Consent To Treat And Financial Responsibility Guarantee.
CONSENT TO MEDICAL CARE.
I hereby authorize the health care providers of Drip IV Therapy (“the Practice”) and their staff, to perform any medical diagnostic procedures and medical care which in their professional judgment is deemed necessary to diagnose and/or treat the conditions that have brought about my seeking Wellness services from the Practice. I acknowledge that no guarantees are made to me concerning the outcomes of the treatment rendered by the health care providers of the Practice.
I understand that the services that Practice provides include: Intravenous therapy. I agree that the Practice has communicated to me the risks and benefits associated with each treatment I am agreeing to undertake, and I have had an opportunity to ask the practitioner any questions I have on the risk associated with the treatment I am undertaking. Knowing each of those risks, I am agreeing to proceed with services from the Practice.
I consent to receiving a medical screening via telehealth/telemedicine/phone or text messages and understand that there are certain risks associated with receiving care through telehealth/telemedicine/phone and text messages. Furthermore, I have made the medical staff aware of all my known health conditions, allergies, and medications I am taking.
I acknowledge the rendering of care by the staff of Drip IV Therapy, including the medical doctor, nurse practitioner, physician assistant, nurse or other staff person. Care may include, but is not limited to, obtaining a medical history, performing a physical assessment or telemedicine examination, and providing treatment as needed.
I understand that I am assuming the risk of exposure to COVID-19 (or other public health risk) by having these services provided. Moreover, by inviting the Practice into my home, workplace, hotel or event space, I understand that there may be an increase in risk to exposure to other individuals who I am in contact with. I agree to inform the Practice if either myself or anyone I live with or anyone I have been in contact with displays any symptoms consistent with the coronavirus.
I understand that the Practice may create a customized therapy to meet my needs. I understand that such custom therapies may not be reviewed or approved by the Food and Drug Administration or any other entity for safety, quality, or effectiveness. I knowingly and voluntarily consent to such therapies regardless of whether or not they are approved by the FDA or any other entity for safety, quality, or effectiveness.
Mediation and Arbitration Agreement: While the Practice does not anticipate any issues or concerns during the course of my treatment, it is understood and agreed by me and the Practice, including its employees (including, its nurses, physicians, etc.), agents, subsidiaries, affiliates, successors or assigns, that any and all disputes between us exceeding the jurisdictional limit of the small claims court, including, but not limited to any claim of medical malpractice, loss of consortium, wrongful death, and emotional distress (“Disputes”) shall first be submitted to non-binding mediation or, if such mediation proves to be unsuccessful, to binding arbitration, and not by a lawsuit or resort to court process except as applicable law provides for judicial review of arbitration proceedings. A Dispute shall be waived and forever barred if (i) on the date notice thereof is received by a party requesting Mediation and/or arbitration of a Dispute, the claim, cause of action or Dispute, if asserted in a civil action, would be barred by the applicable statute of limitations for the applicable state or federal law that would otherwise govern it if it had been brought in civil court, or (2) the applicable party fails to pursue arbitration in accordance with the procedures prescribed herein with reasonable diligence. It is our intent that this agreement binds all parties whose claims may arise out of or related to any treatment or service provided by the Practice to me, including my spouse (if any) or heirs and any children, whether born or unborn, at the time of the occurrence giving rise to any claim.
All Disputes based upon the same incident, transaction or related circumstances shall be mediated and, if necessary, arbitrated in one proceeding. However, I agree that the Practice may, at the Practice’s sole discretion and in lieu of mediation or arbitration, file one or more actions in a court of appropriate jurisdiction to collect any fees owed by me to the Practice. The filing by the Practice to collect any fees from me shall not waive the Practice’s right to compel mediation and arbitration of any other Disputes.
Mediation. Prior to either of us pursuing any Disputes either in arbitration or otherwise, we will voluntarily submit all Disputes (except to pursue injunctive relief) to voluntary non-binding mediation before a jointly selected neutral third-party JAMS or AAA mediator (“Mediation”). Mediation shall occur in Los Angeles, California within sixty (60) days of either of us notifying the other party in writing of such dispute. The mediator’s fee shall be split equally between us; however, each of us shall pay the fees of our own attorneys and expenses of our own witnesses (if any).
