TERMS OF USE
Terms of Use
Customer Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE AT
https://www.ivoceantherapy.com/, CLICKING “I AGREE” WHEN REQUIRED, CHECKING A
RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE
PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR
OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU
ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE LEGALLY
BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF
SERVICE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT
AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR
OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS OF SERVICE ON YOUR
BEHALF.
ARBITRATION NOTICE: BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE
THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE PROVIDERS ARISING OUT OF
OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN
A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH HEREIN.
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE
IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL
CONDITIONS OR CONCERNS. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE
AS PROVIDED HEREIN.
- Introduction
Island Medical Group LLC DBA IV Ocean Therapy ( “we,” or “us”) owns and operates
this website located at https://www.ivoceantherapy.com/ as well as the IV Ocean
Therapy mobile application (collectively, the “Platform”). IV Ocean Therapy
provides the Platform and accompanying booking and membership services (the
“Service”) and provides individuals with local healthcare providers in Oahu.
Your access and use of the Platform and the Service are governed by these Terms
of Service (“Terms of Service” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms
you will need to know about the Service. In this Agreement, the terms “you” and
“yours” refer to the person using the Service.
- Acceptance of Terms of Service
Your access to and use of the Service is subject to this Agreement, as well as all
applicable laws and regulations. If you do not accept and agree to be bound by
this Agreement in its entirety, you are strictly prohibited from visiting, accessing,
registering with and/or using the Service, except as necessary to review this
Agreement. The Service is continually under development, and we reserve the
right to revise or remove any part of this Agreement or the Service in our sole
discretion at any time and without prior notice to you. Any changes to this
Agreement are effective upon posting to this page. If you disagree with this
Agreement or any terms or conditions herein, your sole remedy is to discontinue
your use of the Service. Your continued use after a change to this Agreement has
been posted constitutes your acceptance of this Agreement as modified by such
changes.
- Your Relationship with Us: Medical Disclaimer Regarding
IV Ocean Therapy Services
IV Ocean Therapy operates the Platform, booking service and contracts
with medical providers who deliver medical services.
Our Service provides access to Island medical group and it’s medical
providers in Hawaii, on the Island of Oahu who are appropriately
licensed in the applicable state or jurisdiction and provide the healthcare
services (the “Medical Group”). IV Ocean Therapy employs or contracts with
physicians, and allied health professionals, including nurses, physician assistants
and others who offer certain healthcare services permitted in their local state or
jurisdiction (“Providers”). We also provide access to prescription fulfillment
services offered by pharmacies (the “Pharmacies”) and laboratory services from
laboratories (the “Labs”). By accepting this Agreement, you acknowledge and
agree that any services you receive from Island Medical Group, Providers, Labs, and
Pharmacies that were booked through the Platform are also subject to this
Agreement.
By accepting this Agreement,
you acknowledge and agree that IV Ocean Therapy is a medical healthcare provider
and that by using the Service, you are entering into a
doctor-patient or other health care provider-patient relationship with IV Ocean
Therapy.
Further, we do not control or interfere with any
professional service provided by the Labs and Pharmacies, each of which is solely
responsible for their provision of professional services.
Your interactions with Island Medical Group and Providers are NOT intended to
take the place of your relationship(s) with your regular in-person health-care
practitioner(s) and primary care providers.
By accepting this Agreement, you acknowledge and agree that the IV Ocean
Therapy and/or Providers may send you messages, reports, and emails via the
Service regarding your diagnosis and/or treatment. You understand and agree
that IV Ocean Therapy is not responsible for the security and privacy of
communications services you use to receive the aforementioned messages,
reports, and emails sent via the Service. You further understand and agree that it
is your sole responsibility to monitor and respond to these messages, reports, and
emails and that neither IV Ocean Therapy nor the Island Medical Group nor any
Provider will be responsible in any way and you will not hold IV Ocean Therapy,
Island Medical Group or any Provider liable for any loss, injury, or claims of any
kind resulting from your failure to read or respond to these messages or for your
failure to comply with any treatment recommendations or instructions from the
Island Medical Group or your Provider(s).
