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Terms and Conditions

CONSENT, WAIVER & RELEASE OF LIABILITY 

By using this service and application, you acknowledge that, with respect to services rendered by Phoenix Enterprises Intl, Inc. dba Rally, Rally IV Hydration, Rally Life etc., and their Directors and Officers, Employees, Independent Contractors, and Agents (individually and collectively “Company”), I understand the following:

1. DISCLAMER 

Company provides referral access to IV Hydration Therapy, related services, and information through contracted Service Providers (the “Services”) and does not provide any medical or psychological diagnosis, treatment, care, opinion, or guarantee. Company does not practice medicine or psychology, does not solicit patients, does not provide any professional healthcare or clinical advice or services, and does not create or maintain any professional relationship with me. Services provided by the Company are not comprehensive and do not include all the potential information and services regarding the matter or situation at hand, but are merely intended to serve as one general and educational resource. If I have or suspect I may have a medical or psychological problem, I should consult my Medical Doctor or Psychologist or appropriate Health Care Provider. If I think I have a medical emergency, I will call 911 immediately. I will never disregard or delay medical advice received from my Licensed Healthcare Provider based on information or Services received from Company. I should always consult my Physician, Psychologist, or Licensed Healthcare Provider before seeking any new treatment, or before I alter, suspend, or initiate any change in my medical or psychological treatment, medication or herbal supplement, routine, or procedure. Even if Company provides online services, Company does not have a 24-hour hotline for medical emergencies; nor does Company handle requests in crisis situations, such as if I am feeling suicidal or in need of immediate assistance due to emotional crisis. If I am in crisis, I should contact a crisis help line, such as the National Suicide Hotline (800-273-8255). Even if some personnel engaged by Company to provide Services have medical or paramedical training, they are not functioning in any clinical or licensed medical or psychological capacity, but are only providing selfhelp resources to me.

2. ELIGIBILITY 

I represent and warrant that: 

  1. I am at least eighteen (18) years of age age and that I possess the legal right and ability to enter into agreements including this one. 
  2. I am solely responsible for knowing and complying with the law including with respect to my access to and consumption of alcohol or other substances and subsequent conduct. 
  3. I understand that the Company may in its sole discretion refuse or terminate Services to me at any time for any reason, and that my sole remedy under any circumstance will be the Customer Remedy which is defined as follows:
    1. A pro rata refund of any charge I have paid for Services, given in Company’s sole discretion—provided, that:
      1. I must bring any claims within one (1) month since the event giving rise to such action occurred
      2. I understand that I hereby waive my right to participate in any class action lawsuit.
      3. I agree to fully, accurate, and truthfully state my name and contact information below.

3. RISKS & WARNINGS 

I understand that consuming alcohol can cause major health problems, including cirrhosis of the liver, injuries sustained in automobile accidents, and many other diseases. Company does not advocate the abuse of alcoholic beverages or any substance. Company does not promote misuse of alcohol, alcoholism, hazing, binge drinking, or any other form of alcohol abuse. Company discourages drinking and driving; and Company does not warrant that the Services will relieve or mitigate the effects of alcohol or make it safe for me to operate a motor vehicle. Company believes that those who use alcohol must do so with moderation and caution.

4. NO REPRESENTATIONS, CLAIMS OR GUARANTEES: 

Company makes no representations, claims or guarantees that any medical or psychological problems or conditions will be cured, solved, treated, diagnosed, mitigated, or relieved by receiving Services. I am responsible to disclose to Company any contraindications to Services. 

The services provided have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. The material on this website is provided for informational purposes only and is not medical advice. Always consult your physician before beginning any therapy program. Any designations or references to therapies are for marketing purposes only and do not represent actual products.

5. NO WARRANTIES

Company provides Services on an “as is” basis. Company does not provide any express warranties or representations. To the fullest extent permissible under applicable law, Company disclaims any and all implied warranties and representations of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and noninfringement. If I am dissatisfied or harmed by anything relating to the Services, my sole and exclusive remedy will be the Customer Remedy.

6. SPACE OR EQUIPMENT 

Company is not responsible or liable to me for the condition of space or equipment rented by Company but owned by a third party for or during delivery of Services.

7. LIMITATION OF LIABILITY

Company is not liable for any damages (including, without limitation, direct, indirect, incidental, special, and consequential damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not Company has been advised of the possibility of such damages)) or damages resulting from lost data or business interruption resulting from provision or non-provision of the Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, Company’s sole liability for any reason to me, and my sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the Customer Remedy.

8. ASSUMPTION OF RISK 

I knowingly, voluntarily, and intelligently decide to receive the Services and to assume all risks (including without limitation any injury, harm, illness, damage, loss claim, liability or expense of any kind or nature) involved in the same.

9. INDEMNIFICATION

As a result of my assumption of these risks, I agree to release, hold harmless, indemnify, and defend Company from and against any and all claims which I (or my representatives) may have for any loss, damage, or injury arising out of or in connection with use of the services described above. Consequently, I also agree not to pursue a claim against Company, simply because I am dissatisfied with the results of the Services.

10. NO INSURANCE, FINANCIAL RESPONSIBILITY

Company does not participate in any insurance panel or program and does not accept assignment from any insurance company. Company will not submit any claim to any insurance company; Company has no responsibility to determine eligibility for, or collect, any insurance benefit. Company cannot guarantee that any of the Services are covered by any insurer. I am responsible for payment in full for Services as determined by Company.

11. NO REFUNDS

Other than the Customer Remedy, Company does not offer any refund for Services. If Company does decide to offer the Customer Remedy or any other or additional refund, on a case-to-case basis, in Company’s sole discretion, this does not imply or create any future obligation by Company to provide any refund.

12. ARBITRATION; CHOICE OF LAW 

Any claim relating in any way to the Services (including but not limited to any claim of negligence, wrongful death, or property damage), will be determined by submission to arbitration, administered by the American Arbitration Association in accordance with its commercial arbitration rules in Los Angeles, California. Judgment on the award may be entered and enforced in any court having jurisdiction. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Any disputes arising out of or relating to this form will be interpreted under California law without regard to any conflicts of laws provisions.

13. NO RESPONSIBILITY FOR INDEPENDENT CONTRACTORS

Company has no responsibility or liability to me for the actions of independent contractors or third parties, and it is my sole responsibility to check the credentials and qualifications of any persons who provide Services.

14. NON-DISPARAGEMENT

I will not disparage Company in any forum.

15. SEVERABILITY 

If any portion of this form is held invalid, the rest of the document will continue in full force and effect.

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