Terms Of Service

XYZ IV. (“XYZ IV,” “we,” “us,” “our”) appreciates your visit to our website (the “Site”) or mobile application (the “App”). These Terms of Service (“Terms”) regulate your access to and usage of the Site and the App, along with their associated internet-based services, features, content, and functionality, including the Appointment Booking Service (referred to as the “Booking Service” and collectively known as the “Service” or “Services”).

By utilizing the Service, you acknowledge that you have reviewed, accepted, and consented to abide by these Terms.

Acceptance of Terms

These Terms constitute an electronic contract outlining the legally binding terms governing your use of the Service. By utilizing the Service, you acknowledge and agree to abide by these Terms, as well as any conditions or notices referenced within. You understand that these Terms may be amended by us at any time, at our sole discretion, with such modifications becoming effective upon posting. Your continued use of the Service signifies your acceptance of any updated terms.

Furthermore, you consent to our ability, at our sole discretion and with or without prior notice to you, to modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof. This includes actions taken between different users, whether temporarily or permanently.

By using the Service, you also consent to receive various communications from us via email or through postings on the Site or the App. You agree to promptly inform us of any changes to your email address. This consent applies to all activities conducted through the Service. Should you wish to opt out of receiving email communications, please contact us at XYZ@gmail.com. Your withdrawal of consent will be processed within a reasonable timeframe after receiving your notice. However, withdrawing consent for electronic communications may result in the termination of your use of the Service, although it will not affect the enforceability of these Terms.

Additionally, we reserve the right, which you acknowledge and consent to, to monitor the Service to the extent permitted by law. This includes monitoring your communications and activities on the Service, as well as information provided by you and details about your geolocation in connection with your access and usage of the Service.

User Account

To access certain features of the Service, you may be required to create a User Account. When creating a User Account, you may need to provide personalized information to us. Our policies regarding the collection and use of this information are outlined in the Service’s Privacy Policy, which is incorporated herein by reference for all purposes. It is your responsibility to ensure that the information provided for your account is accurate, complete, and up-to-date. You agree to promptly update this information as necessary.

By creating a User Account, you assume full responsibility for maintaining the confidentiality of your access credentials used to log into the Service (e.g., username and password), as well as for all activity generated by your User Account. You may not share your access credentials with anyone else, nor may you use someone else’s access credentials. Attempting to gain unauthorized access to another user’s access credentials is prohibited. You agree to notify us immediately if (i) your access credentials are lost or stolen, or (ii) you become aware of any unauthorized use of your access credentials or any other security breach affecting the Service. We are not liable for any loss or damage resulting from the unauthorized use of your access credentials or your failure to comply with this provision.

General use of the Service

Limited License: Subject to your compliance with these Terms, we 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 made available through the Service solely for your personal use. Any rights not expressly granted herein are reserved by xyz@gmail.com 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. Except 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 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. Making other use of the Service or its content, code, data, or materials, except as otherwise provided above, may result in liability for copyright infringement and other violations of laws.

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; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Service 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 agree not to 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 not to misuse 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 XYZ IV 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.

Medical Disclaimer

XYZ IV Service facilitates the request and booking of specific intravenous hydration services to be administered by licensed medical professionals. We solely schedule your requested service(s) and handle billing on behalf of the licensed medical professional. However, we do not directly provide medical care services. Our Service does not engage in the practice of medicine and is not considered a healthcare provider.

A licensed healthcare professional will conduct the requested healthcare services for you. The healthcare professional with whom you establish a treatment relationship bears sole responsibility for providing you with medical services.

We strongly advise consulting with your own healthcare provider before utilizing XYZ IV Service to book any healthcare service or if you have any inquiries regarding potential healthcare services.

These Terms govern the use of the Service. Additionally, we may present you with terms specific to the use of a particular service (“Service-Specific Terms”) during your use of the Service. All Service-Specific Terms are integrated into these Terms by reference. In cases where these Terms conflict with Service-Specific Terms, the Service-Specific Terms will prevail.

The Service is exclusively available to individuals who are at least 18 years old. If you are not of legal age, kindly refrain from using our Service.

XYZ IV functions as a management company that has cultivated relationships with premier medical practices nationwide in the field of IV hydration therapy. Through our management services, patients gain convenient access to leading practices in the country for IV Therapy Services. XYZ IV contributes its expertise to each medical practice to ensure exceptional patient experiences and services. Each affiliated medical practice operates as a separate professional entity licensed by the respective state licensing Board. In compliance with legal requirements, all clinical and medical decisions are made by the affiliated medical practices.

Non-Participation in Insurance Notice

XYZ IV and our affiliated Provider Network do not participate in commercial health insurance plans or federal or state healthcare programs, including Medicare, Medicaid, Tri-Care, Veterans Affairs, Federal Employee Health Benefits, etc.

