Acceptance of Terms
PLEASE READ THE FOLLOWING USER AGREEMENT VERY CAREFULLY AS IT DESCRIBES THE TERMS AND CONDITIONS UPON WHICH TEMPLE IV DRIP HEALTH AND WELLNESS CLINIC LLC OFFERS ACCESS TO AND USE OF ITS WEBSITE, SERVICES AND MOBILE SMARTPHONE APPLICATION. IT IS THE RESPONSIBILITY OF YOU – THE INDIVIDUAL, OR ANY OTHER LEGAL ENTITY YOU MAY REPRESENT – TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO UTILIZE THIS SITE. BY CONTINUING TO ACCESS THIS SITE, AND THROUGH ANY USE OF ANY OF THE SERVICES OF TEMPLE IV DRIP, YOU AGREE TO BE BOUND TO THE FOLLOWING TERMS AND CONDITIONS.
By using the Temple IV Drip Health and Wellness Clinic LLC (“Temple IV Drip”) services provided through www.templeivdrip.com website (the “Site”) you agree to follow and be bound by these terms (“Terms of Service”) and agree to comply with all applicable laws and regulations. In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Temple IV Drip and “Services” refers to all services and products provided by us through our website whether or not it is being named as such. It is your responsibility to review these Terms of Service periodically as we may update them from time to time without notice to you. If you have any questions about these Terms of Service, please contact us. Should you object to any of these Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site or Temple IV Drip in any way you should immediately discontinue use of the Site. These Terms of Service will remain in full force and effect as long as you are a user of the Site and in the event of termination of any feature, service or membership, you will still be bound by your obligations under these Terms of Service, including any warranties, indemnifications and limitations of liability.
BY USING THE SITE AND AGREEING TO THESE TERMS, YOU HEREBY CONFIRM THAT YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
You agree that Temple IV Drip is permitted to access and use any other information provided by the Customer and invited users to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services provided to you by Temple IV Drip.
These Terms of Service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Pricing and Fees
The quoted prices represent the fees which are payable to Temple IV Drip for the services and therapy that you receive.
Disclaimer Regarding Services
Temple IV Drip provides examination and treatment with IV therapies of vitamins, micronutrients, supplements, chelation, detoxification, injections, lab testing, nutrition, placement of an IV catheter and related health services (collectively, the “Therapy”). By reviewing these terms, you understand that the FDA has not evaluated or approved nutritional, or herbal treatments such as the therapies, services and products provided on Temple IV Drip’s website.
The contents of the Temple IV Drip website, such as text, graphics, images, and other material contained on the Temple IV Drip website (“Content”) are for informational purposes only and does not constitute medical advice. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The information, services and products should not replace any medical advice you have previously received or may receive in the future. You agree and acknowledge that you have been advised to consult your health care provider before considering any of these services or Therapy.
The services and content listed on the website are only opinions and have not been evaluated, recommended or endorsed by the FDA or any other government organization.
Access to the Services
Temple IV Drip grants you a revocable, non-transferable, nonexclusive, limited license to access the Site for your Company’s and invited users’ own use of the Services only, and not to download or modify it or any portion thereof (other than as expressly permitted by Temple IV Drip.) Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the applications in any manner, except for the authorized use in utilizing the Services. By entering information, you agree that the Violation of these Terms of Service, including without limitation use or modification of Materials on the Site for any purpose other than those permitted in these Terms of Service, shall result in the automatic termination, without notice to you, of your license to utilize the Services and access the Site, and also may constitute the infringement of Temple IV Drip’s trademark, copyright and/or other rights. You shall not attempt to access any other of Temple IV Drip’s programs, systems or data that are not made available for public use. Except as expressly stated in these Terms of Service, you are not granted any right or license, by estoppel, implication, or otherwise, in or to any trademark, patent, copyright, or proprietary right of Temple IV Drip or any third party, in connection with your use of the Site and any Materials provided by Temple IV Drip or any third party on the Site. Elements of the Site, including custom graphics, logos, page headers, sounds, images, the “look and feel” of the Site (including its layout, design, button shapes, color combinations and other graphical elements) and button icons, are protected by copyright, trade dress and other state and federal laws and may not be imitated or copied, in whole or in part.
