Updated on April 10, 2024
Acceptance of Terms
These Terms create an electronic contract that outlines the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms, including any conditions or notices contained or referenced within. Please note that we may modify these Terms at any time at our sole discretion, and such modifications will be effective upon posting. Your continued use of the Service indicates your acceptance of any modified terms. Furthermore, we may, at our sole discretion and with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Service or any part thereof.
By using the Service, you also agree to receive various communications from us via email. These communications may include occasional newsletters and offers. We do not sell or distribute your email address to third parties. You can unsubscribe from these emails at any time. Please notify us promptly if your email address changes. If you decide not to receive electronic communications, please contact us at [email protected]. Your withdrawal of consent will take effect within a reasonable time after we receive such notice. However, withdrawing consent to receive communications electronically may result in the termination of your use of the Service.
We reserve the right, but are not obligated, to monitor the Service to the extent permitted by law. This may include monitoring your communications and activities on the Service and may involve collecting information about your geolocation.
User Account
To access specific features of the Service, you may need to create a User Account. When creating a User Account, you may be required to provide personalized information. Our information collection and use policies are detailed in our Privacy Policy, which is incorporated into these Terms by reference. It is your responsibility to provide accurate, complete, and up-to-date information for your account. You agree to update this information promptly as needed.
Upon creating a User Account, you are responsible for maintaining the confidentiality of your access credentials (e.g., username and password) and all activities associated with your User Account. You may not permit others to use your access credentials, and you may not use anyone else's access credentials. Unauthorized access to other users' access credentials is prohibited. If your access credentials are lost, stolen, or you suspect unauthorized use, you must notify us immediately. We are not responsible for any loss or damage resulting from unauthorized access to your User Account due to your failure to comply with these terms.
General Use of the Service
Limited License: Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to (i) access and use the Service on a device you own or control solely for your personal use and (ii) access and use any content, information, and related materials made available through the Service for your personal use. All rights not expressly granted herein are reserved by Gaia Functional Medicine and its licensors.
Prohibited Uses: Any commercial or promotional use, distribution, reproduction, or other exploitation of the Service or any content, code, data, or materials on the Site or the App is strictly prohibited without our prior written permission. 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 the Service unless expressly allowed by these Terms. You may not alter, edit, delete, remove, or repurpose any content, code, data, or other materials on the Service, including proprietary content or notices. Any unauthorized use of the Service, its content, or materials may violate copyright and other laws, making you liable for such unauthorized use.
You must not:
● Engage in spidering, screen scraping, database scraping, or harvesting of any information from the Service, including information stored on any server or database connected to the Service.
● Attempt or gain unauthorized access to computer systems, materials, or information through any means.
● Use the Service to intentionally interrupt, damage, disable, overburden, or impair its functionality, such as sending mass unsolicited messages or flooding servers with requests.
● Use the Service in violation of our intellectual property or legal rights or insert your own or third-party advertising or promotional content into any Service content or materials.
● Attempt to circumvent, reverse engineer, decrypt, or interfere with the Service or its content, or make unauthorized use thereof.
Proprietary Rights: The Service is the proprietary property of Gaia Functional Medicine and/or its third-party licensors, protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you ownership of any content, code, data, or materials you access on or through the Service.
Medical Disclaimer
Gaia Functional Medicine's Service enables you to request and book certain intravenous hydration services provided by licensed medical professionals. We schedule your requested services and bill you on behalf of these professionals. We do not provide medical care services and are not a healthcare provider.
The licensed healthcare professionals you establish a treatment relationship with are solely responsible for providing medical services. We encourage you to consult your healthcare provider before using our Service for booking any healthcare service or if you have questions about such services.
These Terms apply to the Service and any Service-Specific Terms that may apply to specific services. The Service is available only to individuals who are at least 18 years old. If you are under 18, please do not use our Service.
Payments
By booking appointments for Gaia Functional Medicine services through the Service, you agree to pay the specified fee for the booked service. Payments will be charged at the time of scheduling or at the time of service.
