Please read these Terms of Service (the “Terms”) carefully. These Terms describe the terms pursuant to which Ask.Vet., a product of Vet24seven, Inc.(“Ask.Vet,” “we,” “us” or “our”) offers you access to and use of the Ask.Vet website(s), (the “Websites”), and the services and tools related to the Websites (collectively, the “Services”). By accessing and using the Services, you signify your agreement to (1) these Terms, and 2) Vet24seven, Inc.’s Privacy Policy, which can be found on the home page of the Vet24seven website (www.vet24seven.com). If you do not agree to any of these terms, or the Vet24seven, Inc. Privacy Policy, please do not use the Services.

Although we will attempt to notify you when major changes are made to these Terms, we advise you to check this page regularly to take notice of any changes, as we may update these Terms from time to time.

Eligibility

No individual under the age of eighteen(18) may use the Services, or provide any information to Ask.Vet. By accessing or using the Services you represent and warrant that you are 18years of age or older.

Account Registration

In order to use the Services, you may be required to create an account (the “Account”) and select a username and password. You agree to provide accurate, complete and updated registration information during the registration process and you agree to keep this information current. We reserve the right to suspend or terminate your Account if any information provided proves to be inaccurate, not current or incomplete. You are also responsible for maintaining the confidentiality of your Account password. For the security of your Account, you will notify us immediately of any actual or suspected loss, theft or unauthorized use of your Account or Account password.

User-Generated Content and Sharing of Information

You own and are responsible for the content and information posted on Ask.Vet, and you can control how this information is shared through your Privacy Settings. You automatically grant us, or warrant that the owner of the Content has expressly granted us a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use any content that you post. We may sublicense its rights through multiple tiers of sublicenses. You should not submit any materials or content to us that you do not wish to license to us.

You agree that you will not upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable. You acknowledge that we do not pre-screen any content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Services. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion.

Prohibited Uses

You agree not to do any of the following in connection with the Service:

  • Upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose any information that would constitute a violation of any confidentiality obligations you may have;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
  • Upload any viruses, worms, Trojan horses, logic bombs or other forms of malicious or harmful computer code, nor subject the Services’ network or servers to unreasonable traffic loads or denial-of-service attacks, or otherwise engage in conduct deemed disruptive or damaging to the ordinary operation of the Services;
    Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Use any manual or automated software, devices, or other processes or means to “crawl”, “spider”, “screen scrape” or otherwise monitor or copy any web pages or materials contained within Services;
  • Obtain, collect, store or modify the personal information about other users or distribute such information to third-party entities for marketing purposes;
  • Use the Services to violate any applicable local, state, national, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Services or any portion thereof;
  • Circumvent, disable or otherwise interfere with any security features of the Services;
  • Otherwise attempt to interfere with the proper working of the Services; and
  • Encourage or enable any other individual to do any of the foregoing.

We have the right to investigate and prosecute suspected violations of any of the above to the fullest extent of the law, and we reserve the right, at any time and without prior notice, to disable access to any Content or terminate your Account for any violation of these Terms.

No Client-Professional Relationship

Your use of the Services is for general information purposes only, and is not a substitute for in-person evaluation or specific professional veterinary advice. Any information provided to you by us does not constitute veterinary or any other professional advice and does not suggest or propose a specific course of action for you. No client-professional relationship shall be formed among you and us as a result of you using the Services. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question or situation may differ depending on your location and information typically discovered through in-person evaluations or visits. Professionals available through the Services may be licensed, certified, educated, employed by or have experience in only particular jurisdictions or within particular fields. Communications with any professionals through the Services are not confidential and shall not be the subject of any associated privileges. Communications with veterinary professionals through the Services are inherently limited, as described above, and do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in person evaluations and visits.

Ownership and Trademarks

All of the trademarks, service marks, and logos contained and used in the Service (the “Marks”), are owned by or licensed to us and our affiliates and are subject to copyright and other intellectual property rights protection under all applicable laws. Nothing in these Terms shall be interpreted as granting any license or right to use any Marks without our express written permission. We reserve all rights with respect to copyright and trademark ownership of all material and content of the Services and will enforce such rights to the full extent of the law.

Content and Limited License

All of the materials, content, features and functionality of the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Content”) are owned by or licensed to us and are subject to copyright and other intellectual property rights protection under all applicable laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content or other materials of the Services, except as provided below.

