We here at Quench Hydrate PLLC  (DBA Quench Hydrate) would like to thank you for your use of our website and any content, functionality and services offered on or through the foregoing (collectively, our “Platform”). The terms and conditions set forth herein and any other document(s) incorporated herein by reference (collectively, these “Terms”), together with our (our “Privacy Policy”) govern your use of our Platform we make accessible thereby, so please read them thoroughly before accessing or using our Platform.

 

BY accessing and using OUR PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT UNDER THE APPLICABLE LAW, AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. These Terms are non-transferrable and the access rights granted to you under this Agreement are non-transferable without the express written permission of Quench Hydrate. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, DO NOT USE OUR PLATFORM. If You are using our Platform on behalf of any entity, then you are agreeing to these Terms and our Privacy Policy on behalf of that entity. You are responsible for the actions of any other person who may utilize your access rights on our Platform.

 

If you do not accept these Terms and/or our Privacy Policy, you are not authorized to use our Platform. We reserve the right to modify these Terms and our Privacy Policy at any time and such modification will be effective upon posting to our Platform  and/or provision of email notice to you thereof. Your continued use of our Platform and/or services following any such posting or notification of the revised Terms shall be deemed to constitute your acceptance of any such modifications. Please review these Terms periodically for changes and pay attention to the “Last Updated” date displayed at the bottom of this page.

NO MEDICAL ADVICE; MEDICAL DISCLAIMER

Our Platform is designed to enable you to request intravenous hydration services (among other wellness-related services and offerings) which are provided by licensed medical professionals.  Your use of our Platform will help to identify you to the licensed healthcare professional that will render the care. Your use of the Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The information presented on our Platform is not intended as a substitute for diagnosis or treatment by a qualified physician. Moreover, Quench Hydrate does not recommend changing any current medications or adding any new therapies without consulting a fully qualified physician. Never disregard professional medical advice or delay in seeking it because of something you have read on our Platform!

If you think you may have a medical emergency, call your doctor or 911 immediately. Quench Hydrate does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned anywhere on the Platform. Reliance on any information provided by Quench Hydrate platform is solely at your own risk.

ALL AVAILABLE DRIPS FEATURED ON THE PLATFORM THAT WILL BE ADMINISTERED BY LICENSED HEALTH CARE PROFESSIONALS ARE ELECTIVE TREATMENTS FOR WELLNESS AND HEALTH MAINTENANCE ONLY.  AS SUCH, THESE DRIPS, INJECTIONS OR THERAPIES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Quench Hydrate reserves the right to refuse facilitating services to anyone regardless of any physicians’ assessment, and for any reason.

Our Platform 

Subject to your acceptance of and compliance with these Terms, Quench Hydrate hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use our Platform, solely in accordance with these Terms. To access our Platform, you will be asked to register and maintain an active user account (your “Account”), which may include, among other things, your credit card information and/or other valid payment method. You hereby acknowledge, understand and agree that your use of our Platform is intended for your personal, non-commercial use, unless otherwise previously authorized by us in writing. Please note that Quench Hydrate reserves the right, in our sole discretion, to require presentation of valid identification, prior to providing any services to you.

Collection Of Your Personal Information

Quench Hydrate collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number (collectively, your “Personal Information”). Quench Hydrate also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer and mobile device hardware and software that is automatically collected by Quench Hydrate. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Quench Hydrate for the operation of our Platform, to maintain quality of our services, and to provide general statistics regarding use of our Platform.

Use Of Your Personal Information

Quench Hydrate collects and uses your Personal Information to (i) operate our Platform; (ii) deliver the services you have requested; and (iii) inform you of other products or services available from Quench Hydrate and its affiliates. Quench Hydrate may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Quench Hydrate does not sell, rent or lease its customer lists to third parties. Quench Hydrate may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your Personal Information is not transferred to the third party. In addition, Quench Hydrate may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Quench Hydrate, and they are required to maintain the confidentiality of your information. Quench Hydrate keeps track of the websites and pages our customers visit within our Platform, in order to determine what Quench Hydrate services are the most popular. This data is used to deliver customized content and advertising within Quench Hydrate to customers whose behavior indicates that they are interested in a particular subject area. Quench Hydrate will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with applicable law or legal process served on Quench Hydrate or our Platform; (b) protect and defend the rights or property of Quench Hydrate; and (c) act under exigent circumstances to protect the personal safety of users of Quench Hydrate, or the public.

CONSENT TO USE OF AGGREGATED DATA

You agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. Our collection and use of your Personal Information provided in connection with our Platform will be subject to our Privacy Policy.

TECHNICAL REQUIREMENTS

You are solely responsible and liable for: (a) the selection of our Platform to achieve your intended results; (b) obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage all equipment (including devices) and services necessary for the installation and use of our Platform; (c) providing a safe and suitable location and environment for the installation and use of our Platform; (d) the use, installation, implementation and operation of our Platform and the results obtained therefrom; (e) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (f) maintaining complete and current backup and archival copies of all data contained on your device prior to installing or while using our Platform.