While you are establishing a doctor-patient or other healthcare provider patient
relationship with IV Ocean Therapy, by using the Service and Platform, we strongly suggest not to
replace your regular primary care after you have established a direct customer relationship with IV
Ocean Therapy to use the Service, including any purchase of a membership sold directly to you by
IV Ocean Therapy via the Service. In connection with such relationship, you may provide to
us, or cause to be provided to us on your behalf, personal information, including
health information, that is subject to use by us in accordance with our Privacy
Policy. Please refer to the “Privacy Policy” section and the “Protected
Information” section below for additional information.
- No Insurance Accepted; Notice Regarding Your Financial
Responsibility for Services
IV Ocean Therapy and Island Medical Group do not accept commercial health
insurance plans, are not in-network with any commercial health insurance plans,
and are not enrolled with, and are not participating providers with, any federal or
state healthcare programs (i.e., Medicare, Medicaid) for the provision of any
health care services or supplies and, as such, neither you nor IV Ocean Therapy or
the Island Medical Group may receive payment from insurance or such programs
for the services or products provided to you by IV Ocean Therapy or Island
Medical Group. Further, to the extent that any of the Labs, Pharmacies, or
Providers may be enrolled in federal or state healthcare programs, the means
through which the services and products are provided or made accessible through
the Service typically precludes such services and products from being covered
benefits under these programs. By choosing to use the Service, you are
specifically choosing to obtain products and services on a cash basis outside of
any commercial health insurance plan or federal or state healthcare program.
Thus, you are solely responsible for the costs of any service or product provided
to you.
By agreeing to use the Service, you acknowledge and agree that (1) you are
explicitly choosing to obtain products and services on a cash basis outside of any
commercial health insurance plan or federal or state healthcare program and you
have sole financial responsibility for all services or products provided to you by or
through the Service, and (2) neither you nor IV Ocean Therapy, the Labs, the
Pharmacies, Island Medical Group or the Providers will submit a claim for
reimbursement to any federal or state healthcare program for the costs of the
services and products provided to you through the Service.
- Subscriptions and Membership Services
Certain products and services available for purchase through the Service,
including our Monthly Memberships, require that you purchase the product or
service on an automatically renewing subscription basis (“Subscription Services”).
For Subscription Services, your payment method on file will be automatically
charged at regular intervals as described for that subscription during the checkout
process until you cancel your subscription. You may cancel a subscription at any
time before the cancelation cutoff date as indicated to you at the time you
purchase a Subscription Service. For our Monthly Memberships, your payment
method on file will be automatically charged on a monthly basis until you cancel
your membership. We require a three-month minimum prior to cancellations of
Monthly Memberships. You may cancel a subscription at any time up to forty-eight
(48) hours before the applicable renewal processing date of your
subscription through the Service, by using our contact form here:
https://www.ivoceantherapy.com/contact-us/.
- Prescription Products
Certain products available through the Platform require a valid prescription by one
of our licensed healthcare Provider. You will not be able to obtain a prescription
product unless you have completed a consultation with one of the Providers, the
Provider has determined the prescription product is appropriate for you, and
the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a
prescription, you will receive information about your options for filling the
prescription.
Prescriptions fulfilled by the Pharmacies do not use child-resistant
packaging and prescription products will not be dispensed in child-resistant
containers. You must keep it out of the reach of children.
If you fill a prescription with a pharmacy you will be responsible for picking up
or otherwise obtaining the prescription product and paying the pharmacy directly
for the cost of the prescription product.
You give us consent to send and disclose to the pharmacy of your choice all
information provided by you, health care records, and other applicable health
care information and personal information (such as your name, location and
demographic information) so that you may receive pharmacy services.
