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I Live Well IV, LLC

Terms and Conditions

Last updated: Jan 22, 2024

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Welcome to I Live Well IV! Please carefully read and understand the following Terms and Conditions ("Agreement") governing your use of our website, mobile sites, and mobile applications (collectively, the "Sites") and the services provided by I Live Well IV, LLC. and our affiliated brands ("we," "us," or "our") on the Sites. This Agreement, along with our Privacy Policy, outlines the legally binding terms and conditions for utilizing our Services.

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Important Note: I Live Well IV. is designed for specific non-emergency medical conditions and concerns. If you believe you are experiencing a medical emergency, please dial 911 or contact your local medical provider.

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By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by and comply with these Terms and our Privacy Policy. It's essential to note that this Agreement includes a mandatory arbitration provision, class action waiver, and jury trial waiver in Section XXI. By accepting these terms, you expressly agree to be bound by these provisions.

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I. Introduction

These Terms of Use describe your rights and responsibilities regarding the I Live Well IV website and mobile application ("Platform") owned and operated by I Live Well IV, LLC. Please note that "we," "our," "us," and "I Live Well IV" collectively refer to I Live Well IV, LLC. and any subsidiaries and affiliations.

 

II. Modification of Terms

This Agreement is subject to changes, and we reserve the right to amend these Terms at any time and for any reason. It is your responsibility to check the Terms periodically for updates. Your continued use of the Platform after any amendments constitutes acceptance of the revised Terms.

 

III. Description of I Live Well IV.

The Platform facilitates various healthcare services, including healthcare records development, administrative support for scheduling and payment, coordination of prescription medications, and telecommunications support for direct access to medical providers. By accepting this Agreement, you consent to conduct business electronically and engage in health-oriented activities with I Live Well IV, LLC. and affiliated entities.

 

IV. Eligibility

To use the Services, you must be at least 18 years old, reside in the United States, and agree to comply with these Terms. Additionally, you must have compatible devices, internet access, and necessary software. Meeting these requirements does not guarantee receipt of the Services, and further criteria may apply at the discretion of I Live Well IV. and its affiliated entities.

 

V. Availability

• Mobile IV Hydration Services: Limited to South Florida.

• Telehealth Services: Nationwide.

• Weight-loss Medications: Nationwide (Shipped).

 

VI. Registration, User Accounts, and User Data

Registration with I Live Well IV. is required to access the Services. User Data provided on the Platform may be used, copied, or displayed by I Live Well IV. You grant a transferable license for the use of User Data to improve and provide Services. The Platform may be inaccessible at times, and I Live Well IV. is not liable for any unavailability.

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VII. Your Responsibilities and Acknowledgment

As a condition of utilizing the Services through the Platform, you commit to the following:

1. Ensure that all Your Information provided through the Platform is accurate, complete, and up-to-date. You agree to maintain and update this information accurately.

2. Acknowledge that your permission to use the Platform is personal and must be used only by you. Keep your identification information truthful and confidential. Safeguard your username and password, exit your account at the end of each session, and take responsibility for all activities under your account. Promptly change your password if compromised. Do not share or transfer your password, create multiple accounts, or use anyone else's account. Notify I Live Well IV immediately of any unauthorized use or security breach by emailing info@ilivewelliv.com.

 

Provide additional information to I Live Well IV, its affiliated entities, or relevant medical provider(s) if required for Healthcare Services or prescription fulfillment. You may choose to withhold information, but doing so may restrict your use of the Platform.

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Understand that the provision of Healthcare Services relies on the completeness and accuracy of Your Information. I Live Well IV is unable to verify all Your Information, and therefore, is not responsible for consequences arising from inaccuracies or incompleteness. In case of inaccuracies, incompleteness, or non-maintenance of Your Information, I Live Well IV reserves the right to suspend or terminate your account and use of the Services, taking necessary actions to maintain Platform security.

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VIII. Restrictions on Use

You agree not to use the Platform or Services in ways that violate these Terms. Specifically, you will not:

• Use the Platform for anyone other than yourself.

• Infringe upon intellectual property or other rights of third parties, violate laws or regulations, or breach these Terms.

• Modify mobile operating systems in a way that compromises security features, constituting a material breach.

• Commercially exploit the Platform, create competing products, or act against I Live Well IV's interests.

• Harm the Platform's functionality, security, or content.

• Attempt to bypass or disable security measures.

• Transmit harmful computer code.

• Alter or remove trademarks, specifications, or intellectual property notices.

• Copy or reproduce content for unauthorized purposes.

 

IX. Licensing

Subject to compliance with these Terms, I Live Well IV grants you a personal, limited, nonexclusive license to use the Platform for personal, non-commercial purposes. No other rights are transferred, and all ungranted rights remain with I Live Well IV and its licensors.

 

X. Disclaimer of Limited Healthcare Services

The Platform is designed for specific healthcare services and should not substitute comprehensive medical advice, care, diagnosis, or treatment. Consult your physician or qualified healthcare provider for personal health inquiries.

