Our Platform is designed to enable you to request intravenous hydration services (among other related services and offerings) which are provided by licensed medical professionals. Your use of our Platform will help to identify you to the licensed healthcare professional that will render the care. IT IS IMPORTANT THAT YOU UNDERSTAND Push IV IS NOT A LICENSED HEALTHCARE PROVIDER AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. THE HEALTHCARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS AND WILL BE RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES, NOT Push IV. Rather we provide a variety of marketing, management and technological services to one or more licensed healthcare professionals/providers. As such, your use of the Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The information presented on our Platform is not intended as a substitute for diagnosis or treatment by a qualified physician. Moreover, Push IV does not recommend changing any current medications or adding any new therapies without consulting a fully qualified physician. Never disregard professional medical advice or delay in seeking it because of something you have read on our Platform!
If you think you may have a medical emergency, call your doctor or 911 immediately. Push IV does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned anywhere on the Platform. Reliance on any information provided by Push IV is solely at your own risk.
ALL AVAILABLE DRIPS FEATURED BY Push IV ON THE PLATFORM THAT WILL BE ADMINISTERED BY LICENSED HEALTH CARE PROFESSIONALS ARE ELECTIVE TREATMENTS FOR WELLNESS AND HEALTH MAINTENANCE ONLY. AS SUCH, THESE DRIPS, INJECTIONS OR THERAPIES ARE NOT INTENDED TO TREAT OR CURE ANY DISEASE.
Notwithstanding the services that Push IV seeks to facilitate via the Platform, Push IV does not condone, recommend or encourage excess alcohol consumption. Please drink responsibly.
Lastly, Push IV reserves the right to refuse facilitating services to anyone regardless of any physicians’ assessment, and for any reason.
Subject to your acceptance of and compliance with these Terms, Push IV hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use our Platform, solely in accordance with these Terms. To access our Platform, you will be asked to register and maintain an active user account (your “Account”), which may include, among other things, your credit card information and/or other valid payment method. You hereby acknowledge, understand and agree that your use of our Platform is intended for your personal, non-commercial use, unless otherwise previously authorized by us in writing. Please note that Push IV reserves the right, in our sole discretion, to require presentation of valid identification, prior to providing any services to you.
Push IV collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number (collectively, your “Personal Information”). Push IV also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer and mobile device hardware and software that is automatically collected by Push IV. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Push IV for the operation of our Platform, to maintain quality of our services, and to provide general statistics regarding use of our Platform.
Push IV collects and uses your Personal Information to (i) operate our Platform; (ii) deliver the services you have requested; and (iii) inform you of other products or services available from Push IV and its affiliates. Push IV may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Push IV does not sell, rent or lease its customer lists to third parties. Push IV may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your Personal Information is not transferred to the third party. In addition, Push IV may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Push IV, and they are required to maintain the confidentiality of your information. Push IV keeps track of the websites and pages our customers visit within our Platform, in order to determine what Push IV services are the most popular. This data is used to deliver customized content and advertising within Push IV to customers whose behavior indicates that they are interested in a particular subject area. Push IV will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with applicable law or legal process served on Push IV or our Platform; (b) protect and defend the rights or property of Push IV; and (c) act under exigent circumstances to protect the personal safety of users of Push IV, or the public.
You are solely responsible and liable for: (a) the selection of our Platform to achieve your intended results; (b) obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage all equipment (including devices) and services necessary for the installation and use of our Platform; (c) providing a safe and suitable location and environment for the installation and use of our Platform; (d) the use, installation, implementation and operation of our Platform and the results obtained therefrom; (e) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (f) maintaining complete and current backup and archival copies of all data contained on your device prior to installing or while using our Platform.
You may use our Platform only (i) if you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction, and (ii) for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations.
You hereby further undertake not to:
Push IV reserves the right, in its sole discretion, at any time and without notice, to terminate your access to our Platform and the related services or any portion thereof (and all other rights granted to you herein). You may terminate your license to use our Platform at any time and for your convenience, by notifying us in writing of your decision.
