TERMS OF SERVICE
IV MD LLC (“IV MD,” “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 and their related internet-based services, features, content, and functionality, including the Appointment Booking Service (the “Booking Service” and, together with the Site, the “Service” or “Services”).
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. You will be notified of any changes via email communication. 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 or by posting them on the Site. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us at firstname.lastname@example.org. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of 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, information provided by you and information about your geolocation.
GENERAL USE OF THE SERVICE
Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable 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 IV MD LLC and its licensors.
Any commercial or promotional use, distribution, reproduction, or other exploitation of the service, or any content, code, data, or materials on the Site, 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.
The Service is the proprietary property of IV MD LLC 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.
IV MD LLC 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 health care 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 IV MD’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 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 18 years old. If you are not 18 years old, please do not use our Service.
PAYMENTS & CANCELLATION POLICY
Services scheduled and/or purchased from IV MD LLC, through the Services or otherwise, are provided by licensed medical professionals contracted with IV MD LLC.
By scheduling an appointment with IV MD LLC, through the Services or otherwise, you agree to pay IV MD LLC the fee indicated for the service that has been scheduled. Payments will be charged at the time of scheduling or at the time of service as indicated or directed. IV MD LLC REQUIRES AT LEAST 24 HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of the fee indicated for the service(s) scheduled if you cancel an appointment within 24 hours of its scheduled time. However, you may cancel an appointment without charge if it is cancelled within fifteen (15) minutes of being scheduled through the Services or otherwise. MISSED APPOINTMENTS ARE NOT REFUNDABLE. In the unusual event, we are unable to provide our services to you because of our availability, a CREDIT or a REFUND WILL BE PROVIDED. Credits or refunds will not be provided to customers who are unsatisfied with the services.
In the event that the medical professional contracted by IV MD LLC is unable to perform a portion of the scheduled service(s) due to circumstances out of the medical professional’s control (e.g. difficulty engaging a vein) you will receive a credit or refund of the full amount of the services scheduled, less a medical assessment fee of ninety-five dollars ($95.00).
In the event that you misrepresent yourself in any way, including, but not limited to, your age, or the medical history provided by you is not accurate (as determined by a medical professional engaged by IV MD LLC) at the time of the appointment, or you are under the influence of drugs or alcohol at the time of the appointment, you will be charged for the full amount of the services scheduled but no services will be provided; however, for an additional charge of ninety-five dollars ($95.00), you may reschedule this appointment for a time that is at least four (4) hours after the scheduled time of the original appointment so long as you are no longer under the influence of drugs or alcohol and, in the determination of a medical professional engaged by IV MD LLC, your medical history has been corrected.
Upon your acceptance of these terms and submission of your purchase, you hereby agree that IV MD LLC has the right to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes that IV MD LLC is required to collect, and you authorize IV MD LLC to do so.
If you make a payment by credit card, your credit card information may be stored and will only be accessed by authorized agents on behalf of IV MD LLC for the purpose of obtaining payment. In the event that you elect to change the services scheduled and/or purchased from IV MD LLC prior to the delivery of such services, IV MD LLC may, in IV MD LLC’s sole discretion, use your stored credit card information to charge you for the additional services provided or to provide a credit to you for services that are not provided, as the case may be, and you authorize IV MD LLC to do so. In the case of an applicable credit, such credit will be given to you approximately three (3) to five (5) business days after you have notified IV MD LLC of the respective change in the services to be provided, subject to the policies of the respective credit card companies. You acknowledge that it is your responsibility to ensure that payment in advance for all services scheduled and/or purchased from IV MD LLC, and to ensure that your credit cards or other payment instruments accepted by IV MD LLC continue to be valid and sufficient for such purposes.
Memberships/Subscriptions require 3 months minimum participation and 30 days written notice for cancellation. Notice should be emailed to email@example.com at least 30 days prior to desired cancellation date to ensure auto-draw ceases. Stored credit cards will be charged on a monthly basis on the day that membership was initiated. Any unused services are forfeited at the start of the following month. Services do not rollover. Membership discounts do not apply to concierge services.
You agree to release, indemnify, defend and hold harmless IV MD LLC, its parent, subsidiaries and affiliates and its 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 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, IV MD LLC, 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, IV MD LLC will stop providing the Service to you.
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.
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.
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 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.
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 at firstname.lastname@example.org. 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. Our Copyright Agent may be reached at email@example.com.
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 inherent risk in 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, 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.
Promotions. This site may contain promotions and discounts. Each promotion may vary and may be governed by the rules set forth with that promotion.
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. IV MD LLC 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 inures 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 IV MD LLC 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 Florida without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations; Florida law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Florida. All parties to these terms and conditions waive their respective rights to a trial by jury.
If you have any questions concerning these Terms, please contact us at firstname.lastname@example.org