 

XI. Telehealth Consent

Telehealth involves electronic communication between patients and healthcare professionals. While it carries potential benefits, it also entails risks. Review the "Telehealth Informed Consent" for details. By using the Services, you agree to and acknowledge I Live Well IV's beneficiary status under the Medical Consent.

 

XII. Payment

Submit Your Information for Health Care Services with the agreement to pay all due fees. By providing payment information, you authorize charges. Consultations are non-refundable, and prescription product returns are not accepted. You are responsible for all fees, including those charged by medical providers.

 

XIII. Privacy

I Live Well IV values confidentiality and privacy. Refer to our Privacy Policy for details on the collection, use, and disclosure of Your Information.

 

XIV. Intellectual Property

I Live Well IV owns all rights to the Platform, its content, and intellectual property. You are granted permission for personal, non-commercial use. Unauthorized use of Trademarks is prohibited without written permission from I Live Well IV or its affiliates. Ownership of Trademarks remains with I Live Well IV or its affiliates.

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XV. Third-Party Links and Websites

The Platform may include hyperlinks or references to other websites ("Linked Sites") operated by third parties. Since these Linked Sites are beyond our control, we are not accountable for the information, products, or services they offer, including the content of any Linked Site or any changes to it. These Linked Sites are provided for your convenience, and their inclusion does not imply endorsement or association with their operators. Your use of Linked Sites is at your own risk, and we bear no liability, either directly or indirectly, for any content, errors, damage, or loss resulting from or related to the use of or reliance on information contained in or provided by Linked Sites.

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If you accessed the Platform through a Linked Site, including one controlled by a parent, subsidiary, or affiliate of I Live Well IV, understand that only these Terms govern your use or access to the Platform, and we are not responsible for the information, products, or services described on those Linked Sites.

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XVI. Disclaimer of Warranties

You acknowledge and agree that the Platform and the Services are provided on an "as-is" and "as-available" basis. Your use of the Platform is at your sole risk. I Live Well IV and its affiliates, along with their respective officers, directors, managers, partners, members, employees, and agents ("Related Persons"), make no representations or warranties, expressly or impliedly, regarding the Platform and the Services. This includes any warranties related to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery. We disclaim any liability for any loss or damage resulting from your reliance on information obtained through the Platform. It is your responsibility to assess the accuracy, completeness, timeliness, reliability, or usefulness of the Platform. Additionally, we do not guarantee uninterrupted or error-free access to the Platform, and we disclaim any liability related thereto.

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You understand and agree that any content, material, and/or information obtained through the Platform are used at your sole risk, and you will be solely responsible for any damage to your computer or mobile phone or loss of data resulting from the download of such content, material, and/or information.

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XVII. Limitation of Liability

To the fullest extent permissible under applicable law, neither I Live Well IV nor its Related Persons or licensors will be liable for any claims, liabilities, losses, costs, or damages under any legal or equitable theory. This includes, but is not limited to, indirect, punitive, special, incidental, or consequential damages, such as lost profits, loss of data, or loss of goodwill. This limitation applies even if I Live Well IV or Related Persons have been advised of the possibility of such damages or losses. The total liability of I Live Well IV and its Related Persons for any claims under these Terms shall not exceed U.S. one hundred dollars ($100.00 USD), to the extent permitted by law. Some jurisdictions may not allow limitations of liability, and the foregoing limitation may not apply to you.

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XVIII. Indemnification

You agree to indemnify, defend, and hold I Live Well IV, its Related Persons, licensors, and suppliers harmless from any third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs. This indemnification arises from or is related to (i) any breach by you of these Terms, (ii) your unauthorized use of material or features available on the Platform, and/or (iii) your violation of applicable laws, rules, or regulations.

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XIX. Modifications to the Platform

I Live Well IV reserves the right to modify, temporarily or permanently discontinue, the Platform, or any portion thereof, at any time and for any reason, with or without notice. I Live Well IV shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

 

XX. Suspension and Termination of Rights

The Terms remain effective as long as you access or use the Platform. You can terminate the Terms by discontinuing Platform use. Your permission to use the Platform automatically ends if you violate these Terms. We may terminate or suspend your access to the Platform with or without prior notice, at any time and for any reason. Certain provisions survive termination, including Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, Arbitration, Class Action Waiver, and Miscellaneous. I Live Well IV reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform in accordance with internal policies. After termination, I Live Well IV has no obligation to provide Services, except as required by applicable legal, ethical, and professional obligations for continuing care or access to health records.

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XXI. Governing Law; Dispute Resolution; Arbitration

You and we mutually agree that any disputes between you and us, whether involving a third party or not and related to your relationship with us (including disputes concerning this User Agreement, your use of the Services, and/or rights of privacy and/or publicity), will be exclusively resolved through binding arbitration. The only exception is that you may assert claims in a small claims court if they qualify. Both parties explicitly agree that class or representative arbitrations, as well as class or representative actions, are not allowed under any circumstances. You and we are each waiving the right to participate in a class action or class arbitration.