Cancellation Policies:
For U.S. Providers: A minimum of 24-hour advanced notice of cancellation is required. Failure to provide this notice may result in a late fee. If you book a service less than 24 hours in advance, you may not cancel, and missed appointments are non-refundable.
For International Providers: Cancellation policies may vary based on the time of cancellation. Please refer to the specific cancellation policy provided during the booking process. Refunds and Credits: If a medical professional cannot perform a booked service due to circumstances beyond your control or other reasons unrelated to your medical condition, you may receive a full refund or credit.
Authorization to Charge: By using the Booking Services, you authorize Gaia Functional Medicine to automatically charge your credit card (or other payment methods) for applicable fees or charges, plus any applicable taxes.
Misrepresentations: If you misrepresent yourself during the Booking Service process, including your age or medical history, Gaia Functional Medicine may cancel your booked service without notice and charge you the full amount. If you are under the influence of drugs or alcohol at the time of your booked service, Gaia Functional Medicine will not perform the service, and you will be charged the full amount.
Mobile Devices and Apps
Mobile Device: We may offer mobile apps that allow you to access and use the Service via smartphones or other mobile devices. The Service is licensed, not sold, to you for use under these Terms. You may use the Service only on devices you own or control, and you may not make it available on a network or to multiple devices simultaneously. These Terms apply to any upgrades provided by us unless they come with a separate license, in which case the separate license terms will apply. We do not guarantee that the Service will be compatible with all smartphones or mobile devices.
● Device Providers: If you download the Service from the Apple App Store (for use on Apple devices) or Google Play (for use on Android devices):
● Gaia Functional Medicine, not the Device Providers (Apple or Google), is solely responsible for the Mobile Apps and their content.
● You agree to the Device Providers' terms of use or service and use the Mobile Apps according to their usage rules.
● The Device Providers have no obligation to provide maintenance and support for the Mobile
Apps:
● Gaia Functional Medicine is responsible for addressing any claims, losses, liabilities, or damages related to the Mobile Apps, subject to these Terms.
● You represent that you are not located in a U.S. Government embargoed country or listed on any U.S. Government list of prohibited parties.
Third Parties: You agree to comply with any third-party terms of agreement when using the Mobile Apps. The Device Providers and their subsidiaries are third-party beneficiaries of these Terms, with the right to enforce these Terms against you.
Data Plan: To use a Mobile App, you may need a data plan from your wireless carrier. We are not responsible for data overages or actions taken by your wireless carrier for data usage violations.
Indemnification
You agree to release, indemnify, defend, and hold harmless Gaia Functional Medicine, its parent, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and advisors from and against any and all claims, demands, losses, liabilities, damages, costs, expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens (collectively, "Claims") arising from or related to your use of the Service, placement or transmission of messages, content, or other information, or any breach or violation of the law or these Terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
Third-Party Websites or Services
Our Site or App may contain links to other websites, advertisements, and content from third parties or business partners ("Linked Sites"). We have no responsibility for information, content, products, services, advertising, code, or materials provided by or through Linked Sites. Inclusion of any link or third-party advertisement on our Service does not imply endorsement or recommendation by us. Any reliance on Linked Sites and advertisements is at your own risk.
Disclaimer of Warranties
We provide the Service "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE." We make no representations, warranties, or conditions, express, statutory, or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy,title, non-infringement, and the absence of interruptions or errors. Your use of the Service is at your own risk.
Limitation of Liability
To the maximum extent permitted by applicable law, Gaia Functional Medicine, our directors, advisors, officers, employees, agents, or content or service providers (collectively, the "Protected Entities") shall not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages or loss of use, data, business, revenues, or profits, whether direct or indirect, arising from or related to the Services and these Terms. The aggregate liability of the Protected Entities under these Terms will not exceed the amount paid by you for accessing the Service.
Term and Termination
These Terms remain in effect until terminated by either party. Either party may terminate these Terms at any time without notice. Upon termination, we will cease providing the Service to you.
