Terms and Conditions of Use
Introduction
These Terms and Conditions of Use (“Terms and Conditions”) are important. They govern your rights and obligations regarding use of this Website and the available Services (the “Services”). These Terms and Conditions are a binding agreement (this “Agreement”) between you and FeelNu IV. You should ask any question you may have about the services before you signify that you accept these Terms and Conditions. We are available by phone, chat or e-mail as provided below.
Please read this Agreement carefully before accessing, scheduling or purchasing the Services. By checking the box at the end of check out process, you agree to be bound by the terms and conditions of this Agreement and all other operating rules and policies contained within this Website. If you do not agree to all the terms and conditions of this Agreement, then you may not schedule or use any services made available by Feel Nu IV as identified on this Website. Additional documents will be provided to you for review and ratification of your acceptance at the time of the scheduled Service.
Your privacy is important to us. FeelNu’s Privacy Policy (contained on the Website and included within the Agreement) describes the type of information we may collect from you and how we use and treat that information.
Your username and password protect your account, and you are responsible for keeping your password confidential and secure. You agree that you are responsible for all use of your username and password on the Website and in connection with the Services. The access rights granted to you under this Agreement are non-transferable. You are responsible for the actions of any other person who may utilize your rights to the Feel Nu IV Website and Mobile Application to access, schedule or purchase the Services.
DISCLAIMER
The intravenous (“IV”) treatments being offered by FeelNu IV as described on this Website are not intended to diagnose, treat, cure, or prevent any disease or medical condition. You must consult your primary care physician or other physician or healthcare provider with whom you regularly treat, who has full knowledge of your medical condition, to determine whether intravenous (“IV”) treatments as described on this Website are appropriate and safe for you. Pre-treatment medical screening or statements made by the medical professionals in connection with the Services are not meant to replace the advice of your healthcare providers nor should any statement made be interpreted or relied upon as providing medical advice or warranting the appropriateness of your selected treatment for you. The screening performed prior to your selected Service is not a medical exam and is not a substitute for a complete medical exam with your healthcare provider. You are obligated and required to provide accurate information to FeelNu IV about your medical history and any medical condition that exists. Individual results of IV treatments/infusions are not guaranteed and may vary.
FeelNu IV DOES NOT MAKE ANY CLAIMS, REPRESENTATIONS OR WARRANTIES REGARDING YOUR FITNESS TO DRIVE, OPERATE MACHINERY OR ENGAGE IN OTHER ACTIVITIES FOLLOWING RECEIPT OF SERVICES. IT IS RECOMMENDED THAT YOU HAVE A THIRD PARTY AVAILABLE TO ACCOMPANY AND DRIVE YOU AFTER RECEIVING THE SERVICES UNTIL YOU FEEL ABLE TO RESUME NORMAL ACTIVITIES.
THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD. IF YOU ARE NOT 18 YEARS OLD, YOU MUST NOT SCHEDULE OR USE ANY OF THE SERVICES.
Special License Restrictions for Non-Human Visitors
“Non-Human Visitors” include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website or its contents automatically.
Any Non-Human Visitors (as defined above) to the Website, and its contents, shall be considered agents of the individual(s) who controls, authors or otherwise makes use of such Non-Human Visitors. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitors in the same manner as if they personally visited the Website and content.
A special restriction on a visitor’s license to access the Services applies to all Non-Human Visitors.
Email addresses contained and/or stored within the Website are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. Intentional collection, harvesting, gathering, and/or storing of the email addresses is recognized as a violation of this Agreement and expressly prohibited.
Fees, Payment, & Refunds.
Services scheduled and/or purchased from FeelNu IV through the Website, are provided by licensed FeelNu IV’s medical professionals.
By scheduling an appointment with FeelNu IV, you agree to pay FeelNu IV the fee indicated for the Service that has been scheduled.
FeelNu IV REQUIRES AT LEAST 24-HOUR ADVANCE NOTICE OF CANCELLATION. You will be charged the full amount of the fee indicated for the Service(s) scheduled if you cancel an appointment less than 24 hours of its scheduled time or miss the appointment. CHARGES FOR LATE NOTICE OF CANCELLATION OR A MISSED APPOINTMENT ARE NOT REFUNDABLE. In the rare event that we are unable to provide the scheduled Service to you because of our unavailability, a credit or a refund will be provided. Unless an unusual circumstance exists, credits or refunds will not be provided to customers who are unsatisfied with the services.