No Unlawful Or Prohibited Use

You may use our Platform only (i) if you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction, and (ii) for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations.

You hereby further undertake not to:

  • Disable, damage, impede, impair, violate or interfere with the functioning of our Platform, its security, its related servers or networks, or any other party’s use of our Platform, whether by the use of malware or otherwise, or otherwise create a denial of service, or falsify the origin of a user’s communications;
  • alter, damage or delete any material appearing on our Platform;
  • Reverse engineer, disassemble, decode or otherwise attempt to derive or gain access to the source code of any software embodied within our Platform or any part thereof;
  • Rent, lend, sell, sublicense, assign, publish, transfer or otherwise make available our Platform or any features thereof, to any third party, for any reason;
  • Remove, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our Platform;
  • Threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of other users; and/or
  • Otherwise engage or cause any third party to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, infringes any third party rights, or which, as reasonably determined by us, may expose Quench Hydrate or the users of our Platform to any liability.

 

Termination/Access Restriction

Quench Hydrate reserves the right, in its sole discretion, at any time and without notice, to terminate your access to our Platform and the related services or any portion thereof (and all other rights granted to you herein). You may terminate your license to use our Platform at any time and for your convenience, by notifying us in writing of your decision.

Upon termination: (i) all rights granted to you under these Terms will be terminated; (ii) you must cease all use of our Platform; (iii) you will remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to our services. For the avoidance of doubt, termination of your use of our Platform will not limit in any way and of Quench Hydrate’s rights or remedies at law or in equity, all of which are expressly reserved hereby.

Fees, Payment, & Refunds

You hereby agree to pay Quench Hydrate the full payment for all scheduled service(s) when a booking is made, pursuant to all Quench Hydrate payment terms and conditions. Refunds are not issued for any service.  Appointments or memberships may be canceled by sending an email to financial@quenchydrate.com or by calling 702-829-0121.

In addition to the foregoing, if the designated medical professional determines in his/her sole discretion that you have misrepresented yourself in regards to the information you supplied via the Platform and/or if, at the time of your appointment, you are under the influence of drugs and alcohol, such professional will not render the services ordered and you will be charged the full payment amount therefor.

Upon acceptance of these Terms and each time you place an order for services, you hereby authorize Quench Hydrate to charge your credit card (or other payment method) for the applicable fees, charges and taxes.

 

Use Of Communication Services

 

In the event our Platform allows you to contribute content, including by uploading data and information, posting messages, sending or sharing files and communicating with others, including the public at large (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Moreover,  you agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through our Platform any data, text, images, files, links, software, or communications that (i) we consider, in our sole and absolute discretion, to violate any applicable laws, including without limitation the laws of the United States; (ii) restricts or inhibits any other user from using and enjoying our Platform; (iii) is threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent; (iv) contains viruses, worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network; (v) violates or infringes the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; rights under defamation law; or rights under any securities or other applicable law; (vi) sells or promotes any product or service; (vii) promotes, solicits, or partakes in any multi-level marketing or pyramid scheme; (viii) posts or transmits any unsolicited advertising, or promotional materials (spam); or (ix) provide a false identity or claim a relationship between you and any business, organization, or person for which you are not authorized or legally permitted to claim such a relationship.

 

Quench Hydrate has no obligation to monitor the Communication Services. However, Quench Hydrate reserves the right to review materials posted to our Platform and to remove any materials in its sole discretion. Quench Hydrate reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Quench Hydrate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Quench Hydrate’s sole discretion. Always use caution when giving out any Personal Information about yourself or your children in any Communication Service. Quench Hydrate does not control or endorse the content, messages or information found in any Communication Service and, therefore, Quench Hydrate specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Quench Hydrate spokespersons, and their views do not necessarily reflect those of Quench Hydrate. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Intellectual Property

Our Platform, and the information and material therein, including our Platform’s features, functionality and content are the exclusive property of Quench Hydrate, its licensor and/or providers of Third Party Materials and are protected by copyright or other intellectual property laws. Using our Platform does not give you ownership of any intellectual property rights in our Platform or the content you access.

In the event you elect to communicate to us feedback and suggestions for improvements in connection with our Platform, or post, upload, input or submit to any Platform or its associated services any materials (collectively “Submissions”), Quench Hydrate shall own all right, title, and interest in and to the same and shall be entitled to use them without restriction. No compensation will be paid with respect to the use of your Submission, as provided herein. Quench Hydrate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Quench Hydrate’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Materials.

 

Our Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, “Third Party Materials”). You acknowledge and agree that Quench Hydrate is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Quench Hydrate does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

 

Liability Disclaimer

THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUENCH HYDRATE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR PLATFORM AT ANY TIME. ADVICE RECEIVED VIA OUR PLATFORM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. QUENCH HYDRATE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE INTEGRITY, COMPETENCE, QUALIFICATIONS, STANDING, STATUS, SUITABILITY, COMPLIANCE WITH PROFESSIONAL RULES, ACCURACY OR LEGALITY OF ADVICE OF MEDICAL PROFESSIONALS, OR THE OUTCOME, QUALITY, OR COMPLETION OF THEIR SERVICES.