Arbitration. All Disputes that are not resolved by Mediation shall be resolved by final and binding arbitration except for Disputes that are expressly prohibited by applicable law from being subject to binding arbitration. Arbitration shall be conducted by a single neutral arbitrator before the J.A.M.S / Endispute or its successor (“JAMS”) in Los Angeles, California. Except as provided otherwise herein or as may be required under applicable law for arbitrations involving health care providers, the arbitration shall be conducted under the JAMS Streamlined Arbitration Rules, or equivalent rules in effect at the time the arbitration demand is filed (the “Rules”). The arbitrator shall be qualified by education, training, or experience to resolve the underlying Dispute(s). We shall first try to agree upon an arbitrator amongst ourselves; however, if unsuccessful after fourteen (14) calendar days, the arbitrator will be selected from an odd-numbered list of experienced arbitrators provided by JAMS with each of us striking one arbitrator from the list alternately until only one arbitrator remains. The arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator under this agreement. This immunity shall supplement and not supplant any other applicable statutory or common law immunity. As in any arbitration, the burden of proof shall be allocated as provided by applicable law. The arbitrator shall have all powers conferred by law and a judgment may be entered on the award by any court of law having jurisdiction. The arbitrator shall render a written arbitration award or decision that contains the essential findings and conclusions on which the award is based. Either of us may bring an action to confirm or enforce any arbitration award or orders in any state or federal court of competent jurisdiction. To the maximum extent permitted by law, the decision of the arbitrator shall be final and binding on us and shall be subject to judicial review only to the extent provided by law. We shall be entitled to file dispositive motions before the arbitrator to the same extent as would be allowed had the dispute been heard in a court of law having jurisdiction over our claims or counterclaims. Discovery shall be conducted pursuant to California Code of Civil Procedure section 1283.05; however, depositions may be taken without prior approval of the arbitrator. We also both shall have the absolute right to arbitrate separately the issues of liability and damages upon written request to the arbitrator. We both consent to the intervention and joinder in any arbitration of any person or entity which would otherwise be a proper additional party in a court action, and, upon such intervention and joinder, any existing court action against such additional person or entity shall be stayed pending arbitration. The arbitrator is authorized to award such relief as would otherwise be permitted by law. The arbitrator is also authorized to award equitable relief, costs, attorneys’ fees, and expert witness fees and to allocate them among the parties as provided by law or the applicable JAMS rules for the particular claims asserted. Although, we agree that the arbitrator may not award punitive damages for any Dispute. The expenses and fees of the arbitration as well as the arbitrator shall be split equally between us or, in the event of an intervention or joinder by any third party, the split shall be a pro-rata split between all parties to the arbitration. Unless otherwise directed by the arbitrator, each party to the arbitration shall bear their own legal fees, witness fees (if any) or any other costs or expenses incurred by the party for such party’s own benefit in any arbitration. However, the prevailing party in any arbitration shall be entitled to its reasonable attorneys’ fees, costs and necessary disbursements or expenses in addition to any other relief to which it may otherwise be entitled. Finally, we both agree that provisions of California law applicable to health care providers shall apply to disputes within this arbitration agreement, including, but not limited to, Code of Civil Procedure Section 340.5 and 667.7 and Civil Code Sections 3333.1 and 3333.2.
I acknowledge and agree that I am executing this agreement to arbitrate and mediate voluntarily and without any duress or undue influence by the Practice or anyone else. I also warrant that I have not relied on any oral representations relative to mediation or arbitrations that are not in writing and included in this agreement. Furthermore, I acknowledge and agree that I fully understand this agreement, including that: BY AGREEING TO ARBITRATION, I AM GIVING UP AND WAIVING ANY RIGHTS THAT I MAY HAVE TO TRIAL BY A JUDGE OR JURY WITH REGARD TO THE MATTERS WHICH ARE REQUIRED TO BE SUBMITTED TO MANDATORY BINDING ARBITRATION, INCLUDING ANY MALPRACTICE DISPUTES. FURTHERMORE, I ALSO UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE IS NO RIGHT TO APPEAL OR A REVIEW OF AN ARBITRATOR’S AWARD AS THERE WOULD BE A JUDGE OR JURY’S DECISION.
