Terms of Service

Effective Date: January 1, 2017

Please read these Terms of Service (the "Agreement") carefully, as they contain the legal terms and conditions that govern your use and access of the website, http://www.fetchmyvet.com (the "Site") and the FetchMyVet online services and mobile applications (collectively with the Site, "FetchMyVet" or the "Service"). This Agreement governs your use of the Service and constitutes a legally-binding agreement between each user ("you," "your," "User") and FetchMyVet LLC ("we," "us," or "our"). If you do not agree to the terms of this Agreement, you may not access FetchMyVet or use our Service. If you have any questions about this Agreement please contact us at info@fetchmyvet.com.

Revision Of This Agreement

Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at http://www.fetchmyvet.com/terms. If you do not agree to any modifications to this Agreement, your sole remedy is not to accept the revised Agreement and to stop using the Service.

Services

FetchMyVet is a technology platform that functions as an intermediary between our users and third-party veterinary service providers. Our main service is the FetchMyVet house call service, which enables users to arrange and schedule "at-home" veterinary services (the "Pet Service").

Your Acknowledge That Independent Third-Party Veterinarians ("Veterinary Experts"), Not FetchMyVet, Provide The Pet Service Made Available Through Our Service

Unless otherwise agreed upon in writing, we will not intervene in any relationship which you establish with a Veterinary Expert. Notwithstanding the previous sentence, you acknowledge that (i) the veterinary technicians who assist the Veterinary Experts in providing Pet Services are employees of FetchMyVet; (ii) the veterinary medical patient records created in the process of receiving the Pet Service shall be the property of FetchMyVet; and FetchMyVet may share patient records with other Veterinary Experts which contract with FetchMyVet and which may provide Pet Services to you and your pet in the future.

We are not responsible for the performance of Veterinary Experts, and do not have control over the quality, integrity, actions, or omissions of any Veterinary Expert. We also do not have control over: (i) the truthfulness or accuracy of any representations made by the Veterinary Experts; or (ii) the ability of Veterinary Experts to provide the Pet Service.

User Account

In order to use the Service, you must create a user account and provide us with your first and last name, email address, valid credit card to secure your reservation, and a password. By creating an account you affirm that you are over eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You further agree to abide by and comply with this Agreement and not transfer your FetchMyVet account. In addition, you affirm that: (i) you have not been previously suspended or removed from the Service; (ii) the information you provide to us is accurate and complete; (iii) you will keep your password secure; and (iv) you will notify us of any suspected breach of security or unauthorized use of your account.

Communications Between Users And Veterinary Experts

FetchMyVet allows for the communication and sharing of information between users and Veterinary Experts to facilitate the use of Pet Service. Like many online services, FetchMyVet contains interactive features and areas that allow users to post, transmit, or store text or other materials, such as requests for Pet Service and member feedback (collectively, "User Content").

When interacting with other users or Veterinary Experts, please exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don’t know. Each user should undertake his or her own research to be satisfied that a Veterinary Expert is suitable to provide the Pet Service that you are requesting.

If you post User Content to FetchMyVet, post links on our Service, or otherwise make (or allow any third party to make) material available by means of the Site, you acknowledge that you are entirely responsible for the User Content and any consequences resulting from the posting of this content. We do not verify or approve any posted User Content, and material in the form of opinions are not our opinions. You should only provide User Content that you have the right to share and are comfortable sharing with others under this Agreement and agree not to upload, post, or otherwise transmit any User Content to or through the Service that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person; or that is unlawful, libelous, defamatory, obscene, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense. If you violate, or are suspected of violating these terms, we reserve the right to remove any and all of your User Content.

By submitting User Content to FetchMyVet, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content in connection with the Site, subject to the terms of our Privacy Policy.

