Customer Terms of Service
DripIV . (“we,” “us,” “our) thank you for visiting our website (the “Site”) or mobile application (the “App”). These Terms of Service (“Terms”) govern your access to and use of the Site and the App and their related internet-based services, features, content, and functionality, including the appointment booking service (the “Booking Service” and, together with the Site and the App, the “Service” or “Services”).By using the Service, you acknowledge that you have read, accepted, and agreed to 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 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 or by posting them on the Site or the App. 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 RSVP@dripiv.com. 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.
2. USER ACCOUNT
When you create a User Account, you agree to take full responsibility for maintaining the confidentiality of your access credentials used to log into the Service (e.g., username and password), and for all activity that is generated by your User Account. You may not permit anyone else to use your access credentials, and you may not use anyone else’s access credentials. You may not attempt to gain unauthorized access to any other user’s access credentials. You agree to immediately notify us in the event that (i) your access credentials are lost or stolen, or (ii) you become aware of any unauthorized use of your access credentials or of any other breach of security that might affect the Service. We are not responsible for any loss or damage arising from someone else using your access credentials or your failure to comply with this section.
3. GENERAL USE OF THE SERVICE
3.1Limited License. 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 DripIV.
3.2Prohibited 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.
3.3Proprietary Rights.The Service is the proprietary property of DripIV, 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.
4. MEDICAL DISCLAIMER
DripIV’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. 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 will perform the requested Services for you. The Services provided have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure or prevent any disease. The materials provided on this website are for informational purposes only and do not constitute medical advice. We encourage you to consult with your own health care provider prior to using DripIV’s Services.The Service is only available to individuals 18 years or older.
5.1Payments. By booking an appointment for DripIV Services, you agree to pay DripIV the fee indicated for the booked Service. Payments will be charged at the time of scheduling or at the time of Service delivery.
5.2Cancellations.WE REQUIRE AT LEAST 12-HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of the booked service should you not provide at least 12-hour advanced notice of cancellation. If you book your service less than 12-hours in advance, you may not cancel. Group appointments (parties of two (2) or more) are subject to the same cancellation policy, and will be charged for all people booked unless you provide 12-hour advanced notice of any cancellations. For example, if you book a service for six (6) people, but only four (4) are present for the service without 24-hour advanced notice for the other two (2) patients, you will be charged for all six (6) services. MISSED APPOINTMENTS ARE NON-REFUNDABLE.
5.3Refunds 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.If the medical professional is unable to perform the booked services due to (1) your current or previous medical history, or (2) circumstances outside of the medical professional’s control after commencement of Services, you will receive a credit or refund for the full amount of the services scheduled, less a medical examination fee of one hundred dollars ($100.00).
5.4Authorization to Charge. By using or booking Services, you hereby agree DripIV has the right and authorize DripIV to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes.
5.5Membership Agreement. All of the membership options offered by DripIV represent a significant discount of services and therefore require a 12 month commitment. Once a treatment is received under DripIV's membership program you may not cancel or downgrade your subscription. Termination of a membership requires the outstanding balance to be paid in full. MEMBERSHIPS CAN NOT BE CANCELED.
5.6 Misrepresentations. If, during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, DripIV 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, DripIV will not perform the Service and you will be charged the full amount.
6. MOBILE DEVICES AND APPS
6.1Mobile Device. We may from time to time make available mobile apps that permit the Service to be accessed and operated through smart phones 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 smart phones or mobile devices.
6.2Data 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.
You agree to release, indemnify, defend and hold harmless DripIV, its subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, including attorneys’ fees and costs 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.
8. 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 that 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 at your own risk.
9. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SERVICES “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES.
10. LIMITATION OF LIABILITY
By accessing or accepting the Services, you acknowledge and agree that to the extent permitted by applicable law, DripIV is not liable under any legal theory based in contract, tort or strict liability for (i) any consequential, incidental, special, punitive or exemplary damages, or (ii) for any loss of data, business revenues or profits arising from or related to the Services.You further acknowledge and agree that DripIV’s liability under any legal theory is limited to the amount paid by you for the Services.
11. INFORMATION SECURITY
We use commercially reasonable measures to protect your personal information from unauthorized use and disclosure.However, we cannot 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, including your personal information. We are not responsible or liable for any third-party access to or use of the information contained in your account.
12. ELECTRONIC COMMUNICATIONS
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.
13. OTHER TERMS
13.1 Entire Agreement. These Terms constitute the complete and entire agreement between you and DripIV concerning its subject matter, and supersedes all prior agreements and representations between the parties.
13.2 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.
13.3 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 effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
13.4 Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Michigan without reference to its conflict of law principles. By accessing or accepting the Services, you agree to submit to the exclusive jurisdiction of the state and federal courts in Michigan, and waive your right to trial by jury.
20. CONTACT US
If you have any questions concerning these Terms, please contact us at RSVP@dripiv.com.