- Terms of Sale and Payments
You agree to pay all fees due for services requested at the fees and pursuant to all
payment terms presented to you when engaging in transactions. Prices are
subject to change at any point in our sole discretion. You will see a prompt for
your payment details, such as your credit card information and any promotional
codes you may have. By entering your payment information and submitting your
request, you authorize us, our affiliates, or our third-party payment processors to
charge the amount due, including recurring fees associated with Subscription
Services.
All credit card, debit card and other monetary transactions on or through the
Service occur through an online payment processing application(s) accessible
through the Service. This online payment processing application(s) is provided by
IV Ocean Therapy’s third-party online payment processing vendor.
All credit card, debit card and other monetary transactions on or through the
Service occur through an online payment processing application(s) accessible
through the Service. This online payment processing application(s) is provided by
IV Ocean Therapy’s third-party online payment processing vendor, Stripe
(“Stripe”). Additional information about Stripe, its privacy policy and its
information security measures (collectively, the “Stripe Policies”) should be
available on the Stripe website located at https://stripe.com/us/privacy or by
contacting Stipe directly. Reference is made to the Stripe Policies for
informational purposes only and are in no way incorporated into or made a part
of this Agreement. IV Ocean Therapy’s relationship with Stripe, if any, is merely
contractual in nature, as Stripe is nothing more than a third-party vendor to IV
Ocean Therapy and is in no way subject to IV Ocean Therapy’s direction or
control; thus, their relationship is not, and should not be construed as, one of
fiduciaries, franchisors-franchisees, agents-principals, employers-employees,
partners, joint venturers or the like.
You understand and agree that you are responsible for all fees due to receive
health care services and pharmacy prescription services, including any fees
charged by Island Medical Group, Providers, Pharmacies and Labs that provide
services to you in connection with the Services.
In the event that your credit card expires or our third-party payment processors
are unable to process your payment, you may receive notice for you to provide an
alternative payment method. Neither we nor Island Medical Group, Providers,
Pharmacies or Labs have any obligation to provide any services to you unless and
until full payment has been received and/or verified. You are responsible for
keeping your payment information (such as credit card number and billing
address) accurate and up to date at all times.
Only valid payment methods acceptable to us may be used to complete a
purchase via the Service. You represent and warrant that you are authorized to
use your designated payment method. You authorize us to charge your designated
payment method for the total amount of your order (including any applicable
taxes and shipping and handling charges). If your designated payment method is
declined, we will attempt to process your charge until the transaction is
approved. We and our third-party payment service providers may request, and
may receive, updated payment card information from your payment card issuer,
such as updated card numbers and expiration date information when your credit
card has expired. If such updated information is provided to us and our third party
payment service providers, you agree we may update your account
information accordingly, and will use such updated information to process
payments for your future purchases and applicable subscription charges (including
any applicable taxes, shipping and handling charges). Your payment card issuer
may give you the right to opt out of providing vendors and third-party payment
service providers with your updated card information. If you wish to opt out of
your payment card’s updating service, you should contact your card issuer. We
are not responsible for any fees or charges that your bank or payment card issuer
may apply. If your bank or card issuer reverses a charge to your payment card, we
may bill your account directly and seek payment by another method including a
mailed statement.
All products offered for sale by IV Ocean Therapy are subject to availability and
we reserve the right to impose quantity limits on any order or reject all or any
part of an order without prior notice. In the event of an error, we reserve the
right to correct the error and revise your order accordingly (which includes
charging the correct price) or to cancel the order and refund any amount charged.
Prices for products are subject to change at any time. You are responsible for any
applicable sales, use, duty, customs or other governmental taxes, levies or fees
(“Taxes”) due with respect to your purchase of products or services through our
Service. The actual Taxes charged may be adjusted from the amount shown at checkout. Several
factors may cause this, such as variances between processor programs and changes in tax
rates.
- Consent to Use of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic
communications, information technology or other means between a healthcare
provider and a patient who are not in the same physical location. While the
provision of healthcare services using telehealth may offer certain potential
benefits, there are also potential risks associated with the use of telehealth. The
telehealth services are not a substitute for in-person care in all cases. In order to
use the Service, you will be required to review and agree to an informed consent
regarding medical treatment and the use of telehealth (the “Patient Consent”)
that will be provided to you via the Service. You agree that IV Ocean Therapy is a
beneficiary of the Patient Consent and has the right to enforce it against you.
- Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and
expense, appropriate software and hardware capabilities (consistent with any
technical, quality or other requirements described in the Service) to enable use of
the Service, including but not limited to, a computer or mobile device with a video
camera and Internet access. You are solely responsible for any fees, including
Internet connection or mobile fees, that you incur when accessing the Service.
You also have a duty to provide truthful, accurate and complete information in
any forms or other communications you submit to or through the Service. We
reserve the right to change the access configuration, including any software,
hardware or other requirements of the Service at any time without prior notice.
- Privacy Policy
IV Ocean Therapy understands the importance of confidentiality and privacy
regarding your personal information. Please see our Privacy Policy for a
description of how we may collect, use and disclose your personal information.
- Protected Health Information
When you set up an account with IV Ocean Therapy, you are creating a direct
customer relationship with IV Ocean Therapy that enables you to access and/or
utilize the various functions of the Service as a User. As part of that relationship,
you provide information to IV Ocean Therapy, including but not limited to your
name, email address, shipping address and phone number, that we may collect,
use and disclose in accordance with our Privacy Policy, and that we do not
consider to be “health” or “medical” information.
However, in using certain components of the Service, you may also provide
certain medical information that may be protected under applicable laws. IV
Ocean Therapy is a “covered entity” under the Health Insurance Portability
and Accountability Act of 1996, Public Law 104-191, and its related regulations
and amendments from time to time (collectively, “HIPAA”). One or more of the
Labs or Pharmacies may or may not be a “covered entity” or
“business associate” under HIPAA. It is important to
remember that, while state-specific privacy laws may apply, HIPAA does not
necessarily apply to an entity or person simply because there is health
information involved, and HIPAA may not apply to your transactions or
communications with IV Ocean Therapy, Island Medical Group, the Providers, the
Labs, or the Pharmacies.
In addition, any medical or health information that you
provide that is subject to specific protections under applicable state laws
(collectively, with PHI, “Protected Information”), will be used and disclosed only
in accordance with such applicable laws. However, any information that does not
constitute Protected Information under applicable laws may be used or disclosed
in any manner permitted under our Privacy Policy. Protected Information does not
include information that has been de-identified in accordance with HIPAA.
Island Medical Group and Providers have adopted a Notice of Privacy Practices that
describes how they use and disclose Protected Information. By accessing or using
any part of the Service, you are acknowledging receipt of the Notice of Privacy
Practices from Island Medical Group, IV Ocean Therapy and Provider(s).
- Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Platform in order to
access the Service, and the Service is available only to Users who have registered
and have been granted accounts with usernames and passwords. For purposes of
clarity, information you provide to IV Ocean Therapy in order to register and set
up an account on the Platform, including name, username, email address,
shipping address and phone number, are not considered Protected Information
for purposes of the Protected Health Information section above. You agree to
accurately maintain and update any information about yourself that you have
provided to IV Ocean Therapy, its Providers, the Labs or the
Pharmacies. If you do not keep such information current, or fail to submit
truthful, accurate and complete information, or we have reasonable grounds to
suspect as much, we have the right to suspend or terminate your account and
your use of the Service. You also agree to immediately notify IV Ocean Therapy of
any unauthorized use of your username, password or any other breach of security
that you become aware of involving or relating to the Service by IV Ocean Therapy
at info@ivoceantherapy.com or using our contact form. In addition, you agree to
keep confidential your username and password and to exit from your User
account at the end of each session. IV Ocean Therapy explicitly disclaims liability
for any and all losses and damages arising from your failure to comply with this
section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and
password that will be used as your login for your account
In addition, we take steps to protect the User data we collect against unauthorized access.
