DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR ANIMAL THAT IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
Acceptance of Terms
Vetted Petcare, Inc., a Delaware corporation, doing business as Vetted, and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, "Company or Vetted") welcome you to use our Website (www.vettedpetcare.com) and our Mobile Application. Vetted was created with the intention of providing information and a mechanism to connect veterinarians ("Consultant" or "Consultants") and Pet Owners ("You" or "Your") through in-person consultations and medical treatment for common medical conditions & telephonic and video follow-up consultations through the use of the Website and/or Mobile Application.
Use of the Website, the Mobile Application and/or our Services is restricted to individuals who permanently reside in the United States of America and are at least 18 years of age. The Website, Mobile Application, and/or Services are provided solely for Your personal use. When using the Website, Mobile Application and/or Service, You agree to fully comply with all applicable laws, statutes, regulations and applicable judicial and administrative decisions. You are not authorized to use any portion of the Website, the Mobile Application or Services if you do not meet the stated requirements.
If You do not agree to all of the Terms of this Agreement, do not use the Website, the Mobile Application or our Services. Vetted may revise and update this Agreement at any time. Your continued use of the website, the mobile Application or our Services will mean you accept the revised Agreement. All references to the "Application" in this Agreement shall be construed to also include our Website (if applicable).
Please carefully read all of these Terms before using the Website, the Mobile Application and/or the Services, as it constitutes a legal contract that affects Your rights and obligations or of Your parent(s) or legal guardian(s) should you be less than 18 years of age.
Sections X and Y of these Terms indicate that You and the Company agree to arbitrate certain claims instead of going to court and further agree there will be no class action claims.
As used in these Terms, "Consultant" refers to a person who is a licensed veterinarian in their state of residence in the USA and provides information to You through the Website, Mobile Application and/or Service. The Company makes no representation that said Consultant is licensed in the state in which You and Your pet are located.
Vetted is an information service provider and technology platform that provides patients with health information and serves to connect You with a health care professional that may be able to provide You and Your pet with medical services (non-emergency general healthcare services) in the comfort and convenience of a patient's home, office, or workplace, allowing the Consultants to diagnose and deliver medical treatments in-person. The health care professional that You choose to provide Your pet with treatment is solely responsible for providing You with medical services.
When You use the Website, the Mobile Application and/or the Services, You are communicating with the Company electronically. You agree that all agreements, notices, disclosures and other communications the Company provides to You electronically satisfy any legal requirement that such communications be in writing.
In order to obtain our Services You must agree to provide the Company with certain personal information (phone number(s), e-mail address(s), current address, etc.) and create a membership account (User Account). All information within User Account must be maintained and kept current and up-to-date; You agree at all times to keep Your contact and billing information (including but not limited to E-mail address[es]) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active accounts.
You are responsible for maintaining the confidentiality of Your user name, password and User Account data, and may not share this information or Your User Account with anyone else, and will be solely responsible for all acts or omissions that occur under Your User Account. You will immediately notify the Company of any unauthorized use of Your password or User Account.
You may only create one account on the Website, provided that multiple pets can be added under Your User Account.
You also agree that You will not choose or use a user name that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person's User Account or log in details to access the Website, the Mobile Application and/or Services
It is imperative that You provide accurate and truthful information about your identity and Your pet's health and physical condition during the registration process and at time of using the Website, the Mobile Application and/or the Services. By filling in the User Account information requested you represent and warrant to Vetted that all of the personal information you provide during this process is true and correct. Vetted reserves the right to refuse or cancel Your User Account or your use of the Website, the Mobile Application and/or the Services if Vetted determines that You have not provided complete and accurate information regarding your identity and/or have not provided accurate health information.
The Website may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or any other damage arising, in whole or in part, from such problems.
Veterinarian-Client-Patient Relationship ("VCPR")
You acknowledge that if Your pet needs immediate medical attention that You should and will promptly take Your pet to the nearest emergency veterinary facility.
All communications with Consultants provided through the Website are to be used for general information only and are not a substitute for an in-person visit and evaluation; You agree that no Veterinarian-Client-Patient-Relationship ("VCPR") is established in connection with the Website. VCPR is only established when Services are provided in-person (in the use case of Vetted, an in-home consultation).
