Terms of Use

These terms of service (“Terms”) govern your access to and use of Activate Hydration P.C.’s (“Activate Hydration,” “our,” “we”) services, including booking services online, in person and over the phone

By using the services of Activate Hydration, you acknowledge that you have read, accepted, and agreed to be bound by these Terms and are consenting to IV therapy treatment.

Acceptance of Terms

These Terms constitute an electronic contract that explains the legally binding terms of your use of our services. By using our services, our accept and agree to these Terms and all conditions or notices contained or referenced within. You acknowledge that we may modify these Terms at any time, at our sole discretion and that any modifications made will be effective immediately. Your continued use of our services shall indicate your acceptance of any modifications made to these Terms. Additionally, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter our services, including as between different users, whether temporarily or permanently.

By using our services, you also agree that we may send you various communications by email. After submitting a booking form, you may receive occasional newsletters and offers from us via email. We will not sell or distribute your email address to any third party at any time. You can unsubscribe from these emails at any time. You agree to notify us promptly if your email address changes. This consent covers all actions you conduct through our services. Should you decide that you do not wish to receive communications by email, please contact us at info@activatebend.com. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of our services.

We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor our provided services to the extent permitted by law, including your communications and activities via our services, including without limitation, information provided by you and information about your geolocation.

User Account

[Is this how you plan to conduct business and have people sign up for your services? If so, we should add a provision regarding the user’s consent for your company to maintain personalized information which is related to the service you’ll be providing. Also, will need to include language stating that you will not be liable for the user’s failure to maintain the confidentiality of their account information, and ensures they state that they won’t allow others to access your services through their personal account].

General Use of the Service

Limited License

Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to: (1) access and use our services on a device that you own or control solely in connection with your use of our services; and (2) access and use any content information and related materials that may be made available to you through the provided services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Activate Hydration, and its licensors.

Prohibited Uses

Any commercial or promotional use, distribution, reproduction, or other exploitation of our services, or any content, code, data, or materials on our website, is strictly prohibited unless you have received prior express written permission from Activate Hydration. Other than as expressly allowed in these Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials, on or available through our provided services. Further, you agree that you may not alter, edit, delete, remove, change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through our services, including, but not limited to, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary notices. If you do make other use of our services, or the content, code, data or materials thereof, you may violate copyright and other laws of the United States and the State of Oregon, respectively, and may be subject to liability for such unauthorized use.

You shall not: (1) engage in spidering, “screen scraping,” “database scraping,” harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through our services, including without limitation any information residing on any server or database connected to our services; (2) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (3) use our services in any manner with the intent to interrupt, disable, overburden, damage or otherwise impair said service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (4) use our services in violation of our or any third party’s intellectual property or other legal rights; (5) insert you own or a third party’s advertising, branding, or other promotional content into any of our service’s content or materials; or (6) use our services in violation of any laws of the United States or the State of Oregon. You further agree that you shall not attempt, or encourage others to attempt or support other’s attempts, to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any aspect of our services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not sue Activate Hydration in any manner that could damage, disable, overburden, or impair the services we provide to others, or interfere with any other party’s use and enjoyment of our services.

Proprietary Rights

The services we provide are the proprietary property of Activate Hydration, Inc., and they are protected by United States copyright, trademark, and other intellectual property laws. Your use of our services does not grant you ownership of any content, codes, data or materials you may access through your use of our services.

Medical Disclaimer

Activate Hydration, Inc.’s services are designed to enable you to request and book certain intravenous hydration services to be provided by a licensed medical professional. We will only schedule your requested services and bill you on behalf of the licensed medical professional. A licensed healthcare professional, who has contracted with Activate Hydration, will perform the requested healthcare services for you. The health care professional with whom you establish a treatment relationship is solely responsible for providing you with medical services, there is no “patient and provider” relationship.

You are encouraged to consult with your own health care provider prior to using any of Activate Hydration’s services, or if you have any questions relating to the services we provide. Individual results from our services may vary from person to person; and the unique risks and benefits must be understood by someone prior to them seeking to use our services. Any statement made on our website is not a guarantee of treatment results, benefits, and/or levels of risk.