Fees And Billing

In connection with a User’s payment for Pet Services, a User will be asked to provide customary billing information such as name, billing address and credit card information either to FetchMyVet or its third party payment processor. Users agree to pay FetchMyVet for Pet Services in accordance with this Agreement, by one of the payment methods described on the Site. Each User hereby authorize the collection of such amounts by charging the credit card provided as part of requesting Pet Services by one of the payment methods described on the Site, either directly by FetchMyVet or indirectly, via a third party online payment processor. If a User is directed to FetchMyVet’s third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and Privacy Statement before using the services.

If a User has been improperly charged for Pet Services and believe a refund is due, please contact FetchMyVet at info@fetchmyvet.com. Refunds will be processed on a case-by-case basis.

Users will be liable for any taxes required to be paid on the Pet Services (other than taxes on income).

The payment structure outlined in this section intended to fully compensate the Veterinary Expert for the Pet Service provided. We do not designate any portion of your payment as a tip or gratuity to the Veterinary Experts. Any representation by us (on the Service, or otherwise) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that we provide any additional amount to the Veterinary Experts. You understand and agree that, while you are free to provide additional payment as a gratuity to any Veterinary Expert who provides you with Pet Service or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received Pet Service obtained through FetchMyVet, you will have the opportunity to rate your experience and leave additional feedback about your Veterinary Expert.

FetchMyVet requires a valid credit card to secure the appointment at the time the appointment is booked. If an appointment is cancelled or rescheduled within 24 hours of the scheduled time a $50 fee will be charged to the credit card used to secure the appointment.

No Agency Relationship

Nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship among you and us (the "Parties"), and the rights and obligations of you and us shall be limited to those expressly set forth herein. You confirm that the Parties are independent parties, each acting in their own name and for their own purpose.

No Doctor-Patient Relationship

No licensed veterinary professional–patient relationship is created by using the content, whether such content is provided by or through the use of the service or through any other communications from FetchMyVet including or any assistance we may provide to help you find an appropriate veterinary professional.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, expertise, quality of work, or other information herein regarding veterinary experts.

Do Not Provide Veterinary Advice

Any information that you obtain or receive from FetchMyVet, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Service is for informational, scheduling, and payment purposes only.

The content, whether such content is provided by or through the use of the services or through any other communications from FetchMyVet, is not intended as a substitute for, nor does it replace, professional veterinary advice, diagnosis, or treatment. Do not disregard, avoid, or delay obtaining veterinary advice from a qualified veterinary professional because of something you may have read on FetchMyVet.

You Are Ultimately Responsible For Choosing Your Own Veterinary Expert

We may enter into contracts with the Veterinary Experts listed through the Service with whom you may book appointments, and Veterinary Experts may pay us a service fee in order to be marketed through the Service. We may provide you with lists and/or profile previews of Veterinary Experts who may be suitable to provide the Pet Services you seek based on information that you provide to us. But we (i) do not recommend or endorse any particular Veterinary Experts; (ii) do not make any representations or warranties with respect to these Veterinary Experts or the quality of the services they may provide; and (iii) except as specifically disclosed herein, do not receive any additional fees from Veterinary Experts for featuring them (i.e., higher or better placement on lists) through the Service.

We use reasonable efforts to ensure that Veterinary Experts only participate in the Service if they hold all active licenses required by law to practice the specialties of the services offered by them. We may exclude Veterinary Experts who, in our discretion, have engaged in inappropriate or unprofessional conduct.

Proprietary Rights

The graphic elements, design elements, presentations, logos, layout, and source code of the Service are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark ("IP Rights"). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.

Non-Exclusive License To Use The Service

Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sub licensable license to use the Service during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):

  • Sublicense, distribute, or use the Service outside the scope of the license granted in this Agreement;
  • Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Service or otherwise attempt to discover any source code or trade secrets related to the Service;
  • Rent, lease, sell, assign, or otherwise transfer rights in or to the Service;
  • Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Service;
  • Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Service, including screenshots and transcripts, in any way, unless we provide our express written consent;
  • Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with FetchMyVet Technology, Inc. or the Service; and
  • Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Service. Any use of the Service other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use FetchMyVet granted in this Agreement.