Limitations on Services
You acknowledge that Temple IV Drip is not responsible for any denial or rejection of your comments, feedbacks or notes pursuant to the Customer Company’s polices. You acknowledge that Temple IV Drip reserves the right at any time to modify the Services (or any part thereof). You acknowledge that any of the foregoing Limitations on Services will not be cause for a refund for Services and that Temple IV Drip shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
This Site and Applications are owned and operated by Temple IV Drip. All rights, titles and interests in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Temple IV Drip or by our respective third-party authors, developers or vendors. Except as otherwise expressly provided by Temple IV Drip, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Temple IV Drip intellectual property rights, whether by estoppel, implication or otherwise. Temple IV Drip does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Temple IV Drip. Any rights not expressly granted herein are reserved by Temple IV Drip.
Links to Third Party Sites
This Site and Applications may contain links to websites controlled by parties other than Temple IV Drip (each a “Third Party Site”) which are completely independent of this Site and are provided to you only as a convenience. Temple IV Drip works with a number of partners and affiliates whose sites may be linked with Temple IV Drip’s Site. Temple IV Drip may also provide links to other citations or resources with whom it is not affiliated. Temple IV Drip is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Temple IV Drip makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any information, content, advertising, data, services, products, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that Temple IV Drip is not responsible for any damage or loss of any sort you may incur from dealing with such third-party website(s). Temple IV Drip is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IV Temple IV Drip of the Third Party Site, nor does it imply that Temple IV Drip sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Privacy and Information Disclosure
Compliance with Intellectual Property Laws
When accessing Temple IV Drip‘s website or using Temple IV Drip’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted.
Limitations of Liability and Damages
IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF TEMPLE IV DRIP, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS, IT WILL BE LIMITED TO THE AMOUNT PAID TO TEMPLE IV DRIP FOR SERVICES, EXCEPT AS PROVIDED IN AND PURSUANT TO THE ARBITRATION AGREEMENT, BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF TEMPLE IV DRIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT TEMPLE IV DRIP HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE SITE AND THE SERVICES, AND/OR ANY CONTENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN, AND THAT THOSE PROVISIONS FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH TEMPLE IV DRIP HAS PROVIDED TO YOU ACCESS TO OR USE OF THE SITE AND THE SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold Temple IV Drip, its affiliates, subsidiaries, affiliates, officers, successors, assigns, directors, agents, attorneys, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Services and/or the Site, your violation of the Terms of Service, or your breach of any of the representations and warranties herein.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Office at 254-624-2735. In the unlikely event that the Temple IV Drip is unable to resolve your complaint to your satisfaction (or if Temple IV Drip has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class actions are not permitted
You may speak with independent counsel before using this Site or completing any purchase.
Any dispute or claim arising out of or in collection with, this agreement shall be finally settled by binding arbitration in Texas, or any other established alternative dispute resolution provider mutually agreed upon by the parties. If the parties cannot agree, the dispute or claim shall be heard in accordance with the then-current rules and procedures of the American Arbitration Association, by one (1) arbitrator who shall by appointed by the American Arbitration Association. The arbitrator shall apply the law of the state of Texas, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that in no event shall any claim, action or proceeding by you related in any way to the Temple IV Drip and/or the services be instituted more than three (3) years after the cause of action arose.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of
Dispute (“Notice”) to the other party. A Notice to Temple IV Drip should be addressed to:
Notice of Dispute
TEMPLE IV DRIP HEALTH AND WELLNESS CLINIC, LLC
1005 Marlandwood Rd, Ste 116
Temple, TX 76502
The Notice must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought (“Demand”). If Temple IV Drip and you do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or Temple IV Drip may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Temple IV Drip or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Temple IV Drip is entitled.
Some Temple IV Drip Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Service and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Service will control.
Reviews, Comments, Communications, and Other Content
At various locations on the Site or through Applications, Temple IV Drip may permit visitors, customers and users to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Service. Temple IV Drip is not the publisher or author of the User Content. Temple IV Drip takes no responsibility and assumes no liability for any content posted by you or any third party. Although we cannot make an absolute guarantee of system security, Temple IV Drip takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us.
By submitting your email address in connection with your rating and review, you agree that Temple IV Drip may use your email address to contact you about the status of your review and other administrative purposes.
