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PET PARENT TERMS OF USE

 

AIRVET, INC. Last Updated: August 22, 2019

 

1. USE OF THE SITE. AIRVET, INC. (“AIRVET”, “we”, “us”, or “our”) operates the website located at www.airvet.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer online telehealth services (the “Services”) using digital interactive audio and video technology (including but not limited to text messaging, online chat, and digital video conferencing) enabling our users (“Users”) to report the health history of their pets and engage veterinary professionals (“Providers”) to obtain veterinary services. By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

 

2. VETERINARY MEDICINE SERVICES. All of the Providers who deliver Services through AIRVET are independent professionals solely responsible for the services each provides to you and your pets. AIRVET does not practice veterinary medicine or any other licensed profession, and does not interfere with the practice of veterinary medicine or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither AIRVET nor any third parties who promote the Services or provide you with a link to the Site shall be liable for any damages allegedly caused by the professional advice you or your pet obtains from a Provider via the Services.

 

In order for a Provider to diagnose, treat, or prescribe medication to you or your pet (the “VCPR Services”), you must have established a valid Veterinarian-Client-Patient Relationship (“VCPR”) with that Provider under applicable law for the specific pet that is the subject of the Services. A valid VCPR cannot be established online, by email or over the telephone. The requirements of a valid VCPR may vary state to state. The VCPR for the specific pet that is the subject of the VCPR Services must have been established within a reasonable time considering the specific condition of the pet but in no case more than a year prior to your provision of services to the User on the Site. If you intend to use VCPR Services, you represent that a VCPR exists with the Provider and pet you have connected or, in the absence of a VCPR, you are only seeking veterinary advice and not a diagnosis, treatment, or prescription medication.

 

Electronic (including audio and video) or phone communications via the Site are not confidential or privileged and will not be the subject of any associated confidences or privileges. You understand and agree that all such communications may be recorded for training and quality control purposes and for review and assessment by your Provider and/or your regular veterinarian. 

 

YOU CONSENT TO THE EXCHANGE AND RELEASE OF INFORMATION AND RECORDS (INCLUDING COMMUNICATIONS RECORDED IN CONNECTION WITH THE SERVICES) RELATED TO YOUR PET BETWEEN AND FROM YOUR REGULAR VETERINARIAN (OR OTHER VETERINARY FACILITY THAT HOLDS SUCH RECORDS), AIRVET, AND YOUR PROVIDER. AIRVET MAY STORE YOUR PET’S MEDICAL RECORDS IN AIRVET’S SYSTEM SO THAT PROPER CARE MAY BE GIVEN.

 

3. SITE CONTENT. None of the Site content (other than information you receive from a Provider) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for your pet.

 

4. INFORMED CONSENT.

 

(a)        Our telehealth services involve the delivery of veterinary medical services using interactive audio and video technology, where the pet owner and the pet and the veterinary professional are not in the same physical location. During your telehealth consultation with a Provider, details of your pet’s health history and health status information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may ask for your assistance to conduct an assessment of your pet through these technologies.

 

(b)        The telehealth services you receive from Providers are not intended to replace a primary care veterinary relationship or be your permanent veterinary medical service but rather augment these services. You should seek emergency help or follow-up care: when recommended by a Provider; if the pet appears in pain; if there appears to be a risk of injury to human or animal; or when otherwise needed; and continue to consult with your primary veterinarian and other veterinary professionals as recommended. You may make arrangements for follow-up care either through AIRVET or other veterinary providers. Among the benefits of our Services are improved access to veterinary medicine professionals and convenience. However, as with any veterinary medicine service, there are potential risks associated with the use of telehealth services. These risks include, without limitation, the possibility that information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate care decision-making by the Provider. In addition, delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication. It is possible that a lack of access to all of your pet’s health records or other relevant information (including without limitation historical, medical, and behavioral information) may result in adverse drug interactions or allergic reactions or other judgment errors.

 

(c)        By accepting these Terms of Use, you acknowledge that you understand and agree with the following: You understand that no results can be guaranteed or assured, despite any anticipated benefits from the use of the Services. Your Provider may determine that the Services are not appropriate for some or all of your pet’s treatment needs, and accordingly may elect not to provide telehealth services for your pet through the Site.