FINANCIAL AGREEMENT AND GUARANTEE.
I accept full and complete financial responsibility for all Wellness treatments rendered to me and agree to pay for the services in full on the day of receiving service. I further acknowledge, understand, and agree that in the event that I fail to make such payments in accordance with the payment policies of the Practice, or in the event of default of my financial obligation to pay for services rendered, the Practice may terminate the “doctor-patient” relationship with me. Furthermore, in the event of my default of my financial obligation, should my account be turned over to an external collection agency for non-payment, I agree to pay any associated collection costs.
GOVERNING LAW. Except to the extent governed by the Federal Arbitration Act, this agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California and without regard to its conflicts of laws provisions. I hereby expressly consent to the personal jurisdiction of the state and federal courts located in Los Angeles, California, which shall have exclusive jurisdiction to adjudicate any dispute arising out of this agreement that is not otherwise governed by the arbitration provision herein.
SEVERABILITY. The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof, all of which shall remain enforceable in accordance with their terms. If any of the provisions of this agreement or any part of any of them is hereafter construed or adjudicated to be invalid or unenforceable, such provision (or portion thereof) will be enforced to the maximum extent permissible so as to effect our intent, and the remainder of this agreement will continue in full force and effect without regard to the invalid portions.
I understand that the terms herein are contractual and not a mere recital; and that I sign this document as my own free act and void of any coercion. I also understand and acknowledge that I have the right to request and receive a copy of this agreement at any time from the Company. The permissions granted herein shall begin on the date listed below and shall remain effective until terminated by the undersigned except for the financial agreement and guarantee, governing law, severability and mediation and arbitration sections herein, which cannot be terminated. My signature below verifies that I have read all of the information contained in this agreement and asked questions about anything I have not understood up to this point.
Cancellation Policy
Confirmed and Unconfirmed Appointments
For all online requests, a member of our staff will call to confirm your appointment. Please note that the appointment is not confirmed until a staff member reaches out to you for pre-screening and to confirm. For all confirmed appointments, the cancellation rules apply.
Cancellation – 24 hour advance notice
Applies to only confirmed appointments.
We require at least 24 hour advance notice of cancellation to avoid cancellation fees. However if your appointment is confirmed a fee will still apply.
If you or part of your group cancel within the 24-hour advance period, a $100 cancellation fee will apply. For all group events, a $100 cancellation fee per person will be applied.
Cancellation – within 2 hour advance notice and missed appointments
Applies to only confirmed appointments.
Missed appointments or cancellation notifications within 2 hours prior to appointment time are non-refundable.
If part of your group is present for the appointment:
a) and your group is 3 persons or less, any missing persons will be charged fully.
b) and your group is 4 persons or more, any missing persons will be refunded their charges but incur a $100 no-show fee per person. (I.e. if 10 people book, and 5 people show, the 5 persons will be charged fully, and the no-show 5 persons will be refunded for their services and charged a $100 per person cancellation fee)
Medically unsafe:
All medical information must be appropriately disclosed during triage. If medical information is not disclosed during the triage/consultation/ medical clearance phase, and the registered nurse determines upon arrival that the patient is medically unsafe, treatment will be discontinued and a medically unsafe fee of $125 (+travel, where applicable) will be charged to the patient.
Terms of Use
Customer Terms of Service
Drip IV Therapy (“Drip IV Therapy” “we,” “us,” “our) thank you for visiting our website (the “Site”). These Terms of Service (“Terms”) govern your access to and use of the Site related internet-based services, features, content, and functionality.
By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms.
ACCEPTANCE OF TERMS
These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting. Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.
By using the Service, you also agree that we may send you various communications by email. After submitting a booking form you may receive occasional newsletters and offers from us via email. We will not sell or distribute your email address to any third party at any time. You can unsubscribe from these emails at any time. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through the Service.
