Terms of Sale
IV KETAMINE SUPPORT TERMS OF SALE (“IVKS”):
1. Introduction:
1.1 Overview:
IV Ketamine Support (“IVKS”) provides its services to you through its website located at ivketaminesupport.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Sale:
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Sale at any time. If we do modify these Terms of Sale, depending on the nature of the change, we will notify you of the revised terms through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
1.3 Privacy:
At IV Ketamine Support, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
2. Access and Use of the Service
2.1 Use Description:
The IV Ketamine Support service, and any content viewed through our service, is solely for an individual’s use to supplement their IV ketamine infusion treatments. It is always recommended for users of this site to engage in psychological assessment and treatment planning with before, during, and after ketamine infusions with a psychotherapist or other trained support system but these resources can assist and enhance a personal exploration into treatment goals and engagement in the treatment process.
2.2 Your Purchase or Registration Obligations:
If you choose to purchase access to or sign-up for a membership with IV Ketamine Support, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
2.3 Member Account, Password and Security:
You may never use another's account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify IV Ketamine Support of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. IV Ketamine Support will not be liable for any loss or damage arising from your failure to comply with this Section.
2.3 Modifications to Service:
IV Ketamine Support reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IV Ketamine Support will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.4 General Practices Regarding Use and Storage:
You acknowledge that IV Ketamine Support may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on IV Ketamine Support’s servers on your behalf. You agree that IV Ketamine Support has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that IV Ketamine Support reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that IV Ketamine Support reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.5 Cancellation and Refund Policy:
Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase, should you become dissatisfied with the Service after purchase, you may terminate your account at any time and subsequently terminate your access. Refunds are not available once access to material on the platform is granted. Refunds are not available for accounts which have violated the Terms of Service; violations are determined at IV Ketamine Support's sole discretion. If IV Ketamine Support determines that you are abusing our policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To ask a question regarding concerns with any issues or concerns with the no refund policy, email info@ivketaminesupport.com.
3. Conditions of Use
3.1 User Conduct:
You are solely responsible for verifying you have been assessed by a medical professional and have been deemed a physically and emotionally appropriate candidate for IV ketamine infusions and are following the rules and regulations as indicated by your doctor as to how to follow proper protocols and procedures for ketamine treatments.
If you do engage in activity that may expose IV Ketamine Support or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations connected to the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your intent for use of this website harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Fees:
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide IV Ketamine Support information regarding your credit card or other payment instrument. You represent and warrant to IV Ketamine Support that such information is true and that you are authorized to use the payment instrument. You agree to pay IV Ketamine Support the amount that is specified in the purchase fee (as well as any applicable taxes) in accordance with the terms of such purchase and this Terms of Service. You hereby authorize IV Ketamine Support to bill your payment instrument in accordance with the terms of the applicable purchase plan (as well as any applicable taxes), and you further agree to pay any charges so incurred. If you dispute any charges you must let IV Ketamine Support know within sixty (60) days after the date that IV Ketamine Support invoices you. We reserve the right to change IV Ketamine Support's prices. Prices are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases.
3.3 One-time Purchase:
One of our Services is billed on a one-time purchase fee ("Purchase)"). If you choose, this option, this means that you will be billed in advance for purchase to access the resources available to you in the portal on “IVKS.” Your purchase will grant you permission to access and utilized the information provided to you on this platform.
3.4 Recurring Subscriptions:
Another option for our Services is billed on a subscription basis ("Subscription(s)"). This means that you will be billed in advance on a recurring, periodic basis (each period is called a "billing cycle"). Your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team at info@ivketaminesupport.com. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
3.5 Commercial Use:
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by IV Ketamine Support, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by IV Ketamine Support from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of IV Ketamine Support, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by IV Ketamine Support.
The IV Ketamine Support name and logos are trademarks and service marks of IV Ketamine Support (collectively the “IV Ketamine Support Trademarks”). Other IV Ketamine Support, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to IV Ketamine Support. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of IV Ketamine Support Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of IV Ketamine Support Trademarks will inure to our exclusive benefit.
4.2 Third Party Material:
Under no circumstances will IV Ketamine Support be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that IV Ketamine Support does not pre-screen content, but that IV Ketamine Support and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, IV Ketamine Support and its designees will have the right to remove any content that violates these Terms of Service or is deemed by IV Ketamine Support, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.4 Health and Medical Disclaimer:
IV Ketamine Support does not provide medical or psychotherapeutic advice. IV Ketamine Support only provides general information regarding ketamine therapy through its Service. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment or psychological support by a healthcare or mental health professional. You agree to follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that IV Ketamine Support will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.
5. Indemnity and Release:
To the fullest extent permitted by law, you agree to release, indemnify and hold IV Ketamine Support and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
The contents of the IV Ketamine Support (“IVKS”) websites and materials are for educational purposes only and do NOT involve the provision of any form of medical, psychological, legal or healthcare advice or services. The material presented in the IVKS training have been prepared in good faith with the goal of providing accurate and authoritative information regarding the subject matter covered. It is the user’s responsibility to determine if any additional qualifications and/or formal certifications necessary to offer the services in the contexts, facilities or locations chosen. User and their agents should familiarize themselves with and abide by any applicable state, federal, or local laws implicated by engaging in the services outlined in the IVKS materials. IVKS specifically disclaims any implied warranties or merchantability or fitness for any particular purpose. There are no warranties which extend beyond the descriptions contained in this disclaimer. The accuracy and completeness of the information provided in the IVKS educational materials and the opinions stated therein are not guarantees, nor warranties to or towards the production of any particular result, and the advice and strategies contained therein may not be suitable for every individual. The user understands that no educational materials can possibly cover every conceivable factual scenario or variation on the needs of people engaged in the use of ketamine or those attempting to support them.
User indemnifies and hold harmless IVKS and its respective agents, employees, or contractors from and against all claims, cost, liabilities, judgments, expenses or damages owed to third parties (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or in connection with (i) the IVKS educational materials or protocols; and (ii) any act or omission of user which results in (A) any bodily injury, sickness, disease or death; (B) any injury or destruction to tangible or intangible property (including computer programs and data) or any loss of use resulting therefrom; or (C) any violation of any statute, ordinance, or regulation. IVKS shall not be held liable for direct or indirect loss of profit, incidental, special nor consequential damages based upon the use of information provided in the IVKS educational materials or protocols. In implementing or utilizing any part or portion of IVKS’s educational materials, user and their agents agree to do so at their own discretion and their own risk, and to not hold, nor attempt to hold IVKS liable for any loss, liability, claim, demand, damage and all legal cost or other expenses arising whatsoever in connection with the use, misuse or inability to use the IVKS educational materials and protocols. In no circumstances shall IVKS’ total liability to user, if any, exceed the total amount paid by user for the IVKS educational materials and protocols.
6. Disclaimer of Warranties:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IV KETAMINE SUPPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IV KETAMINE SUPPORT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7. Clear and Conspicuous Disclosure:
You acknowledge that the terms of this agreement are presented to you in a clear and conspicuous manner, and you have had the opportunity to review and understand them.
8. Affirmative Consent:
Your decision to click "Sign Up" serves as affirmative consent to the terms outlined herein, indicating your understanding and agreement to abide by them.
9. Questions? Concerns? Suggestions?
Please contact us at info@ivketaminesupport.com to report any violations of these Terms of Service or to pose any questions regarding this Membership Terms or the Service.