1. OVERVIEW
About the Company HyDrip IV, Inc., and its affiliates, subsidiaries, directors, officers and employees, (collectively, “Drip Drop Hydrate,” the “Company,” “we,” “us,” or “our”) operate the website located at HyDripIV.com, and other related websites, subpages, subdomains, content, mobile applications, information, tools, offerings, and services, including any software provided that allows you to access such websites and mobile applications from a computer or mobile device, with links to these Terms of Service (collectively, the “Platform”). Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before accessing, viewing or using the Platform. By downloading, accessing, or using the mobile applications, websites, or other products or services of Drip Drop Hydrate, Inc. and our affiliates, or the services jointly offered with Providers (as defined below) through our mobile application or website, including signing up or registering for an account, you agree to be bound by these Terms, our Privacy Policy (as defined below), and to all other terms, conditions, policies and notices that appear on the Platform. These Terms of Service are a legal contract between the Company and you. If you do not wish to be bound by these Terms or if you do not agree with all of these Terms, you may not use the Platform. Acceptance by you of these Terms and agreement to be bound hereby is expressly conditioned upon your assent to all of the terms and conditions in these Terms of Service. Any new features, offerings, information, tools, software or services that are added to the Platform shall also be subject to these Terms. You can review the most current version of this Agreement at any time on the Platform, available at HyDripIV.com/terms. We reserve the right in our sole discretion to modify, update, change or replace any part of these Terms by posting updates and/or changes to these Terms on our Platform. Although we may attempt to notify you when major changes are made to these Terms, it is your responsibility to periodically review the most up-to-date version of these Terms posted to our Platform. Your continued use of Drip Drop Hydrate after any such modification, update, or change is your agreement to be bound by the modified, updated, or changed Terms. In the event you use a service that is operated by a third party and made available through our services (including services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. It is your responsibility to seek out the terms of any third party that is available through our services.
Privacy Policy
The Company respects the privacy of its users, Patients, and Heroes. Please refer to the Company’s Privacy Policy (available at HyDripIV.com/privacy), which explains how we collect, use, store, retain and disclose your information. When you access the Platform or use the Drip Drop Hydrate Services, you signify your agreement to this Privacy Policy, which is incorporated into and made a part of these Terms by reference. Any personal information submitted in connection with your use of the Platform is subject to our Privacy Policy.
2. DEFINITIONS
Capitalized terms used in this Agreement have the meanings assigned to such terms in the text of this Agreement, or as set forth immediately below: “Advanced Healthcare Provider” means a physician or nurse practitioner or similar licensed medical professional who is licensed or certified by the applicable board or governing authority to provide certain medical or healthcare services consistent with such license or certification, or to practice medicine, under the laws and regulations of a State or Territory of the United States, including in the State of California. “Cure” means the process of delivering Intravenous Therapy treatment, which includes a pre-treatment consultation (by video, secure chat, phone or other means) from an Advanced Healthcare Provider to assess the Patient’s symptoms and suitability for hydration therapy, the dispatch of a Hero (as defined below) to your location, and the delivery of the Drip Drop Hydrate Treatment (as defined below) by such Hero. “Drip Drop Hydrate Treatment” or “Treatment” means the intravenous delivery and administration of hydration therapy by way of the infusion of a lactated ringer 1000 mL intravenous solution directly into a vein of a Patient in order to replenish fluids, electrolytes and dextrose, relieve hypernatremia, restore sodium chloride balance, and correct hypovolemia. “Hero” means a registered nurse or a licensed practical nurse, or a similar licensed healthcare professional with like skills, who is licensed or certified by the applicable board or governing authority to provide certain medical or healthcare services consistent with such license or certification under the laws and regulations of a State or Territory of the United States, including in the State of California, and who uses the Platform to arrange for Drip Drop Hydrate Treatments. The Hero travels to the location of the Patient, delivers the Treatment, and monitors the Patient’s symptoms during treatment. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d et seq., as the same has been and may be amended from time to time (including, without limitation, those amendments effected by the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009), together with all regulations promulgated thereunder, as the same have been and may be amended from time to time. “Patient” means a user other than a Provider who registers for a Patient account with the Platform and uses the Platform for the purpose of communicating with or engaging one or more Heroes or Providers to browse for, request, order, purchase, and schedule Cures provided by Advance Healthcare Providers and Heroes. “Platform Services” means the Platform and the related proprietary system, mobile applications, products, offerings, features, information, tools, software, data feeds, interfaces, functionality and services owned, operated, or provided by the Company through the Platform, including, without limitation, our marketplace functionality that facilitates connecting Patients with Advanced Healthcare Providers and/or Heroes via video conferencing, secure chat or other means, and Heroes in person in order to deliver Drip Drop Hydrate Treatments at the location of the Patient. However, while Platform Services refers to and includes our Platform tools that facilitate offering, posting, listing, requesting, searching for, inquiring about, marketing, scheduling and arranging for Cures by and among Advanced Healthcare Providers, Heroes, and Patients, and that matches Patients with Providers, Platform Services do not include the actual occurrence, conduct, carrying out, servicing or provision of the Cures themselves, which falls within the scope of Provider Services. “Provider” means an Advanced Healthcare Provider or a Hero who uses the Platform and the Platform Services to communicate with Patients and/or to provide Provider Services to Patients, or who registers for a Provider account with the Site with the intent to provide such Provider Services to Patients using the Site Services. “Provider Services” means the healthcare services that an Advanced Healthcare Provider and/or Hero provide to the Patient. This includes the Provider’s initial assessment of the Patient’s symptoms by way of a consultation with the Patient and the Hero’s delivery of any Treatment and monitoring of the Patient’s symptoms. “user” or “you” or “your” means any person who views, accesses, or uses the Platform in any way, including users who register for an account with the Platform. “user” also includes Providers and Patients, or any person who uses or access the Platform to offer, purchase, or schedule any Cures to be serviced by Providers.
3. THE SERVICES
About the Services Drip Drop Hydrate provides, by way of the Platform, an online and mobile marketplace that matches Patients with Providers to facilitate Cures. Patients may use the Platform to browse, request, order, schedule, arrange, and pay for Cures offered and serviced by Advanced Healthcare Providers and Heroes, and to engage in pre-Treatment consultations with Providers. Providers may use the Platform to assess the symptoms of Patients by way of a health and suitability consultation before a Hero is dispatched, and to offer, schedule and arrange for Cures ordered by Patients. Patients and Providers are matched using our proprietary Platform tools and functionality based on a number of factors, which, among other things, may include geographical location of the Patient, time frame in which the Cure is requested or offered or when it is scheduled to take place, relative availability of Heroes, and relative demand for Cures by Patients. As a Patient, you authorize the Company to match you with a Provider, and as a Provider, you authorize the Company to match you with one or more Patients, in each case based on factors such as your location, the estimated time of delivery of the Cure, and platform efficiency. In each case, you also authorize the Company to cancel any scheduled Cures and to rematch you with other Heroes, as applicable, based on the same or other considerations and factors. Drip Drop Hydrate’s Platform Services are designed to enable you to request and book Treatments involving intravenous hydration therapy to be provided by a licensed medical professional. Using your IP address or the GPS receiver (from your mobile device) assists in detecting your location. You have the ability to select your location as well. The Platform connects you to Advanced Healthcare Providers and Heroes who have licensed certain of the Platform Services from us. After you have requested and paid for a Cure, the Platform Services connect you with an Advanced Healthcare Provider who assess your symptoms and suitability for hydration therapy by way of a health screening consultation, then arranges through the Platform for a Hero to provide you with the Drip Drop Hydrate Treatment. In the event that a Provider agrees to provide you with the Drip Drop Treatment, the Platform Services schedule those services and charges you fees on behalf of the Provider. We make no representation or warranty to you that any Advanced Healthcare Provider or Hero will be able to perform health care services including Treatments. We only schedule your requested services and charge you fees on behalf of the Providers. A Provider, who has contracted with us, will perform the requested healthcare services and Treatments for you. The Provider with which you establish a treatment relationship is solely responsible for providing you with any medical services, healthcare services or Treatments. DRIP DROP HYDRATE, INC. IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL OR HEALTHCARE SERVICES, AND IS NOT A HEALTH CARE PROVIDER. THE PROVIDER WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES, HEALTHCARE AND HEALTH-RELATED SERVICES AND/OR TREATMENTS. WE DO NOT ACCEPT INSURANCE, AND ARE NOT A “COVERED ENTITY” UNDER HIPAA. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY PROVIDE YOU WITH MEDICAL SERVICES, HEALTHCARE AND HEALTH-RELATED SERVICES AND/OR TREATMENTS. The Platform includes functionality that facilitates the ability for Patients and/or Heroes and Providers to arrange for and schedule Cures, and to pay fees (as discussed below) and other charges incurred on the Platform. Some of these tools and functions utilize and rely on third party applications to process data and payments and for other functionality (collectively, “Third Party Applications”). The Platform provides a conduit for users to access, indirectly through the Platform, such Third Party Applications. Although we reserve the right to use Third Party Applications as part of the Platform, our use of any such Third Party Applications does not imply approval or endorsement thereof by the Company. By agreeing to these Terms, you give us express permission to use such Third Party Applications as part of the Platform and the Services, including for the processing and managing of payments and collection and disbursement of funds through the Platform. If you use the Platform Services to browse for, search for, review and/or order and purchase Drip Drop Hydrate Treatments to be administered by Providers, you authorize the Platform to arrange for a consultation between you and a Provider through video, secure chat, phone or other arranged means (as provided further on the Site and Platform). The purpose of such consultation will be for a Provider to assess your symptoms, conduct a health screening, and determine whether you are a suitable candidate for Treatments involving hydration therapy. You understand and agree that any such consultation, whether through video portal, secure chat or otherwise, will involve a discussion between you and a Provider about matters relating to your order or prospective order of one or more Drip Drop Hydrate Treatments, which inherently involves matters relating to your health, care and treatment, and which is or may be personal to you. You understand and acknowledge that your Provider will, during such consultation, discussion personal health related matters with you. Your Provider, through the Platform or otherwise, will also ask you to respond to certain health screening questions in order to determine if a Drip Drop Hydrate Treatment and hydration therapy are appropriate for you. If you elect to engage a Provider (through the Platform or otherwise) in a consultation and if you elect to respond to the Provider’s health screening questions and other questions (whether verbally, by transmission of communications, documents or data, by way of Platform functionality or otherwise), you are electing to convey and communicate your personal healthcare-related information and other information that may be personal to you to a medical professional on your own accord, and you assume all risk with doing so. You further understand and agree that any information you provide during a consultation with a Provider is being transmitted through electronic means and is subject to hacking, theft or misuse, despite our best and reasonable efforts to keep any and all such information secure and confidential. You also understand and agree that we collect and retain certain information securely on our servers, which may include information that is personal to you or about your health, care or treatment. By using the Platform for any consultation or Drip Drop Hydrate Treatment, you consent to such use and retention of your information, as further detailed in our Privacy Policy. INFORMED CONSENT TO SERVICES – PLEASE READ CAREFULLY Before you engage with any Provider for a consultation through the Platform and before any Drip Drop Hydrate Treatment is administered, you will be required to fully read, review, understand and (if you so elect) execute, our Informed Consent Agreement, a copy of which is available at HyDripIV.com/informed_consent. Our Informed Consent Agreement will be made available to you through the Platform at the point of sale before you are able to complete any order for a Drip Drop Hydrate Treatment and before you engage with any Provider for a consultation. Please read, review and ensure that you fully understand and agree with the full content of the Informed Consent Agreement. If you do, you will be given the opportunity to electronically sign the Informed Consent Agreement, which will form and agreement among you and your Providers in which you give your Providers your informed consent to the healthcare services to be provided to you by the Providers. If you are not able or willing to agree to and sign the Informed Consent Agreement, you will not be eligible for any of the services offered or for any Drip Drop Hydrate Treatment or consultation. The Platform Services are only available to individuals who are at least 18 years old. If you are not yet 18 years old, you must stop using the Platform immediately. General Disclaimers Regarding the Services AS A PATIENT, YOU AGREE AND ACKNOWLEDGE THAT ANY TREATMENT OR SERVICE THAT YOU ORDER, PURCHASE, PARTICIPATE IN OR RECEIVE IS AT YOUR OWN RISK AND SOLE RESPONSIBILITY, AND YOU ASSUME ALL OF THE RISK FOR ANY SUCH TREATMENT OR SERVICES THAT YOU REQUEST AND