Welcome to EmerVet® (the “Site”), a website where you can receive a personal one-on-one visit with a veterinarian medicine professional online (the “Service”). The Service is provided by EmerVet® , LLC (“ARV” or “Us”, “We”, “Our”), including all information, tools and data available to you on this Site. This document is the Terms of Use (the “Terms”) that govern your relationship to Us as you use our Site and Service. If you visit or shop within this Site, you accept these Terms, so please read them carefully, as they will determine how you can use the Site and Services, how We are (and are not) liable to you, what responsibilities fall on you and which fall on Us, and other key terms and obligations, subject to each term and obligation being valid in your country. By using our Site and Service, you hereby agree to these Terms. In other words, before you begin using the Site, take a moment and carefully read through these Terms. If you have any questions, write to Us! If you do not agree with any particular provision or term, then STOP and do not click on the “I Agree” button below. We want you to feel comfortable using our Site, but We can only do so when the both of us agree on the terms that will control the use of the Site and Service. We reserve the right to edit and change these Terms from time to time. When We do so, We will upload the updated Terms on our Site, which will become effective from the day they are published. If following the publishing of updated Terms, you continue to use the Site, then you will have accepted the new Terms. User Account & Privacy When using this Site, you will provide Us with certain personal information, which We will use in accordance with our Privacy Policy. It is very important that you read our Privacy Policy, which is a separate document, so that you understand how your data and activity within the Site is used, managed, and as appropriate, shared by Us. In order to use the Service, you must create an account (“Account”), in which you can store your personal information, such as your name, last name, e-mail address, city, state, phone number, and pet information. When using this Site, you will select a username and password. You are responsible for maintaining the confidentiality of your account username and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account username and password. Upon creating your Account, You must select a specific payment plan/membership option and agree to make the indicated payments on a monthly basis through a valid credit card. You agree that We may immediately cancel your Account if the selected payment method is not valid or effective. No individual under the age of eighteen (18) may use the Service, or provide any information to the Site. By accepting our Terms, you represent and warrant that you are at least 18 years of age. We reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Site or Service 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. Maintenance: Keeping the Site going. We will do our best to make sure you have the best experience possible when visiting our Site and using Our Service. However, the Internet (and the providers who keep Us connected) can experience delays, downtime, or interruptions from time to time. Therefore, you acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in the Service or events that are beyond Our control, and that We shall not be responsible for any data lost while transmitting information on the Internet. While Our objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of Our control, access to the Site may be interrupted, suspended or terminated from time to time. We shall have the sole right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, We may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Electronic communications. When you visit this Site or send emails to Us, you are communicating with Us electronically, and are therefore consenting to receive communications from Us electronically, including via e-mail or by posting notifications on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically, satisfy any and all legal requirements that such communications be made and delivered in writing. Copyright, Trademarks, License & Site access. You own and are responsible for the content and information posted, or streamed, by you on the Site, 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. Unless you explicitly state otherwise, you hereby grant ARV the right to use your pet’s likeness in any promotional material. Likewise, our Site, both in its components and in its entirety (the “Platform”), its logos and trademarks (“Trademarks”), images, text, video, audio, software, content, and arrangement thereof (“ARV Content”), is protected by both applicable copyright and trademark legislation (as applicable). We will grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Platform on your personal device(s); and (ii) access and view any ARV Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use. You will not remove, alter or obscure any copyright, Trademarks or other proprietary rights notices incorporated in or accompanying the Platform or ARV Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or ARV Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms. In order for you to share our Site through hyperlinks, you are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Us or any of our Service in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Our Trademarks to link to the Service or establish a link in such a way as to suggest any