TERMS AND CONDITIONS
OF ASCEND IV, LLC

 

The terms and conditions of this Agreement (“Terms and Conditions”) shall continue from this date forever and shall apply every time you partake in any service or treatment at ASCEND IV, LLC (“ASCEND IV”), without the need for you to resign this Agreement. This document constitutes the entire agreement regarding your participation in the Treatment (as defined below) and supersedes all prior discussions and representations about the use, benefits or risks of the Treatment.

Terms of Using Website, Mobile Devices and Apps

THESE TERMS OF USING WEBSITE, MOBILE DEVICES AND APPS (“TERMS”) GOVERN YOUR ACCESS TO AND ALL USE OF ASCEND IV’S WEBSITES, SUBPAGES, SUBDOMAINS, MOBILE APPLICATIONS, AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE AT OR THROUGH THE WEBSITE AND MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE AGREEING TO THE TERMS HEREIN AND CONCLUDING A LEGALLY BINDING CONTRACT WITH ASCEND IV. DO NOT ACCESS OR USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE FOLLOWING TERMS.

Below are the Terms that you acknowledge and agree to:

I will not use the ASCEND IV Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, I am fully accepting the terms, conditions and disclaimers contained in this notice. If I do not accept these Terms, I must immediately stop using the Site.

All material contained on ASCEND IV is provided without any or warranty of any kind. I will use the material on ASCEND IV at my own discretion. The contents of ASCEND IV Site do not constitute medical advice and should not be relied upon in making or refraining from making, any decision.

I acknowledge that ASCEND IV reserves the right to change or remove (temporarily or permanently) the Site or any part of it without notice and that ASCEND IV shall not be liable to me for any such change or removal. ASCEND IV reserves the right to change these Terms at any time, and my continued use of the Site following any changes shall be deemed to be my acceptance of such change.

ASCEND IV’s Site may include links to third party websites that are controlled and maintained by others. I understand that any link to other websites is not an endorsement of such websites and I acknowledge and agree that ASCEND IV is not responsible for the content or availability of any such sites. If I visit any website via a link on this Site, I will do so at my own risk.

I agree to indemnify, and hold ASCEND IV and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ASCEND IV arising out of any breach by me of these Terms or other liabilities arising out of my use of this Site.

I ACKNOWDEGE THAT TO ACCESS OR USE THE SITE, I MUST BE 18 YEARS OR OLDER AND HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. I MAY NOT ACCESS OR USE THE SITE IF I HAVE PREVIOUSLY BANNED BY ASCEND IV FROM THE SITE.

I consent to receive communications from ASCEND IV in an electronic form and agree that all Terms, agreements, notices, disclosures, and other communications that ASCEND IV provides to me electronically satisfy any applicable legal requirements, including that these be made in writing.

The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, ASCEND IV will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site. ASCEND IV makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms shall be construed so as to exclude or limit the liability of ASCEND IV for death or personal injury as a result of the negligence of ASCEND IV or that of its employees or agents.

I agree to indemnify, and hold ASCEND IV and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ASCEND IV arising out of any breach by me of these Terms or other liabilities arising out of my use of this Site.

I acknowledge that this Site and its content are copyright of ASCEND IV, trademarks and all other intellectual property rights in the Site and its content, the Site design, text, graphics and all software, and source codes connected with the Site are owned by or licensed to ASCEND IV or otherwise used by ASCEND IV as permitted by law.

If ASCEND IV determines, in its sole discretion that I have breached these Terms, or have otherwise demonstrated conduct inappropriate for the Site or App, ASCEND IV reserves the right to: (i) remove my name and information from its notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue my ability to use the services through the Site; and/or (iv) any other action which ACSEND IV deems to be appropriate. The remedies contained in the Terms are not the exclusive remedies for my breach but will be in addition to all other remedies available to ASCEND IV by law or in equity.

I agree not to, and will not assist, encourage, or enable others to use the site to:

(i) transmit any content that is unlawful or promotes unlawful conduct (ii) transmit any content that violates applicable rules of professional conduct for attorneys (iii)transmit any content that is false or defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iv) violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;(v)promote a business or other commercial venture or event, or otherwise use the site for commercial purposes, except as expressly permitted by ASCEND IV;(vi) send solicitation or marketing emails, spam, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the site’s search results or any third-party website;(vii) violate the privacy of any person; (viii) impersonate any person or entity, including any of our employees or representatives; or(ix) transmit any content that is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

I acknowledge that ASCEND IV may use cookies, web beacons, local shared objects and similar technology in connection with your use of the site (“Cookies”). Cookies may have unique identifiers, and reside, among other places, on my computer, in emails ASCEND IV sends to me, and on ASCEND IV’s web pages. Cookies may transmit information about me and my use of the Site, such as my browser type, search preferences, data relating to advertisements that have been displayed to me or that I have clicked on, and the date and time of my use. I can disable some (but not all) cookies in my device or browser settings but doing so may affect my ability to use the Site.

Email Communications.

Ascend IV uses email and electronic means to stay in touch with its patients and clients. I HEREBY CONSENT TO ELECTRONIC COMMUNICATIONS FOR CONTRACTUAL PURPOSES, and consent to receive communications from ASCEND IV in an electronic form via the email address I have submitted; and agree that all terms, agreements, notices, disclosures, and other communications that ASCEND IV provides to me electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Any legal notice to ASCEND IV must be in writing and not by email or messenger. Communications made through email or the service’s private messaging system will not constitute legal notice to ASCEND IV or any of our officers, employees, agents, or representatives in any situation where notice to ASCEND IV is required by these terms, contract, or any law or regulation.

Payments and Refunds.

I am responsible for my entire bill at the time of service.

