Terms of Use
Customer
Terms of Service
InfuseLife
Inc. (“InfuseLife,” “we,” “us,” “our) thank you for visiting our website (the
“Site”). These Terms of Service (“Terms”) govern your access to and use of the
Site and related internet-based services, features, content, and functionality,
including the Appointment Booking Service (the “Booking Service” and, together
with the Site, the “Service” or “Services”).
By
using the Service, you acknowledge that you have read, accepted, and agreed to
be bound by these Terms.
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 and SMS. After submitting a booking form, you may receive occasional
newsletters and offers from us via email and SMS. We will not sell or
distribute your email address and phone number to any third party at any time.
You can unsubscribe from these emails and SMS at any time. View our
Privacy Policy here. You agree to notify us promptly if your
email and/or phone number 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 info@InfuseLife.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, the information
provided by you and information about your geolocation.
2. USER ACCOUNT
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. Our information collection and use
policies with respect to the privacy of such information are set forth in the
Service’s Privacy Policy, which is incorporated herein by reference for all
purposes. 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.
3. GENERAL USE OF THE SERVICE
·
Limited License. Subject to your compliance with these Terms, we hereby
grant you a limited, revocable, non-exclusive, non-sublicensable,
non-transferable license to: (i) access and use the Service on a device that
you own or control solely in connection with your use of the Service; and (ii)
access and use any content information and related materials that may be made
available through the service to you, in each case solely for your personal
use. Any rights not expressly granted herein are reserved by InfuseLife and its
licensors.
·
Prohibited Uses.
Any
commercial or promotional use, distribution, reproduction, or other
exploitation of the service, or any content, code, data, or materials on the
Site, 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.
·
Proprietary Rights.
The
Service is the proprietary property of InfuseLife 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.
4. MEDICAL DISCLAIMER
InfuseLife’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 on behalf of the licensed
medical professional. We do not provide medical care services. Our
Service is not engaged in the practice of medicine and is not a health care
provider.
A
licensed health care professional, who has contracted with us, will perform the
requested healthcare services for you. The health care professional with which
you establish a treatment relationship is solely responsible for providing you
with medical services.
We
encourage you to consult with your own health care provider prior to using InfuseLife’s
Service to book any health care service or if you have any questions regarding
any potential health care service.
These
Terms apply to the Service. We may also present to you through your use
of the Service any terms specific the use of a particular service
(“Service-Specific Terms”). All Service-Specific Terms are incorporated
into these Terms by reference. To the extent that these Terms conflict
with the Service-Specific Terms, the Service-Specific Terms will control.
The
Service is only available to individuals who are at least 18 years old.
If you are not 18 years old, please do not use our Service.
5. PAYMENTS
·
Payments.
By booking an appointment for InfuseLife services through the Service, you
agree to pay InfuseLife the fee indicated for the booked service.
Payments will be charged at the time of scheduling or at the time of service.
·
Cancellation. WE REQUIRE AT LEAST 24-HOUR ADVANCED NOTICE OF CANCELLATION. You will
be charged the full amount of the booked service should you not provide at
least 24-hour advanced notice of cancellation. If you book your service less
than 24-hours in advance, you may not cancel. Group appointments (parties of
two (2) or more) follow the same parameters as single appointments and will be
charged for all people booked unless you provide 24-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 with no 24-hour advanced notice for the
other two (2) patients, you will be charged for all six (6) services. For any
groups of 4 and above, if you are confirmed with a nurse, date, and time, the
cancellation will result in a $50 cancellation fee per individual. MISSED APPOINTMENTS ARE NON-REFUNDABLE.
Refunds and/or Credits.
·
If
the medical professional is unable to perform the booked services due to circumstances
outside of the patient’s control or for reasons other than the patient’s
medical condition or health, you will receive a full refund or credit.
·
If
the medical professional is unable to perform the booked services due to (1)
your current or previous medical history, condition, or reason, or (2) due to
circumstances outside of the medical professional’s control after the insertion
of the I.V. needle, you will receive a credit or refund for the full amount of
the services scheduled, less a medical examination fee of one hundred dollars
($100.00).
·
Authorization to Charge. By using the Booking Services, you hereby agree InfuseLife
has the right and authorize InfuseLife to automatically charge your credit card
(or other payment methods) for the applicable fees or charges, plus any
applicable taxes.
·
Misrepresentations. If during the Booking Service process, you misrepresent
yourself in any manner, including but not limited to, misrepresentation of your
age or medical history, InfuseLife 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, InfuseLife
will not perform the service and you will be charged the full amount.
6. INDEMNIFICATION
You
agree to release, indemnify, defend and hold harmless InfuseLife, its parent,
subsidiaries and affiliates and its and their shareholders, officers,
directors, employees, agents, and advisors, from and against any and all
losses, liabilities, claims (including claims without legal merit or brought in
bad faith), demands, damages, costs or expenses, causes of action, suits,
proceedings, judgments, awards, executions and liens, including reasonable legal
fees and costs (whether brought by third parties or otherwise) (collectively,
“Claims”) due to or arising in any way from your use of the Service, your
placement or transmission of any message, any content, or other information or
materials through the Service, or your breach or violation of the law or 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.
7. THIRD-PARTY WEBSITES OR SERVICE
Our
Site may contain links to, or advertisements and content from, other websites,
including those of third parties or business partners (“Linked Sites”).
