HydraMed IV, LLC and HydraMed RX Terms of Service and Health Information Consent
Acceptance of Terms By engaging with HydraMed IV, LLC, herein referred to as "HydraMed," which includes our doing business as (DBA), HydraMed RX. By accessing and using our website, mobile application, or any associated services, including our Appointment Booking Service (collectively, the "Service"), you, the service recipient, agree to be legally bound by these Terms and Conditions ("Agreement"). This Agreement governs your access to and use of the Service, encompassing internet-based services, features, content, and functionality.
By engaging with HydraMed through any of our platforms, you acknowledge that you have read, understood, and agreed to these Terms. Each booking or use of the Service confirms your ongoing acceptance of the updated Terms and any changes therein. This Agreement is legally binding and must be accepted before any services are provided. You are referred to herein as the "Client."
You also consent to receive communications from us via email or through postings on our website and mobile application. It is your responsibility to inform us at hello@hydramed.com if there are any changes to your email address. If you decide that you do not wish to receive communications by email, you can inform us at the same email address, and we will process your request in a reasonable timeframe. Please note, however, that withdrawing your consent to receive communications electronically may affect your use of our services, including potential termination of service access.
HydraMed reserves the right to monitor the use of our services to the extent permitted by law. This includes, but is not limited to, monitoring your communications and activities related to our services, and collecting information regarding your use of our services and your geolocation.
By using any part of our Service, you signify your agreement to all terms, conditions, and notices contained or referenced in this Agreement. Should you not agree to these Terms, you must not use our services.
Service Terms and Payment Responsibilities
Insurance and Payment: The Client acknowledges that HydraMed does not receive payment or reimbursement from managed care plans, Medicare, Medicaid, or any third-party payor, including health insurance, for its services, which include hangover management programs, supplements, vitamins, or pharmaceuticals. The Client will be billed directly and is solely responsible for payment, irrespective of potential reimbursement from any third-party payer.
IV Therapy Refund Policy: Unless specifically stated in a separate return or refund policy provided to you through our services, you acknowledge and accept that due to the unique nature of the IV therapy products and services offered, any fees and other charges related to the services are non-refundable, either in whole or in part. You are solely responsible for all charges incurred in your account, including any that result from unauthorized use.
HydraMed RX Refund Policy: Detailed within this Agreement, including conditions under which refunds are permitted, such as cancellations before and after the manufacturing process has begun, and the non-refundable nature of dispatched products.
Product Availability and Sales Policy: All products offered by HydraMed are available while supplies last, and we reserve the right to impose quantity limits on any order, or to refuse or cancel orders at our discretion, without prior notice. In the event of any pricing or listing errors, we reserve the right to correct such errors by modifying your order accordingly, which may involve adjusting the price or canceling the order and issuing a refund.
Prices for our products are subject to change without notice. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees ("Taxes") associated with your purchase of products or services from HydraMed. We will collect and report Taxes as required where we conduct business. An estimate of such Taxes will be provided at checkout. However, the actual Taxes charged may vary based on changes in tax rates or discrepancies with tax processing.
We are not obligated to collect Taxes in every state or jurisdiction. You may be required to self-report and pay Taxes in locales where we do not collect them.
Informed Consent and Disclaimer Agreement
Non-Diagnostic Services: HydraMed does not diagnose or treat illnesses, diseases, or health conditions. The Client represents and warrants no expectation of such services from HydraMed. Any engagement is predicated on the understanding that HydraMed's personnel will not provide medical care beyond the scope of the wellness and hydration services offered.
The healthcare services booked through HydraMed are performed by independently licensed healthcare professionals. Any medical services provided through our platform are the responsibility of the healthcare professional who administers them. The healthcare professional you connect with is solely responsible for providing you with medical services and advice.
We strongly advise that you consult with your own healthcare provider before using our services to ensure that they are appropriate for your needs. If you have any questions about the healthcare services you are considering booking, please discuss them with your healthcare provider.Risk Acknowledgment: The Client acknowledges risks associated with intravenous (IV) hydration, vitamin/supplement administration, and pharmaceutical services. The Client assumes all risks related to these services, barring gross negligence or willful misconduct by HydraMed.
Detailed Ingredient Understanding and Safety Acknowledgment: By agreeing to this section of the Terms of Service, you, the Client, confirm that you have been thoroughly informed of and understand the exact ingredients and respective dosages included in your treatment. You acknowledge that all information regarding the ingredients and their dosages is available on our website for review. You agree that you have accessed this information prior to treatment and understand their intended effects. Furthermore, you assert that there are no contraindications based on your current health status that you have not disclosed to HydraMed in written form. By proceeding with the treatment, you affirm that it is safe for you to receive the specified ingredients and dosages, having disclosed all relevant health information to ensure the safety and efficacy of your treatment.