Subject to these Terms, Ask.Vetgrants you a limited right to do the following: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; (c) you may print or download a reasonable number of copies of a reasonable number of pages of the Website, or reasonable amount of information obtained through the Services, for your own personal, non-commercial use and not for further reproduction, publication or distribution; (d) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (e) if we provide social media features with certain content, you may take such actions as are enabled by such features. This grant of rights to you is limited in scope. It is non-exclusive and non-transferable. You may not modify the Content in any way or reproduce or publicly display, perform, or distribute the Content for any public or commercial purpose. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ask.Vet or its licensors, except for the licenses and rights expressly granted in these Terms.

Fees and Payment Terms

Use of the Services may require payment of a fee. If fees are applicable to particular features or functionality of the Services, we will inform you of all applicable fees prior to your use of those features or functionality. Any fee that Ask.Vetmay charge you for the Services is due immediately and is non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Services either planned, accidental or intentional, for any reason whatsoever.

At our sole discretion, we may make promotional offers available with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offeror any contract with Ask.Vet. We may change the fee for the Services, as we deem necessary for our business. We encourage you to check back periodically if you are interested in how we charge for the Services.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH PAYMENT OF ANY FEE OR WITH ANY PURCHASE.

Links

You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide links or references to non-Ask.Vetwebsites and resources. We make no representations or warranties regarding any other website, and we expressly disclaim any liability arising in connection with your use of any websites, mobile applications or other material associated with links that may appear on the Ask.Vet website or mobile application. A link to a non-Ask.Vet website or mobile application does not mean that Ask.Vetendorses the content or use of such products or services, and you acknowledge that Ask.Vetis not responsible or liable for any content, services, products, or other materials available from such websites or resources. It is your responsibility to evaluate the content and usefulness of information obtained from other sites.

Management of the Services; Termination and Account Cancellation

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Services for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Content or any portion thereof that may violate these Terms, the law or any of our policies without prior notice to you; (d) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services; (e) screen our users, or attempt to verify the statements of our users; and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violations of these Terms.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.

You may cancel your Account at any time by sending us an email at: info@ask.vet.

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VET24SEVENAND ASK.VETMAKENO WARRANTY THAT: (A) THE WEBSITE, SERVICES, PRODUCTS, APPS, OR ANY MATERIALS AVAILABLE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, PRODUCTS, APPS, OR ANY MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, PRODUCTS, APPS, OR ANY MATERIALS WILL BE ACCURATE, TIMELY OR RELIABLE; OR (D) THE QUALITY OF ANY WEBSITE, SERVICES, PRODUCTS, APPS, MATERIAL, OR ANY INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, PRODUCTS, APPS, OR IN RELIANCE ON ANY MATERIALS OR INFORMATION SO PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS.

Indemnity

You agree to defend, indemnify and hold harmless Vet24seven and Ask.Vet from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting from your violation of these Terms or any applicable law, or any breach of your representations and warranties set forth herein.

Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. VET24SEVEN AND ASK.VET SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INCOME, LOSS OF DATA OR LOSS OF USE ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY OR OTHERWISE, EVEN IF VET24SEVEN AND ASK.VET HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT IS LIMITED TO $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Controlling Law

These Terms shall be governed by the laws of the State of California, USA excluding rules regarding conflict of laws. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Assignment to Third Parties

Vet24seven may assign its rights and its obligations under these Terms to any third party at any time, with or without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Vet24seven. You may not assign any of your rights or obligations under these Terms, in whole or in part, to any third party without prior written consent of Vet24seven.

Disputes and Arbitration

Please Read The Following Clause Carefully –It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

We are available by email at info@ask.vet to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the foregoing paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Websites shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The place of arbitration shall be Santa Clara County, State of California. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the foregoing paragraphs by sending written notice of your decision to opt-out to the following address: Vet24seven, Inc., Attn.: Ask.Vet, 809B Cuesta Drive, #2132, Mountain View, CA 94040, or by email to info@ask.vet. The notice must be sent within thirty (30) days of commencing use of the Websites, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Vet24seven also will not be bound by them.

Claims of Copyright Infringement

If you believe that any other material provided through the Services, including through a link, infringes your copyright, you should notify Vet24seven, Inc.of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to info@ask.vet with a subject line: “DMCA Takedown Request”. The notification must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii)a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website or the Services that is reasonably sufficient to enable Vet24seven, Inc.to identify and locate the material; (iv) your contact information, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

No Modifications by Our Employees

If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

Contacting Ask.Vet

If you have any questions about these Terms, we are available by email, phone or mail:

Email: info@ask.vet

Phone: (650) 933-5665 (Monday-Friday, 9:00am-5:00pm Pacific Time)

Mail:

Vet24seven, Inc.
Attn.: Ask.Vet
809B Cuesta Drive, #2132
Mountain View, CA 94040