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 medical care 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 Practice provides IV therapy and COVID-19 testing services. I agree that the Practice has communicated the risks and benefits associated with each treatment I agree to undertake. I have had an opportunity to ask the practitioner any questions about the risk associated with the treatment I am undertaking. Knowing each of those risks, I agree to proceed with services from the Practice.
- I consent to a medical screening via telehealth/telemedicine/phone or text messages and understand that certain risks are 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 another staff person. Care may include, but is not limited to, obtaining a medical history, performing a physical examination 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 risks) by providing these services. Moreover, by inviting the Practice into my home or workplace, I understand that there may increase the risk of exposure to other individuals with whom I am in contact. I agree to inform the Practice if either myself, 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 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 I owe 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 a dispute. The mediator’s fee shall be split equally between us; however, each of us shall pay our attorneys’ fees and the expenses of our 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. The arbitration shall be conducted by a 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 applicable law provides. 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 arbitrator’s decision 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 shall also 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 and 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 legal fees, witness fees (if any), or any other costs or expenses incurred by the party for such party’s 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 agree that California law’s provisions applicable to health care providers shall apply to disputes within this arbitration agreement, including, but not limited to, Code of Civil Procedure Sections 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 want you to know that I have not relied on any oral representations relative to mediation or arbitrations that is 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 concerning 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 medical services rendered to me and agree to pay for the services within seven days of receiving testing. I further acknowledge, understand, and agree that if I fail to make such payments in accordance with the Practice’s payment policies 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 the 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 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 affect 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; I sign this document as my free act and void of 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.
Confirmed and Unconfirmed Appointments
The cancellation rules apply if your appointment with one of our staff members is confirmed at any time.
You will be refunded fully if your appointment is confirmed after the booking time.
Cancellation – 24-hour advance notice
Applies only to 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, you will be refunded fully but also charged a $75 cancellation fee for individual appointments and a $75 cancellation fee per person for group appointments.
Cancellation – within 2 hours advance notice and missed appointments
Applies only to confirmed appointments.
Missed appointments or cancellation notifications within 2 hours before appointment time are non-refundable.
If part of your group is present for the appointment:
a) If your group is three persons or less, any missing persons will be charged fully) and your group is four persons or more, any missing persons will be refunded their charges but incur a $75 no-show fee per person. (I.e., if ten people book and five people show, the five persons will be charged fully, and the no-show five persons will be refunded for their services and charged a $75 per person cancellation fee)
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.
1. 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. 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 service use 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 agree that we may send you various emails 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 do 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.
2. 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 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, 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 use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment.
- 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.
3. MEDICAL DISCLAIMER
Drip IV Therapy’s Service is designed to enable you to request and book certain intravenous hydration services 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 medicine nor a health care provider.
A licensed healthcare professional who has contracted with us will provide you with the requested healthcare services. The healthcare professional with which you establish a treatment relationship is solely responsible for providing you with medical services.
We encourage you to consult your healthcare provider before using Drip IV Therapy’s Service to book any healthcare service or if you have any questions regarding any potential healthcare 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. The Service-Specific Terms will control the extent that these Terms conflict with the Service-Specific Terms.
The Service is only available to individuals at least 18 years old. If you are not 18 years old, please do not use our Service.
- Payments. By booking an appointment for Drip IV Therapy’s 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.
- If 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 total amount of the services scheduled, less a medical examination fee of one hundred dollars ($100.00).
- Authorization to Charge.
- By using the Booking Services, you hereby agree that Drip IV Therapy has the right to authorize Drip IV Therapy to automatically charge your credit card (or other payment methods) for the applicable fees or charges, plus any applicable taxes.
- 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.
5. 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 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 acknowledge that the Device Providers have no obligation whatsoever to furnish any maintenance and support services concerning 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 agreement terms 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. To use a Mobile App, you may also need to purchase an appropriate data plan from your wireless carrier. We are not responsible for overages or actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.
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 these Terms. At our own expense, we reserve the right 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.
7. 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.
8. 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.
9. 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 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.
10. TERM AND TERMINATION
These Terms remain in full force and effect until they are terminated according to the terms herein. However, either party may terminate these Terms at any time without notice. Drip IV Therapy will stop providing the Service to you upon termination or expiration.
We don’t want to warrant or guarantee the accuracy, completeness, or timeliness of any information available through 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 available.
13. INFORMATION SECURITY
We have used commercially reasonable efforts to implement various 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 in your account or otherwise collected by us.
14. 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 initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
15. 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 [email protected]. 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 [email protected].
16. 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 using 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.
17. 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 included in the Terms are not exclusive to your breach but will be in addition to all other remedies that are available to us by law or in equity.
18. OTHER TERMS
18.1 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 violating 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 inures to the benefit of the parties and their respective permitted successors and assigns.
18.2 Entire Agreement. These Terms constitute the complete and entire agreement between you and Drip Hydration concerning its subject matter and supersede all prior agreements and representations between the parties.
18.3 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.
18.4 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.
18.5 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 to affect[email protected] the parties’ intent, and the remainder of this Agreement will continue in full force and effect.
18.6 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. If 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.
19. CONTACT US
If you have any questions concerning these Terms, please contact us at [email protected]