IVIVO WELLNESS TERMS OF SERVICE AND PRIVACY POLICY

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME.

 

1. ACCEPTANCE OF TERMS:

These Terms of Service (“Terms”) govern your access to and use of iVIVO Wellness, LLC’s, an Arizona limited liability company (“IVIVO”), Website and its related internet-based services, features, content, and functionality, including any appointment booking service (collectively, the “Services”).

 

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.

 

The Service is only available to individuals who are at least 18 years old. If you are not 18 years old, please do not use our Service.

 

2. DO NOT ACCEPT INSURANCE

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CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT IVIVO AND ITS PERSONNEL ARE NOT PAID OR REIMBURSED FOR THE SERVICES BY MANAGED CARE PLANS, MEDICARE, MEDICAID, OR OTHER THIRD-PARTY PAYOR PROGRAMS INCLUDING YOUR HEALTH INSURANCE CARRIER, AND DO NOT ACCEPT INSURANCE FOR SUCH SERVICES. Clients will be BILLED DIRECTLY and shall be personally responsible for payment, regardless of whether clients are reimbursed by their insurance company, managed care plan or other third-party payer. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you. IVIVO does NOT diagnose or treat any illness, disease or health condition. Upon entering into these Terms of Service, you expressly represent and warrant that you are not engaging IVIVO or its personnel with the expectation that it or they will diagnose or otherwise provide treatment for any illness, disease or condition of any nature. IVIVO personnel will not screen for, diagnose, monitor or otherwise provide any care or treatment for such conditions. IVIVO is relying upon the foregoing representations and warranties for the provision of services. We encourage you to consult with your own health care provider prior to using IVIVO’s Service or if you have any questions regarding any potential health care service.

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3. USER ACCOUNT

In order to access certain features of the Service, you may be asked to create a User Account. In creating a User Account, you may be asked to provide certain personalized information to us. It is your responsibility to provide us with accurate, complete, and up-to-date information for your account. You agree to promptly update such information as needed.

 

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.

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4. PROHIBITED USES

Any commercial or promotional use, distribution, reproduction, or other exploitation of the Service, or any content, code, data, or materials on the Website, are strictly prohibited unless you have received express prior written permission from IVIVO. 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.

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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.

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5. PROPRIETARY RIGHTS

The Service is the proprietary property of IVIVO 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.

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6. SUBSCRIPTION SERVICES

Certain products and services available for purchase through the Service may require that or allow you purchase the product or service on an automatically renewing subscription basis (“Subscription Services”). For Subscription Services, your payment method on file will be automatically charged at regular intervals as described for that subscription during the checkout process (or other separate subscription agreement) until you cancel your subscription. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription through the Service, by emailing express written notice of your cancellation to admin@ivivowellness.com. The Subscription Services will auto-renew on the renewal processing date.

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7. PAYMENT; CANCELLATIONS; AND REFUNDS

By booking an appointment for IVIVO services through the Service, you agree to pay IVIVO the fee indicated for the booked service. A deposit will be charged at the time of booking (“Deposit”), and the remainder of the fees will be charged at the time of service.

 

WE REQUIRE AT LEAST 48 HOURS ADVANCED NOTICE OF CANCELLATION BY EMAIL TO ADMIN@IVIVOWELLNESS.COM. Cancellations received 48 hours or more before the scheduled appointment will receive a refund of their Deposit. Cancellations received less than 48 hours before the scheduled appointment will not receive a refund of their Deposit. If you book your service less than 48 hours in advance, you may not cancel, and the Deposit is automatically nonrefundable. Group appointments (parties of two (2) or more) follow the same parameters as single appointments, and the Deposit for each person that cancels without providing at least 48 hours advanced notice will not be refunded. MISSED APPOINTMENTS WITHOUT ADVANCED NOTICE OF CANCELLATION WILL BE CHARGED THE ENTIRE FEE FOR THE SERVICE AND WILL NOT BE ENTITLED TO A REFUND.

 

In the event IVIVO is unable to perform the booked services due to circumstances outside of client’s control or for reasons other than client’s medical condition or health, IVIVO may provide a full refund or credit, in its sole discretion.

 

By using the booked services, you hereby agree IVIVO has the right and authorize IVIVO to automatically charge your credit card (or other payment method) 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, a misrepresentation of your age or medical history, IVIVO 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, IVIVO will not perform the service and you will be charged the full amount.

 

Prices are subject to change at any point in our sole discretion.

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8. INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless IVIVO and its affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.

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9. THIRD PARTIES

The Website 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.

 

You acknowledge and agree that IVIVO may contract with third parties for the provisions of all or part of the services it provides. You agree that IVIVO shall not be responsible or liable for any loss or damage of any sort incurred as the result of your interactions with any third party.