PROCURE, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY OR HARM THAT MAY ARISE AS A RESULT OF ANY TREATMENT OR SERVICES THAT YOU REQUEST, ORDER, PURCHASE, PROCURE, ACCEPT, PARTICIPATE IN OR RECEIVE THROUGH USE OF THE PLATFORM OR OTHERWISE. DRIP DROP HYDRATE DOES NOT MAKE ANY CLAIMS, REPRESENTATIONS OR WARRANTIES REGARDING YOUR FITNESS FOLLOWING RECEIPT OF SERVICES FROM DRIP DROP HYDRATE, INC. OR FROM ANY PROVIDER, INCLUDING, BUT NOT LIMITED TO, WHETHER YOU ARE FIT TO DRIVE A VEHICLE OR OPERATE MACHINERY AFTER YOU RECEIVE SERVICES FROM DRIP DROP HYDRATE, INC. OR ANY PROVIDER. FURTHER, YOU MAY NEED SOMEONE TO ACCOMPANY YOU AFTER RECEIVING THE SERVICES UNTIL YOU FEEL ABLE TO RESUME NORMAL ACTIVITIES. When using the Drip Drop Hydrate Platform, you accept all liability and risk for using this service. Hydration therapy and any Drip Drop Hydrate Treatment are designed to provide temporary hydration only. It is not designed to evaluate, diagnose, manage or treat any medical conditions. Hydration therapy by way of any Drip Drop Hydrate Treatment does not constitute preventative or emergency services, and does not substitute for access to your regular healthcare provider. You are responsible for communicating your use of hydration therapy, the Provider Services and any Drip Drop Hydrate Treatment to your primary care provider. Drop Drop Hydrate, Inc. does not accept liability for any medical conditions you are not aware of at the time you use hydration therapy or any participate in any Treatment. Providers retain the right to refuse service at any time based on their assessment of your health, behavior and the environment around them. As a consumer, you understand that even under the best of circumstances when all applicable standards of due care are completely followed, complications of hydration therapy by way of Drip Drop Hydrate Treatments can occur and are not limited to: infiltration (fluid spills into surrounding tissue), infection, swelling, inflammation, blood/air clots, bleeding, fluid overload, and mechanical failures of IV (sluggish flow). We encourage you to consult with your own health care provider prior to using the Platform Services, or if you have any questions regarding any potential health care service. The Company does not endorse any Advanced Service Provider or Hero who uses the Platform to offer, propose, schedule or arrange to provide any Cure. Providers are independent of the Company and are not affiliated with the Company in any respect other than as Providers who have been permitted to use the Platform in that capacity. We do not hire or employ Providers to provide Drip Drop Hydrate Treatments. All Providers who use the Platform to offer and arrange for Cures are independent contractors and independent service providers who provide Cures directly to Patients. A Provider’s ability to use the Platform to offer and arrange to provide Cures and Services is not a recommendation of that Provider by the Company. We do not warrant that the quality or conduct of any Provider will meet your expectations. Drip Drop Hydrate, Inc. is not a patient referral service and we do not refer, find or solicit Patients on behalf of any Provider. Rather, Drip Drop Hydrate operates the Platform to facilitate the matching of Patients and potential Patients with Providers. We are not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to any conduct of Advanced Healthcare Providers, Heroes, Patients, or other users either in respect of their use of the Platform or in respect of the provision and servicing of, or participation in any Cure. We disclaim all responsibility for disputes, claims, losses, injuries or damage of any kind that may arise out of Treatments delivered by Providers at the Patient’s home or other designated location. The Company makes no representations, warranties, or guarantees whatsoever, express or implied, regarding the quality, workmanship, suitability, appropriateness, relevance, value, authorship, completeness, accuracy, or truthfulness of any representations, claims or other information posted by any Provider or Patient and communicated through the Platform, or any credentials, training, certifications, ratings, reviews, work history, experience, expertise, promptness or any other information provided by any Provider or any Patient and/or displayed on or transmitted through the Platform. Any such information provided by any Provider or any Patient is based solely on information provided to us or Submitted to the Platform by such Provider or Patient, as applicable, and we do not independently confirm, evaluate or review any such information, except for the limited review of Provider credentials we conduct as part of our licensing engagement with Providers in which we arrange for Providers as independent contractors to use the Platform to facilitate their delivery of Provider Services. The Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Platform, the Drip Drop Hydrate Treatment or the Cures, including the ability to provide or receive Cures at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or expectations, that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Platform. The Company is not responsible for the conduct, whether online or offline, of any user of the Platform or Provider Services. You are solely responsible for your interactions with other users. By using the Platform, you agree that the Company is not responsible