form of association, approval or endorsement on our part without the express written permission of Us. Further, you may not use, frame or utilize framing techniques to enclose any of Our Trademarks, ARV Content, other proprietary information, including the images found on the Service, the content of any text or the layout/design of any page or form contained on a page of the Service or Platform without Our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of ARV or any third party. California Residents Due to California’s privacy regulation and legislation, ARV is not available to residents in the state of California for the time being. Indemnification and Disclaimers: When and how are We liable to you. THIRD-PARTY CONTENT In using our Service, Site and/or Platform, you may be exposed to content from third parties (“Third-Party Content”), either on our Service or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, other Account users of our Services. DISCLAIMER OF WARRANTIES THE SERVICE PROVIDED ON THE SITE IS NOT A SUBSTITUTE FOR IN-PERSON EVALUATION OR SPECIFIC PROFESSIONAL VETERINARY ADVICE. THE SERVICE DOES NOT CONSTITUTE VETERINARY OR ANY OTHER PROFESSIONAL ADVICE. 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 SERVICE MAY BE LICENSED, CERTIFIED, EDUCATED, EMPLOYED BY OR HAVE EXPERIENCE IN ONLY PARTICULAR JURISDICTIONS OR WITHIN PARTICULAR FIELDS. COMMUNICATIONS WITH VETERINARY PROFESSIONALS THROUGH THE SERVICE ARE INHERENTLY LIMITED, AS DESCRIBED ABOVE, AND DO NOT INCLUDE SAFEGUARDS AND PROCEDURES TYPICAL OF IN-PERSON EVALUATIONS AND VISITS. IF YOU USE OUR SITE AND/OR SERVICE, YOU DO SO AT YOUR SOLE RISK. OUR SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. ARV DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM ARV ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR TRANSMIT ANY CONTENT, INCLUDING YOUR PERSONAL INFORMATION, THROUGH THE USE OF OUR SITE OR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. LIMITATION OF LIABILITY SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ARV, OR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BY AGREEING TO THESE TERMS, YOU EXPLICITLY AND UNEQUIVOCALLY FOREVER WAIVE AND RELINQUISH ANY CLAIM, SUIT, ACTION, OR ANY OTHER LEGAL EQUIVALENT ACTION AGAINST US FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICE. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS, BUT NOT LIMITED TO, POWER, INTERNET OR COMMUNICATION OUTAGES, POWER OUTAGES, FIRE, FLOOD, EARTHQUAKES, TORNADOES, HURRICANES, WARS, PANDEMICS, ACTS OF GOD, FORCE MAJEURE, OR THE OCCURRENCE OF ANY OTHER UNFORESEEN CONTINGENCY OR EVENT BEYOND THE CONTROL OF ARV. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SITE, THE SERVICES, OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU. INDEMNITY You shall defend, indemnify and hold ARV harmless (and each of our officers, directors, members, shareholders, employees, agents and affiliates) from any claim, demand, action, damage, loss, judgment, cost or expense, including without limitation reasonable attorneys’ fees and costs, arising out of or relating to (a) your use of our Site and/or Service; (b) your violation of these Terms; (c) your violation of any rights of another; and/or (d) your conduct in connection with the Site and/or Service. If you are obligated to indemnify Us, We will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms. Dispute Resolution We will always work in good faith with our users to resolve any dispute or issue that may arise in the manner that is most constructive and efficient to all parties. However, if We cannot resolve a dispute in a manner that is satisfactory to you, then you and ARV agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and ARV are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and ARV agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Juan, Puerto Rico (USA) and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association, excluding any rules or procedures governing or permitting class actions. These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You and ARV also agree that the state or federal courts in the Commonwealth of Puerto Rico have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND ARV WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. 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: EmerVet® LLC, Attn.: emervet.com, PO Box 13939, San Juan, PR 00908, or by email to
[email protected]. The notice must be sent within thirty (30) days of commencing use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the aforementioned terms. If you opt-out of these arbitration provisions, We also will not be bound by them. Contacting Us & Customer Service: Our door is always open to hearing from you, our Customers. You may contact Us at the following address below:
[email protected] You may also contact us concerning any conduct of a fellow user that you believe are not in line with these Terms. Termination You may cancel your account at any time by sending us an email at
[email protected]. 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. Miscellaneous. You may not assign any of your rights or obligations under these Terms without prior written consent from Us. We may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Headings of sections are for convenience only and shall not be used to limit or construe such sections. These Terms will govern the relationship between ARV and its users, with the exception of any particular clause, obligation or condition that is legally inapplicable in your jurisdiction.