 

(d)        IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD GO TO YOUR NEAREST VETERINARY TREATMENT FACILITY.

 

5. USER ACCOUNTS. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by AIRVET (collectively “Account Information”). To create an Account, you must be at least 18 years old and of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. AIRVET reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall AIRVET be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

 

The Site is not directed to children and children are not eligible to use our Service. If we later obtain actual knowledge that a user is under 18 years old, we will take steps to remove that user’s personal information from our databases. By using our Site, you represent that you are at least 18 years old.

 

6. ACCESS RIGHTS. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Providers through the Site and to refrain from contacting Providers for telehealth services outside of the Site. AIRVET expressly disclaims any interactions with Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

 

7. FEES AND PURCHASE TERMS. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing AIRVET with your credit card number or PayPal account and associated payment information, you agree that AIRVET is authorized to immediately invoice your account for all fees and charges due and payable to AIRVET hereunder and that no additional notice or consent is required.

You are entitled to a refund of your payment to AIRVET if(i) AIRVET encounters a technical issue which results in the inability of your Provider to complete a video consultation (this excludes device or internet connection issues on your end to access the video consultation or Service); or (ii) your Provider is unable to provide you with any information, guidance, or advice regarding your pet, as determined by AIRVET in its reasonable discretion.

 

If you believe you are entitled to a refund, please contact the AIRVET team as soon as possible by email to: support@airVet.com. We will then verify whether you are entitled to a refund and, if appropriate, complete the refund as soon as possible.

 

You acknowledge and agree that you shall be personally responsible for all incurred expenses. AIRVET reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. 

 

8. WEBSITE LINKS. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

 

9. OWNERSHIP. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AIRVET, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

 

10. TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of AIRVET or third parties. You are not authorized to use any such Marks without the express written permission of AIRVET. Ownership of all such Marks and the goodwill associated therewith remains with us or such third parties.

 

11. TERMINATION. You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@airvet.com.  AIRVET may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, AIRVET reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, AIRVET will have no further obligation to provide the Services.

 

12. RIGHT TO MODIFY. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

 

13. DISCLAIMER OF WARRANTIES; RELEASE. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AIRVET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, RELIABILITY OF PERFORMANCE AND FREEDOM FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

 

You acknowledge and agree that AIRVET does not provide veterinary medicine advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting pet owners with independent third-party Providers, including veterinarians and other veterinary professionals in the AIRVET network. You acknowledge and agree that the Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all veterinary medicine services, advice, instructions, treatment decisions, and other veterinary health care services performed, and that all diagnoses, treatments, procedures, and other veterinary health care services will be provided and performed exclusively by or under the supervision of the Providers, in their sole discretion, as they deem appropriate.

 

14. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AIRVET OR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

 

15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless AIRVET, its shareholders, officers, directors, managers, employees, agents, subsidiaries, affiliates, licensors, suppliers, successors and assigns from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Provider(s) from and against any third-party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Provider.

 

AIRVET reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of AIRVET.  AIRVET will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

16. GEOGRAPHICAL RESTRICTIONS. AIRVET makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States. All financial transactions will be processed in U.S. dollars. The Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AIRVET to any registration requirement within such jurisdiction or country.

 

17. DISCLOSURES. All veterinarians on the Site present evidence of a professional license upon initially being permitted to use the Site. However, the Site does not monitor the compliance by Providers with licensing requirements. Professional licenses are issued by the professional veterinary licensing boards in the states where the Providers practice. You may report a complaint relating to services provided by a Provider by contacting the professional veterinary licensing board in the state where the services were received.

 

18. MISCELLANEOUS. These Terms of Use and your use of the Site shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California, for any action related to these Terms of Use.

 

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, or (2) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service.

 

No waiver by AIRVET of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AIRVET to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

AIRVET devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

 

Please report any violations of these Terms of Use to support@airvet.com.

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at https://www.copyright.gov/.  In accordance with the DMCA, AIRVET has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to AIRVET, INC., 5792 W Jefferson Blvd, Los Angeles, CA 90016.