However, you should keep in mind that the Service and our services are run on software, hardware,
And networks, any component of which may, from time to time, require maintenance
or experience problems or breaches of security beyond our control. In addition,
persons with access to your computer, phone, or other mobile or other devices
may be able to access the Service and information about you, including medical
information, contained in the Service. It is your responsibility to affirmatively
logout from your account when you are not actively using it. It is also your
responsibility to secure and prevent unauthorized physical access to your
computer, phone and other devices, and to protect the confidentiality of your
username and password.
You must exercise caution, good sense, and sound judgment in using the Service.
You are prohibited from violating, or attempting to violate, the security of the
Service. Any such violations may result in criminal and/or civil penalties against
you. IV Ocean Therapy may investigate any alleged or suspected violations and if a
criminal violation is suspected, IV Ocean Therapy may cooperate with law
enforcement agencies in their investigations.
- Use and Ownership of the Service
IV Ocean Therapy grants you a limited, non-transferable, revocable license to access
and use the Service for your personal use. Unless otherwise specified by IV Ocean
Therapy in a separate license, your right to use any of the Service or the content is
subject to this Agreement and all rights in the Service and content are reserved by
IV Ocean Therapy. You agree that IV Ocean Therapy own all rights, title and interest in the Service
(including but not limited to, any computer code, themes, objects, concepts, photographs, product
descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects,
methods of operation, moral rights, and documentation). You will not remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Service.
The “IV Ocean Therapy” stylized name and other related graphics, logos, service
marks and trade names used on or in connection with the Service are the
trademarks of IV Ocean Therapy and may not be used without permission,
including in connection with any third-party products or services.
- Prohibited Use
You are prohibited from using or attempting to use the Service (i) for any
unlawful, unauthorized, fraudulent or malicious purpose, (ii) in any manner that
could damage, disable, overburden, or impair any server, or the network(s)
connected to any server, (iii) in any manner that could interfere with any other
party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any
other accounts, computer systems, or networks connected to any server or
systems through hacking, password mining or any other means, (v) to access
systems, data, or information not intended by IV Ocean Therapy to be made
accessible to a user, (vi) to obtain any materials, or information through any
means not intentionally made available by IV Ocean Therapy, (vii) to reverse
engineer, disassemble or decompile any section or technology on the Service, or
(viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Service, you agree you will not: (a)
upload or transmit any message, information, data, text, software or images, or
other content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or inappropriate with respect to race,
gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade
another’s right of privacy or publicity; (b) create a false identity or duplicative
accounts for the purpose of misleading others or impersonate any person or
entity, including, without limitation, any IV Ocean Therapy representative, or
falsely state or otherwise misrepresent your affiliation with a person or entity; (c)
upload or transmit any material that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships (such as
nondisclosure agreements); (d) upload files that contain viruses, trojan horses,
worms, time bombs, cancel-bots, corrupted files, spyware or any other similar
software or programs that may damage the operation of another’s computer or
property of another; (e) delete any author attributions, legal notices or
proprietary designations or labels that you upload to any communication feature;
(f) use the Service’s communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting, use of all
caps, or flooding continuous posting of repetitive text); (g) upload or transmit any
unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” “phishing” or any other form of solicitation,
commercial or otherwise; (h) violate any applicable local, state, national or
international law; (i) upload or transmit any material that infringes any patent,
trademark, service mark, trade secret, copyright or other proprietary rights of any
party; (j) delete or revise any material posted by any other person or entity; (k)
manipulate or otherwise display the Service by using framing, mirroring or similar
navigational technology; (l) probe, scan, test the vulnerability of or breach the
authentication measures of, the Service or any related networks or systems; (m)
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or
attempt to unsubscribe, any party for any services or any contests, promotions or
sweepstakes if you are not expressly authorized by such party to do so; (n)
harvest or otherwise collect information about others, including email addresses;
(o) use any robot, spider, scraper, or other automated or manual means to access
the Service, or copy, download, distribute or reproduce any content or
information on the Service; or (p) assist or permit any person in engaging in any of
these activities.