Information
We do not warrant the accuracy, completeness, or timeliness of information available through the Service. Use of this information for any purpose other than personal use is not authorized.
Availability
While we aim to provide a highly available and reliable product, the Service may be temporarily unavailable due to factors like planned downtime, intellectual property claims, or events beyond our control. Although we strive to minimize disruptions, we cannot guarantee uninterrupted Service.
Information Security
We have implemented reasonable security measures to protect your personal information from unauthorized use and disclosure. However, we cannot guarantee that such measures will prevent unauthorized access to the Service or its contents. We are not responsible for third-party access to or use of your information collected by us.
International Visitors
We operate the Service from the United States and do not represent that the materials on the Service are suitable for use in other locations. If you access the Service from other locations, you are responsible for complying with local laws, where applicable.
Intellectual Property and Copyright Infringement
We respect intellectual property rights. If you believe that any content on the Service infringes your copyright, please follow our Copyright Infringement Policy to report such violations.
Electronic Communications
By using the Service, you consent to receive communications from us electronically. These communications include terms, agreements, notices, disclosures, and other messages required to be in writing. You acknowledge the inherent risks of using the internet for communication, and we cannot guarantee the privacy or protection of electronic communications.
Remedies for Breach
If we determine that you have breached these Terms or engaged in inappropriate conduct on the Service, we reserve the right to take various actions, including removing your name from our notification lists, notifying law enforcement authorities, discontinuing your access to the Service, or any other action deemed appropriate.
Other Terms
Assignment: You may not assign or transfer your rights or delegate your obligations under these Terms without our prior written consent. Gaia Functional Medicine may assign its rights or delegate its obligations without your consent. These Terms are binding on the parties and their successors and assigns.
Entire Agreement:
These Terms constitute the entire agreement between you and Gaia Functional Medicine and supersede all prior agreements and representations.
Interpretation: The use of terms like "includes," "including," "such as," and similar terms does not limit what else may be included. Headings in these Terms are for reference only and do not affect interpretation.
No Waiver: Our failure to enforce a provision under these Terms does not waive our right to enforce it later.
Severability: If any provision of these Terms is held unenforceable, it will be reformed to the extent necessary, and the remaining provisions will remain in full force and effect.
Governing Law and Jurisdiction: These Terms are governed by California law, and any disputes will be subject to the jurisdiction of California courts. The parties waive their right to a trial by jury. Should a dispute arise between the Parties regarding this Agreement, the parties shall mediate such dispute that arises between them concerning this Agreement or its terms, interpretation or enforcement. Mediation shall be held in the County in which the Practice is located by a virtual mediation service or individual mediator on which the parties shall agree. The costs of mediation shall be borne by the parties equally. Should the mediation not occur within thirty (30) business days of the party demanding mediation to the other party, or should the mediation not result in settlement, then either party is permitted to pursue litigation or arbitration. In the event that such party desired to resolve such dispute through arbitration it shall require the consent of the other party under terms to be agreed upon. If the parties agree to arbitration, one arbitrator shall be appointed in an arbitration proceeding confirming to the rules of judicial Arbitration Association (“JAMS”) applicable to industry arbitrations. Parties agree to work together in good faith to select said arbitrator. If the parties cannot agree to an arbitrator, then the arbitrator shall be appointed by JAMS. Said arbitration shall take place virtually and the decision of said arbitrator shall be binding and final upon the parties, and the decision shall be enforceable as a judgment in a court of competent jurisdiction. The cost of such mediation and/or arbitration shall be shared equally between the parties hereto, except that each party shall pay his own attorneys ’and witness fees. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrators. If either party intends to seek arbitration under this Agreement, the Party seeking arbitration must first notify the other Party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice by either Party should be sent via email to the other Party. The notice must describe the nature of the claim and the relief being sought. If the Parties are unable to resolve the dispute within 30 days, either Party may then proceed to file a claim for arbitration. The prevailing Party in any dispute under this Agreement shall be awarded reasonable attorney’s fees and costs.
Contact Us
If you have questions about these Terms, please contact us at [email protected].