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TEMPLE IV DRIP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TEMPLE IV DRIP MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TEMPLE IV DRIP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Except as may be required in connection with your use of Temple IV Drip’s Services, Temple IV Drip does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Temple IV Drip through or in association with this Site shall be considered non-confidential and Temple IV Drip’s property. By providing such submissions to Temple IV Drip you hereby assign to Temple IV Drip, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Temple IV Drip shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
Compliance with Export Restrictions
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Minors are not eligible to use the Site or Applications or Services and we ask that they do not submit any personal information to us.
Governing Law and Venue
www.templeivdrip.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Temple IV Drip. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
BY USING TEMPLE IV DRIP’S SERVICES OR ACCESSING THE SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO TEMPLE IV DRIP VIA THE SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO TEMPLE IV DRIP, AND THAT TEMPLE IV DRIP MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS.
Right to Refuse
You acknowledge that Temple IV Drip reserves the right to refuse service to anyone and to cancel user access at any time.
Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Site. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site, and you agree not to attempt to use the Site and Services after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our property, rights, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, may choose to cooperate with any law enforcement request for documents or information, any administrative, criminal or civil subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Site, and any content or information that you transmit to other users or third party advertisers on the Site.
Technical Support Issues
If you encounter a technical problem you may encounter in attempting to use our Services, Temple IV Drip’s customer service representatives may be able to assist you with your problem.
If you contact Temple IV Drip’s customer service representatives and request that a customer service representative try to resolve your technical problem, you acknowledge and accept that Temple IV Drip is not liable for any technical problems that may persist or arise with your computer after doing so.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms of Service constitute the entire agreement between you and Temple IV Drip and govern your use of the Site and the Services, superseding any prior agreements between you and Temple IV Drip. These Terms of Service do not limit any rights that Temple IV Drip may have under copyright, patent, trade secret, or other laws. The failure of Temple IV Drip to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The employees of Temple IV Drip are not authorized to make modifications to the Terms of Service, or to make any additional commitments, representations or warranties binding on Temple IV Drip, except in a writing signed by an authorized officer of Temple IV Drip. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any cause of action or claim arising out of or related to the use of the Site, the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms of Service shall not be construed against the drafting party, i.e., Temple IV Drip.
You warrant, represent and agree that, by accessing and/or using of the Site, its Content and/or the Services, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms of Service, (ii) are consenting to these Terms of Service of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, (iii) have carefully read and considered these Terms of Service and fully understand their contents and the significance of their contents, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms of Service.
Further, unless both you and Temple IV Drip agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In addition, in the event of a breach of these Terms of Service by you, Temple IV Drip will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies.
BY USING TEMPLE IV DRIP’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Temple IV Drip collects personal information from you when you place an order either on our website or through our office. The information collected will likely include your name, e-mail address, credit card or payment information, billing and mailing addresses, and phone numbers. Such information is necessary to conclude the transaction and we utilize the highest level of security in protecting your information. The Temple IV Drip website is secure; further the information collected is stored on a secure server. Personal information collected is that which is provided by you, the user, through the website portal or through our customer service department.
The information collected is used to provide you with the best customer service we possibly can and to fulfill your order request. Further, we utilize your information to make your experience more personal, to improve our customer service, to process orders, and to communicate with you regarding orders, new products, and services.
Temple IV Drip will not share, sell, or rent your name or personal information (including email address) to any third party in ways other than those disclosed in this privacy statement. Personal identifying and confidential information will only be shared with third party agents if they have been contracted to act on Temple IV Drip’s behalf, or to carry out a specific function.
Temple IV Drip greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Temple IV Drip products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
If at any time you need to correct or update your information which has been collected by us please contact us at (254) 624-2735. Please note that upon such contact, our representatives may require you to validate identifying information provided by you during your initial registration process. This is done in an effort to maintain and provide you with the highest security.
This website in its entirety is governed by our Terms & Conditions, which are located above and incorporated by reference.
ADDITIONAL INFORMATION, QUESTIONS, COMMENTS OR CONCERNS
For additional information, general questions, comments or concerns, please contact Temple IV Drip either via telephone at (254) 624-2735 or in writing at 1005 Marlandwood Rd., St 116, Temple, TX, 76502 or by email at firstname.lastname@example.org