These Terms apply to our services. We may also present to you through your use of our services, any terms specific to the use of a particular service (“Service-Specific Terms”). Any Service-Specific Term is incorporated into these Terms by reference. To the extent that these Terms conflict with Service-Specific Terms, the Service-Specific Terms will control.

Our services are only available to individuals who are at least 18 years of age and healthy. If you are not healthy and are not 18 years of age, please refrain from using or attempting to use our services.

WE ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE AND ARE NOT A HEALTHCARE PROVIDER. ANY STATEMENTS MADE IN THIS OR ANY OTHER AGREEMENT OR ON OUR WEBSITE HAVE NOT BEEN EVALUATED OR APPROVED BY THE FDA. OUR PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE CONTENTS OF OUR WEBSITE ARE NOT TO BE RELIED ON FOR MEDICAL, TREATMENT OR DIAGNOSTIC PURPOSES, AND ARE FOR INFORMATIONAL PURPOSES ONLY.

INFORMATION PRESENTED ON OUR WEBSITE DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP AND IS NOT INTENDED AS PATIENT EDUCATION. OUR SERVICES AND INFORMATION PRESENTED ON OUR WEBSITE SHOULD IN NO WAY BE USED AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT. ACTIVATE HYDRATION RESERVES THE RIGHT TO REFUSE OUR SERVICES TO ANY PERSON, FOR ANY REASON; AND HAS NO OBLIGATION TO OFFER OUR SERVICES TO ANY PERSON WHO SEEKS OUR SERVICES.

Payments

By booking an appointment for our services, you agree to pay Activate Hydration the fee indicated for the booked service. Payments will be charged at the time of scheduling or at the time of service.

Cancellations

You agree to provide 24-hour advanced notice for any cancellation of booked services. You will be charged the full amount of the booked service should you not provide at least 24-hour advanced notice of cancellation. If you book your service less than 24-hours in advance, you may not cancel. Any group appointments (two or more parties) follow the same parameters as single appointments and will be charged for all people booked unless you provide 24-hour advance notice for any cancellations. Missed appointments are non-refundable.

Refunds and Credits

If the medical professional is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.

If the medical professional is unable to perform the booked service due to (A) your current or previous medical history, condition, or reason, or (B) due to circumstances outside of the medical professional’s control after the insertion of the I.V. needle, you will receive a credit or refund for the full amount of the booked services.

Authorization to Charge

By using our booking services, you hereby agree that Activate Hydration has the right and authorize Activate Hydration to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes.

Misrepresentations

If, while booking services, you misrepresent yourself in any manner, including but not limited to, misrepresenting your age or medical history, Activate Hydration reserves the right to cancel your booked service without notice and charge you the full amount. If, at the time of your booked service, you are under the influence of drugs or alcohol, Activate Hydration will not perform the service and you will be charged the full amount for the service booked.

Indemnification

You agree to release, indemnify, defend and hold harmless Activate Hydration, and its affiliates and other shareholders, officers, directors, employees, agents, and advisors, from an against any and all losses, liabilities, claims (including claims brought in bad faith), demands damages, costs or expenses and liens, including reasonable legal fees and costs (whether brought by a third party or otherwise) (collectively to be referred to as “Claims”) due to or arising in any way from your use of our services, your placement or transmission of any message, any content, or other information or materials attained through our services, or your breach or violation of any applicable law or of these Terms. Activate Hydration, Inc., reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section.

DISCLAIMER OF WARRANTIES

WE PROVIDE OUR SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF OREGON, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH THE COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITOINS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

THIRD PARTY WEBSITES OR SERVICES

Our website or app may contain links to, or advertisements and content from, other websites, including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such sites or third-party advertisements on our website does not imply our endorsement or recommendation and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third-party sites and advertisements is done at your own risk.

LIMITATION OF LIABILITY

Exclusion of Certain Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO OUR SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF OREGON, ACTIVATE HYDRATION, OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF OUR SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS ON ITS ESSENTIAL PURPOSE.

Limitation of Liability

BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY VOLUNTARY. TO THE EXTENT PERMITTED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF OREGON, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL ON THEIR ESSENTIAL PURPOSE.

TERM AND TERMINATION

These Terms remain in full force and effect until they are terminated pursuant to the terms herein. However, either party may terminate these Terms at any time without notice. Upon termination or expiration, Activate Hydration will stop providing our services to you.