We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, the information provided by you and information about your geolocation.
GENERAL USE OF THE SERVICE
Limited License. Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Service; and (ii) access and use any content information and related materials that may be made available through the service to you, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Drip IV Therapy and its licensors.
Prohibited Uses.
Any commercial or promotional use, distribution, reproduction, or other exploitation of the service, or any content, code, data, or materials on either the Site or the App, is strictly prohibited unless you have received express prior written permission from us. Other than as expressly allowed in these Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary notices. If you make other use of the Service, or its content, code, data or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, or applicable state laws and may be subject to liability for such unauthorized use.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Service in violation of our or any third party’s intellectual property or other proprietary or legal rights; (v) insert your own or a third party’s advertising, branding or other promotional content into any of the Service’s content, materials or services; or (vi) use the Service in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof. You agree that you shall not sue the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
Proprietary Rights.
The Service is the proprietary property of Drip IV Therapy and/or its third party licensors, and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you ownership of any content, code, data or materials you may access on or through the Service, or download from the Service.
MEDICAL DISCLAIMER
Drip IV Therapy’s Service is designed to enable you to request and book certain intravenous hydration services to be provided by a licensed medical professional. We only schedule your requested service(s) and bill you on behalf of the licensed medical professional. We do not provide medical care services. Our Service is not engaged in the practice of medicine and is not a health care provider.
A licensed healthcare professional, who has contracted with us, will perform the requested healthcare services for you. The health care professional with which you establish a treatment relationship is solely responsible for providing you with medical services.
We encourage you to consult with your own health care provider prior to using Drip IV Therapy’s Service to book any health care service or if you have any questions regarding any potential health care service.
These Terms apply to the Service. We may also present to you through your use of the Service any terms specific to the use of a particular service (“Service-Specific Terms”). All Service-Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.
The Service is only available to individuals who are at least 17 years old. If you are not 17 years old, please do not use our Service.
PAYMENTS
Payments. By booking an appointment for Drip IV Therapy services through the Service, you agree to pay Drip IV Therapy the fee indicated for the booked service. Payments will be charged at the time of scheduling or at the time of service.
Refunds and/or Credits.
In the event that the medical professional is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.
In the event that the medical professional is unable to perform the booked services due to (1) your current or previous medical history, condition, or reason, or (2) due to circumstances outside of the medical professional’s control after the insertion of the I.V. needle, you will receive a credit or refund for the full amount of the services scheduled, less a medical examination fee of one hundred dollars twenty five ($125.00).
Drip IV Therapy does not accept returns nor guarantee refunds for any product once it has left the pharmacy (NAD Injections, NAD Nasal Spray, Peptide Therapy, TRT, and Medical Weight Loss).
Authorization to Charge. By using the Booking Services, you hereby agree Drip IV Therapy has the right and authorize Drip IV Therapy to automatically charge your credit card (or other payment methods) for the applicable fees or charges, plus any applicable taxes.
Misrepresentations. If during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, misrepresentation of your age or medical history, Drip IV Therapy reserves the right to cancel your booked service without notice and charge you the full amount. If at the time of your booked service, you are under the influence of drugs or alcohol, Drip IV Therapy will not perform the service and you will be charged the full amount.
MOBILE DEVICES AND APPS
Mobile Device. We may from time to time make available mobile apps that permit the Service to be accessed and operated through smartphones or other mobile devices. The Service is licensed, not sold, to you for use only under these Terms. This license does not allow you to use the Service on any mobile device that you do not own or control, and you may not distribute or make the Service available over a network, or where it could be used by multiple devices at the same time. The Terms will govern any upgrades provided by us that replace and/or supplement the original version of the Service unless such upgrade is accompanied by a separate license designated by us, in which case the terms of that separate license will govern. We do not guarantee that the Service will be available for, or function in connection with, all smartphones or mobile devices.