In the event that the FeelNu IV medical professional is unable to perform the service or the portion of the scheduled service(s) following the insertion of the I.V. needle due to circumstances beyond the medical professional’s control (e.g. the I.V. drip will not begin after the medical professional has made an attempt), you will receive a credit or refund of the full amount of the services scheduled, less a medical assessment fee of one hundred dollars ($100.00).
In the event that you misrepresent yourself in any way or you are under the influence of drugs or alcohol at the time of the appointment (as determined by a FeelNu IV medical professional at the time of the appointment), you will be charged for the full amount of the Service scheduled but no Service will be provided. In the event that you are under the influence of drugs or alcohol at the time of the originally scheduled appointment, for an additional charge of one hundred dollars ($100.00), you may reschedule this appointment for a time that is at least four (4) hours after the scheduled time of the original appointment so long as you are no longer under the influence of drugs or alcohol in the determination of a FeelNu IV medical professional.
Upon your acceptance of these Terms and Conditions and scheduling of your scheduled Service, you hereby agree and authorize FeelNu IV to charge your credit card (or other payment method specified) for the applicable fees or charges for the Service, plus any applicable taxes that FeelNu IV is required to collect, and you authorize FeelNu IV to do so at the time of your Service.
If you make a payment by credit card, your credit card information will be stored on https://stripe.com/ or https://paypal.com (in case of payments via PayPal) and will only be accessed by authorized agents on behalf of FeelNu IV for the purpose of obtaining payment. In the event that you elect to change the Services scheduled prior to the delivery of such Services, you agree and authorize FeelNu IV to use your stored credit card information to charge you for the additional or enhanced Services provided or to provide a credit to you for Services that are not provided. In the case of an applicable credit, such credit will be given to you approximately two (2) to three (3) business days after you have notified FeelNu IV of the respective change in the Services to be provided, subject to the policies of the respective credit card companies. You acknowledge that it is your responsibility to ensure that your credit cards or other payment instruments accepted by FeelNu IV continue to be valid and sufficient for such purposes.
In the event that you request that FeelNu IV provide the Services within two (2) hours of your creation of an appointment with FeelNu IV, through the Website or otherwise (an “ASAP Appointment”), you agree to pay FeelNu IV an additional fee of fifty dollars ($50.00) for the expedited provision of Services (the “ASAP Fee”). In the event that FeelNu IV is not able to provide the Services within two (2) hours of your creation of an ASAP Appointment, the ASAP Fee will be refunded.
Gift Certificates, Packages, and Gift Cards
Gift certificates, Packages, and Gift Cards (collectively referred to as “Gift Certificates”) are non-refundable. Gift Certificates are not exchangeable with cash or another voucher and may not be used with any other promotional code. Any additional cost exceeding the value of this voucher must be paid by the redeemer. Gift Certificates will be considered null and void without the Expiration Date and Authorized Signature being completed, seal and other authentication signs or if tampered. Gift certificates will not be replaced when lost, damaged or stolen. If purchased from a seller other than www.FeelNuIV.com, then gift certificates validation is required by the reseller affiliate. Gift certificates are valid only at www.FeelNuIV.com. FeelNu IV reserves the right to amend these terms and conditions without prior notice.
*****( Michael/Irina: Gift certificates cannot expire sooner than 5 years from the issuance)
Limitation of Website Information
This Website provides limited information about certain conditions, but it is NOT medical advice and is not a substitute for professional medical advice or treatment. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL ADVICE PRIOR TO SCHEDULING OR OBTAINING A SERVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH, A HEALTH CONDITION OR THE APPROPRIATENESS OR SAFETY OF A SERVICE FOR YOU. Should a medical condition exist, or you are concerned about a potential medical condition, promptly see your physician or health provider.
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Responsibility of Website Visitors.