emervet.com – Terms of Use Welcome to EmerVet® (the “Site”), a website where you can receive a personal one-on-one visit with a veterinary medicine professional online (the “Service”). The Service is provided by Emervet, LLC (“ARV” or “Us”, “We”, “Our”), including all information, tools and data available to you on this Site. This document is the Terms of Use (the “Terms”) that govern your relationship to Us as you use our Site and Service. If you visit or shop within this Site, you accept these Terms, so please read them carefully, as they will determine how you can use the Site and Services, how We are (and are not) liable to you, what responsibilities fall on you and which fall on Us, and other key terms and obligations, subject to each term and obligation being valid in your country. By using our Site and Service, you hereby agree to these Terms. In other words, before you begin using the Site, take a moment and carefully read through these Terms. If you have any questions, write to Us! If you do not agree with any particular provision or term, then STOP and do not click on the “I Agree” button below. We want you to feel comfortable using our Site, but We can only do so when the both of us agree on the terms that will control the use of the Site and Service. We reserve the right to edit and change these Terms from time to time. When We do so, We will upload the updated Terms on our Site, which will become effective from the day they are published. If following the publishing of updated Terms, you continue to use the Site, then you will have accepted the new Terms. User Account & Privacy When using this Site, you will provide Us with certain personal information, which We will use in accordance with our Privacy Policy. It is very important that you read our Privacy Policy, which is a separate document, so that you understand how your data and activity within the Site is used, managed, and as appropriate, shared by Us. In order to use the Service, you must create an account (“Account”), in which you can store your personal information, such as your name, last name, e-mail address, city, state, phone number, and pet information. When using this Site, you will select a username and password. You are responsible for maintaining the confidentiality of your account username and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account username and password. Upon creating your Account, You must select a specific payment plan/membership option and agree to make the indicated payments on a monthly basis through a valid credit card. You agree that We may immediately cancel your Account if the selected payment method is not valid or effective. No individual under the age of eighteen (18) may use the Service, or provide any information to the Site. By accepting our Terms, you represent and warrant that you are at least 18 years of age. We reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Site or Service 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. Maintenance: Keeping the Site going. We will do our best to make sure you have the best experience possible when visiting our Site and using Our Service. However, the Internet (and the providers who keep Us connected) can experience delays, downtime, or interruptions from time to time. Therefore, you acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in the Service or events that are beyond Our control, and that We shall not be responsible for any data lost while transmitting information on the Internet. While Our objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of Our control, access to the Site may be interrupted, suspended or terminated from time to time. We shall have the sole right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, We may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Electronic communications. When you visit this Site or send emails to Us, you are communicating with Us electronically, and are therefore consenting to receive communications from Us electronically, including via e-mail or by posting notifications on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically, satisfy any and all legal requirements that such communications be made and delivered in writing. Copyright, Trademarks, License & Site access. You own and are responsible for the content and information posted, or streamed, by you on the Site, 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. Unless you explicitly state otherwise, you hereby grant ARV the right to use your pet’s likeness in any promotional material. Likewise, our Site, both in its components and in its entirety (the “Platform”), its logos and trademarks (“Trademarks”), images, text, video, audio, software, content, and arrangement thereof (“ARV Content”), is protected by both applicable copyright and trademark legislation (as applicable). We will grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Platform on your personal device(s); and (ii) access and view any ARV Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use. You will not remove, alter or obscure any copyright, Trademarks or other proprietary rights notices incorporated in or accompanying the Platform or ARV Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or ARV Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms. In order for you to share our Site through hyperlinks, you are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Us or any of our Service in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Our Trademarks to link to the Service or establish a link in such a way as to suggest any form of