Device Providers. If you download the Service from the iTunes® or Apple®Store for use with your Apple Inc. (“Apple”) mobile device (“Apple Mobile App”) or from Google Play® or Google, Inc. (“Google” and together with Apple, the “Device Providers”) for use with your Android® mobile device (“Android Mobile App” and together with Apple Mobile App, the “Mobile Apps”):
You acknowledge that these Terms are concluded between you and Drip IV Therapy only, and not with the Device Providers, and that Drip IV Therapy, not the Device Providers, is solely responsible for the Mobile Apps and the content thereof;
You agree to the applicable Device Providers’ terms of use or service and you will only use the Mobile Apps solely as permitted by the usage rules set forth in the applicable terms of use or service, which you acknowledge you have had the opportunity to review; provided, however, that if these Terms include more restrictive terms than the Device Providers’ terms of use or service, then such more restrictive terms will supersede the conflicting terms;
You acknowledge that the Device Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps;
In the event of any failure of any Mobile Apps to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price (if any) for the Mobile Apps and that, to the maximum extent permitted by applicable law, the Device Providers will have no other warranty obligation whatsoever with respect to the Mobile Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Drip IV Therapy’s sole responsibility (subject to the qualifications, disclaimers, and limitations set forth in these Terms);
You acknowledge that (i) in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringes that third party’s intellectual property rights, Drip IV Therapy, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, and (ii) Drip IV Therapy, not Apple or Google, is responsible for addressing any of your claims or those of any third party relating to the Mobile Apps or your possession and use of the Mobile Apps, including (A) product liability claims, (B) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers, and limitations set forth in these Terms (which will not be construed in a manner that would limit Drip IV Therapy’s liability beyond the extent permitted by applicable law); and
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Parties. You agree to comply with any applicable third-party terms of agreement when using the Mobile Apps. You acknowledge and agree that the Device Providers and their subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the Device Providers will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary thereof. Apple® and iTunes® are registered trademarks of Apple Inc. Google Play® and Android® are registered trademarks of Google, Inc.
Data Plan. In order to use a Mobile App, you may also need to purchase an appropriate data plan from your wireless carrier and we are not responsible for overages or for actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.
INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless Drip IV Therapy, its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
THIRD-PARTY WEBSITES OR SERVICE
Our Site or App may contain links to, or advertisements and content from, other websites, including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such sites or third-party advertisements on our Service does not imply our endorsement or recommendation and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third-party sites and advertisements is done at your own risk.
DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
Exclusion of Certain Liability. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DRIP IV THERAPY, OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
TERM AND TERMINATION
These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however, either party may terminate these Terms at any time without notice. Upon any termination or expiration, Drip IV Therapy will stop providing the Service to you.
INFORMATION
We do not warrant or guarantee the accuracy, completeness, or timeliness of any information available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.
AVAILABILITY
Our goal is to provide a product with outstanding uptime and reliability. Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable. Although we strive to operate without interruption, we do not guarantee that the Service will always be made available.
INFORMATION SECURITY
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee the security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.
INTERNATIONAL VISITORS
We control and operate the Service from the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and ask our users, advertisers, licensors, and service providers to do the same. If you believe that your intellectual property is accessible on our Site or App in a way that constitutes infringement, please contact us through our contact form.
In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notices of claims of copyright infringement on the Site or App. Our Copyright Agent may be reached through our contact form.
ELECTRONIC COMMUNICATIONS
The very nature of the Service provides communications by us and by electronic means (e.g., via email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is an inherent risk in the use of the Internet and that the information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.
REMEDIES FOR BREACH
If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site or App, we reserve the right to: (i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.
If your ability to access the Services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Services and/or any other product, content, or service provided by us, through use of a different name or otherwise.
The remedies contained in the Terms are not the exclusive remedies for your breach, but will be in addition to all other remedies available to us by law or in equity.
OTHER TERMS
Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. Drip IV Therapy may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
Entire Agreement. These Terms constitute the complete and entire agreement between you and Drip IV Therapy concerning its subject matter, and supersedes all prior agreements and representations between the parties.
Interpretation. The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
No Waiver. A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
Governing Law and Jurisdiction. This Agreement is governed by and construed under the laws of the State of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations; California law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in California. All parties to these terms and conditions waive their respective rights to a trial by jury.
CONTACT US
If you have any questions concerning these Terms, please contact us at [email protected]
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