FeelNu IV disclaims any responsibility resulting from the use by visitors of the Website, or from any downloading by such visitors of the content on the Website. Any user who finds content that is offensive, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such content to FeelNu IV.
You represent and warrant that (i) your use of the Website and Services will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
Copyright Infringement and Digital Millennium Copyright Act (DMCA) Policy.
As FeelNu IV asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to notify FeelNu IV. FeelNu IV will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of FeelNu IV or others, FeelNu IV may, in its discretion, terminate or deny such visitor access to and use of the Services. In the case of such termination or denial, FeelNu IV will have no obligation to provide a refund of any amounts previously paid to FeelNu IV by the visitor whose access/use was terminated or denied for this reason.
Intellectual Property.
FeelNu IV, the FeelNu IV domain, the FeelNu IV logo, and all other trademarks, wordmarks, service marks, graphics and logos used in connection with FeelNu IV, or the Services are trademarks or registered trademarks of The I.V. Doc, Inc. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Website or scheduling a Service does not grant you any right or license to reproduce or otherwise use any of FeelNu IV’s trademarks or third-party trademarks.
Site Modifications.
FeelNu IV reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. By using these Services you are agreeing to be bound by the then current version of these Terms of Use, including any and all of the revisions. FeelNu IV may also, in the future, offer new services and/or features through the Services (including, but not limited to, the release of new tools, services and resources). Such new features and/or services shall be subject to the Terms and Conditions of this Agreement. If you do not agree to the modifications, please cease in your use of the Website.
Termination.
FeelNu IV may terminate your access to all or any part of the Website, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. FeelNu IV can terminate the Services offered on the Website immediately as part of a general shut down of our service or other reason. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination.
Breach.
You hereby acknowledge that your breach of this Agreement or the Notice of Privacy Practices may result in immediate and irreparable harm to FeelNu IV. Accordingly, you hereby agree that, in the event of such a breach by you, FeelNu IV shall be entitled to equitable relief to compel you to cease and desist all unauthorized use and/or disclosure of information obtained through the Website or the Services, as well as any and all other remedies available at law or in equity.
Disclaimer of Warranties.
The services, information, functions and materials contained on the Website are provided ‘as is’. FeelNu IV makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights regarding the Website. Further, FeelNu IV does not warrant or make any representations concerning the accuracy, likely results, or reliability of (a) the use of the materials on the Website or (b) any sites linked to or on the Website.
Applicable Law and Jurisdiction.
You agree that any suit, action or proceeding between you and FeelNu IV in connection with or arising from this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and all actions shall be commenced in a state or federal court located in Pittsburgh, Pennsylvania. You consent to the jurisdiction of the federal and state courts within the Commonwealth of Pennsylvania and the venue of the state and federal courts located in Pittsburgh, Pennsylvania. You consent to electronic service of process, to the extent applicable, regarding any action under this Agreement.
Records of Visitor Use and Abuse.
You consent to having your Internet Protocol address recorded.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THIS AGREEMENT. (NOT SURE WHAT THIS IS SAYING. )
*********IRINA: I can do that if I understand what it is saying and the goal.
/Irina – We need something to say in a lawerly way that Visitors are not allowed to do the above and if they do then they are in a breach of this policy /
Website Privacy Policies (I modified this paragraph and included the HIPPA privacy policy info).
The FeelNU IV LLC (“FeelNu IV,” “we,” “us,” and/or “our”) owns and operates this Website. FeelNu IV is committed to the privacy and security of its visitors’ information. Some of the activities on the Services, such as the scheduling of an appointment and pre-screening, require FeelNu IV to collect personal identifying and medical information from you. All personal and medical information provided by you will be held by FeelNu IV in compliance with applicable law. All such information is held in confidence by FeelNu IV and will not be shared with third parties for any reason unless it is necessary to process a request made by you or as otherwise legally required. Further, FeelNu IV may collect data from the Website, such as the pages visited, how much time a visitor spends on the Website and described Services, and a visitor’s IP address, in order to improve the content provided on the Website. If you have any questions about our Privacy Policy, please feel free to contact us.