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Both parties also waive the right to sue or go to court to assert or defend rights under this User Agreement, with the understanding that the Federal Arbitration Act and federal arbitration govern the interpretation and enforcement of this provision.

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Unless otherwise provided below, any cause of action, legal claim, or dispute between you and us arising from or related to these Terms must be resolved through arbitration on an individual basis. Class actions and class arbitrations are not permitted; both parties may only bring a claim on their behalf and cannot seek relief affecting other I Live Well IV users. If a final judicial determination concludes that a specific claim cannot be arbitrated within the limitations of this provision, then only that claim may be brought to court. All other claims remain subject to this provision.

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In lieu of arbitration, you or we can bring claims in your local small claims court, provided the court rules allow it. If you don't bring your claims in small claims court (or if either party appeals a small claims court judgment to a court of general jurisdiction), then the claims must be resolved through binding individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. Both parties expressly waive a trial by jury.

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You can opt out of this provision within 30 days of agreeing to these Terms by sending your opt-out request, including your name, residence address, username, email address or phone number associated with your I Live Well IV account, and a clear statement that you want to opt out of this arbitration agreement. Send your opt-out request to:

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I Live Well IV ATTN: Compliance Info@ilivewelliv.com

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Before commencing arbitration, you must provide us with a written Notice of Dispute, including your name, residence address, username, email address or phone number associated with your I Live Well IV account, a detailed description of the dispute, and the relief you seek. Email the Notice of Dispute to:

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I Live Well IV ATTN: Compliance Info@ilivewelliv.com

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Before arbitration starts, we will send a Notice of Dispute to the email address associated with your I Live Well IV account or another appropriate means. If we can't resolve the dispute within 30 days after receiving the Notice of Dispute, either party may commence arbitration.

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The costs and fees of arbitration will be allocated according to the arbitration provider's rules, including those concerning frivolous or improper claims.

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For any claim not arbitrated or resolved in small claims court, both parties agree to resolve it exclusively in the U.S. District Court for Florida or a state court in Broward County. Both parties submit to the personal jurisdiction of either court for litigating such claims.

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The State of Florida's laws, to the extent not preempted or inconsistent with federal law, govern these Terms and any claim, without regard to conflict of law provisions.

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Governing Law: The Platform, controlled and operated by us from the United States, is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than the United States. These Terms will be governed by the laws of the State of Florida without regard to conflicts of law principles.

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Arbitration Agreement: Both parties agree that all claims and disputes relating to your use of our Platform, or arising from or in connection with these Terms, shall be resolved by binding arbitration, on an individual basis, to the fullest extent permitted by applicable law, except for disputes resolvable in small claims court, disputes seeking equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or disputes pending at the time you first agree to these Terms. Additionally, any arbitration will take place in Broward County, Florida.

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Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration between you and I Live Well IV will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available at www.adr.org.

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Waiver of Jury Trial: In the event arbitration is contrary to applicable law, both parties waive any constitutional or statutory right to go to court for a trial in front of a judge or a jury. Both parties elect to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination. Arbitration procedures are typically more limited, efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

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No Class Arbitrations, Class Actions, or Representative Actions: Both parties agree that all claims and disputes under this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims and disputes involving more than one customer or user cannot be brought as a class or other type of representative action, whether in arbitration or court. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. The arbitrator may only award relief to the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claim(s) or dispute. Any relief awarded cannot affect other I Live Well IV users.

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This Mandatory Arbitration provision survives the termination of your relationship with us.

XXII. Copyright Infringement

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I Live Well IV, LLC complies with the Digital Millennium Copyright Act (“DMCA”) provisions applicable to Internet service providers (17 U.S.C. § 512, as amended) and responds to clear notices of alleged copyright infringement. The following outlines the procedure for filing a notification of alleged copyright infringement with I Live Well IV.

Notification of Claimed Copyright Infringement: If you object to copyrighted content or material available on or through our Platform, submit a notification to our Designated Agent at info@ilivewelliv.com.

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Any notification under 17 U.S.C. § 512(c) alleging copyright infringement must include:

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

2. Identification of the copyrighted work or other intellectual property claimed to be infringed.

3. Identification of the infringing content or material and its location on our Platform.

4. Sufficient information for I Live Well IV to contact you.

5. A statement that you have a good-faith belief that the use of the content or material is not authorized.

6. A signed statement that the information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

XXIII. Miscellaneous

The Terms constitute the entire understanding and agreement between you and us on the subject matter. If any provision is found invalid, the parties agree the court should give effect to their intentions as reflected in the provision. Other provisions of the Terms remain in full force. Headings are for reference only and do not define or limit the scope of sections. Our failure to act regarding any non-compliance does not waive our right to act later. You may not assign your rights or obligations under these Terms without our written consent. Any assignment or transfer in violation is null and void.

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XXIV. Contact Information

For questions or concerns, contact info@ilivewelliv.com.

 

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