These Terms of Service ("Terms") govern your access to and use of the MD Health Now website and its related internet-based services, features, content, and functionality, including the appointment booking service (the "Booking Service" and, together with the website, the "Service" or "Services"). By using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding electronic contract governing your use of the Service. By using the Service, you accept these Terms and any conditions or notices referenced within them. We may modify these Terms at any time in our sole discretion, and any modifications will be effective upon posting to the Service. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. We may also modify, suspend, limit, or discontinue the Service, or any part of it, at any time, with or without notice.

By using the Service, you agree that we may send you communications by email or by posting notices on the Service. You agree to promptly notify us if your email address changes. If you no longer wish to receive electronic communications from us, contact us at GetWell@MdHealthNow.com. Any withdrawal of consent will take effect within a reasonable time after we receive it and will not affect the enforceability of these Terms, though it may result in termination of your access to the Service.

To the extent permitted by law, we may monitor use of the Service, including communications and activity conducted through it, in connection with providing, securing, and improving the Service.

2. User Account

Certain features of the Service require you to create a User Account. Our collection and use of personal information you provide is governed by our Privacy Policy. You are responsible for providing accurate, complete, and current information and for promptly updating it as needed.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may not share your credentials with, or use the credentials of, anyone else. Notify us immediately at GetWell@MdHealthNow.com if you believe your credentials have been lost, stolen, or compromised, or if you become aware of any unauthorized use of your account. We are not responsible for any loss or damage arising from unauthorized use of your account or your failure to safeguard your credentials.

3. General Use of the Service

Limited License

Subject to your compliance with these Terms, MD Health Now grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service, and any content made available through it, solely for your personal, non-commercial use. All rights not expressly granted are reserved by MD Health Now and its licensors.

Prohibited Uses

You may not copy, reproduce, distribute, publicly display, modify, create derivative works from, sell, or otherwise commercially exploit any content, code, or data available through the Service without our express prior written permission. You may not remove or alter any trademark, copyright, or other proprietary notice appearing on the Service.

You agree not to: (i) scrape, harvest, or use automated means to collect data or user information from the Service; (ii) attempt to gain unauthorized access to any part of the Service or any related system or network; (iii) interfere with, overburden, or disrupt the Service, including through unsolicited messages or excessive requests; (iv) infringe our or any third party's intellectual property or other rights; (v) insert unauthorized advertising or promotional content into the Service; or (vi) use the Service for any unlawful purpose. You further agree not to reverse engineer, decompile, or otherwise attempt to derive the source code of the Service.

Proprietary Rights

The Service and all content made available through it are the property of MD Health Now and its licensors and are protected by U.S. and international intellectual property laws. Nothing in these Terms transfers any ownership interest in the Service or its content to you.

4. Medical Disclaimer and Assumption of Risk

MD Health Now's Service allows you to request and schedule wellness and health-related services, including in-home or in-office IV therapy, injections, and related offerings, to be administered by licensed medical professionals. Any services provided through the Service that constitute medical or nursing care are provided by independently licensed practitioners, and MD Health Now does not itself practice medicine or nursing.

No Emergency Services. The Service is not designed or intended for use in a medical emergency. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Do not rely on the Service to obtain emergency assistance.

No Guarantee of Outcome. Wellness and IV therapy services are elective in nature. MD Health Now and its affiliated practitioners make no representation or warranty regarding the results, benefits, or outcomes of any service, and individual results vary. Statements made through the Service about wellness services have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Assumption of Risk. You acknowledge that IV therapy, injections, and related wellness services carry inherent risks, including but not limited to infection, allergic reaction, vein irritation, bruising, discomfort, and, in rare cases, more serious complications. By booking and receiving services through the Service, you voluntarily assume all known and unknown risks associated with the services, to the fullest extent permitted under Florida law.

Accuracy of Health Information. You are solely responsible for the accuracy and completeness of any medical history, allergy information, medication list, or other health information you provide in connection with booking a service. MD Health Now and its affiliated practitioners are entitled to rely on the information you provide, and you agree that any misrepresentation or omission may affect your eligibility for services and your rights under these Terms.

Age and Consent. The Service and the wellness services offered through it are intended for individuals who are at least eighteen (18) years of age, or who are accessing the Service with the involvement and consent of a parent or legal guardian where permitted. By using the Service, you represent that you meet this requirement.

These Terms apply generally to the Service. We may also present terms specific to a particular service ("Service-Specific Terms"), including intake forms, informed consent forms, and screening questionnaires. Service-Specific Terms are incorporated into these Terms by reference, and to the extent of any conflict, the Service-Specific Terms will control for that service.

5. Health Information and Privacy

Health information you provide in connection with booking or receiving services is handled in accordance with our Privacy Policy and, where applicable, HIPAA and Florida law governing the confidentiality of medical records. By using the Service, you consent to the collection, use, and sharing of your health information with affiliated licensed practitioners as reasonably necessary to provide the services you request.

6. Fees and Payment

All fees for services booked through the Service are due at the time of booking or service delivery, as specified at checkout. You authorize MD Health Now to charge your payment method on file for all applicable fees, charges, and taxes. Prices are subject to change without notice, though changes will not affect services already booked and confirmed.

7. Cancellations

Cancellation of Services: We require at least twenty-four (24) hours' advance notice of cancellation. If you do not provide at least twenty-four (24) hours' advance notice, you will be charged the full amount of the booked service. Services booked less than twenty-four (24) hours in advance may not be cancelled. Group appointments (two (2) or more individuals) are subject to the same notice requirement and will be charged in full for any individual not cancelled with the required notice. For example, if a service is booked for six (6) people and only four (4) are present without twenty-four (24) hours' notice for the other two (2), the full charge for all six (6) services will apply. For groups of four (4) or more where a nurse, date, and time have been confirmed, a cancellation fee of $50 per individual will apply.