for the acts or omissions of Providers on the Platform. You are responsible for the use of your user account and the Company expressly disclaims any liability arising from the unauthorized use of your user account. Should you suspect that any unauthorized party may be using your user account or you suspect any other breach of security, you agree to notify us immediately. Location data provided by the Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Company, nor any of its partners that provide any Third Party Applications, guarantees the availability, accuracy, completeness, reliability or timeliness of location data tracked or displayed by the Platform. Any of your Content, including geo-locational data, that you submit, upload, provide, or post on the Platform may be accessible to the Company and certain users of the Platform. The Company advises you to use the Platform with a data plan with unlimited or very high data usage limits, and the Company shall not be responsible or liable for any fees, costs or overage charges associated with any data plan you use to access the Platform. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONTRACTUAL OBLIGATIONS OF ANY PATIENT, PROVIDER, OR OTHER USER, INCLUDING, BUT NOT LIMITED TO: (i) ANY CLAIMS FOR LOSS, INJURY, HARM, DAMAGE, COSTS, EXPENSES OR LIABILITIES ARISING OUT OF THE PROVISION OR SERVICING OF CURES OR DRIP DROP HYDRATE TREATMENTS, (ii) ANY CLAIMS RELATING TO THE FAILURE OF ANY ARRANGED OR SCHEDULED CURES TO OCCUR IN A TIMELY MANNER OR AT ALL, (iii) ANY CLAIMS THAT ANY CONTENT PROVIDED ON THE SITE IS AN EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR GUARANTEE IN RESPECT OF ANY PRODUCTS, GOODS, SERVICES OR OTHER OFFERINGS, (iv) ANY CLAIMS AGAINST THE COMPANY INVOLVING OR RELATING TO ANY CONTRACTUAL, FIDUCIARY OR OTHER DUTIES UNDER ANY CONTRACT OR AGREEMENT BY AND BETWEEN PATIENTS AND PROVIDERS, OR OTHERWISE, OR ANY CLAIMS RELATING TO ANY PATIENT’S INFORMED CONSENT FOR PROVIDER SERVICES AND TREATMENTS, (v) ANY CLAIMS AGAINST THE COMPANY RELATING TO TORTIOUS INTERFERENCE WITH ANY CONTRACT OR OTHER AGREEMENT, (vi) ANY CLAIMS THAT ANY SUBMITTED CONTENT INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, (vii) ANY BREACH OF THIS AGREEMENT OR OTHER COMPANY POLICY BY ANY RIDER, DRIVER OR OTHER USER, AND (viii) ANY VIOLATION OF LAW APPLICABLE TO ANY PATIENT, PROVIDER OR OTHER USER IN CONNECTION WITH SUCH PERSON’S USE OF OR ACCESS TO THE PLATFORM OR PROVIDER SERVICES.
4. USER ACCOUNTS
In order to access the Site Services offered on and through the Site, you must register with the Site. Registered users can be Patients or Providers. To register for an account with the Site as a Patient or potential Patient, you must submit the following information through the account registration page on the Site. Patients are required to provide their name and email address, and primary address for delivery of any Treatments to register for a Patient account, and they will be asked to select a user id and password as part of the registration process. Patients may also provide certain optional information to be included in their profile, such as additional contact information, date of birth, or similar information. However, providing such optional information is completely voluntary for Patients. In addition, a Patient can affirmatively elect to communicate other health-related information to a Provider through the Platform Services, including by way of secure messaging, secure document storage and transmission, during a secure video conference, or by way of other Platform functionality (such as screening questions presented through the Site). Personal health information provided by Patients will never be shared by us without the affirmative election of the Patient. Please refer to our Privacy Policy for additional details regarding the information we collect from you and what we do with that information. Once you have created your account and provided a user-name and password, you are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your password to access the Platform Services. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify the Company if your password on the Platform is lost, stolen, if you are aware of any unauthorized use of your password on the Platform, or if you know of any other breach of security in relation to the Platform. You are solely responsible for any and all uses of your account and all activities that occur under or in connection with it. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by the Company or others due to such unauthorized use. All of the information that you provide when registering for an account or otherwise through the Platform must be accurate, complete, and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group, or entity to these Terms of Service. By registering another person, group, or entity you hereby represent that you are authorized to do so. You may only access the Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Platform. You agree not to use the Platform to recruit, solicit, or contact in any form, Providers or other users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Providers, Patients, or other users on the Platform. Individuals and/or entities whose accounts have previously been terminated by the Company may not register for a new account, nor may they designate other individuals to use an account or the Platform on their behalf.
