TERMS AND CONDITIONS OF USE

Last updated May 2022

In this Terms and Conditions of Use Agreement (“Agreement”, “Terms of Use, or “Terms”), “IVS BY THE SEAS”, “we”, “us”, or “our” refers to PLESCIA MEDICAL, LLC dba IVS BY THE SEAS. We provide certain services and the use of our site https://www.ivsbytheseas.com/ (the “Site”) to you subject to the following terms and conditions.

PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU CONTINUE. BY ACCESSING THIS WEBSITE OR USING ANY OF ITS FEATURES, YOU AGREE TO THESE TERMS OF USE AND ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE PLEASE REDIRECT YOUR BROWSER AND EXIT THE WEBSITE.

1. General

Welcome to the Site: https://www.ivsbytheseas.com/, which is owned and operated by PLESCIA MEDICAL, LLC dba IVS BY THE SEAS.

IVS BY THE SEAS provides a mobile infusion service under the tradename “IVs by the Seas” in the Jersey Shore and surrounding areas. We provide IV vitamin hydration (or vitamin therapy) through the administration of vitamins and nutrients directly into the bloodstream. We also offer a service for consultations with our nutritionist to customize an infusion for your body’s specific needs.

2. Terms

This Agreement sets forth guidelines for the use and viewing of our Site. By browsing to the Site, you (as a “Visitor”) agree to these Terms of Use. A “Visitor” is defined as any individual browsing the Site. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and IVS BY THE SEAS, concerning your access to and use of the Site as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

IVS BY THE SEAS reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. IVS BY THE SEAS will post any changes to these Terms of Use on the Site. All changes are effective immediately when we post them and apply to all access to and use of our Site thereafter. Your continued use of our Site following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. We encourage you to periodically review this page for the latest information on our Terms of Use, as they are binding on you. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. IVS BY THE SEAS may terminate your right to and deny you access to this Site if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever.

Use of this Site is limited to persons eighteen (“18”) years of age and over. The policy of IVS BY THE SEAS, as the operator of this Site, is NOT to knowingly collect any personal information from persons under 18, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (“COPPA”). If you are under the age of 18, you should leave the Site without providing any information about yourself. Any access to or use of this Site by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site and to be subject to the terms of this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Privacy Policy

IVS BY THE SEAS may collect certain Visitor information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your name, phone number, e-mail address, physical address, date of birth and any additional information you voluntarily submit to us when you connect with us using our Contact Us webpage or when you book an appointment on the Site. When you provide information to IVS BY THE SEAS in connection with your access to or use of the Site, you agree to provide only true, accurate, current, and complete information.

In addition to these Terms of Use, your personally identifiable information obtained by us from this Site is subject to our Privacy Policy, which you can access here: Privacy Policy. For more information, please see our Privacy Policy.

4. Copyright, Trademark, and Site Mark Information

This Site and all digital content in any form on the Site, including all designs, text, graphics, pictures, video, audio, information, applications, and other files, and their selection and arrangement (each, “Digital Content”) are the exclusive property of IVS BY THE SEAS, its licensors, or other third parties and are protected by copyright, trademark, and other intellectual property laws. Visitors may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Digital Content, in whole or in part.

The IVS BY THE SEAS logos are proprietary trademarks and may not be used in connection with any product or material that is not provided by IVS BY THE SEAS, or in any manner that is likely to cause confusion among Visitors, or in any manner that disparages or discredits IVS BY THE SEAS.

All other trademarks displayed on the Site are the trademarks of their respective owners and may only be used with the permission of the owner. The display of the trademarks of third parties constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of IVS BY THE SEAS by those third parties.

5. Payment Card Industry Data Security Standard (PCI-DSS)

Although IVS BY THE SEAS does not collect, store, or directly process any payment method or credit card information for payments made through the Site, we follow the Payment Card Industry Data Security Standard (PCI-DSS) when handling credit card data, including when facilitating payments in accordance with Membership Agreements. IVS BY THE SEAS currently accepts VISA, MasterCard, Discover, and American Express credit cards as authorized payment methods for orders and membership fee payments. All payment transactions are processed by our third-party payment processor, Jane Payments (Stripe) and Elavon, in adherence to PCI-DSS, and other applicable standards. IVS BY THE SEAS at its sole election may discontinue support for any payment method or it may support additional payment methods (ex. Apple Pay, Amazon Payments, etc.).

6. Notification of Claimed Copyright Infringement

If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

a) A description of the copyrighted work that you claim has been infringed;

b) Identification of the URL or other specific location on the Site where the material you claim is infringing is located;

c) Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;

d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

e) An affidavit submitted by you, sworn to, and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.

Pursuant to Section 512 of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, IVS BY THE SEAS designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

PLESCIA MEDICAL, LLC
DBA IVS BY THE SEAS
1637 Glendola Road
Wall Township, NJ 07719

Attention: Copyright Notice

By Email: copyright@ivsbytheseas.com

7. Accessing the Site and Account Security

We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users.

