PET PARENT TERMS OF SERVICE
Last Updated: March 1, 2022
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AIRVET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 19.)
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 Service (collectively, the “Site”). We offer online services related to pet health (the “Services”) including 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 third party veterinary professionals (“Providers”) to obtain veterinary services. By accessing and using the Site, you agree to be bound by these Terms of Service 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 THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE. Residents of only the United States or Canada (excluding the province of Quebec) are eligible to access the Site. For clarity, residents of Quebec are not eligible to access the Site.
AIRVET and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Site. While you are using the Site, you may not opt out of receiving operational text messages from Airvet. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
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, veterinary technician services, or any other licensed profession, and does not interfere with the practice of veterinary medicine, veterinary technician services, 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. The requirements of a valid VCPR may vary jurisdiction to jurisdiction. 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 clinic 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 or telecommunications networks. 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 Service, 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 clinic.
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 the age of majority in your jurisdiction of residence. 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 you are under the age of majority in your jurisdiction of residence, we will take steps to remove your personal information from our databases. By using our Site, you represent that you are at least the age of majority in your jurisdiction of residence.
6. LICENSES. 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 Service and any separate agreements you may have entered into with us. 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, provincial, 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. 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.
You hereby grant AIRVET the right to record video and audio calls made using the Site or Services (“Recordings”). Certain features of the Service may permit Users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively with the Recordings, “User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. By providing User Content to or via the Service, you grant AIRVET a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. If a Provider or another User requires access to your User Content, you grant those Providers or Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service. You waive any moral rights which you might hold over User Content.
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. Current fees and billing terms for the Services will be as described by AIRVET prior to your use of the Services, and such fees and billing terms may be updated by AIRVET from time to time in its sole discretion. By providing AIRVET with your credit card number or other payment 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. AIRVET, at its sole discretion, may make promotional offers with different features and different pricing to any of AIRVET’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
The Service may include automatically recurring payments for periodic charges for membership subscription services you purchase that automatically renew unless canceled (“Membership Service”). If you activate a subscription to a Membership Service, you authorize AIRVET to periodically charge the applicable subscription fees (“Membership Fees”), both at the start of the first subscription period and on a going-forward basis for each renewal period until cancellation of your Membership. The “Membership Billing Date” is the date when you first purchase the Membership Service. Your Membership Service subscription will continue unless and until you cancel your Membership Service subscription prior to the next Membership Billing Date. If you opt to purchase and pay for an upfront, annual subscription to a Membership Service, then AIRVET will send you notification of your upcoming renewal in advance of the Membership Billing Date. AIRVET will not send renewal notices for monthly subscription plans. You may cancel your Membership Service subscription for the next renewal period prior to the Membership Billing Date. Please note that, if you cancel a Membership Service subscription during the applicable Membership period, you will not receive any refunds or credits for that Membership period and you will remain liable to pay any additional associated fees. We will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership Service subscription by contacting us at: firstname.lastname@example.org.
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: email@example.com. We will then verify whether you are entitled to a refund and, if appropriate, complete the refund as soon as possible.
All financial transactions will be processed in U.S. dollars. 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 Service.
8. Membership Services. If you are a subscriber to any Membership Services, you will be subject to the terms of this Section 8 with respect to the Membership Services that are included in your subscription.
(d) The Emergency Fund is only available for household dogs and cats. The Emergency Fund may not be used for farm animals or for any type of breeding activities. There is a 14-day mandatory wait period upon starting your Membership before the Emergency Fund is available to you (the “Wait Period”). In addition, should you add a new completed profile for an additional eligible pet during the term of your qualifying Subscribing, there is an additional 14-day mandatory Wait Period for that pet, starting on the date that you complete their profile. If one of AIRVET’s Emergency Fund team members determines your otherwise eligible pet is having a life-threatening emergency and needs immediate care before the expiration of the Wait Period, you will not be able to use the Emergency Fund. You will also be subject to the Wait Period again if you cancel and reactivate your Account.
(e) If you suspect your pet is having an imminent and immediate life-threatening emergency and needs immediate care, you must alert our AIRVET emergency team by requesting them via our AIRVET mobile application and have your pet assessed to see if your pet qualifies to use the Emergency Fund . All emergencies must be assessed and authorized by one of our Emergency Fund team members through the Site. You can download the mobile application through this link if needed here. A live face to face video call or a video recording is mandatory to determine if it is a life-threatening emergency or not. You cannot access the Emergency Fund if the pet has been admitted for emergency care prior to contacting one of our Emergency Fund team members as set forth above.