5. Payments, Cancellations, and Refunds
Payments Services ordered, scheduled and/or purchased through the Platform or otherwise, are provided by Providers contracted with Drip Drop Hydrate, Inc. By ordering and scheduling a Cure through the Platform, you agree to pay Drip Drop Hydrate, Inc. the fee indicated at the point of sale on the Site for any Treatments or other Provider Services that you order, which payment terms are made part of these Terms. Payments will be charged in full at the time you order any Cures through the Platform. You hereby agree that Drip Drop Hydrate, Inc. has the right to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes that Drip Drop Hydrate, Inc. is required to collect, and you authorize Drip Drop Hydrate, Inc. to do so.
Cancellations
DRIP DROP HYDRATE REQUIRES AT LEAST 24 HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of any scheduled Treatments should you not provide at least 24 hour advanced notice of cancellation. If you book your Treatment less than 24 hours in advance, you may not cancel.
Refunds
MISSED TREATMENTS ARE NOT REFUNDABLE. In the unusual event we are unable to provide services to you because of availability, a credit or refund will be provided. Credits or refunds will not be provided to Patients who are unsatisfied with the services or with any Treatment. In the event that the Provider is unable to perform the scheduled Treatment 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 scheduled Treatment due to your current or previous medical history, condition, or reason, or due to circumstances outside of the Provider’s control after the insertion of the IV needle, you will receive a credit or refund for the full amount of the Treatment scheduled, less a medical examination fee of fifty dollars ($50.00). 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 Provider engaged by Drip Drop Hydrate) at the time of the Treatment, or you are under the influence of drugs or alcohol at the time of the Treatment, you will be charged for the full amount of the Treatment services scheduled but no Treatment will be provided. However, for an additional charge of fifty dollars ($50.00), you may reschedule this Treatment appointment for a time that is at least four (4) hours after the scheduled time of the original Treatment appointment so long as you are no longer under the influence of drugs or alcohol and, in the determination of a Provider, your medical history has been corrected. If Provider is unable to contact Patient one hour before or after the scheduled appointment time, the Patient will be charged a fee of fifty dollars ($50.00). If the appointment is cancelled within 24 hours of the scheduled time, the Patient will be charged a fee of fifty dollars ($50.00). Other Terms Relating to Fees If you are a Patient, in order to use the Platform to schedule Cures, you must provide account information for at least one current, valid payment method. If you make a payment by credit card, your credit card information will be stored securely by the Platform and/or our Third Party Applications and will only be accessed by authorized agents on behalf of Drip Drop Hydrate for the purpose of obtaining payment. In the event that you elect to change the services scheduled and/or purchased from Drip Drop Hydrate prior to the delivery of such Treatment services, Drip Drop Hydrate may use your stored credit card information to charge you for the additional Treatment services provided and you authorize Drip Drop Hydrate to do so. You acknowledge that it is your responsibility to ensure that payment in advance for all Treatment services scheduled and/or purchased from Drip Drop Hydrate, and to ensure that your credit cards or other payment instruments accepted by Drip Drop Hydrate continue to be valid and sufficient for such purposes. If a Patient fails to pay amounts of fees due and payable, whether by canceling his or her credit or debit card, initiating an improper chargeback, or any other means, the Company may suspend or close the Patient’s account and revoke the Patient’s access to the Platform.
6. GENERAL USE OF THE SERVICES – PERMISSIONS AND RESTRICTIONS
As a user, the Company hereby grants you permission to access, view and use the Platform in accordance with these Terms, provided that you agree that you will not, under any circumstances:
1. distribute in any medium, publicly display, publicly perform, communicate to the public, or create derivative works from any part of the Platform or the Content without our prior written authorization, unless the Company makes available the means for limited distribution through functionality offered on the Platform;
2. alter, copy, modify, reverse engineer, reproduce, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit the Platform or any Content, except as permitted by these Terms;
3. access Content through any technology or means other than as provided for on the Platform;
4. use the Platform for any commercial uses without our express written approval, including selling access to the Platform in any way;
5. use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; provided, however, that the Company grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole and limited purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; provided, further, that the Company reserves the right to revoke these exceptions either generally or in specific cases.