The following are FeelNu IV’s Privacy Policies for this Website. Please read the below Policies carefully: Personal Information Privacy Policy | FeelNu IV, Medical Information Privacy Policy
Social Media Usage Policy
FeelNu IV has opened publicly facing pages on social media sites for viewing content and/or videos and posting comments about FeelNu IV. These FeelNU IV social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user-generated content sites (each, a “Social Media Site” and collectively, the “Social Media Sites”). When using social media sites operated by others, you must also follow their rules of conduct and abide by their terms of use. By accessing, viewing and/or posting any content related directly or indirectly to a FeelNu IV Social Media Site, you accept, without limitation or qualification, the following terms of use. If you do not agree to these terms, please do not view or post any content related directly or indirectly to FeelNu IV on any of its Social Media Site. Your use of the FeelNU IV Social Media Sites will be implied acceptance of these terms and has the same effect as if you had physically signed an agreement. The following are the “rules” for use of the FeelNu Social Media sites
1. You must be at least 21 (DO YOU WANT TO CHANGE THIS TO 18 SINCE SERVICES CAN BE OBTAINED AT 18. OR DO YOU WANT TO SWITCH WHEN SERVICES CAN BE OBTAINED?) years old to post any content on any Social Media Site.
2. You are prohibited from posting any content that is personal health information including patient images on any Social Media Site. You are also prohibited from using any Social Media Site to provide medical advice or medical commentary or to use the Social Media Site to make, recommend or increase referrals to physicians who are not employed by FeelNu IV.
3. By posting content to any Social Media Site, you agree that you will not: (a) violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive via this Social Media Usage Policy; (b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; or (d) share confidential information of any person.
4. By posting content to any Social Media Site, you agree that you will not transmit any material (by uploading, posting, email or otherwise): (a) that is unlawful, disruptive, threatening, discriminatory, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, or is an invasion of another’s privacy, is racially, ethnically or otherwise objectionable; (b) that you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) that is unsolicited or unauthorized advertising (including advertising of non FeelNu IV services or products), promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; or (e) that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5. By posting any content regarding FeelNU IV on any Social Media Site, you grant to FeelNu IV the right to reproduce, distribute, publish, display such content and the right to create derivative works from your content, edit or modify such content and use such content for any FeelNu IV purpose.
6. FeelNu IV reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and in its sole discretion. FeelNu IV may remove, delete, block, filter or restrict by any other means any materials in FeelNu IV’s sole discretion. You understand and agree that FeelNu IV may disclose your communications and activities with FeelNu IV in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of FeelNu IV’s rights. You agree that in the event that FeelNu IV exercises any of its rights hereunder for any reason, FeelNu IV will have no liability to you.
7. You shall defend, indemnify, and hold FeelNu IV and its corporate affiliates and their respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your posting of any content to a Social Media Site, any third party claims of infringement or any breach of this Social Media Usage Policy. You agree that any claim or dispute relating to your posting of any content on a Social Media Site on the internet shall be construed in accordance with the laws of the State of Pennsylvania without regard to its conflict of laws provisions and you agree to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts in Pennsylvania with venue being proper in Pittsburgh, Pennsylvania.
8. You expressly acknowledge that you assume all responsibility related to the security, privacy, and confidentiality risks inherent in sending any content over the internet. By its very nature, a website and the internet cannot be absolutely protected against intentional or malicious intrusion attempts. FeelNu IV does not control the third-party sites and the Internet over which you may choose to send confidential information or other content and, therefore, FeelNu IV does not warrant any safeguard against any such interceptions or compromises to your information. It is requested that you bring you confidential medical information with you at the time of your Service. When posting any content on an internet site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family. Furthermore, FeelNu IV does not endorse any product, service, views or content displayed on the Social Media Site.
9. This Social Media Usage Policy may be updated at any time without notice, and each time a user accesses a social networking site, the new policy will govern, usage, effective upon posting. By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to this Social Media Usage Policy.
Our Commitment to Accessibility
FeelNu IV is committed to making our website and digital content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at Contact | FeelNu IV with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. Or, call us at _________. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.
Contact.
For further information concerning our Terms and Conditions of Use please contact us Contact | FeelNu IV:
Effective Date.
This notice is effective on xx/xx/xxxx.