Authorization to Charge: By using the Booking Service, you authorize MD Health Now to automatically charge your payment method on file for all applicable fees and charges, plus any applicable taxes, including cancellation and no-show fees described in these Terms.

Misrepresentation: If you misrepresent yourself during the booking process, including as to your age or medical history, MD Health Now reserves the right to cancel your booked service without notice and to charge the full amount. If you are under the influence of drugs or alcohol at the time of your scheduled service, the service will not be performed and the full amount will be charged.

8. Mobile Devices

If you access the Service through a mobile application, you agree to comply with any applicable third-party terms of the platform through which you obtained the app (each, a "Device Provider"). You acknowledge that each Device Provider is a third-party beneficiary of these Terms and may enforce them against you. Apple® and iTunes® are registered trademarks of Apple Inc. Google Play® and Android® are registered trademarks of Google LLC.

9. Indemnification

To the fullest extent permitted under Florida law, you agree to release, indemnify, defend, and hold harmless MD Health Now, its parent, subsidiaries, and affiliates, and each of their respective owners, officers, directors, employees, agents, and contractors (collectively, the "Protected Entities"), from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (i) your use of the Service; (ii) your violation of these Terms or any applicable law; (iii) any content, information, or health information you submit through the Service; or (iv) your receipt of any service booked through the Service, except to the extent such claims arise from the gross negligence or willful misconduct of a Protected Entity. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, without relieving you of your indemnification obligations.

10. Third-Party Websites and Services

The Service may contain links to, or content from, third-party websites ("Linked Sites"). MD Health Now has no responsibility for the content, products, services, or practices of any Linked Site, and inclusion of a link does not imply our endorsement. Any reliance on a Linked Site is at your own risk.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER FLORIDA LAW, MD HEALTH NOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOTHING IN THIS SECTION IS INTENDED TO DISCLAIM ANY WARRANTY OR STANDARD OF CARE THAT CANNOT BE DISCLAIMED UNDER FLORIDA LAW WITH RESPECT TO MEDICAL SERVICES RENDERED BY A LICENSED PRACTITIONER.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER FLORIDA LAW, THE PROTECTED ENTITIES (AS DEFINED IN SECTION 9) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED UNDER FLORIDA LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NOTHING IN THESE TERMS IS INTENDED TO LIMIT LIABILITY FOR THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT OF A LICENSED PRACTITIONER TO THE EXTENT SUCH LIMITATION IS PROHIBITED UNDER FLORIDA LAW, INCLUDING CHAPTER 766, FLORIDA STATUTES, GOVERNING MEDICAL NEGLIGENCE CLAIMS.

13. Term and Termination

These Terms remain in effect until terminated. Either party may terminate these Terms at any time. Upon termination, your right to access and use the Service will immediately cease. Sections that by their nature should survive termination, including Sections 4, 9, 11, 12, and 17, will survive.

14. Information

We do not warrant the accuracy, completeness, or timeliness of information made available through the Service. Information available through the Service is provided for your personal use only and may not be resold, redistributed, or used for commercial purposes.

15. Availability

We aim to provide a reliable Service but do not guarantee uninterrupted availability. Planned maintenance and circumstances outside our reasonable control may result in periods of unavailability.

16. Information Security

We use commercially reasonable administrative, technical, and physical safeguards designed to protect your personal and health information. No system can guarantee absolute security, and we cannot promise that unauthorized third parties will never gain access to information collected through the Service. We are not liable for unauthorized third-party access to your account or information, except as required under applicable law.

17. Governing Law, Venue, and Dispute Resolution

These Terms, and any dispute arising out of or relating to the Service or these Terms, are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

You agree that any dispute arising out of or relating to these Terms or the Service, other than a dispute involving alleged professional negligence in the rendering of medical or nursing services (which is governed by Chapter 766, Florida Statutes, including its pre-suit notice and screening requirements), will be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.

18. International Visitors

The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use outside the United States. If you access the Service from another location, you do so on your own initiative and are responsible for compliance with local laws.

19. Intellectual Property and Copyright Infringement

If you believe content on the Service infringes your intellectual property rights, please contact our designated agent at GetWell@MdHealthNow.com, including sufficient detail for us to investigate the claim in accordance with the Digital Millennium Copyright Act.

20. Electronic Communications

By using the Service, you consent to receive communications from us electronically, including by email and text message, and you agree that such communications satisfy any legal requirement that they be in writing. You acknowledge that transmissions over the internet are not guaranteed to be secure or confidential, and that we cannot guarantee the privacy of electronic communications. Carriers are not liable for delayed or undelivered messages.

21. Remedies for Breach

If we determine, in our reasonable discretion, that you have violated these Terms, we may remove you from our communications, discontinue your access to the Service, cooperate with law enforcement, and/or pursue any other remedy available at law or in equity. If your access is discontinued due to a violation, you agree not to attempt to re-register or access the Service under a different name or account. Remedies under these Terms are cumulative and not exclusive.

22. Other Terms

22.1 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. MD Health Now may assign or transfer these Terms without restriction. These Terms bind and benefit the parties and their permitted successors and assigns.

22.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service-Specific Terms, constitute the entire agreement between you and MD Health Now regarding the Service and supersede all prior agreements on the subject.

22.3 Interpretation

The terms "includes," "including," and "such as" are illustrative and not limiting. Headings are for reference only and do not affect interpretation.

22.4 No Waiver

A party's failure to enforce a provision of these Terms is not a waiver of the right to enforce it later.

22.5 Severability

If any provision of these Terms is held unenforceable, that provision will be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

23. Contact Us

If you have questions about these Terms, please contact us at GetWell@MdHealthNow.com.