PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms describe a contractual agreement between you (“you”, “your”) and VetSpotting.com (“VetSpotting”, “us”, “we”, “our”), regarding your use of the VetSpotting mobile application (“App”) and VetSpotting.com (“Website”), products or services available through our App or Website, or any other element of our service (collectively, the “Services”). By using the VetSpotting App or VetSpotting.com, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these terms, do not use the VetSpotting App or VetSpotting.com. Print or download a copy of these Terms for your records.

We reserve the right to change or supplement these Terms from time to time. It is your responsibility to read and understand any new terms. BY USING OR OTHERWISE ACCESSING THE SERVICES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SERVICES, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS, AND ANY CHANGES TO THEM.

MEDICAL EMERGENCIES

The Website and App are intended to assist you with the logistics of finding a health care professional only and are not intended to replace medical opinion, diagnosis or treatment or to be used in emergency or situations requiring urgent medical attention. VetSpotting does not directly or indirectly practice veterinary medicine, render medical advice, or dispense veterinary medical services through the Services. No aspect of the Services is intended to provide, or should be construed as providing, any veterinary medical services, veterinary medical advice, diagnosis or treatment of any kind. Interaction on the Website or App does not constitute a veterinary-patient/pet owner relationship.

ELIGIBILITY TO USE SERVICES

To be eligible to use the Services, you must be at least 18 years old, agree to be bound by these Terms and the laws of the State of Illinois, and resident in the United States. If you do not meet any and all of these criteria, please do NOT use the Services.

PAYMENT FOR VETERINARIAN TIME.

We may allow you to pay for a veterinarian’s time via the Website or App(“House Call”) and each request to pay for a House Call is an “Order”. WHEN YOU PLACE YOUR ORDER, YOU AUTHORIZE US TO BILL THE PAYMENT PRICE AND ANY APPLICABLE FEES OR TAXES LISTED TO YOUR PAYMENT METHOD. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel. VetSpotting or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

Prices and availability of House Calls are subject to change without notice. We reserve the right to revoke any offer to provide House Calls on the Website or the App, and to correct any errors, even after you have submitted your Order, and even if your Order has been confirmed and your payment method charged. If your Payment Method has been charged, we will issue you the appropriate credit within a reasonable time after your Order has been revoked.

We will not collect your bank account or credit card information. However, the Services will require you to register an account with an independent payment service provider that you will provide your payment method too. If you choose to create an account with our independent payment service provider, you are subject to the terms and conditions and policies of that payment service provider.

You understand and agree that the benefits to VetSpotting and/or any veterinarian through the Services provided hereunder do not require, are not payment for, and are not in any way contingent upon the admission, referral or any other arrangement for the provision of any item or service reimbursable by a government healthcare program.

USE OF OUR SERVICES

We hereby grant you a limited, non-exclusive, nonassignable, nontransferable license to access and use the Services solely for your own personal, non-commercial purposes. We may discontinue or alter any aspect of the Services, remove content, functionality or applications from the Services, restrict the time the Services are available or restrict the amount of use permitted at our sole discretion and without prior notice or liability. You agree that such measures shall be taken in our sole discretion and without liability to you or any third party. You understand and agree that from time-to-time, the Services may be inaccessible or inoperable for periodic maintenance or upgrades. WE WILL NOT BE LIABLE FOR FAILURE TO PROVIDE ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER. We reserve all rights not otherwise expressly granted by these Terms.

Neither VetSpotting nor any of our affiliates make any promises about the Services. We disclaim all warranties express or implied and all Services are provided “AS-IS”. WE MAKE NO COMMITMENTS ABOUT THE RELIABILITY, AVAILABILITY, OR SECURITY OF THE SERVICES AND RELATED TRANSMISSION OF PERSONAL INFORMATION. THE SERVICES ARE NOT A BACKUP SERVICE FOR STORING CONTENT, AND WE SHALL HAVE NO LIABILITY REGARDING ANY LOSS OF CONTENT. MAKE SURE YOU DOWNLOAD OR PRINT ANY INFORMATION YOU WISH TO SAVE.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY THAT THE SERVICES WILL HELP YOU ACHIEVE THE RESULTS YOU WANT. WE DO NOT PROVIDE ANY WARRANTY RELATED TO THE TIMELINESS, SEQUENCE, ACCURACY, ADEQUACY OR COMPLETENESS OF ANY MATERIALS OR INFORMATION PROVIDED BY THE SERVICES. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.

Some jurisdictions do not allow the disclaimer of warranties, so such disclaimers and exclusions may not apply to you.

PROHIBITED USES

You agree that when using the Services, you will NOT:

  1. Attempt to copy, change, delete or alter any of the Our Content (defined below) or notices on the Services.
  2. Use anything intended to damage or interfere with the proper functioning of the Services and the systems to which they connect or do anything that interferes with any other person’s use of the Services.
  3. Use anything to harvest or compile information from the Services.
  4. Attempt to copy, change, disassemble, reverse engineer, decrypt, frame or translate the Website or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based.
  5. Introduce into the Services any type of computer virus, device, program, software routine or code that is malicious, destructive, disabling of, or permits unauthorized access to our Services, Our Content or the systems to which the Services connect.
  6. Use any of Our Content or our Service in any way that violates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary rights of any party.
  7. Access or attempt to access any other person’s information.
  8. Send any chain letters, junk mail, unauthorized e-mail, or advertisements.
  9. Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
  10. Upload, post, or transmit any materials that could cause us to violate any applicable law, statute, ordinance, or regulation.
  11. Connect to or access any VetSpotting computer system or network other than the Services, or use the information in the Services to create or sell a similar service or similar information.
  12. Post, upload or transmit the content of any third party without expressed, written permission. By uploading, transmitting, or posting content through the Services, you represent and warrant that you have express, written permission from the owner of the content for all potential uses by the Services or VetSpotting of such media.