You acknowledge and agree that we have no responsibility for the information,
content, products, services, advertising, code, or other materials which may or
may not be provided by or through Linked Sites. The inclusion of any link
to such sites or third-party advertisements on our Service does not imply our
endorsement or recommendation and we make no representations or warranties with
respect to such sites or advertisements or their respective goods or
services. Any reliance on third-party sites and advertisements is done at
your own risk.
8. DISCLAIMER OF WARRANTIES
WE
PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE
MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE
DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED,
INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND
NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR
USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. LIMITATION OF LIABILITY
·
Exclusion of Certain Liability. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO
PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR
LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, INFUSELIFE, OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR
CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT
BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE,
OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES,
OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
·
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE
LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE
SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR
ESSENTIAL PURPOSE.
10. TERM AND TERMINATION
These
Terms remain in full force and effect until they are terminated pursuant to the
terms herein, however, either party may terminate these Terms at any time
without notice. Upon any termination or expiration, InfuseLife will stop
providing the Service to you.
11. 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.
12. AVAILABILITY
Our
goal is to provide a product with outstanding uptime and reliability.
Planned downtime, intellectual property claims, and matters outside of our
reasonable control are some of the circumstances that may lead to the Service
being unavailable. Although we strive to operate without interruption, we
do not guarantee that the Service will always be made available.
13. 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 the security of the information contained in your
User Account or otherwise collected by us and we cannot promise that such
measures will prevent third-party “hackers” from illegally accessing the
Service or its contents. We are not responsible or liable for any
third-party access to or use of the information contained in your account or
otherwise collected by us.
14. INTERNATIONAL VISITORS
We
control and operate the Service from the United States of America. We do
not represent those materials on the Service are appropriate or available for
use in other locations. Persons who choose to access the Service from
other locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
15. INTELLECTUAL PROPERTY AND COPYRIGHT
INFRINGEMENT
We
respect the intellectual property rights of others and ask our users,
advertisers, licensors, and service providers to do the same. If you
believe that your intellectual property is accessible on our Site in a way that
constitutes infringement, please contact us at info@InfuseLife.com.
In accordance with the Digital Millennium Copyright Act, we have designated a
Copyright Agent to receive notices of claims of copyright infringement on the
Site or App. Our Copyright Agent may be reached at info@InfuseLife.com.
16. Electronic Communications
The
very nature of the Service provides communications by us and by electronic
means (e.g., via email, text message). For purposes of forming a legally
binding agreement, you consent to receive communications from us in an
electronic form and agree that all terms and conditions, agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any applicable legal requirements, including that these be made in
writing. You acknowledge that there is an inherent risk in the 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.
17. REMEDIES FOR BREACH
If
we determine, in our sole discretion, that you have breached any portion of
these Terms, or have otherwise demonstrated conduct inappropriate for the Site
or App, we reserve the right to: (i) remove your name and information from our
notification lists; (ii) notify and/or fully cooperate with the proper law
enforcement authorities for further action; (iii) discontinue your ability to
use the Service; and/or (iv) any other action which we deem to be appropriate.
If
your ability to access the Services is discontinued by us due to your violation
of any portion of the Terms or for conduct otherwise inappropriate, in our sole
discretion, then you agree that you shall not attempt to re-register with or
access the Services and/or any other product, content, or service provided by
us, through use of a different name or otherwise.
The
remedies 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.
18. OTHER TERMS
Assignment.
You may not assign or otherwise transfer any rights, or delegate or otherwise
transfer any of your obligations or performance, under these Terms, in each
case whether voluntary, involuntary, by operation of law, or otherwise, without
our prior written consent. Any purported assignment, delegation, or
transfer in violation of this section is void. InfuseLife may freely
assign or otherwise transfer all or any of its rights, or delegate or otherwise
transfer all or any of its obligations or performance, under this Agreement
without your consent. This Agreement is binding upon and inures to the
benefit of the parties hereto and their respective permitted successors and
assigns.
Entire
Agreement. These Terms constitute the complete and entire agreement
between you and InfuseLife concerning its subject matter, and supersedes all
prior agreements and representations between the parties.
Interpretation.
The use of the terms “includes,” “including,” “such as,” and similar terms,
will be deemed not to limit what else may be included. The headings in
these Terms are for reference only and do not affect the interpretation of
these Terms.
No
Waiver. A party’s failure to delay or enforce a provision under these
Terms is not a waiver of its right to do so later.
Severability.
If any provision of this Agreement is held to be unenforceable for any reason,
such provision will be reformed to the extent necessary to make it enforceable
to the maximum extent permissible so as to effect the intent of the parties,
and the remainder of this Agreement will continue in full force and effect.
Governing
Law and Jurisdiction. This Agreement is governed by and construed under
the laws of the State of California, Los Angeles County without reference to
its conflict of law principles. In the event of any conflicts between
foreign law, rules, and regulations, and California law, rules, and
regulations; California law, rules, and regulations will prevail and
govern. Each party agrees to submit to the exclusive and personal
jurisdiction of the courts located in California, Los Angeles County. All
parties to these terms and conditions waive their respective rights to a trial
by jury.
19. CONTACT US
If you have any questions
concerning these Terms, please contact us at info@InfuseLife.com.