These terms and conditions (“Terms and Conditions”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Liquivida, LLC and its subsidiaries (collectively, “Liquivida,” “we,” “us,” and “our”), including the https://liquivida.com website and any mobile applications (collectively, the “Site”), as well as the available to users through the Site. Liquivida provides an online platform for connecting prospective clients with independent franchise owners, third-party physicians and other healthcare professionals (individually the “Provider” and collectively the “Providers”) to obtain wellness services at franchise wellness centers. The professional medical services (which are provided by Franchisee Providers) and the non-clinical Site services (which are provided by Liquivida) are collectively referred to in these Terms and Conditions as the “Services.” The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your Liquivida Account.
Your acceptance of, and compliance with, these Terms and Conditions is a condition of your use of the Site and Services and purchase of Services. By clicking “accept,” “continue,” or “purchase,” you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms and Conditions, the Notice of Privacy Practices provided to you by the Providers, Centers and Liquivida, and our Privacy Policy.
If you do not agree to be bound by these Terms and Conditions, you are not authorized to access or use this Site or Services; promptly exit this Site.
Binding Arbitration. These Terms and Conditions provide that all disputes between you and Liquivida that in any way relate to these Terms and Conditions or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms and Conditions. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details and regarding your agreement to arbitrate any disputes with Liquivida.
Independent businesses own and operate many Liquivida wellness centers.
While Liquivida operates and controls the corporate online services, it is not responsible for the operation of most wellness centers. Most wellness centers are instead owned and operated by independent franchisees of Liquivida and some are operated by Liquivida subsidiaries (such franchisees and subsidiaries are together, “Centers”). Each center is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products and services to you, and for any employment related matters in the Centers.
You agree that information provided by you in connection with the Services and Site shall be governed by the Liquivida Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by Liquivida and the Provider privacy practices, and is hereby incorporated and made a part of this Agreement.
We offer an online communication platform for Centers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Centers.
Liquivida does not provide medical advice or care. Liquivida contracts third-party, independent, physician-owned medical groups with a network of United States based Providers who provide clinical telehealth services. Liquivida provides the Liquivida platform to assist the patients. The Providers and Centers, and not Liquivida, are responsible for the quality and appropriateness of the care they render to you.
The Centers are independent franchisee owners of Liquivida and are merely using the Site as a way to communicate with you. Any information or advice received from a center comes from them alone, and not from Liquivida. Your interactions with the Centers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Liquivida, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a center via the Site or Service, nor any information obtained on the Site. Liquivida does not recommend or endorse any specific providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any center(s) or information delivered by the Centers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Liquivida does not make any representations or warranties about the training or skill of any Centers that deliver Services via the Site or Service.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Liquivida. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Liquivida, or in connection with any communications supported by Liquivida, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Liquivida facilitates your selection of, and communications with, Centers and Providers, Liquivida does not provide medical services, and the doctor-patient relationship is between you and the center you select.
Limited Agency
By accepting these Terms and Conditions, you appoint Liquivida as your agent to (a) obtain your medical information, including protected health information (“PHI”) subject to the Health Insurance Portability and Accountability Act (“HIPAA”), including exercising your right to obtain access to your PHI pursuant to 45 C.F.R. § 164.524 on one or more occasions; (b) contacting providers on your behalf to request information necessary to provide the Services; or (c) creating other tailored healthcare experiences. By accepting these Terms and Conditions, Liquivida is authorized to act as your agent solely for the purpose of providing the Services outlined in these Terms and Conditions. Your appointment of Liquivida as your agent will end if this Agreement is terminated as expressly permitted herein.
Neither this Agreement, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship, aside from the limited agency to provide Services to you between you and Liquivida or the Providers or Centers. You may not enter into any contract on our behalf or bind us in any way.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Liquivida’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow-up care when recommended by a center’s provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Liquivida, the Centers, and the Providers are subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to create your Liquivida Account (“Account”) fully, accurately, and truthfully, by providing information such as your name, mailing address, phone number, email address, and password, which become your Liquivida ID and credentials. The Liquivida ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Liquivida ID and/or credentials, and for all activities that occur under such Liquivida ID and/or credentials. You agree to prohibit anyone else from using your Liquivida ID and/or credentials and agree to immediately notify Liquivida of any actual or suspected unauthorized use of your Liquivida ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Liquivida at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Liquivida will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Users Under Aged 18 Unauthorized
The Site and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please call us 844-LIV-2100.
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Liquivida may contact you by telephone, mail, or email to verify your Account information. Liquivida may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
By providing your phone number, you are agreeing to be contacted by or on behalf of Liquivida at the number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.) and marketing communications relating to the Site and Services. You can opt out of receiving further calls and text messages from us by exercising your rights in our Privacy Policy. Please note that by withdrawing your consent, some Site features and certain Services may no longer be available to you.
