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Terms Of Use

Myers’ Cocktail Ingredients

MAGNESIUM CHLORIDE

Helps maintain healthy muscles and nerves, supports the immune system, regulates blood pressure, aids in protein synthesis, and promotes energy production.

DEXAPANTHENOL

Promotes the healing of wounds, improves skin health, reduces inflammation, and enhances skin elasticity, making it beneficial for recovery from surgery or skin injuries.

RIBOFLAVIN-5-PHOS

Helps with energy production, supports cell health, and contributes to maintaining healthy skin, eyes, and red blood cells.

PYRIDOXINE HCL

Supports brain development, helps produce important chemicals for the brain, supports a healthy immune system, and aids in the metabolism of proteins, carbohydrates, and fats.

NIACINAMIDE

Improves skin health, reduces inflammation, supports heart health, helps produce energy, and contributes to brain function.

CALCIUM GLUCONATE

Supports strong bones and muscles, aids in nerve transmission, blood clotting, and hormone secretion.

B-12

Supports the production of red blood cells, boosts energy levels, aids in brain function, and enhances the immune system.

VITAMIN-C

Acts as an antioxidant, supports the immune system, helps protect against damage caused by free radicals, and aids in the production of collagen.

Customer Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE AT https://mydripnurse.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 MY DRIP NURSE OR 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

My Drip Nurse LLC (“My Drip Nurse,” “we,” or “us”) owns and operates this website located at https://mydripnurse.com/ as well as the My Drip Nurse mobile application (collectively, the “Platform”). My Drip Nurse provides the Platform and accompanying booking and membership services (the “Service”) and connects individuals to local healthcare providers in their area. 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, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the “Limited Use and Availability” Section of this Agreement for more information regarding use of the Service by minors and applicable limitations on such use. Notwithstanding the foregoing, the Service is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact us at [email protected] if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.

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 Mobile Medical Services

My Drip Nurse LLC (“My Drip Nurse”) only operates the Platform and booking service and contracts with medical entities and medical providers who deliver medical services, but My Drip Nurse is not itself a medical entity or provider and is not responsible for providing any medical services.

We make available to individuals who register as users of the Service (“Users”) certain services of third-party medical providers, pharmacies, or other vendors via our Service. Our Service provides access to My Drip Nurse and medical providers throughout the United States and the world who are appropriately licensed in the applicable state or jurisdiction and provide the healthcare services (the “My Drip Nurse”). My Drip Nurse employ or contract 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 the My Drip Nurse, Providers, Labs, and Pharmacies that were booked through the Platform are also subject to this Agreement, and that the My Drip Nurse, Providers, Labs, and Pharmacies are third-party beneficiaries of this Agreement. You further agree that My Drip Nurse is not responsible or liable for the provision of any medical services and you release My Drip Nurse and its owners, officers, members, managers, employees, and agents from any and all liability relating to the provision of any medical services.

We only schedule your requested service(s) and bill you on behalf of the My Drip Nurse, Providers, Pharmacies, and Labs. We do not provide medical care services. Our booking service is not engaged in the practice of medicine, and we are not responsible for providing healthcare services or making any determinations about your care.

We do not control or interfere with the practice of medicine by My Drip Nurse or any Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that My Drip Nurse is not a medical corporation or healthcare provider and that by using the Service, you are not entering into a doctor-patient or other healthcare provider-patient relationship with My Drip Nurse. By using the Service, you may, however, be entering into a doctor-patient or other healthcare provider-patient relationship with a My Drip Nurse and/or one or more Providers. 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 My Drip Nurse and Providers are NOT intended to take the place of your relationship(s) with your regular in-person healthcare practitioner(s) and primary care providers.

By accepting this Agreement, you acknowledge and agree that the My Drip Nurse and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You understand and agree that My Drip Nurse is not responsible for the security or 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 My Drip Nurse nor the My Drip Nurse nor any Provider will be responsible in any way and you will not hold My Drip Nurse, the My Drip Nurse, 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 My Drip Nurse or your Provider(s).