Upon termination: (i) all rights granted to you under these Terms will be terminated; (ii) you must cease all use of our Platform; (iii) you will remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to our services. For the avoidance of doubt, termination of your use of our Platform will not limit in any way and of Push IV’s rights or remedies at law or in equity, all of which are expressly reserved hereby.
You hereby agree to pay Push IV the full payment for all scheduled service(s) when a booking is made, pursuant to all Push IV payment terms and conditions. Refunds are not issued for missed appointments. In the case of canceling an appointment, a notice of appointment cancellation is required a minimum 1 hours beforehand. Failure to provide the advanced notice will result in a charge of the full payment amount for the service(s) scheduled. Appointments may be canceled by sending an email to support at email@example.com. Push IV will issue refunds to clients for appointments if the designated medical professional is unavailable to meet the appointment booking and cancels within four (4) hours of his/her scheduled arrival time. Push IV may offer expedited services for an additional sum.
In addition to the foregoing, if the designated medical professional determines in his/her sole discretion that you have misrepresented yourself in regards to the information you supplied via the Platform and/or if, at the time of your appointment, you are under the influence of drugs and alcohol, such professional will not render the services ordered and you will be charged the full payment amount therefor.
Upon acceptance of these Terms and each time you place an order for services, you hereby authorize Push IV to charge your credit card (or other payment method) for the applicable fees, charges and taxes.
In the event our Platform allows you to contribute content, including by uploading data and information, posting messages, sending or sharing files and communicating with others, including the public at large (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Moreover, you agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through our Platform any data, text, images, files, links, software, or communications that (i) we consider, in our sole and absolute discretion, to violate any applicable laws, including without limitation the laws of the United States; (ii) restricts or inhibits any other user from using and enjoying our Platform; (iii) is threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent; (iv) contains viruses, worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network; (v) violates or infringes the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; rights under defamation law; or rights under any securities or other applicable law; (vi) sells or promotes any product or service; (vii) promotes, solicits, or partakes in any multi-level marketing or pyramid scheme; (viii) posts or transmits any unsolicited advertising, or promotional materials (spam); or (ix) provide a false identity or claim a relationship between you and any business, organization, or person for which you are not authorized or legally permitted to claim such a relationship.
Push IV has no obligation to monitor the Communication Services. However, Push IV reserves the right to review materials posted to our Platform and to remove any materials in its sole discretion. Push IV reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Push IV reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Push IV’s sole discretion. Always use caution when giving out any Personal Information about yourself or your children in any Communication Service. Push IV does not control or endorse the content, messages or information found in any Communication Service and, therefore, Push IV specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Push IV spokespersons, and their views do not necessarily reflect those of Push IV. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Our Platform, and the information and material therein, including our Platform’s features, functionality and content are the exclusive property of Push IV, its licensor and/or providers of Third Party Materials and are protected by copyright or other intellectual property laws. Using our Platform does not give you ownership of any intellectual property rights in our Platform or the content you access.
In the event you elect to communicate to us feedback and suggestions for improvements in connection with our Platform, or post, upload, input or submit to any Platform or its associated services any materials (collectively “Submissions”), Push IV shall own all right, title, and interest in and to the same and shall be entitled to use them without restriction. No compensation will be paid with respect to the use of your Submission, as provided herein. Push IV is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Push IV’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Our Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, “Third Party Materials”). You acknowledge and agree that Push IV is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Push IV does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Push IV AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR PLATFORM AT ANY TIME. ADVICE RECEIVED VIA OUR PLATFORM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Push IV DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE INTEGRITY, COMPETENCE, QUALIFICATIONS, STANDING, STATUS, SUITABILITY, COMPLIANCE WITH PROFESSIONAL RULES, ACCURACY OR LEGALITY OF ADVICE OF medical professionals, OR THE OUTCOME, QUALITY, OR COMPLETION OF THEIR SERVICES.