Client Representations and Warranties: As a client of HydraMed, you confirm that you are not currently using illegal drugs or controlled substances. You acknowledge that any failure to disclose true and complete health conditions or medication usage may increase risks associated with the treatment provided. HydraMed relies on the accuracy and completeness of the information you provide and bases its service provision on this information. You agree to indemnify and hold HydraMed harmless from any and all claims, damages, or other legal actions arising from inaccuracies in the information you provide.
Disclaimer of Warranties: HydraMed offers its services on an "as is" and "as available" basis, without any warranties, express, implied, or statutory. We expressly disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You assume full responsibility for any risks or damages that may result from the use of our services or from any materials provided through the services.
We do not guarantee that our services will meet your specific requirements, or that they will be uninterrupted, timely, secure, or error-free. Furthermore, HydraMed makes no warranty as to the accuracy, reliability, timeliness, truthfulness, completeness, or quality of any content obtained through our services. You agree that no advice or information, whether oral or written, obtained from HydraMed or through the services, will create any warranty not expressly stated in this agreement.Medical Disclaimer: HydraMed serves as a facilitator to arrange for the provision of intravenous hydration and other wellness services by licensed medical professionals. We coordinate your appointments and handle the billing for these services on behalf of the licensed medical professionals who deliver them. HydraMed does not provide medical care services directly, nor do we engage in the practice of medicine or function as a healthcare provider.
Consent for Use and Disclosure of Protected Health Information (PHI): The Client consents to HydraMed's use and disclosure of PHI for treatment, payment, and healthcare operations (TPO). The Client may review HydraMed's Notice of Privacy Practices prior to signing this consent. This consent includes authorization for HydraMed to communicate via phone, mail, or email for purposes related to TPO. The Client may revoke this consent in writing at any time, with the understanding that revocation does not affect prior reliance on the consent.
Eligibility: Our services are available only to individuals who are at least 18 years of age. If you are not 18 years old, you are not permitted to use HydraMed’s services and should not provide us with any personal information.
HydraMed prides itself on facilitating access to some of the highest quality IV hydration therapy services through our network of licensed medical practices across the country. Each of these practices is an independent entity, professionally licensed as required by local regulations. All clinical and medical decisions are made solely within the purview of the affiliated medical practices and their licensed medical professionals.Included Risks The Agreement explicitly outlines potential risks, including but not limited to injury, infection, and adverse reactions. The Client's acknowledgment of these risks is a prerequisite for participation in HydraMed's programs and services.
Emergency Procedures: In case of an emergency, the Client is advised to call 911 or proceed to the nearest emergency room. HydraMed is not responsible for emergency medical care.
Indemnification: You agree to defend, indemnify, and hold harmless HydraMed and their affiliates, along with their respective shareholders, directors, officers, medical directors, employees, agents, successors, and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of our services, your violation of these Terms, or your conduct in connection with our services. This includes, without limitation, any claims alleging facts that if true would constitute a breach of these Terms by you, any content you provide, any misrepresentation or fraudulent acts conducted by you, and any activity under your account and user ID, including negligent or wrongful conduct.
We will provide notice to you of any such claim, suit, or proceeding. HydraMed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You may not settle any claim without HydraMed's prior written consent. This indemnification obligation will survive the termination or expiration of these Terms and your use of the service.
Other Terms
Electronic Communications: By using our services, you consent to receive communications from HydraMed electronically, including emails, texts, mobile push notices, or notices and messages on this site or through the other HydraMed services, such as our customer support chat feature. 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 acknowledge that electronic communications are inherently insecure due to the nature of the Internet and the possibility of third-party interception or modification. While HydraMed employs industry-standard practices to safeguard the confidentiality of your communications, we cannot assure the absolute security of electronic transmissions. Accordingly, by using our services, you understand and agree that HydraMed will not be liable for any electronic communication that is intercepted, not received, delayed, or accessed by others beyond our control.
Additionally, you agree that HydraMed is not responsible for any losses or damage arising from unauthorized access to or alterations of your transmissions or data, and you will hold HydraMed harmless against any claims, liabilities, or expenses arising from such occurrences.FDA-Non Approval and Evaluation: The services provided have not been evaluated by the FDA. At HydraMed, we believe in honesty and transparency about our mobile IV therapy services and Rx products. Our customer testimonials reflect personal experiences and aren't intended to claim that our products can diagnose, treat, cure, mitigate, or prevent any disease. Our compounded versions of medications, such as Tirzepatide and Semaglutide, are not FDA-approved. The services provided by HydraMed, including our mobile IV therapy and wellness products, have not been evaluated by the FDA. We believe in complete transparency and honesty regarding our offerings and strive to provide the highest quality through our partnered FDA-registered pharmacies. Please note that compounded medications are not FDA-approved and are prepared specifically to meet the unique needs of individual patients. We want to remind you that the information on our website is for informational purposes only and not medical advice. Always consult with your physician before starting any treatment or therapy program.