I acknowledge that ASCEND IV does not accept insurance and will not bill insurances on my behalf. However, upon request, ASCEND IV will provide me with an itemized statement for me to present to my insurance carrier if I seek reimbursement. In many cases, the cost of products or services received at ASCEND IV are not covered by insurance as they may be deemed elective prevention and well-being services. ASCEND IV does not make any representations as to whether the products or services that I will receive will be covered or reimbursed by my insurance company. If I have questions regarding coverage, I should contact my insurance company directly.

I understand that payments will be charged at the time of scheduling or at the time of service as indicated or directed. If I cancel an appointment within 24 hours of its scheduled time, I will be charged the full amount. Missed appointments will not be refundable. In the case of some unusual incidents if ASCEND IV is unable to provide its services, a credit or a refund will be provided.

If the provider engaged by ASCEND IV determines at the time of the appointment that I misrepresented and provided non-accurate information about myself in any way, but not limited, to medical history, or that I am under the influence of drugs or alcohol at the time of the appointment, no services will be provided to me and the full amount of the services scheduled will be charged.

I acknowledge and hereby agree that ASCEND IV has the right to automatically charge my credit card on file or other payment method for the fees or charges, and to collect the applicable taxes that ASCEND IV is required to collect.

If it is necessary to assign my account to a collection agency and/or attorney, I will be responsible for all of ASCEND IV’s collection agency and attorney fees and costs.

If my check is returned unpaid by the bank for insufficient funds, I will be required to pay a $25.00 service charge for the first check, and $35.00 for each additional check.

Payment information is maintained by a third-party provider. ASCEND IV uses a third-party provider as the payment gateway. As such, no credit card or bank account information is stored by ASCEND IV.

Modifications.

ASCEND IV reserves the right, at its sole discretion, to modify or change any part of its Terms and Conditions at any time without notice, and I am responsible to check for such changes.

My continued use of the services and treatments offered at ASCEND IV after any modifications to the Terms and Conditions herein constitutes acceptance of those modification.

Any new features and/or services offered by ASCEND IV in the future shall be subject to the Terms and Conditions herein.

Termination.

I acknowledge that ASCEND IV may terminate this Agreement at any time, with or without cause, with or without notice. I may terminate this Agreement by simply discontinuing use of any service provided by ASCEND IV.

Arbitration and Rights.

Any dispute, controversy or claim arising out of or relating to the services and treatments provided at ASCEND IV or to the Terms and Conditions herein, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules.

Severability.

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties. If such measures are not possible then such a Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law and Jurisdiction.

These Terms and Conditions are governed by and construed in accordance with the law of United States and I hereby submit to the exclusive jurisdiction of the State of Nevada. In the event of any conflicts between foreign law, rules, and regulations, and Nevada law, rules, and regulations; Nevada law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Clark County, Nevada.

This agreement shall be construed and interpreted as broadly as possible, with the words, terms, provisions, covenants, and remedies contained in this Agreement to be enforceable to the fullest extent permitted by applicable law.

No Waiver.

The waiver by either party of a breach or violation of any provision herein shall not operate as or be construed to be a continuing waiver or a waiver of any subsequent breach of either the same or any other provision of this agreement.

Representations.

By using the ASCEND IV services, I assume full risk and responsibility for any and all use of the services, including the information presented to me thereon. I agree to hold ASCEND IV harmless from any and all claims, damages, causes of action, judgments, liabilities, expenses, and demands of any kind or nature whatever relating to my usage of ASCEND IV’s services. I acknowledge that it is my responsibility to seek professional medical advice concerning any questions about my health or a health condition.

I acknowledge that I am using the services at ASCEND IV at my own risk. I acknowledge that ASCEND IV is not be liable to me or anyone else for any harm to me or others resultant from the treatments, products, and information provided by ASCEND IV.

I acknowledge that ASCEND IV does not guarantee my fitness following receipt of any service at ASCEND IV, including, but not limited to, whether I am fit to drive a vehicle or operate machinery after receiving services from the ASCEND IV.

I am responsible to provide ASCEND IV my current contact information.

I expressly represent and warrant to ASCEND IV that I have never been diagnosed with nor treated for any diseases, illnesses or conditions which may result in increased risk when I participate in regimens, programs or services made available by ASCEND IV, and I am not choosing to participate with any expectation that ASCEND IV will screen for, diagnose, monitor or otherwise provide any care or treatment for such conditions.

Liability Waiver and Release.

In consideration for being permitted by ASCEND IV to receive initial and continuing treatment with IV therapies of vitamins, micronutrients, supplements, detoxification, injections, nutrition, and placement of an IV catheter by a licensed provider acting pursuant to the scope of his or her license (the “Treatment”), I (including my heirs and assigns) hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction, against the ASCEND IV, and its officers, directors, representatives, employees, agents, affiliates, managers, members, successors and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Treatment, whether arising out of the negligence of ACEND IV or any Releasees or otherwise.

I understand and agree that:

This release is intended to discharge the Releasees in advance from and against all liability arising out of or connected in any way with my participation in the Treatment.

Treatment may involve risk of serious injury, illness, disability or death and may result not only as a result of my actions, negligence or inaction, but also from the action, negligence or inaction of others, including ASCEND IV’s owners, officers, officials, employees, independent contractors or volunteers and may result from the conditions of the facilities, equipment, or areas where such activities are being conducted.

I choose voluntarily to request permission to participate in the Treatment, after fully and knowingly appreciating all of the risks involved.

I will indemnify and hold harmless the Releasees from any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees), including litigation of any form, arising out of, or connected in any manner with my participation in the Treatment.

I am in good health and have no physical condition which would preclude me from safely participating in the Treatment.