Examples of life-threatening emergencies that can be confirmed by our AIRVET Emergency Team, based on the signs or symptoms that your pet is exhibiting can include, but are not limited to:
If authorized by a member of AIRVET’s Emergency Fund team members for coverage, the emergency fund will cover:
Note: This list is not exhaustive. All emergencies will be evaluated on a case-by-case basis by one of AIRVET’s Emergency Fund team members. The assessment by an AIRVET emergency fund veterinarian, is a good faith judgment, based upon the limited data available, about whether your pet meets the criteria to be able to utilize the Emergency Fund for your pet. The Emergency Fund only pays for the initial emergency care. All other follow-up care is the responsibility of the owner.
It is at the sole discretion of one of our Emergency Fund team members to determine whether or not your pet qualifies for the fund based on our assessment of the emergency status of your pet. Each pet is unique and each assessment will be on a case-by-case basis. The assessment of the AIRVET Emergency Fund team member is not veterinary care and is not a substitute for exercising your judgment about when to seek care and it is not veterinary care for your pet. You agree that you are solely responsible for the decision about when and where to seek care. You can use any veterinary clinic for care authorized for payment from the Emergency Fund.
(f) Emergency Fund Payment process: If your use of the Emergency Fund is authorized, you will be provided instructions for the vet clinic which explain AIRVET's payment methods. Once you have checked your pet into the hospital, please show the veterinary clinic that form to inform them of how the payment process works. Once you have received your final invoice, the veterinary clinic will need to email the final invoice copy, as well as any medical notes directly to firstname.lastname@example.org for review for payment. Once reviewed, an Emergency Fund team member will complete payment to the treating veterinary clinic only over the phone for up to US$3000. If there is a balance over the Airvet payment, you will be responsible for any remaining payments required.
(g) The Emergency Fund only pays for the initial emergency care. All other follow up care is at the expense of the pet owner. Additionally, the Emergency Fund will not cover additional costs associated with euthanasia, or any other ancillary costs, such as burial, cremation or memorabilia.
(h) The Emergency Fund is restricted to a maximum of an one-time annual pay-out in an amount not to exceed US$3,000 per year, regardless of the amount of cost of an emergency or your number of eligible pets or the number of emergencies per year. In other words, you are only entitled to access the Emergency Fund one time during each year of your Membership Service, even if the emergency is less than the US$3,000 limit.
(i) You have up to a maximum of 4 hours to check your pet into the nearest emergency clinic or other veterinary clinic of your choice after being authorized by an Emergency Fund team member. If you exceed the 4-hour check in period to be able to use the Emergency Fund, no funds will be released for your pet's care.
(j) You will not qualify for the Emergency Fund if our designated network veterinary clinicians have previously recommended a visit to your vet clinic and you failed to comply. Waiting to take your pet in for medical care can result in an unnecessary emergency for your pet and we do not support medical negligence.
(k) The Emergency Fund covers up to 6 of your domestic cats and dogs ONLY. No other pets are entitled to participate in the Emergency Fund. You may be required to provide proof of ownership of your pet in the form of a pet license or registration. The Emergency Fund is a feature of an eligible Membership in accordance with these terms and is not a form of pet insurance.
(l) You can take your pet to any veterinary clinic located within the United States or Canada (excluding the province of Quebec). The Emergency Fund does not cover any out of office/home visit care provided by a veterinary clinic. You agree that any refunds from a veterinary clinic for Emergency Fund payments paid by AIRVET will be paid to AIRVET. If you are required to pay a deposit by your veterinary clinic, you are responsible for obtaining any refunds due to you directly from your veterinary clinic after AIRVET pays them directly for any authorized emergency treatments which may include all (or part) of the deposit you paid for upfront.
(m) The Emergency Fund is non-transferable to other parties and their pets and Emergency Fund payments are non-transferable to the Pet Owner.
(n) What Isn’t Covered/ Emergency Fund Exclusions:
Note: This list is not exhaustive. All emergencies will be evaluated on a case-by-case basis by an AIRVET Emergency Fund team member.