While you are not establishing a doctor-patient or other healthcare provider-patient relationship with My Drip Nurse, by using the Service and Platform, you are establishing a direct customer relationship with My Drip Nurse to use the Service, including any purchase of a membership sold directly to you by My Drip Nurse 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

My Drip Nurse 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 My Drip Nurse may receive payment from insurance or such programs for the services or products provided to you by My Drip Nurse. 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 My Drip Nurse, the Labs, the Pharmacies, the My Drip Nurse 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 cancellation 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://mydripnurse.com/contact-us/.

Please note that our Monthly Memberships do not include the cost of travel and any additional service fees.

In order to simplify the user experience through the Service, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase, such as Peptide or other, required a consultation with a Provider, includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amounts charged for use of the Service, as well as amounts charged by the Pharmacy for the prescription drug and the amount charged by the My Drip Nurse for the services of the Provider, as applicable, which amounts are collected on behalf of and paid to the Pharmacies and My Drip Nurse, respectively.

7. Laboratory Products and Services

Certain laboratory products and services available through the Platform, including at-home testing kits and services, require a valid prescription or order by a licensed healthcare provider. You will not be able to obtain such laboratory services unless you have completed a consultation with one of the Providers, the Provider has determined the laboratory product and/or service is appropriate for you and the Provider has prescribed or ordered the laboratory product and/or service.

Currently, laboratory products and services offered through the Platform can only be ordered and fulfilled through the Labs and are not available through local laboratories. If you receive laboratory products and/or services from a Lab through the Platform, the applicable testing materials are shipped to you by the applicable Lab, and the costs associated with the laboratory products and services are included in the total charged to you by the Service.

We will send or cause to be sent the requested test kit to your address after any required healthcare Provider review and approval. You must follow the instructions that accompany the kit to register your kit, collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing. Failure to follow the instructions may result in your samples not being processed by the Lab.

Laboratory products and services available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.

8. 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 My Drip Nurse’s third-party online payment processing vendor.

This online payment processing application(s) is provided by My Drip Nurse’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 Stripe 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. My Drip Nurse’s relationship with Stripe, if any, is merely contractual in nature, as Stripe is nothing more than a third-party vendor to My Drip Nurse and is in no way subject to My Drip Nurse’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 the My Drip Nurse, Providers, Pharmacies, and Labs that provide services to you in connection with the Services. Your payments to My Drip Nurse may include fees charged by the My Drip Nurse, Providers, Pharmacies, and Labs, which My Drip Nurse collects on their behalf.

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 the My Drip Nurse, 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 My Drip Nurse 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. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. 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. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address. By submitting such information, you grant My Drip Nurse without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

9. Limited Use and Availability

Our Service is currently only available to individuals who are located in states and countries in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement; provided, however, that individuals who are located in the states and countries in which we offer the Service and are between the ages of 13 and 18 may use the Service if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Service. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, or (2) at least thirteen (13) years of age and have obtained consent from your parent or legal guardian to use the Service, (b) if you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Service by such minor, (c) representing and warranting to us that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Service, and (e) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state and local regulations and may change from time to time due to changes in applicable regulatory requirements.

Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all ages.

In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or is otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted with additional information regarding next steps.

10. 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 My Drip Nurse is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

11. 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.

12. Privacy Policy

Mobile Medical 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.

13. Protected Health Information

When you set up an account with My Drip Nurse, you are creating a direct customer relationship with My Drip Nurse 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 My Drip Nurse, 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. My Drip Nurse is not 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, Pharmacies, or My Drip Nurse may or may not be a “covered entity” or “business associate” under HIPAA, and My Drip Nurse may in some cases be a “business associate” of a Lab, Pharmacy, or My Drip Nurse. 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 My Drip Nurse, the My Drip Nurse, the Providers, the Labs, or the Pharmacies. To the extent My Drip Nurse is deemed a “business associate,” however, and solely in its role as a business associate, My Drip Nurse may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Labs, Pharmacies, or My Drip Nurse (“PHI”). 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.