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10. 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.

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11. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IVIVO, 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.

 

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.

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ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

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12. CLIENT REPRESENTATIONS AND WARRANTIES

You understand that participating in intravenous (IV) hydration, vitamin/supplement administration, and the like made available by IVIVO carries risks. YOU ACKNOWLEDGE AND AGREE THAT THE SOLE RISK OF INJURY OR HARM RESULTING IN ANY MANNER FROM MY CHOOSING TO PARTICIPATE IN SUCH REGIMEN, PROGRAMS AND SERVICES RESTS ENTIRELY WITH YOU TO THE EXTENT THAT YOU DO NOT DISCLOSE YOUR HEALTH CONDITIONS, MEDICATIONS OR DRUG USE IN ADVANCE.

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You expressly represent and warrant to IVIVO that you have never been diagnosed with nor treated for any diseases, illnesses or conditions which may result in increased risk when you participate in regimens, programs or services made available by IVIVO, and you are not choosing to participate with any expectation that IVIVO will screen for, diagnose, monitor or otherwise provide any care or treatment for such conditions.

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You expressly represent and warrant that you have consulted a healthcare profession in advance of using IVIVO’s services and have not been advised against use of such services.

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YOU EXPRESSLY REPRESENT AND WARRANT TO IVIVO THAT YOU ARE NOT A USER OF ILLEGAL DRUGS AND/OR CONTROLLED SUBSTANCES AND ARE NOT UNDER THE INFLUENCE OF SAME OR RECOVERING FROM USE OF SAME AT THE TIME OF THE PROVISION OF SERVICES TO YOU.

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You represent and warrant you are at least 18 years of age.

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You acknowledge and agree that IVIVO is relying upon the foregoing representations and warranties, and other contained in this agreement, from me for IVIVO’s willingness to provide its services. You further acknowledge and agree that IVIVO is not responsible or liable for any complications that result from the use of any client provided or custom requested vitamins, injections, or medication.

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You acknowledge and agree that no guarantees or assurances have been made to you concerning the results intended from the services offered by IVIVO. You understand the nature of the services and that participating in them carries risks. By using any of IVIVO’s services you agree to assume all risks associated with your participation.

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13. INFORMATION

We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.

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We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Service. We do not authorize the use of information available via the Service for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.

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14. AVAILABILITY

We do not guarantee the Services will always be available without interruption.

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15. INFORMATION SECURITY

We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.

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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 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.

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By using the Service, you also agree that we may send you various communications by email. 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 admin@ivivowellness.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.

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By using the Service, you also agree that we may send you various communications by text. Message and data rates may apply. Message frequency will vary based on your use. You can cancel this service at any time. Text “STOP” to cancel. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

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Your carrier may have specific terms and conditions related to text messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

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17. BREACH AND REMEDIES

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Website, 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.

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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.

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The remedies contained in the Terms are not the exclusive remedies for your breach but will be in addition to all other remedies available to us by law or in equity.

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18. TERMINATION

IVIVO may terminate your use of the Service or any of our features or services at any time and for any reason without notice. You agree that if your use of the Service is terminated pursuant to the Terms, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all IVIVO harmless from any and all liability that it may incur with respect thereto.

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19. PROTECTED HEALTH INFORMATION

I hereby give my consent for IVIVO to use and disclose protected health information (“PHI”) about me to carry out its services. With this consent, IVIVO may (a) call my home or other alternative location and leave a message on voice mail or in person in reference to any items that assist IVIVO in carrying out the services, such as appointment reminders, (b) mail to my home or other alternative location any items that assist IVIVO in carrying out the services, such as appointment reminder cards and patient statements, and (c) e-mail any email addresses provided any items that assist IVIVO in carrying out the services, such as appointment reminder cards and patient statements. I have the right to request that IVIVO restrict how it uses or discloses my PHI. IVIVO is not required to agree to my requested restrictions. I may revoke my consent in writing except to the extent that IVIVO has already made disclosures in reliance upon my prior consent; provided that, IVIVO may decline to provide services.

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20. GENERAL

You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. IVIVO 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 the Terms without your consent. The Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

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These Terms constitute the complete and entire agreement between you and IVIVO concerning the Services, and supersede all prior agreements and representations between the parties. Notwithstanding the foregoing, we may present to you through your use of the Service any terms specific to the use of a particular service, including, without limitation, subscription agreements or service agreements(“Service-Specific Terms”). All Service-Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.

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A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

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If any provision of Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

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These Terms are governed by and construed under the laws of the State of Arizona without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Arizona law, rules, and regulations, Arizona law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Arizona. ALL PARTIES TO THESE TERMS AND CONDITIONS WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.

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If you have any questions please contact us at ivivowellness.com.

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PRIVACY POLICY

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