Prohibited Activities

FetchMyVet is provided only for your own personal use. You are responsible for all of your activity in connection with the Service. As a condition of your use of the Service, you agree to comply with all U.S. and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:

  • Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on FetchMyVet’s infrastructure;
  • Not to interfere or attempt to interfere with the proper working of FetchMyVet or any activities conducted using the Service;
  • Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Service;
  • Not to circumvent any security-related features of the Service, including those designed to limit copying or reproduction;
  • Not to upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; and
  • Not to use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.

DMCA Takedown Policy

If a user has uploaded any User Content to FetchMyVet that infringes an intellectual property right, feel free to send us a request to take down the content at info@fetchmyvet.com. All such complaints or requests should include your name, your mailing address, your telephone number, your email address, and your physical or electronic signature.

If you send us a request to take down content that infringes upon your copyright, your request should include:

  • A description of the content that you believe infringes upon your copyright;
  • The name of the copyrighted work that you believe is being infringed;
  • The website URL that contains or is associated with the infringing content;
  • A short explanation of how the content infringes your rights;
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information included in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.

Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act ("DMCA"): Michael DeMinico. Copyright complaints and requests can be sent directly to this agent at mdeminico@andysvet.com. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.

Right To Terminate Your Account Or Block Access To The Service

We may terminate your account or otherwise prevent you from using the Service at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. If we terminate your account, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.

Third-Party Services And Content

We utilize links and other tools to connect users to third-party services and features in order to maintain the Service ("Third-Party Services"). We have no control over the content or policies of these Third-Party Services, and in no event, shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third-Party Service through FetchMyVet are solely responsible for complying with the terms and policies of these third parties.

Disclaimer and Release

You understand and agree that we make no representations or warranties with respect to the service or any other software referenced in this Agreement, all of which are provided "as is" and "as available." to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express, implied or statutory, including any warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy, completeness, security, compatibility, reliability, or otherwise, with respect to all such software.

We may aggregate data from third-party services, in which case FetchMyVet disclaims all warranties with respect to such third-party content, except as expressly set forth herein, FetchMyVet makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information.

Our officers, directors, representatives, agents, servants, counsel, employees, consultants, and other personnel authorized to act, acting, or purporting to act on our behalf (the "FetchMyVet parties") do not warrant that the service will be error-free or that defects with the service will be corrected. moreover, you expressly agree that your use of the service and any third-party software on the service is at your own risk.

You are solely responsible for all of your communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, including, but not limited to, any veterinary expert. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, including, but not limited to, any veterinary expert, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by us.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation Of 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 FetchMyVet, its services, and any contact you have with other users of the service or veterinary experts whether in person or online remains with you. Neither FetchMyVet nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the Agreement or any service contract, from the use of or inability to use the service, from any communications, interactions, or meetings with other users of the service, or other persons with whom you communicate or interact as a result of your use of the service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. FetchMyVet may be used by you to request pet service and enter into service contracts with veterinary experts, but you agree that FetchMyVet has no responsibility or liability to you related to any service contract other than as expressly set forth in these terms.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the FetchMyVet Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; or (iv) your violation of any law, rule or regulation, or the rights of any third party.

Entire Agreement; Choice Of Law

This Agreement constitutes your entire agreement with FetchMyVet regarding the Site and the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and FetchMyVet with respect to the Site or the Services. The Site or the Services may not comply with legal requirements of foreign countries, therefore the Site, its contents, and the Services are intended only for access and use by United States residents and are presented solely as a service to visitors and subscribers located in the United States of America and its territories. This Agreement is governed and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with FetchMyVet, its employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site or the Services resides in the U.S. District Court for the Southern District of Florida (if federal jurisdiction exists) or the courts of the State of Florida located in Broward County and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under this Agreement.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.