IV Ocean Therapy reserves the right to take whatever lawful actions it may deem
appropriate in response to actual or suspected violations of the foregoing,
including, without limitation, the suspension or termination of a User’s access
and/or account. IV Ocean Therapy may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, IV
Ocean Therapy reserves the right at all times to disclose any information as IV
Ocean Therapy deems 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 IV Ocean Therapy’s sole
discretion.
- Termination
IV Ocean Therapy may terminate your use of the Service or any of our features or
services at any time and for any reason without notice, including, for example, for
conduct violating this Agreement. The provisions of this Agreement concerning Service security,
prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability,
arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such
termination or any other termination of this Agreement or your relationship with
IV Ocean Therapy. You agree that if your use of the Service is terminated pursuant
to this Agreement, you will not attempt to use the Service under any name, real
or assumed, and further agree that if you violate this restriction after being
terminated, you will indemnify and hold all Medical Parties harmless from any and
all liability that any such Medical Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law
(including any obligation to provide access to health records), we have no
obligation, whether before or after the termination of your use of the Service, to
return or otherwise provide to you or any third party on your behalf any content,
any information you provide to us, any information your Providers provided to us
about or relating to you, or any other information that we may have that relates
to you.
- Disclaimers
Content and other information contained on the Service is provided IV Ocean
Therapy as a convenience. Users relying on content or other information from the
Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS
TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. IV
OCEAN THERAPY TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE
WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION,
CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON
OR THROUGH THE SERVICE OR THE PLATFORM.
IV OCEAN THERAPY DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS,
DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES,
MALWARE, OR ANY ADVERSE INCIDENT.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IV
OCEAN THERAPY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES,
EMOTIONAL DISTRESS, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING
FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND
CONTENT MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT IV OCEAN THERAPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IV OCEAN THERAPY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES
INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.00.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR
CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT
GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF
ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR
DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY
IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF
SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM
PERMITTED UNDER APPLICABLE LAW.
- Notices
Any notices to you from IV Ocean Therapy regarding the Service or this
Agreement may be made by email, a posted notice on the Service, or regular mail,
in the sole discretion of Island Medical Group.
- Changes to Terms of Service and Services
The Services are continually under development, and IV Ocean Therapy reserves
the right to review or remove any part of these Terms of Service in its sole
discretion at any time and without prior notice to you. You should check the
Terms of Service from time to time when you use the Services to determine if any
changes have been made. Any changes to these Terms of Service are effective
upon posting to the Services, unless applicable law requires us to provide
additional notice or take other actions before such changes can become effective.
If you disagree with these Terms of Service, your sole and exclusive remedy is to
discontinue your use of the Services. Your continued use after a change has been
posted constitutes your acceptance of the changes.
- Electronic Communications
When you access or use the Service or send emails or SMS messages to us,
its Providers, you are communicating with us, Island Medical
Group and its Providers electronically. You consent to receive communications
from us, Island Medical Group and its Providers electronically. We will communicate
with you via email, SMS messaging or through the Service. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing. You further agree that any notices provided by us electronically are
deemed to be given and received on the date we transmit any such electronic
communication as described in this Agreement.
- Entire Agreement
This Agreement and any other agreements IV Ocean Therapy may post on the
Service or that you and IV Ocean Therapy may execute from to time constitute the
entire agreement between IV Ocean Therapy and you in connection with your use
of the Service and supersede any prior agreements between IV Ocean Therapy
and you regarding use of the Service, including prior versions of this Agreement.