YOUR PRIVACY AND THE USE OF YOUR INFORMATION

We may from time-to-time disclose or transfer some of the information that you provide through your use of the Services in a manner consistent with our Privacy Policy, which can be found on our Website. Some of the information you place in the Services is subject to federal, state, and local laws regulating the privacy, security, and confidentiality of health information. Your access to the Services occurs through a secure, password-protected website. However, no information system can perfectly guard against the risks of intentional intrusion or inadvertent disclosure of information sent to us. When you use the Services, information transmitted over the Internet is beyond our control. Once we receive your information, your personally identifiable information will be treated as confidential and given the protections as set forth in our Privacy Policy. Please review our Privacy Policy for details. If you do not want us to use your personal information in a manner consistent with our Privacy Policy, please do NOT use the Services.

THE PRIVACY OF OTHERS

You agree not to disclose information of other users that you may obtain through your use of the Services to third parties, or use the information for any purposes without the other user’s consent. You agree to only use another user’s information in connection with the Services.

OTHER RESOURCES

As a service to you, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by us is not intended to be an endorsement, sponsorship or recommendation by us. Please be aware when you exit our Services, you are subject to the policies of the new site. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource.

INTELLECTUAL PROPERTY

All content, design, graphics, compilations, magnetic translations, digital conversions and other materials or information related to the Services (“Our Content”) are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property laws) and owned by VetSpotting or one of its affiliates or vendors. You may not use images, trademarks, service marks, logos and/or icons displayed on the Services as these are our property and/or our licensors and may not be used without our written permission. You may not obscure or remove any proprietary rights or notices contained in or on the Services.

You agree to not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, frame, or redistribute the Services, Our Content, or any part thereof, or grant any other person or entity the right or access to do so. Use of the Services does not give you ownership of any intellectual property rights in any of Our Content or other materials you access.

YOUR INDEMNIFICATION OF VetSpotting

You agree to defend, indemnify and hold harmless VetSpotting from and against all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of your use of the Services under this Agreement.

LIMITATION ON OUR LIABILITY

YOUR USE OF THE SERVICES AND THE CONTENT OF THE SERVICES IS AT YOUR OWN RISK. VetSpotting AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT OR SERVICE YOU USE OR ENCOUNTER ON OUR WEBSITE OR OUR APP. IN PARTICULAR, BUT WITHOUT LIMITATION, VetSpotting IS NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE.Our Services would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, IN NO EVENT SHALL VetSpotting BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE THOUSAND U.S. DOLLARS ($1000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Some jurisdictions do not allow the exclusion of damages, so such disclaimers and exclusions may not apply to you.

PROTECTION OF YOUR ACCOUNT AND YOUR INFORMATION

All users of the Services are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their passwords or accounts. You must immediately notify us of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including, but not limited to: loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL OF YOUR ACCOUNT’S USAGE OR ACTIVITY ON THE SERVICES. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies.

Any change or update made to your information and all other postings, text, images, messages, files, and/or other materials you post, transmit through, or link from the Services (collectively, “Your Content”) is your sole responsibility. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE SERVICES ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available on the Services. We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, remove, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information as we deem 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.

By uploading, transmitting, or posting Your Content, you grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark and database rights and other intellectual property rights you have in Your Content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

ACCESS THROUGH MOBILE DEVICES

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device (“Mobile Device”. You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.

You understand that the Services are provided over the Internet and mobile networks, so the quality and availability of the Services may be affected by factors beyond our control. We do not guarantee that the Services will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other pieces of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Services are unavailable or if you cannot download or access the Services content, for any compatibility or interoperability issues, or for any communication system failure which may result in the Services being unavailable.

The Services may allow you to store your log-in credentials in your Mobile Device’s web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your Mobile Device (e.g., through theft), the automatic log-in feature will allow that person to have access to your account. If your Mobile Device is lost or stolen, you must contact your Mobile Provider immediately to prevent the unauthorized use of the Services. YOU ARE RESPONSIBLE FOR ANY VetSpotting DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO THE SERVICES FROM YOUR MOBILE DEVICE.

DEACTIVATION OF YOUR ACCOUNT

We may modify, suspend, or close your account or otherwise stop providing the Services in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of the Services. You will not be able to access any information on the Services once your access has been suspended or terminated or the Services have been shut down. You are responsible for making sure Your Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of THE SERVICES. WE DO not export Your Content, YOUR Information, or other data during your use of THE SERVICES, or provide Your Content, YOUR Information, or other data to you when your account is closed.

HOW WE HANDLE DISPUTES

If a dispute arises between you and VetSpotting, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the Contact Us portion of the Website.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING OUR SERVICES, WEBSITE, OR APP. Except as explicitly provided in these Terms, any dispute or claim relating in any way to your use of the Services, a product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and us shall be finally and exclusively resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation, strict liability, or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would.

Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.

The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these Terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or us or our vendors or affiliates pending the completion of the arbitration.

If arbitration is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and VetSpotting must be resolved exclusively by a state or federal court located in Illinois. You and VetSpotting agree to submit to the personal jurisdiction of the courts located in Illinois for the purpose of litigating all such claims or disputes.

COMPLETE AGREEMENT BETWEEN US

Except as expressly provided, these Terms constitute the entire agreement between you and us with respect to the use of the Services. Your use of the Services is also subject to our Privacy Policy at Privacy Policy.If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

OUR COMMUNICATIONS – CONTACTING US

You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by through posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to VetSpotting at MATTER, 222 Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654. If you have questions or concerns, you should contact us at info@vetspotting.com.

CALIFORNIA RESIDENTS

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.