The information and views provided by the Consultants through the Website, the Mobile Application and/or the Service are those of the individual Consultant that You are obtaining information from and not necessarily the views of The Company, its Members, Managers, Consultants, veterinarians, employees, agents, advertisers or affiliates. The Company makes no claim, promise, or guarantee about the accuracy or completeness of any information provided through the Website, the Mobile Application or the Service. All information obtained directly or indirectly from the Website or Service is provided at Your own risk. Vetted may also provide technology led solutions and services at a future date to treat/diagnose Your pet (including, but not limited to text and chat based support, E-mail, phone support, or video chat). By agreeing to these Terms, You hereby acknowledge the limitations of providing information relating to a pet that has not had an in-person physical examination and hereby assume all risk related thereto. Consultants who provide information through the Website, the Mobile Application and/or Service are not practicing veterinary medicine in providing such information. You should never disregard medical advice by Your primary veterinarian(s) or delay in expeditiously seeking medical care from Your primary veterinarian(s) because of information provided to You by a Consultant or that is otherwise provided through the Website, the Mobile Application and/or the Service.
You agree that a Veterinarian-Client-Patient-Relationship is only established when Services are provided during a house-call.
Confidentiality; Veterinary Medical Records & Information
Communications accomplished through the Website, the Mobile Application and/or the Service are not confidential or privileged and will not be the subject of any associated confidences or privileges. You agree that all communications (text, chat, E-mail, video chat, phone support) may be recorded and reviewed for training and quality control purposes. You hereby consent to the Company obtaining Your pet's medical records from the person(s) You indicate as Your primary veterinarian(s) and the Company providing information to such primary veterinarian relating to Your usage of the Website and Service. You authorize copies or summaries of the medical records and images pertaining to Your pets to be released to the Company by fax, first-class mail or by E-mail. You hereby consent to the Company's storage of Your pets' medical records in the Company's system so that they can be reviewed by Consultant(s) You speak with or distributed to emergency or specialty referral hospitals at Your request in the event that Your pet might need emergency care at a time when Your primary veterinarian(s) might not available to care for Your pet.
Verification; No Reliance on the Words "Consultant" or "Consultants"
The Company uses reasonable efforts to verify that every Consultant providing information and treatment/diagnosis through the Website, the Mobile Application and/or the Service has obtained a degree from an American Veterinary Medical Association ("AVMA") accredited college or school of veterinary medicine (D.V.M. or V.M.D.). While the Company strives to admit only the best-quality doctors of veterinary medicine to provide information, the level of knowledge and experience of each Consultant is not guaranteed by the Company. You agree the Company will not be liable for any loss or damage (actual, contingent, consequential, direct, indirect, incidental, economic, noneconomic, liquidated, unliquidated, special, exemplary or otherwise) caused, in whole or in part, by Your use or reliance on any information or content obtained from the Consultant or through the Website, the Mobile Application and/or Service.
You agree that You will not, in connection with the Website, The Mobile Application or Service:
infringe on any proprietary rights, intellectual property rights, or rights of publicity or privacy or adopt unauthorized use of copyrighted material; violate any federal, state or local laws, statutes, ordinances, regulations, court decisions or ethical codes;
be defamatory, libelous or slanderous, trade defamation, libel or slander;
unlawfully threaten, annoy, or harass any person or entity; impersonate another person;
transmit any materials that are unlawful, harmful, threatening, abusive, annoying, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by the Company in its sole discretion;
engage in any unsolicited advertising or unlawfully promote products, services, individuals, entities or organizations;
engage in disruptive activity such as, but not limited to, sending multiple messages in an effort to monopolize a forum; upload or infect the Website with any viruses, Trojan horses, malware or other computer programming routines that damage or may damage; detrimentally interfere with, surreptitiously or clandestinely intercept or expropriate any system, data, metadata or personal information;
create liability for the Company (including its Members, Managers, Consultants, veterinarians, employees or agents) or cause the Company to lose or be deprived of, in whole or in part, the services of the Company's ISP's or other suppliers.