(m) In order to gain access to your Emergency Fund, we require completed profiles for all of your eligible pets with their name, age, weight, breed, and a clear photo and you must be authorized by one of AIRVET’s Emergency Fund team members. If any of this information is missing, you will not have access to your Emergency Fund for that pet.
9. 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.
AIRVET may provide tools through the Site that enable you to export information to third party services, including through features that allow you to link your account on the Service with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that AIRVET may transfer that information to the applicable third party service. Third party services are not under AIRVET’s control, and, to the fullest extent permitted by law, AIRVET is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under AIRVET’s control, and AIRVET is not responsible for their content.
10. 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, Canadian, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service 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 Service. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site, nor automate access to the Site or the Services..
11. 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.
12. TERMINATION. You may deactivate your Account and end your registration at any time, for any reason by sending an email to email@example.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.
13. RIGHT TO MODIFY. We may at our sole discretion change, add, or delete portions of these Terms of Service 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 Service, inclusive of such changes. If any modification materially changes any Subscription Service which you have activated and you choose to terminate such Subscription Service as a result of such change, AIRVET will provide you with a pro rata refund of any paid but unused Subscription Fees.
14. 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.
15. 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. AIRVET’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THESE TERMS IS LIMITED TO THE TOTAL AMOUNTS YOU PAID TO AIRVET THAT WERE RETAINED BY AIRVET (AFTER REMITTING AMOUNTS DUE TO PROVIDERS) IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. 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.
16. 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 of Service. 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.
17. 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, or all territories in, the United States and Canada. 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.
18. 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, provinces, or territories 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, provinces or territories where the services were received.
19. DISPUTE RESOLUTION AND ARBITRATION
19.1 Generally. In the interest of resolving disputes between you and AIRVET in the most expedient and cost effective manner, and except as described in Section 19.2 and 19.3, you and AIRVET agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AIRVET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2 Exceptions. Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
19.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a letter to AIRVET, INC., Attention: Legal Department – Arbitration Opt-Out, 9190 W Olympic Blvd #422 Beverly Hills, CA 90212 that specifies: your full legal name, the email address associated with your account on the Site, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once AIRVET receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
19.4 Arbitrator. Any arbitration between you and AIRVET will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AIRVET. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
19.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). AIRVET’s address for Notice is: AIRVET, INC., 9190 W Olympic Blvd #422 Beverly Hills, CA 90212. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or AIRVET may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or AIRVET must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by AIRVET in settlement of the dispute prior to the award, AIRVET will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) US$10,000.
19.6 Fees. If you commence arbitration in accordance with these Terms, AIRVET will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but if the claim is for $US10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AIRVET for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.7 No Class Actions. YOU AND AIRVET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AIRVET agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.8 Modifications to this Arbitration Provision. If AIRVET makes any future change to this arbitration provision, other than a change to AIRVET’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to AIRVET’s address for Notice of Arbitration, in which case your account with AIRVET will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
19.9 Enforceability. If Section 19.7 or the entirety of this Section 19 is found to be unenforceable, or if AIRVET receives an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.
20. MISCELLANEOUS. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. These Terms of Service 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. 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 Service.
You understand that by checking the “agree” box for these Terms of Service and/or any other forms presented to you on the Site you are agreeing to these Terms of Service and that such action constitutes a legal signature. Subject to applicable law, 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 and unsubscribe to those Communications at any time by clicking “Unsubscribe” at the bottom of any such Communication, by contacting us by email at firstname.lastname@example.org or by canceling or discontinuing your use of the Service. Doing so many have a material impact on our ability to provide the Services to you.
No waiver by AIRVET of any term or condition set forth in these Terms of Service 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 Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 Service 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 Service to email@example.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 the Site or Services 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 Website, 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., 9190 W Olympic Blvd #422 Beverly Hills, CA 90212. AIRVET will promptly terminate the accounts of users that are determined by AIRVET to be repeat infringers.
21. Notice Regarding Apple. This Section 21 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and AIRVET only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
22. Contact. If you have any questions regarding these Terms of Service, the Site or the Services, you may contact us by email at firstname.lastname@example.org or by mail at AIRVET, INC., 9190 W Olympic Blvd #422 Beverly Hills, CA 90212.