6. use any software, technology, or device to collect, scrape, crawl, manipulate or harvest any personally identifiable information or other data, including account names, from the Platform;
7. use any communication systems provided by the Platform (e.g., comments, email, sharing functions) for any commercial solicitation purposes, or solicit, for commercial purposes, any users of the Platform with respect to any of their submitted content;
8. transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;
8. attempt to harass, abuse or harm another person or group;
9. use another user’s account without permission or impersonate another person;
10. provide false or inaccurate information when registering for a user account, or interfere or attempt to interfere in any way with the proper functioning of the Platform;
11. upload, submit, transmit, post or link to malicious content intended to damage or disrupt another user’s browser or computer;
12. attempt to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein; or
13. use the Platform for any unlawful purpose or for the promotion of illegal activities.
A breach or violation of any of the above terms or any of the terms and conditions in these Terms of Service may, at our sole discretion, result in an immediate termination of your access to the Platform. We reserve the right to refuse Cures to, or to terminate access to the Platform to, anyone for any reason at any time, or to discontinue any part of the Platform or all of them at any time.
7. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Platform and the Platform Content, including applicable copyrights, trademarks, methods and other proprietary rights. Other product and company names that are mentioned on the Platform may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.
8. THIRD PARTY LINKS
The Platform may contain links to third party websites or applications that are not owned or controlled by the Company, or may make use of one or more Third Party Applications on the Platform. The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites or Third Party Applications. In addition, the Company will not and cannot censor or edit the content of any third party site. By using the Platform, you expressly agree and acknowledge that you, and not the Company, shall be solely liable and responsible for any and all liability arising from your use of any third party website or any Third Party Applications made available to you through the Platform.
9. ACCOUNT TERMINATION POLICY
The Company will terminate a user’s access to the Platform if, under appropriate circumstances, the user is determined to be a repeat infringer. The Company may at any time, without prior notice and in its sole discretion, terminate a user’s account for submitting such material in violation of these Terms, or for any other violation of these Terms.
10. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may direct copyright infringement notifications to our copyright agent at the Company’s address at the end of these Terms (with attention to copyright agent).
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PLATFORM, AND YOUR PROVISION OF OR PARTICIPATION IN ANY CURES, TREATMENTS, PROVIDER SERVICES OR PLATFORM SERVICES, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE PLATFORM SERVICES (INCLUDING THIRD PARTY APPLICATIONS), THE PROVIDER SERVICES OR ANY CURES OR TREATMENTS, AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE PLATFORM OR TRANSMITTED THROUGH THE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORM OR ANY THIRD PARTY APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (i) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, THE PROVIDER SERVICES, OR ANY DRIP DROP HYDRATE TREATMENTS, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SUBMISSION OR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE AND/OR VIA THE PLATFORM. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM (INCLUDING THIRD PARTY APPLICATIONS) OR ANY HYPERLINKED SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, INCLUDING WITH RESPECT TO ANY DRIP DROP HYDRATE TREATMENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR YOUR OFFERING OR PARTICIPATION IN ANY RESPECT OR MANNER IN CURES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM, (v) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SUBMISSION OR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Platform is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates and subsidiaries, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform, the Platform Services, and your offering or participation in any respect in any Cures; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, privacy or confidentiality right; (iv) any claim that your Submitted Content caused damage to a third party; or (v) your violation of any applicable law. This defense and indemnification obligation will survive these Terms and your use of the Platform.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Platform.
15. Electronic Notice
You consent to receive communications from the Company in an electronic form via the email address you have submitted upon registration; and you agree that these Terms, and all other agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
16. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
17. GOVERNING LAW
The Platform shall be deemed to be solely based in California and shall be deemed to be a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Platform shall be decided exclusively by a court of competent jurisdiction located in San Diego, California. For any claim or cause of action arising under these Terms or in any way relating to the Platform, you agree that the Company may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration. In the event the Company elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by the Company. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
18. GENERAL
These Terms, together with our Privacy Policy and any other legal notices or agreements published or posted by the Company on the Platform, and any Company policies made available to you, shall constitute the entire agreement between you and the Company concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Platform following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY PLATFORM SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19. CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at: info@HyDripIV.com