You may not consummate any transaction that was initiated using the Company's Website that could cause the Company, in whole or in part, to violate any applicable federal, state or local law, statute, ordinance, regulation, court decision, or international convention to which the USA is a signatory to and has ratified.
You may not record, in whole or in part, any conversation or video chat with a Consultant.
You may not re-sell, transmit, convey, transfer, license, assign or collateralize or make any commercial or proprietary use, in whole or in part, of the Company's system or the content on the Company's Website without the Company's express prior written consent. You are prohibited from soliciting other users of the Website, the Mobile Application or Service, including Consultants, for any purpose (including inviting or encouraging Consultants to contact You off of the Website/Mobile Application or inviting users or Consultants to participate in a website, service or chat room, which competes with the Website or Service).
Suspension or Termination
Subscription, Payment & Cancellation Policy
You agree that You are responsible for all charges and fees incurred in connection with Your User Account and You expressly authorize the Company to charge the credit card provided by You for any purchases You may make. You confirm that You will have lawful right to provide payment information the Company for use in processing Your payments.
Notwithstanding any other terms, the Company reserves the right to limit, suspend or cancel Your User Account in its entirety at any time for any reason or for no reason including, but not limited to, Your excessive use, misuse of the Website, the Mobile Application or Service, annoyance, harassment etc. as determined by the Company in its sole discretion. The Company reserves the right to initiate special incentive pricing, membership and other programs. These may be limited, at the Company's sole discretion, to defined and limited existing users or new users.
If You cancel your appointment less than twenty four (24) hours before the appointment start time, you will be charged the full amount for an in-home visit. If Your pet exhibits aggressive behavior and/or the Consultant, veterinarian, or individual providing care to Your pet is in any sort of danger or feels they are in any sort of danger, You will be charged the full amount for an in-home visit, even if the visit ends prematurely.
Receipt of Special Offers & Other Communications
By accepting these Terms, You agree to receive coupons, special offers, and other communications from the Company.
By joining or using the Website, the Mobile Application or Service, You agree fully to indemnify, hold harmless and defend the Company, Consultants, each of their affiliates and all the veterinarians, employees and agents of any of the foregoing from and against any claims, damages (actual, contingent, consequential, direct, indirect, incidental, liquidated, unliquidated, economic, non-economic, special, exemplary or punitive), losses, liabilities, costs and expenses (including reasonable attorneys' fees), arising out of or relating, in whole or in part, to You, Your appointment(s) or Your use of the Website, Mobile Application or Service, except to the extent the foregoing arises directly from the Company' s gross negligence or willful misconduct.
The Company's services are available only to, and may only be used by, individuals who are at least 18-years of age and who can form legally binding contracts under applicable law. Individuals who are not at least 18-years of age can use this Website and Service only in conjunction with and under the direct supervision of a parent or legal guardian. In such a situation the parent or legal guardian is the user and is responsible for any and all activities, subscribers and purchasers.
Intellectual Property Rights
Unless otherwise noted, all content contained on the Website is the property of the Company and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by USA copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Copyright Infringement; Notice & Take-Down Procedures
If You believe that any materials on this Website infringe Your copyright, You may request that they be removed. This request must contain:
date (day, month, year) and an original signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information;
identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
identification of the material that You believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help the Company to locate the material;
Your full name, full and current address, telephone number(s), and E-mail address(es);
statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
a statement that the information in Your claim is accurate; and
a statement that based upon Your personal knowledge and "under penalty of perjury of the laws of the United States." You declare that You are the lawful copyright owner or are expressly authorized to act on the owner's behalf.
Disclaimer or Limitation of Warranties; Limitation of Liability
BY USING THE WEBSITE, THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT VETTEDIS NOTA MEDICAL ORGANIZATION, VETERINARY HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.
YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS CONCERNING TO YOUR PET. THE WEBSITE, SERVICE, VETERINARIANS AND ANY INFORMATION OR MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THEM ARE ALL PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, THE COMPANY, VETERINARIANS, EMPLOYEES, AGENTS. AFFILATES, LICENSORS, CONTRACTORS AND THIRDPARTY PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY, MEMBERS, MANAGERS, CONSULTANTS, EMPLOYEES, AGENTS, LICENSORS, AFFILATES, CONTRACTRORS AND THIRD-PARTY PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE WEBSITE WILL BE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY, MEMBERS, MANAGERS, CONSULTANTS, VETERINARIANS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, CONTINGENT, LIQUIDATED, UNLIQUIDATED, ECONOMIC, NON-ECONOMIC, OR EXEMPLARY DAMAGES THAT RESULT FROM THE SITE OR SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH ANY OF THEM, EVEN IF THE COMPANY OR A CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY, CONSULTANTS OR THEIR MEMBERS, MANAGERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR THIRD-PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICE EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF THE CLAIM.
YOU AGREE THAT ANY CLAIMS YOU MAY HAVE UNDER THESE TERMS AGAINST THE COMPANY MAY NOT BE BROUGHT AGAINST VETTED PETCARE, INC. OR ANY OTHER ENTITY AFFILIATED WITH THE COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Third-Party Websites
This Website may contain links to third-party websites that are provided to You as a convenience. Any outside website accessed from the Company's Website is independent from the Company, and the Company has no control over the content or services of such websites. The Company is not responsible for the content of any linked website or for any loss or damage incurred in connection with Your use such links or dealings with the operators of such third-party websites.
No Implied Endorsements
In no event will any reference to any third-party or third-party product, service, individual or entity be construed as any approval or endorsement by the Company of that third-party or of any product, service, individual or entity provided by a third-party. Likewise, a link to any third-party website does not imply that the Company endorses or accepts any responsibility for the content or use of such a website. The Company does not endorse, warrant or guarantee any product, service, individual or entity offered by any third-party through an on-line discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third-party providers of products, services, individuals or entities. As with the purchase of a product or service and/or the retaining or conferring with any individual or entity through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.
United States of America ("USA") Use Only
The Company makes no representation that information on this Website, Mobile Application or Service is appropriate or available for use outside the USA. Those who choose to access this Website or use Service from outside the USA do so on their own initiative and at their own risk and are fully responsible for compliance with their own applicable national, state, provincial, district, canton, local or other laws and legal obligations.
Governing Law; Arbitration
These Terms will be governed and interpreted pursuant to the laws of the State of California, USA, excluding any principles of conflicts of law. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than US$10,000.00 will be resolved by binding non-appearance-based arbitration initiated through an American Arbitration Association ("AAA") office located in Los Angeles, California. The AAA Rules are available on-line at www.adr.org or by calling the AAA at 800-778-7879.
In any such AAA arbitration, the parties and AAA must comply with the following rules:
arbitration will be conducted by telephone, on-line and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration;
arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;
arbitrator may award injunctive or declaratory 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; and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in these Terms will prevent either party from seeking remedies in small claims court located in Los Angeles, California.
Class Action Waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 21 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree that any action at law or in equity arising out of or relating to these Terms or the Website, the Mobile Application or Services that is not subject to arbitration under Section 21 can only be filed in a California state court located in Los Angeles, California or if federal question or diversity of citizenship jurisdiction exists before the United States District Court for the Southern District of California sitting in Los Angeles. You further consent and submit to the personal jurisdiction of such particular courts for the purposes of litigating any such action and the courts of competent appellate jurisdiction there from.
The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Unenforceability of any Provision
If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms, and any rights and licenses granted hereunder, may not be transferred, conveyed, assigned or collateralized by You, but may be assigned by the Company without restriction.
Vetted shall not be liable for any breach of its obligations hereunder or a failure or delay to perform resulting from causes outside its reasonable control, including, but not limited to, reason of act of God, fire, flood, or other natural disaster, malicious injury, accidents, strikes, lock-outs, or other labor troubles, transportation issues, telecommunication issues, riots, insurrection, war or other reason of like nature not the fault of the party in performing under this Agreement.
This is the entire agreement between the Company and You relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by the Company as set forth herein.
Titles of sections appear only as a convenience for You and the Company and not as a matter or guide of interpretation or construction of said section.
For Additional Information
If you have any questions about these Terms and Conditions, please firstname.lastname@example.org.