 

QUENCH HYDRATE (including its personnel) does not make ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF OUR PLATFORM OR OUR SERVICES.  WITHOUT LIMITING THE FOREGOING, QUENCH HYDRATE DOES NOT REPRESENT OR WARRANT RESULTS OF THE USE OF OUR PLATFORM, ITS CONTENT OR ANY OF OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUR WEBSITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR PLATFORM OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QUENCH HYDRATE (INCLUDING ITS STAFF) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

Limitation on Liability

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR PLATFORM AND THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL QUENCH HYDRATE OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING ANY LOSS OF PROFITS OR ANTICIPATED SAVINGS, ANY EMOTIONAL DISTRESS, LOSS OF DATA, USE, GOODWILL, OR OTHER MONETARY OR INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF (OR DELAY OR INABILITY TO ACCESS OR USE) OUR PLATFORM (INCLUDING OUR SERVICES); (2) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (3) ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS SUBMITTED TO OR OBTAINED/ACCESSED THROUGH OUR PLATFORM; (4) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH OUR PLATFORM; OR (5) ANY COMMUNICATIONS OR DEALINGS WITH, OR CONDUCT OF OTHER USERS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QUENCH HYDRATE (INCLUDING ITS STAFF) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF QUENCH HYDRATE, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF OUR PLATFORM, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR direct SERVICES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. YOU AGREE THAT LIMITATION AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING OUR PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Notices And Procedure For Making Claims Of Copyright Infringement

 

We respect the rights of owners of intellectual property and expect our users to conduct themselves accordingly. If you believe that any information or material violates these Terms, infringes upon your copyrights or otherwise should be removed, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), please immediately notify us by email Subject line: “DMCA Takedown Request”) or by mail at the address specified below and include the following information (see 17 U.S.C 512(c)(3) for further detail): (i) Identification of the copyrighted work(s) or material claimed to have been infringed or to be the subject of infringing activity and that is to be removed (provide information reasonably sufficient to permit us to locate the material); (ii) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.

 

If you believe that any content provided by you was improperly removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner or its agent, or by law, to post and use such content, you may send us a counter-notice containing the following information: (i) Your name, address, telephone number, and e-mail address and your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and that you will accept service of process from the person who provided notification of the alleged infringement.  We have the right but not the obligation to send a copy of such counter-notice to the original complaining party informing them that we may replace the removed content or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of such counter-notice, at our sole discretion.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Quench Hydrate, our affiliates, independent contractors and consultants, and each of their respective officers, employees, agents, affiliates, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of or inability to use our Platform; (ii) your breach of violation of these Terms, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct.

 

Privacy

 

Quench Hydrate is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. Our Privacy Policy sets forth our privacy practices.  Please review that policy carefully and make sure that you agree to the provisions contained therein before using any of our Services.

 

Updates

 

Quench Hydrate may, from time to time, in its sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and you acknowledge and agree that our Platform or portions thereof may not properly operate should you fail to do so.

 

Force Majeure

 

In addition to applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms will not be considered a breach of these Terms and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.

 

Assignment; No Third Party Beneficiaries

 

These Terms and our Privacy Policy shall not be assignable by you, either in whole or in part and any attempted assignment or delegation will be null, void and of no effect.  We reserve the right to assign all or a portion of our rights and obligations under these Terms and our Privacy Policy, in our sole discretion. This Terms and our Privacy Policy shall be binding and inure to our benefit and each of our successors and assigns. The covenants set forth in these Terms are intended solely for the benefit of Quench Hydrate, its successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of these Terms.

 

Governing Law; VENUE; Limitation of Time to File Claims

 

The validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform shall be governed by the internal laws of the State of Nevada, without reference to choice of law doctrine.

 

Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform, shall be brought exclusively in the Federal and State courts located in Las Vegas, Nevada, and the Parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO VOLUNTARILY WAIVES (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR OUR PLATFORM), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Miscellaneous

 

These Terms constitute the entire agreement between you and Quench Hydrate with respect to our Platform, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. Your access of our Platform shall not be construed as creating a partnership, employment, agency, or joint venture relationship between Quench Hydrate and you. No failure to nor delay in exercising any right or any power hereunder by either party shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase agreement or other terms, these Terms shall govern. If any provision of these terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

Notices; Contact Us

 

Any notices or other communications permitted or required hereunder will be in writing and delivered by Quench Hydrate to you (i) by email (to the address that you maintain with your Account); or (ii) by posting on our Platform. You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notices shall be deemed effective one (1) business day after successful transmission (or posting) thereof. Should you have any questions about these Terms or otherwise need to contact us for any reason, please or contact us at: Quench Hydrate PLLC, 11251 S Eastern Ave #150, Henderson, NV 89052

 

COPYRIGHT AND TRADEMARK NOTICES: All contents of our Platform are: COPYRIGHT 2022 by Quench Hydrate and/or its suppliers. All rights reserved.

 

Last Updated: January, 2023