You are responsible for making all arrangements necessary for you to have access to our Site; and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

You may not violate or attempt to violate the security of our Site, including, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any portion of our Site for unintended purposes or trying to change the behavior of our Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including without limitation via means of submitting a virus to our Site, overloading, flooding, spamming, mailbombing or crashing; (e) forging any Transmission Control Protocol/Internet Protocol (TCP/IP) packet header or any part of the header information in any email or blog posting; or (f) forging communications on behalf of IVS BY THE SEAS (impersonating IVS BY THE SEAS) or to our Site (impersonating as a legitimate user).

We may prosecute you to the full extent of the law for any violation of these Terms.

8. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER IVS BY THE SEAS, ITS AFFILIATES, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.

THE WEBSITE, SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

ALL INFORMATION AVAILABLE THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU HAVE FOUND ON THE SITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.

9. Limitation of Liability

IN NO EVENT WILL IVS BY THE SEAS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless IVS BY THE SEAS and its affiliates and their respective directors, members, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, including but not limited to, the violation of this Agreement, or infringement of any intellectual property rights.

11. Modifications and Interruption to Service

IVS BY THE SEAS reserves the right to modify or discontinue any services on the Site with or without notice. IVS BY THE SEAS shall not be liable to a Visitor or any third party should IVS BY THE SEAS exercise its right to modify or discontinue any service on the Site. Each Visitor acknowledges and accepts that IVS BY THE SEAS does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.

12. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE WITHOUT WARNING, IN OUR SOLE DISCRETION.

13. Third-Party Content

The Site may include links to sites owned and maintained by third parties not related to IVS BY THE SEAS (collectively referred to as “Third-Party Sites”). Any such links to the websites or other properties of third parties are provided for your convenience only, and such links do not imply endorsement by IVS BY THE SEAS or affiliation of such Third-Party Sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content, or products located through any Third-Party Sites. You should contact those Third-Party Sites if you have any concerns regarding such links. Your use of any Third-Party Sites is subject to the terms & conditions of use and privacy policies of those sites. We encourage you to review all of the Third-Party Sites’ policies.

IVS BY THE SEAS disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity concerning any Third-Party Sites and their product or content offerings, and you agree that any recourse for dissatisfaction or problems with any Third-Party Sites must be directed to the third party and not IVS BY THE SEAS.

Any opinions, advice, statements, offers, or other information or content expressed or made available by third parties, are those of the third party and not of IVS BY THE SEAS.

14. Prohibited Activities

The following actions are not allowed on this Site:

a) You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;

b) You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site;

c) You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack;

d) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

e) You must not establish a link to our Site from any website that is not owned by you; and

f) Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the homepage.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Site other than that set out above and in our Privacy Policy, please contact us at info@ivsbytheseas.com.

By breaching any of the provisions above, you would commit a criminal offense. We will report any such behavior to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site

15. Governing Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the United States of America and the laws of the State of New Jersey, without regard to any principles of conflicts of law. Any and all services and rights of use hereunder are considered performed in the United States of America and you agree that any action at law or in equity that arises out of or relates to IVS BY THE SEAS or these Terms of Use will be filed only in the state or federal courts located in Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

The Site can be accessed from the United States and from other countries around the world. Although each of these jurisdictions have laws that may differ from those of the United States, by accessing the Site, if you are located outside of the United States, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the federal laws of the United States without regard to any principles of conflicts of law.

16. Compliance with Laws and International Use

You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

IVS BY THE SEAS reserves the right to use any information available by virtue of your use of the Site (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce our Terms of Use or Privacy Policy, or to protect the rights, property or safety of all Visitors. We reserve the right without obligation to review the content of the Site, and other information posted to the Site to determine compliance with our Agreement and operating rules established by us or our affiliates, and to satisfy any law, regulation or authorized government request.

Furthermore, we make no representation that Digital Content on the Site is appropriate or available for use in locations outside the United States and accessing the Digital Content from territories where such Digital Content is illegal is prohibited. Those who choose to access the Site from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Miscellaneous Terms

These Terms of Use in conjunction with our Privacy Policy constitute the entire agreement and understanding between us, superseding any prior agreements and understandings, and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provisions) shall not be affected thereby and shall remain valid and in full force and effect. You agree that these Terms of Use may be assigned by IVS BY THE SEAS, in our sole discretion, to a third party in the event of a merger or acquisition or change of control. The section titles and headings in these Terms of Use are for convenience only and have no legal or contractual effect.

No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

By submitting information to IVS BY THE SEAS through the Site or otherwise, you are making an inquiry as to services offered by IVS BY THE SEAS and give IVS BY THE SEAS permission to contact you through email, fax, telephone, mobile phone, or any means, even if your phone number or mobile number is on a “Do Not Call” list.

Any rights not expressly granted herein are reserved by and for us.

YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

IVS BY THE SEAS will use commercially reasonable efforts to promptly respond and resolve any problem or question.