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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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/.

6. 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.

7. 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. 

8. 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.

9. 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.

10. 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.

11. 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).

12. 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 [email protected] 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.