Terms of Service

Customer Terms of Service

IV Wellness Mobile, Inc. (“IV Wellness Mobile,” “we,” “us,” “our) thanks you for visiting our website (the “Site”) or mobile application (the “App”). These Terms of Service (“Terms”) govern your access to and use of the Site and the App and their related internet-based services, features, content, and functionality, including the Appointment Booking Service (the “Booking Service” and, together with the Site and the App, the “Service” or “Services”).
By using the Service, you acknowledge that you have read, accepted, and agreed to 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 or by posting them on the Site or the App. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us at info@ivwellnessmobile.com. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.
We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, information provided by you and information about your geolocation.

2. USER ACCOUNT

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. 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-transferrable license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Service; and (ii) access and use any content information and related materials that may be made available through the service to you, in each case solely for your personal use. Any rights not expressly granted herein are reserved by IV Wellness Mobile 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 IV Wellness Mobile 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

IV Wellness Mobile’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 engage in the practice of medicine and is not a healthcare provider.

A licensed health care professional will evaluate your request for services and determine whether to establish a treatment relationship with you. The licensed health care professional is solely responsible for providing all medical services.
We encourage you to consult with your primary care physician or other qualified health care professional if you have any questions regarding any potential health concerns.
These Terms apply to the Service only, and not to any services provided by a licensed health care professional through the Service (“Service-Specific Terms”). All Service- Specific Terms are between you and the licensed health care professional. In the event of a conflict between these Terms and the Service-Specific Terms, the Service-Specific Terms will control.
The Service is only available to individuals who are at least 18 years of age.
IV Wellness Mobile is a management services organization that partners with medical practices throughout the Country in the field of IV hydration therapy. Through Mobile IV Medics, patients can schedule a mobile IV therapy appointment for IV Therapy Services. IV Wellness Mobile brings its expertise to each medical practice to provide top notch patient experience and services. Each of the affiliated medical practices are separate professional entities licensed by each state licensing Board. As required by law, all clinical decisions and medical decision are made by the affiliated medical practices.

5. Non-Participation in Insurance Notice

IV Wellness Mobile and our affiliated Provider Network do not participate in any commercial health insurance plans, nor are we affiliated with any such plans. Additionally, we are not enrolled in or associated with any federal or state healthcare programs, including but not limited to Medicare, Medicaid, Tri-Care, Veterans Affairs, Federal Employee Health Benefits, etc.
By opting to utilize our Services, you acknowledge that you are electing to procure products and services on a cash-pay basis, independently of any commercial health insurance plan or federal or state healthcare program. Consequently, you assume full responsibility for all costs associated with any services or products provided to you.
If you are a beneficiary of a federal health program, you expressly agree that neither you nor IV Wellness Mobile, the affiliated Provider Network, nor any healthcare organization or provider partnering with us to deliver healthcare and pharmacy services will seek reimbursement from any federal or state healthcare program for the expenses incurred for the services and products provided to you through our services.

6. PAYMENT AND CANCELLATION POLICY

• Payments. By booking an appointment through the Booking Service, you agree to pay the fees indicated for the booked service. Payments will be processed at the time of booking.
• Cancellations. You hereby acknowledge and agree that refunds are not issued for missed appointments. In the case of cancellations, you must provide the required advanced notice will result in a full refund. To cancel an appointment, please contact us by sending an email to customer excellence at contact@ivwellnessmobile.com. In the event that the medical professional determines in his/her sole discretion that you are not a candidate for the services ordered, whether due to a misrepresentation of your age or if you misrepresented yourself in regards to the information you supplied, the medical professional will not render the services ordered and you will be charged the full amount of the services, fees, and taxes.
• Refunds and/or Credits.
In the event that the medical professional is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.
In the event that the medical professional is unable to performed 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.
• Authorization to Charge. By using the Booking Services, you hereby agree IV Wellness Mobile has the right and authorize IV Wellness Mobile to automatically charge your credit card (or other payment method) 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, a misrepresentation of your age or medical history, IV Wellness Mobile 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, IV Wellness Mobile will not perform the service and you will be charged the full amount.

7. PHARMACY CONTACT

IV Wellness Mobile GLP-1 Weight Loss Program pharmacy contact information: Absolute Pharmacy Lutz, FL 33549 Phone: 813.999.2700

8. RELEASE AND INDEMNIFICATION

You agree to release, indemnify, and hold IV Wellness Mobile and its affiliates, subsidiaries, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, expenses, damages, costs or expenses, causes of action, suits, proceedings, judgments, claims, demands, or injuries (including attorneys’ fees and costs of third parties or otherwise) (collectively, “Claims”) due to or arising out of your access to or use of the Service, violation of these Terms, or your use of any information or materials through the Service, or your violation of any third party’s rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

9. THIRD PARTY SERVICE NOTICE

Our Site may contain links to, or allow you to connect and use certain third party products, services, or software in conjunction with your use of the Service (the “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 Linked Sites in the Service does not constitute or imply any endorsement or recommendation and we make no representations or warranties with respect to any third party sites and advertisements. Your use of Linked Sites and your interactions with third party sites and advertisements is done at your own risk.

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.

11. 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, IV WELLNESS MOBILE, OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES AND THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID FOR USE OF THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
These Terms remain in full force and effect while you use the Service. We may terminate or suspend your access to the Service or these Terms at any time without notice. Upon any termination or suspension, your right to use the Service will immediately cease.
We do not warrant or guarantee the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the information available via the Service for any purpose, including but not limited to medical purposes.

14. 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.

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.
16. INTERNATIONAL VISITORS
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.

17. INTELLECTUAL PROPERTY AND COPYRIGHT

We respect the intellectual property of others and we ask our users to do the same. If you believe that your intellectual property is accessible on our Site in a way that constitutes copyright infringement, please contact us. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notices of claimed infringement. The Copyright Agent may be reached at info@ivwellnessmobile.com.

18. ELECTRONIC COMMUNICATIONS

The very nature of the Service provides for electronic communications between us. By using the Service and agreeing to these Terms, by creating a legally binding agreement, you consent to receive electronic communications from us, including notices, agreements, disclosures, and other communications that we provide to you electronically. You acknowledge that there is inherent risk in use of the Internet and electronic communications. While we use reasonable efforts to keep communications confidential, we do not guarantee the privacy or protection of any electronic communications through the Internet.
18a. IV WELLNESS MOBILE – SHORT CODE 95751
18a.1 When you opt-in to the service, we will send you a message to confirm your signup. Text START to 95751 to receive IV Wellness Mobile Alerts. Message and data rates may apply. Message frequency will vary based on your use. Text “HELP” for help. Text “STOP” to cancel
18a.2 You can cancel this service at any time. Just text “STOP” to 95751. 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.
If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
18a.3 If at any time you forget what keywords are supported, just text “HELP” to 95751. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
18a.4 Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems, Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). This list may be updated from time to time.
18a.5 T-Mobile is not liable for delayed or undelivered messages
18a.6 As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
For all questions about the services provided by this short code, you can send an email to info@ivwellnessmobile.com.

19. GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Palm Beach County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

20. MISCELLANEOUS

These Terms constitute the entire agreement between you and IV Wellness Mobile regarding the use of the Service, superseding any prior agreements between you and IV Wellness Mobile relating to your use of the Service. The failure of IV Wellness Mobile to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

21. CONTACT US

If you have any questions about these Terms, please contact us at:
IV Wellness Mobile, Inc. Email: info@ivwellnessmobile.com