association, approval or endorsement on our part without the express written permission of Us. Further, you may not use, frame or utilize framing techniques to enclose any of Our Trademarks, ARV Content, other proprietary information, including the images found on the Service, the content of any text or the layout/design of any page or form contained on a page of the Service or Platform without Our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of ARV or any third party. California Residents Due to California’s privacy regulation and legislation, ARV is not available to residents in the state of California for the time being. Indemnification and Disclaimers: When and how are We liable to you. THIRD-PARTY CONTENT In using our Service, Site and/or Platform, you may be exposed to content from third parties (“Third-Party Content”), either on our Service or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, other Account users of our Services. DISCLAIMER OF WARRANTIES THE SERVICE PROVIDED ON THE SITE IS NOT A SUBSTITUTE FOR IN-PERSON EVALUATION OR SPECIFIC PROFESSIONAL VETERINARY ADVICE. THE SERVICE DOES NOT CONSTITUTE VETERINARY OR ANY OTHER PROFESSIONAL ADVICE. 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 SERVICE MAY BE LICENSED, CERTIFIED, EDUCATED, EMPLOYED BY OR HAVE EXPERIENCE IN ONLY PARTICULAR JURISDICTIONS OR WITHIN PARTICULAR FIELDS. COMMUNICATIONS WITH VETERINARY PROFESSIONALS THROUGH THE SERVICE ARE INHERENTLY LIMITED, AS DESCRIBED ABOVE, AND DO NOT INCLUDE SAFEGUARDS AND PROCEDURES TYPICAL OF IN-PERSON EVALUATIONS AND VISITS. IF YOU USE OUR SITE AND/OR SERVICE, YOU DO SO AT YOUR SOLE RISK. OUR SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. EmerVet® DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM EmerVet® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR TRANSMIT ANY CONTENT, INCLUDING YOUR PERSONAL INFORMATION, THROUGH THE USE OF OUR SITE OR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. LIMITATION OF LIABILITY SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL EMERVET, OR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BY AGREEING TO THESE TERMS, YOU EXPLICITLY AND UNEQUIVOCALLY FOREVER WAIVE AND RELINQUISH ANY CLAIM, SUIT, ACTION, OR ANY OTHER LEGAL EQUIVALENT ACTION AGAINST US FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICE. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS, BUT NOT LIMITED TO, POWER, INTERNET OR COMMUNICATION OUTAGES, POWER OUTAGES, FIRE, FLOOD, EARTHQUAKES, TORNADOES, HURRICANES, WARS, PANDEMICS, ACTS OF GOD, FORCE MAJEURE, OR THE OCCURRENCE OF ANY OTHER UNFORESEEN CONTINGENCY OR EVENT BEYOND THE CONTROL OF EMERVET. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SITE, THE SERVICES, OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU. INDEMNITY You shall defend, indemnify and hold EmerVet® harmless (and each of our officers, directors, members, shareholders, employees, agents and affiliates) from any claim, demand, action, damage, loss, judgment, cost or expense, including without limitation reasonable attorneys’ fees and costs, arising out of or relating to (a) your use of our Site and/or Service; (b) your violation of these Terms; (c) your violation of any rights of another; and/or (d) your conduct in connection with the Site and/or Service. If you are obligated to indemnify Us, We will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms. Dispute Resolution We will always work in good faith with our users to resolve any dispute or issue that may arise in the manner that is most constructive and efficient to all parties. However, if We cannot resolve a dispute in a manner that is satisfactory to you, then you and EmerVet® agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and EmerVet® are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and EmerVet® agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Juan, Puerto Rico (USA) and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association, excluding any rules or procedures governing or permitting class actions. These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You and EmerVet® also agree that the state or federal courts in the Commonwealth of Puerto Rico have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND EmerVet® WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. 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: EmerVet® LLC, Attn.: emervet.com, PO Box 13939, San Juan, PR 00908, or by email to
[email protected]. The notice must be sent within thirty (30) days of commencing use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the aforementioned terms. If you opt-out of these arbitration provisions, We also will not be bound by them. Contacting Us & Customer Service: Our door is always open to hearing from you, our Customers. You may contact Us at the following address below:
[email protected] You may also contact us concerning any conduct of a fellow user that you believe are not in line with these Terms. Termination You may cancel your account at any time by sending us an email at
[email protected]. 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. Miscellaneous. You may not assign any of your rights or obligations under these Terms without prior written consent from Us. We may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Headings of sections are for convenience only and shall not be used to limit or construe such sections. These Terms will govern the relationship between EmerVet® and its users, with the exception of any particular clause, obligation or condition that is legally inapplicable in your jurisdiction.