By choosing to utilize our Services, you acknowledge that you are opting 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 explicitly agree that neither you nor XYZ IV, 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.

Payments

Payments: By booking an appointment for XYZ IV services through the Service, you agree to pay XYZ IV the fee indicated for the booked service. Payments will be charged at the time of scheduling or at the time of service.

Cancellations: You agree to pay XYZ IV the full payment for all scheduled service(s) upon booking. Refunds are not issued for missed appointments. In the event of a cancellation, a minimum of one (1) hour notice is required. Failure to provide the required notice will result in a charge of $100 per missed service in your appointment. Appointments may be canceled via email, phone call, or text message. Additionally, if the designated medical professional determines in their sole discretion that you are unable to receive requested services due to your current medical condition, misrepresentation of information, or if you are under the influence of drugs or alcohol at the time of your appointment, you will be charged $100 per missed service.ime of service.

Refunds and/or Credits: If the medical professional is unable to perform booked services due to circumstances beyond the patient’s control, a full refund or credit will be issued. If services cannot be performed due to the patient’s medical history or external circumstances after the insertion of the IV needle, a credit or refund for the full amount will be provided.e.

Authorization to Charge: By using the Booking Services, you authorize XYZ IV to automatically charge your credit card (or other payment method) for applicable fees, charges, and taxes.

Misrepresentations: XYZ IV reserves the right to cancel booked services and charge the full amount if any misrepresentation is made during the booking process. If you are under the influence of drugs or alcohol at the time of the appointment, services will not be performed, and you will be charged the full amount.

Indemnification

You agree to release, indemnify, defend, and hold harmless XYZ IV and its affiliates, as well as their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including those without legal merit or brought in bad faith), demands, damages, costs, or expenses, including reasonable legal fees and costs, arising from or related to your use of the Service, your transmission of any message, content, or other information through the Service, or your violation of the law or these Terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at our own expense, which does not relieve your indemnity obligations under this provision.

Third Party Websites or Service

Our Site may feature links to or display advertisements and content from other websites, including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we bear no responsibility for the information, content, products, services, advertising, code, or other materials provided by or through Linked Sites. The presence of any link to such sites or third-party advertisements on our Service does not imply our endorsement or recommendation, and we do not make any representations or warranties regarding such sites or advertisements or their respective goods or services. Any reliance on third-party sites and advertisements is undertaken at your own risk.

Disclaimer of Warranties

We provide the Service “as is,” “with all faults,” and “as available,” and the entire risk regarding satisfactory quality, performance, accuracy, security, and effort rests with you. To the maximum extent permitted by applicable law, we make no representations, warranties, or conditions, whether express, statutory, or implied. We disclaim any and all warranties or conditions, including, without limitation, those of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, non-infringement, and those arising from course of dealing or usage of trade. Additionally, we make no warranties or conditions regarding uninterrupted or error-free access to or use of the Service.

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, XYZ IV, 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 (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.

Term and Termination

These Terms remain in full force and effect until terminated in accordance with their provisions. Either party may terminate these Terms at any time without notice. Upon termination or expiration, XYZ IV will cease providing the Service to you.

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.

Availability

Our aim is to deliver a product with exceptional uptime and reliability. However, circumstances such as planned downtime, intellectual property claims, and events beyond our reasonable control may cause the Service to be unavailable. While we endeavor to operate without interruption, we cannot guarantee that the Service will always be available.

Information Security

We have made commercially reasonable efforts to implement a range of administrative, managerial, and technical security measures aimed at safeguarding your personal information from unauthorized use and disclosure. However, we cannot guarantee the security of the information stored in your User Account or collected by us, and we cannot assure that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents.

We disclaim responsibility or liability for any third-party access to or use of the information stored in your account or collected by us.

International Visitors

We control and operate the Service from the United States of America. We do not assert that materials on the Service are suitable or accessible for use in other locations. Individuals who opt to access the Service from other locations do so at their own initiative and are accountable for complying with local laws, to the extent that such laws are applicable.

Intellectual Property and Copyright Infringment

We uphold the intellectual property rights of others and request our users, advertisers, licensors, and service providers to do likewise. If you believe that your intellectual property is being infringed upon on our Site or App, please contact us at xyz@gmail.com. Pursuant to the Digital Millennium Copyright Act, we have appointed a Copyright Agent to handle notices of claims of copyright infringement on the Site or App. You can reach our Copyright Agent at xyz@gmail.com.

Electronics Communications

The Service inherently involves communications by us through electronic means, such as email and text messages. By engaging with the Service, you consent to receiving communications from us electronically. You agree that all terms, agreements, notices, disclosures, and other communications provided to you electronically by us satisfy any legal requirements, including those necessitating written documentation for a legally binding agreement. You acknowledge the inherent risks associated with internet usage, understanding that information transmitted over the internet is not inherently confidential. We cannot guarantee the privacy or security of any electronic communications transmitted through the internet.