Push IV (INCLUDING ITS personnel) does not make ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF OUR PLATFORM OR OUR SERVICES. WITHOUT LIMITING THE FOREGOING, Push IV DOES NOT REPRESENT OR WARRANT RESULTS OF THE USE OF OUR PLATFORM, ITS CONTENT OR ANY OF OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUR WEBSITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR PLATFORM OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Push IV (INCLUDING ITS STAFF) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR PLATFORM AND THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL Push IV OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING ANY LOSS OF PROFITS OR ANTICIPATED SAVINGS, ANY EMOTIONAL DISTRESS, LOSS OF DATA, USE, GOODWILL, OR OTHER MONETARY OR INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF (OR DELAY OR INABILITY TO ACCESS OR USE) OUR PLATFORM (INCLUDING OUR SERVICES); (2) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (3) ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS SUBMITTED TO OR OBTAINED/ACCESSED THROUGH OUR PLATFORM; (4) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH OUR PLATFORM; OR (5) ANY COMMUNICATIONS OR DEALINGS WITH, OR CONDUCT OF OTHER USERS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Push IV(INCLUDING ITS STAFF) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Push IV, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF OUR PLATFORM, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR direct SERVICES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. YOU AGREE THAT LIMITATION AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING OUR PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We respect the rights of owners of intellectual property and expect our users to conduct themselves accordingly. If you believe that any information or material violates these Terms, infringes upon your copyrights or otherwise should be removed, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), please immediately notify us by email (Subject line: “DMCA Takedown Request”) or by mail at the address specified below and include the following information (see 17 U.S.C 512(c)(3) for further detail): (i) Identification of the copyrighted work(s) or material claimed to have been infringed or to be the subject of infringing activity and that is to be removed (provide information reasonably sufficient to permit us to locate the material); (ii) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (iv) 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 (v) 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 acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.
If you believe that any content provided by you was improperly removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner or its agent, or by law, to post and use such content, you may send us a counter-notice containing the following information: (i) Your name, address, telephone number, and e-mail address and your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and that you will accept service of process from the person who provided notification of the alleged infringement. We have the right but not the obligation to send a copy of such counter-notice to the original complaining party informing them that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of such counter-notice, at our sole discretion.
You agree to defend, indemnify and hold harmless Push IV, our affiliates, independent contractors and consultants, and each of their respective officers, employees, agents, affiliates, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of or inability to use our Platform; (ii) your breach of violation of these Terms, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct.
Push IV may, from time to time, in its sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and you acknowledge and agree that our Platform or portions thereof may not properly operate should you fail to do so.
In addition to applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms will not be considered a breach of these Terms and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.
The validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform shall be governed by the internal laws of the State of Nevada, without reference to choice of law doctrine.
Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform, shall be brought exclusively in the Federal and State courts located in Las Vegas, Nevada, and the Parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO VOLUNTARILY WAIVES (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR OUR PLATFORM), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and Push IV with respect to our Platform, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. Your access of our Platform shall not be construed as creating a partnership, employment, agency, or joint venture relationship between Push IV and you. No failure to nor delay in exercising any right or any power hereunder by either party shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase agreement or other terms, these Terms shall govern. If any provision of these terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Any notices or other communications permitted or required hereunder will be in writing and delivered by Push IV to you (i) by email (to the address that you maintain with your Account); or (ii) by posting on our Platform. You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notices shall be deemed effective one (1) business day after successful transmission (or posting) thereof. Should you have any questions about these Terms or otherwise need to contact us for any reason, please or contact us at: Push IV & Hydration LLC, 4315 Dean Martin Dr Unit 230E, Las Vegas, NV 89103.
COPYRIGHT AND TRADEMARK NOTICES: All contents of our Platform are: COPYRIGHT 2017 by Push IV & Hydration and/or its suppliers. All rights reserved.
Last Updated: June, 2022
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