Message and data rates may apply. To stop receiving text messages text the word STOP to (786) 882-9606, (855) 617-5664, (866) 970-9750, (786) 460-7204, (786) 977-9259, (866) 798-9534, (954) 287-0386, (754) 310-3279, (754) 704-1240, (956) 306-1526, (210) 791-7274, (210) 864-7679, (305) 251-2395 or the number that texted you, or by updating your profile on our Site to opt out of receiving such messages. We may confirm you have opted by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services. YOU AGREE TO NOTIFY LIQUIVIDA IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM LIQUIVIDA. YOU AGREE TO INDEMNIFY LIQUIVIDA FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO LIQUIVIDA.
All pages within this Site and any material made available for download are the property of Liquivida, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
Subject to these Terms and Conditions and the payment of all applicable fees, Liquivida grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Liquivida or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Liquivida. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Liquivida without express written consent. You may not use any meta tags or any other “hidden text” utilizing Liquivida’s name or trademarks without the express written consent of Liquivida. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Liquivida. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Liquivida without our express written consent.
Although Liquivida attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Liquivida so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Liquivida shall have no responsibility or liability for information or content posted to the Site from any non-Liquivida affiliated third party.
Liquivida reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
Liquivida makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Liquivida site, including websites and applications connected to the Centers and/or Providers, please understand that it is independent from Liquivida, and that Liquivida has no control over the content on that website. In addition, a link to a non-Liquivida website does not mean that Liquivida endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to review all applicable terms of use, privacy policies, consent, and to ensure whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Liquivida that you have the legal right and authorization to provide all User Information to Liquivida for use as set forth herein and required by Liquivida.
Liquivida may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Liquivida may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Liquivida; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Liquivida from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 11.
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Liquivida respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Liquivida’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.
Liquivida
3708 N. Ocean Blvd
Fort Lauderdale, FL 33308
With the exception of your electronic medical record, Liquivida, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Liquivida (in that case, the licensed Provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Liquivida or Liquivida, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Liquivida trademarks, service marks, and logos are strictly prohibited without the prior written permission of Liquivida, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Liquivida, or the third-party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Liquivida may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Liquivida is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 7, above (Consent to Receive Calls and Text Messages). Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.”
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Liquivida Products or Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Liquivida and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Liquivida and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Liquivida or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
Liquivida DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Liquivida DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. Liquivida DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
Liquivida SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF Liquivida, THE PROVIDERS, OR THE CENTERS. Liquivida AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Liquivida TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Unless expressly stated in the Terms and Conditions to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Liquivida, and their affiliates. Nothing in the Terms and Conditions is intended to relieve or discharge the obligation or liability of any third persons to you, Liquivida and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Liquivida and its affiliates.
You may not assign, transfer, or delegate the Terms and Conditions or any part thereof without Liquivida’s prior written consent. Liquivida may freely transfer, assign, or delegate all or any part of the Terms and Conditions, and any rights or duties hereunder or thereunder. The Terms and Conditions will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
We will try to work in good faith to resolve any issue you have with Site, including without limitation, Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a Customer’s satisfaction.
You and Liquivida agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms and Conditions or your use of the Site, including without limitation, Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Liquivida are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and Conditions and any other contractual relationship between you and Liquivida.
If you desire to assert a claim against Liquivida, and you therefore elect to seek arbitration, you must first send to Liquivida, by certified mail, a written notice of your claim (“Notice”). The Notice to Liquivida should be addressed to: Liquivida, 3708 N. Ocean Blvd, Fort Lauderdale, FL 33308 (“Notice Address”). If Liquivida desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Liquivida, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Liquivida and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Liquivida may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Liquivida or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Liquivida receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms and Conditions. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms and Conditions, including, but not limited to, this arbitration agreement. Unless Liquivida and you agree otherwise, any arbitration hearings will take place in Broward County, FL. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Liquivida’s last written settlement offer made before an arbitrator was selected (or if Liquivida did not make a settlement offer before an arbitrator was selected), then Liquivida will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND Liquivida AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Liquivida agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If the arbitration terms and conditions of this Section 19 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms and Conditions shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Ft Lauderdale, Florida.
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemics, epidemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
You agree to defend, indemnify, and hold harmless Liquivida, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services or any information posted on the Site; (ii) your breach of the Terms and Conditions or Privacy Policy; (iii) the content or subject matter of any information you provide to Liquivida, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including, but not limited to, indemnity and limitation of liability clauses, shall survive.
This Agreement constitutes the entire agreement between you and Liquivida applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
Anything on the Services inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Liquivida reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Liquivida reserves the right to modify these Terms and Conditions at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms and Conditions each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions constitute the entire agreement between Liquivida and you pertaining to the subject matter hereof. In its sole discretion, Liquivida may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright/Trademark Information. Copyright ©2024 Liquivida. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
How to Contact Us:
Liquivida
3708 N. Ocean Blvd
Fort Lauderdale, FL 33308
Telephone: (844)-LIV-2100