INFORMATION

We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via our services. We do not authorize the use of information available via our services for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purpose.

AVAILABILITY

Our goal is to provide a product with outstanding uptime and reliability. Planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to our services being unavailable. Although we strive to operate without interruption, we do not guarantee that our services will always be made available.

INFORMATION SECURITY

We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing our services or the contents thereof. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.

ELECTRONIC COMMUNICATIONS

The nature of our services provides communications by us and by electronic means (like email, text and use of mobile device apps) if communications are not provided by phone. For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that the information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.

REMEDIES FOR BREACH

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for our website or apps, we reserve the right to: (i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.

If your ability to access our services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access our services and/or any other product, content, or service provided by us, through use of a different name or otherwise.

The remedies contained in the Terms are not the exclusive remedies for your breach; but will be in addition to all other remedies available to us by law or in equity.

OTHER TERMS

17.1 Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. Activate Hydration may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

17.2 Entire Agreement. These Terms constitute the complete and entire agreement between you and Activate Hydration concerning its subject matter and supersedes all prior agreements and representations between the parties.

17.3 Interpretation. The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

17.4 No Waiver. A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

17.5 Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Consent to Treat

CONSENT TO TREAT AND FINANCIAL RESPONSIBILITY GUARANTEE

CONSENT TO MEDICAL CARE:

I hereby authorize the health care providers of Activate Hydration and their staff, to perform any medical diagnostic procedures and medical care which in their professional judgment is deemed necessary to diagnose and/or treat the conditions that have brought about my seeking medical care services from Activate Hydration. I acknowledge that no guarantees are made to me concerning the outcomes of the treatment rendered by the health care providers of Activate Hydration.

I understand that the services that Activate Hydration provides include IV therapy. I agree that the Activate Hydration has communicated to me the risks and benefits associated with each treatment I am agreeing to undertake, and I have had an opportunity to ask the practitioner any questions I have on the risk associated with the treatment I am undertaking. Knowing each of those risks, I am agreeing to be proceed with services from the Activate Hydration.

I consent to receiving a medical screening via telehealth/telemedicine methods and understand that there are certain risks associated with receiving care through telehealth/telemedicine methods. Furthermore, I have made the medical staff aware of all my known health conditions, allergies and medications I am taking.

I acknowledge the rendering of care by the staff of Activate Hydration, including the medical doctor, nurse practitioner, physician assistant, nurse or other staff person. Care may include, but is not limited to, obtaining a medical history, performing a physical examination or telemedicine examination, and providing treatment as needed.

I understand that I am assuming the risk of exposure to COVID-19 (or other public health risk) by having these services provided. Moreover, by inviting the providers at Activate Hydration into my home or workplace, I understand that there may be an increase in risk to exposure to other individuals who I am in contact with. I agree to inform the Activate Hydration if either myself or anyone I live with or anyone I have been in contact with displays any symptoms consistent with the coronavirus.

I understand that Activate Hydration may create a customized therapy to meet my needs. I understand that such custom therapies may not be reviewed or approved by the Food and Drug Administration or any other entity for safety, quality, or effectiveness. I knowingly and voluntarily consent to such therapies regardless of whether or not they are approved by the FDA or any other entity for safety, quality, or effectiveness.

FINANCIAL AGREEMENT AND GUARANTEE:

I accept full and complete financial responsibility for all medical services rendered to me and agree to pay for the services in full within 7 days of receiving treatment. I further acknowledge, understand and agree that in the event that I fail to make such payments in accordance with the payment policies of Activate Hydration, or in the event of default of my financial obligation to pay for services rendered, Activate Hydration may terminate the “doctor-patient” relationship with me. Furthermore, in the event of my default of my financial obligation, should my account be turned over to an external collection agency for non-payment, I agree to pay any associated collection costs. I understand that the terms herein are contractual and not a mere recital; and that I agree to this document as my own free act and void of any coercion. The permissions granted herein shall begin on the date of acceptance and shall remain effective until terminated by the undersigned. By agreeing to this document, I verify that I have read all of the information contained in this Medical Consent Form and that I have asked questions about anything I have not understood up to this point.