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VETERINARIAN TERMS OF USE

 

AIRVET, INC. Last Updated: August 22, 2019

 

These Terms of Use are a contract between airVet, Inc., a California corporation (“AIRVET”, “we”, “us”, or “our”) and your veterinary medical practice (“you”).

 

1. USE OF THE SITE. AIRVET 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. You have requested access to our Site in the capacity of a Provider. 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. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

 

2. VETERINARY MEDICINE SERVICES. You acknowledge that you hold a current and valid license to practice veterinary medicine in the United States, and are in good standing in all jurisdictions in which you will provide services through the Site. You acknowledge that you are solely responsible for the services you provide to Users and their 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 Users with a link to the Site shall be liable for any professional advice Users or their pets obtain from a Provider via the Services.

 

You agree to abide by all applicable laws and regulations, including the requirement that you hold a valid, unexpired license to practice veterinary medicine in good standing in each state in which you practice veterinary medicine. You agree to abide by all statutes and regulations in the veterinary medicine practice act in your state (“Act”) and to comply with all statutes, regulations, and guidelines related to the practice of veterinary medicine including the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (“AVMA”). You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others’ rights, including intellectual property rights. You agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by AIRVET.

 

You shall only diagnose, treat, or prescribe medication to a User with respect to their pet (the “VCPR Services”) if you have established a valid Veterinarian-Client-Patient Relationship (“VCPR”) under applicable law for the specific pet that is the subject of the VCPR 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 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 VCPR Services to the User on the Site. If you have not established a valid VCPR, you agree that you shall not provide any services that require a VCPR.

 

You agree that Users can send messages to you by contacting AIRVET Customer Support at support@airvet.com or by sending messages through the AIRVET mobile application. Emails or electronic messages to Customer Support will then be forwarded to you at your designated email address; provided that AIRVET shall not be responsible if any such message is not properly or timely forwarded to you.

 

3. PROVIDER ACCOUNTS. When you register on the Site, you are required to create an account (“Account”) by entering your name, the name of your veterinary practice, a copy of your driver’s license, professional license number, email address, password and certain other information collected by AIRVET (collectively “Account Information”). 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 will monitor and update your Account Information as necessary to ensure that it is 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.

 

4. ACCESS RIGHTS. AIRVET hereby grants you a limited, non-exclusive, nontransferable right to access the Site and use the Services 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 Users through the Site and to refrain from contacting Users for telehealth services outside of the Site. AIRVET is not responsible for any interactions with Users that are not conducted through the Site.

 

5. PAYMENT TERMS. AIRVET sets the pricing terms for the Service and reserves the right to change such terms at any time, in AIRVET’s sole discretion. In the event we change the pricing terms for the Service, we will provide you with prompt written notice thereof. You hereby authorize us to collect from Users receiving Services from you through the Site the fee for such Services in accordance with AIRVET’s fee schedule. You shall receive $25.00 for each successfully completed appointment with a User minus any processing fees (the “Vet Fee”), which Vet Fee will be paid to you as provided herein. We will pay you the Vet Fee no later than 45 days after you perform the applicable services for the User, subject to our receipt of payment from the User for such services. In the event that any User payment relating to a Vet Fee paid by us to you is disputed or reversed by the User, you shall reimburse us for the amount of such Vet Fee and you hereby authorize us to take such amount from the balance of Vet Fees due to you. The payment of the amount of the Vet Fees shall be electronically transferred to your account via Stripe or PayPal, based on the payment instructions provided by you to us, as long as you have provided such instructions to us not less than 10 business days prior to the date of payment. We may continue to rely on payment instructions provided by you until new instructions are given. You agree to refrain from contacting Users outside of the Site to arrange different payment terms for the Services.

 

6. PROMOTION. You shall obtain AIRVET’s prior written consent with respect to promotional activities other than the promotional tools and guidelines provided to you by AIRVET when you create your account.

 

7. 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.

 

8. 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 only for the express purposes set forth herein. You must not reproduce, distribute, 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, other than for the express purposes set forth herein.

 

All photographs, videos, images and other information provided to you from the Users for whom you provide services are confidential information and must be kept private, confidential and not republished for any purpose. Any information maintained by you as a result of contact with Users on the Site must be kept in a manner consistent with the statutes and regulations regarding maintenance of medical records as set forth in the Act.

 

9. 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.

 

10. 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.

 

11. 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.

 

12. 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 medicine professionals in the AIRVET network.

 

13. 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.

 

14. 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 claims, 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, your violation of applicable law, your use of the Site and/or your provision of veterinary medicine services and advice to Users.

 

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.

 

15. INSURANCE. You agree to maintain veterinary malpractice insurance at all times that you are a Provider, with a commercially reasonable amount of coverage according to the scope of your veterinary practice or as may be required by the Act.

 

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. You are responsible for complying with all your legal, professional and ethical requirements in connection with use of the Site and providing the Services.

 

17. 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.