- Binding Arbitration / Class Waiver
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER
CONTROVERSY BETWEEN YOU AND US OR ANY OF THE IV OCEAN THERAPY
PARTIES, ANY MEDICAL GROUP, PROVIDERS, LABS, OR PHARMACIES ARISING OUT
OF OR OTHERWISE RELATING IN ANY WAY TO THE IV OCEAN THERAPY PARTIES,
THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES
OR ADVERTISING BY IV OCEAN THERAPY OR ANY OF THE IV OCEAN THERAPY
PARTIES, LABS, PHARMACIES, MEDICAL GROUP, OR PROVIDERS, INCLUDING
CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY
OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE
RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE
COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION
WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE
ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR
CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU
ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR
RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE
OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, and court review of an arbitration award is
very limited. However, an arbitrator can award the same damages and relief on an
individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless
you are able to show that your portion will be prohibitive as compared to
litigation costs, in which case the applicable IV Ocean Therapy will pay as much
of your arbitration costs as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive as compared to litigation costs. IV Ocean
Therapy also reserves the right in its sole and exclusive discretion to assume
responsibility for all arbitration costs imposed by the AAA. Each party agrees to
pay its own attorneys’ fees and expenses unless there is a governing statutory
provision that requires the prevailing party to be paid attorneys’ fees and
expenses. Notwithstanding the foregoing sentence, the IV Ocean Therapy Parties
will not seek to recover attorneys’ fees or costs incurred in arbitration from you if
you are a consumer.
For more information on AAA, its Rules and Procedures, and how to file an
arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website
at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises
from: (a) a violation of either party’s intellectual property rights in any manner;
and/or (b) any claim related to, or arising from, allegations of theft, piracy,
unauthorized use or a violation of the Computer Fraud and Abuse Act; then you
and the applicable IV Ocean Therapy Party agree that a party may seek injunctive
remedies (or an equivalent type of urgent legal relief) in a state or federal court in
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR
REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO
ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL,
IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR
USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH
ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a
decision is issued stating that applicable law precludes enforcement of any of this
paragraph’s limitations as to a particular claim or request for relief, then such
claim or request for relief (and only that claim or request for relief) shall be
severed from the arbitration and may be brought exclusively in the state or
federal courts located in Hawaii, Oahu, subject to the parties’ respective
rights to appeal the decision. All other claims or requests for relief shall be
arbitrated. The parties agree that any claims or requests for relief that are
severed from an arbitration may not proceed in litigation and shall be stayed until
all claims between the parties remaining in arbitration are finally resolved. The
parties agree to submit to the personal jurisdiction of the federal and state courts
located in Hawaii, Oahu for purposes of resolving any claims or requests
for relief severed from arbitration pursuant to this paragraph.
Before you commence arbitration of a Dispute, you must provide us with a
written Notice of Dispute that includes your name, residence address, username
(if applicable) and email address associated with your User account (if applicable),
a detailed description of the Dispute, and the relief you seek. Before we
commence arbitration of a Dispute against you, we will provide a written Notice
of Dispute to you with a detailed description of the Dispute and the relief we
seek. Any Notice of Dispute you send to us should be mailed to Island Medical Group LLC, 91-
1121 Keaunui Drive, Ste 108 PMB 303 Ewa Beach, HI 96706, ATTN: Dispute Notice. If
we are unable to resolve a Dispute within 30 days after the applicable Notice of
Dispute is received, either party may commence arbitration. Notwithstanding
anything to the contrary in this Agreement, if we make any future material
modification to any provisions of this Agreement that govern the arbitration or
resolution of Disputes, such changes will not apply to any Dispute between you
and us for which either party had previously provided a written Notice of Dispute
to the other in accordance with this paragraph.
- Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by IV Ocean Therapy.
The validity, interpretation, construction and performance of this Agreement will
be governed by the Federal Arbitration Act and the laws of the State of Hawaii.
All parts of this Agreement apply to the maximum extent permitted by law. Our
failure to enforce any provision of this Agreement will not constitute a waiver of
such right. We both agree that if we cannot enforce a part of this Agreement as
written, then that part will be replaced with terms that most closely match the
intent of the unenforceable part to the extent permitted by law. Except as
otherwise provided in this Agreement, the invalidity of part of this Agreement will
not affect the validity and enforceability of the remaining provisions. The section
headings are for convenience and do not have any force or effect.
- Contacting Us
If you have any questions or concerns about this Agreement, please contact us
through our contact form. We will attempt to respond to your questions or
concerns promptly after we receive them.