Proprietary Rights, Intellectual Property, and Restrictions on Use: The services and content provided by HydraMed, including all software, data, text, images, and other materials available through our service, are the exclusive property of HydraMed and/or its licensors. These materials are protected under U.S. and international copyright, trademark, and other intellectual property laws, reflecting the creative efforts and investments of HydraMed and its partners. By engaging with HydraMed, you are granted a limited, revocable, and non-transferable license to access and use our services strictly in accordance with our terms. This license does not confer any title or ownership rights in our services or the content provided. You are expressly prohibited from duplicating, distributing, creating derivative works from, displaying, or commercially exploiting any content, in whole or in part, without HydraMed’s prior written consent. Unauthorized use or any breach of these terms immediately terminates the license granted by HydraMed. HydraMed reserves the right to pursue all legal remedies available, including but not limited to injunctive relief and damages, against any unauthorized use or breach of these terms.
Service-Specific Terms: The use of HydraMed's services may be subject to additional terms specific to particular services offered ("Service-Specific Terms"). These Service-Specific Terms are incorporated into this Agreement by reference. In the event of any conflict between these General Terms and any Service-Specific Terms, the Service-Specific Terms will prevail.
Remedies for Breach: HydraMed reserves the right to take all necessary actions if you breach any terms of this Agreement or demonstrate conduct that is deemed inappropriate for the use of our services. Such actions may include removing your information from our databases, notifying and cooperating with law enforcement authorities as deemed appropriate, suspending your access to our services, or taking any other action deemed necessary by us.
Should we discontinue your access due to a violation of any terms or due to conduct we deem inappropriate, you are prohibited from attempting to access our services again under a different identity or register under a new account. The remedies described here are not exclusive and are in addition to any other remedies we may have at law or in equity.Assignment: You may not assign or transfer any rights, or delegate your obligations under this Agreement, without the prior written consent of HydraMed. Any attempt to do so without our consent will be null and void. HydraMed may freely assign or transfer its rights and obligations under this Agreement without restriction. This Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Entire Agreement: These Terms constitute the entire agreement between you and HydraMed concerning the subject matter herein and supersede all previous agreements or representations between the parties.
Interpretation: The terms "includes," "including," and similar terms are not limiting and should be considered to be followed by the words "without limitation."
No Waiver: The failure of HydraMed to enforce any provisions of these Terms or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Governing Law and Jurisdiction: This Agreement is governed by the laws of the State where HydraMed is headquartered, without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts located in this state for the purpose of litigating all such claims or disputes. This choice of jurisdiction does not prevent HydraMed from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
Arbitration Agreement, Waiver of Certain Rights, and Class Action Waiver
By agreeing to these Terms, you acknowledge that any disputes or claims arising out of or in connection with your use of HydraMed’s services will be resolved through binding, individual arbitration, rather than in court. The arbitration will be conducted in the jurisdiction where HydraMed is headquartered, unless agreed otherwise, and will be governed by the rules of the American Arbitration Association applicable to the disputes.
You waive any rights to participate in class actions, class-wide arbitrations, or any form of consolidated proceedings. The arbitrator may award the same damages and relief as a court and must follow these Terms as a court would. However, you retain the right to seek relief in small claims court for certain eligible disputes or claims within the small claims court’s jurisdiction. For more severe disputes or where an immediate remedy is required, HydraMed reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
If you have any objections to arbitration, you must notify HydraMed in writing within 30 days of your first agreement to these terms or your acceptance of any changes involving arbitration. Failure to notify within the timeframe will constitute acceptance of arbitration as the sole means of resolving disputes or claims.
By accessing any HydraMed webpage, you agree to comply with all terms of service. Unauthorized use or any breach of these terms immediately terminates the license granted by HydraMed. HydraMed reserves the right to pursue all legal remedies available, including but not limited to injunctive relief and damages, against any unauthorized use or breach of these terms.
Changes to the Agreement
We may update these terms and any aspect of the service at any time without prior notice. Your continued use of the service after any changes constitutes your acceptance of the new Terms.
General Acknowledgment
The Client confirms having read and understood this Agreement, acknowledges the risks, and agrees to all terms outlined herein. This Agreement represents a comprehensive understanding of the terms of service between the Client and HydraMed.
Terms of Service and Health Information Consent Conclusion
This Agreement is crafted to ensure a transparent and comprehensive understanding between HydraMed and its clients, encompassing the provision of services, payment responsibilities, risk acknowledgments, indemnification, remedies for breach, and consent for the use and disclosure of protected health information (PHI). By making an appointment, purchasing a product, or otherwise engaging with HydraMed, you acknowledge and agree to abide by these terms. This action constitutes an agreement to the terms and conditions outlined herein, solidifying a commitment to a transparent and secure engagement with HydraMed.