The My Drip Nurse 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 your My Drip Nurse and Provider(s).

By using the Service, you are agreeing that even if HIPAA does apply to My Drip Nurse, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information that you submit to My Drip Nurse that is not intended to be used solely for the provision of diagnosis and treatment by the My Drip Nurse and Providers or prescription fulfillment by the Pharmacies or laboratory services by the Labs, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

13. Protected Health Information

14. Use and Ownership of the Service

The Service and the information and content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, My Drip Nurse grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by My Drip Nurse 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 My Drip Nurse. You agree that My Drip Nurse and its suppliers 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 "My Drip Nurse" stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of My Drip Nurse and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.

15. License to Information Submitted via the Service

Subject to any limitations on Protected Information described below, any information you transmit to My Drip Nurse via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant My Drip Nurse a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Submissions (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not My Drip Nurse, are responsible for all of Submissions that you provide to the Service. In addition to the foregoing, My Drip Nurse shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that My Drip Nurse deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.

If a Submission you make contains Protected Information, My Drip Nurse’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

16. 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 My Drip Nurse to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by My Drip Nurse, (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 My Drip Nurse 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.

My Drip Nurse 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. My Drip Nurse 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, My Drip Nurse reserves the right at all times to disclose any information as My Drip Nurse 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 My Drip Nurse’s sole discretion.

17. Third-Party Goods and Services

Parties other than My Drip Nurse, including Labs, Pharmacies, My Drip Nurse, and Providers, provide services or sell products through the Service (collectively, “Third-Parties”), and My Drip Nurse may also make available to you for purchase certain services, devices, items, or products manufactured, distributed, or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense, and judgment in, using the Service and disclosing personal information.

You agree that My Drip Nurse shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User, or any other entity or individual, you understand and agree that My Drip Nurse is under no obligation to become involved in such dispute, and you hereby release and indemnify My Drip Nurse and its directors, officers, members, managers, employees, contractors, representatives, agents, predecessors, successors, and assigns, (collectively, “My Drip Nurse Parties”) from any and all claims, demands, and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Certain of My Drip Nurse’s owners, managers, officers, employees, contractors, or agents (collectively, “My Drip Nurse Owners and Personnel”) may have a financial interest in one or more Third-Parties and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.

18. Termination

My Drip Nurse 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, if our agreement with the My Drip Nurse, Labs, or Pharmacies terminates, or if we discontinue the Service. 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 My Drip Nurse. 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 My Drip Nurse Parties harmless from any and all liability that any such My Drip Nurse 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.

19. Disclaimers

Content and other information contained on the Service is provided by My Drip Nurse 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. MY DRIP NURSE AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THE PHARMACIES, 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. MY DRIP NURSE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. MY DRIP NURSE DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY DRIP NURSE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, 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 OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY DRIP NURSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MY DRIP NURSE 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.

21. Indemnification

You agree to defend, indemnify, and hold My Drip Nurse Parties and any Third Parties offering products or services through the Service, including the My Drip Nurse, Providers, Labs, and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement, or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

22. Notices

Any notices to you from My Drip Nurse 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 My Drip Nurse.

23. Changes to Terms of Service and Services

The Services are continually under development, and My Drip Nurse 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.

24. Electronic Communications

When you access or use the Service or send emails or SMS messages to us, any My Drip Nurse, or its Providers, you are communicating with us, the My Drip Nurse, and its Providers electronically. You consent to receive communications from us, the My Drip Nurse, 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.

25. Entire Agreement

This Agreement and any other agreements My Drip Nurse may post on the Service or that you and My Drip Nurse may execute from time to time constitute the entire agreement between My Drip Nurse and you in connection with your use of the Service and supersede any prior agreements between My Drip Nurse and you regarding use of the Service, including prior versions of this Agreement.

26. Third Party Beneficiaries

Any use of third-party software provided in connection with the Service, or any third-party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, if any, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement, if any.

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of My Drip Nurse, the Medical Groups, the Pharmacies, the Labs, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor, or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.