, data, computer code, and all other components, are protected by intellectual property laws. You may not use any materials from the Service without express permission from Creator. All rights not expressly granted are reserved.

8. Modification of Terms

We reserve the right to modify these Terms on a going-forward basis. If any provision is changed, your authorization to access the Service terminates. Creator or Fourthwall may terminate these Terms or your account for any reason, at any time, without notice.

9. Effect of Termination

Upon termination:

• You must cease all use of the Service.
• Any unpaid amounts prior to termination must be paid.
• Sections 5.3, 6, 9.3, 10, 11, 12, and 13 will survive.

10. Modification of the Service

Creator reserves the right to modify or discontinue the Service at any time without notice. Creator will not be liable for any changes, suspensions, or terminations of the Service.

11. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service and agree to indemnify Creator and its affiliates from any claims, liabilities, or losses arising from your use of the Service or violation of these Terms.

12. Disclaimers & No Warranties

The Service is provided "as is" without warranties of any kind. Creator disclaims all warranties, including those related to availability, reliability, and fitness for a particular purpose. Use of the Service is at your own risk.

13. Disclaimers of Medical Advice

The products sold on this website are for novelty purposes only and are not intended to provide medical advice, diagnosis, or treatment. You should not rely on any information provided on this website as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

14. Miscellaneous

These Terms, together with the Privacy Policy, form the entire agreement between you and Creator. Any disputes will be governed by California law, and you agree to the jurisdiction of the courts in San Francisco, California.

Please review our Privacy Policy for details about how we collect, use, and share personal information. You may contact us at contact@support.shopdoctorer.com.