Terms of Service

Effective Date: June 1st, 2017

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”, “the Company”, “PETCARENOW”, “PETCARENOW.com”, “PCN”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

Please read these Terms of Service carefully.

a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control. This license does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages, and you consent to jurisdiction and venue of the Application Provider’s selection in furtherance thereof. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

You agree that any and all information you post or otherwise provide to PETCARENOW by means of our website or application is true and accurate, not misleading, and offered in good faith. You agree that any information you provide is not generally confidential and PETCARENOW may use information that you supply through the website to improve our service and product offerings or our website and also to provide you with additional information about our products and services as well as products and services that we believe will be relevant to you. We may use common internet technologies, such as “cookies” and advertising identifiers, to manage the information we receive from you. In the event we provide a product or service to you, we may share certain information only with organizations who work with PETCARENOW in order to provide those services to you.

You hereby grant PETCARENOW a non-exclusive, permanent, worldwide, non-revocable, royalty-free, sublicensable and transferable license to use your content, data, and other information in any way at PETCARENOW’s sole discretion, including without limitation to reproduce, distribute, publically perform, reproduce, edit, translate, reformat, make derivatives of it, incorporate it into a collective work, and use it in order to promote PETCARENOW’s business in any way, without the need for any further compensation, notice, approval or consent. You further agree to waive any “moral rights”, or the equivalent, to the content, data and information to the extent such rights may be applicable.

c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.

The Company’s role is solely to facilitate the availability of the Site, Applications and Services and to provide services related thereto, such as Consultation facilitation and payment integration. The Company does not provide and is not responsible for User Content or any information or advice exchanged between Users during Consultations or otherwise. You understand and acknowledge that Experts are not employees or agents of the Company, but are independent service providers using the Site, Applications and Services to market their expertise to Seekers and the public.

Consultations should not be intended for nutritional, fitness or other health-related diagnosis, prescription or treatment, and you acknowledge you are the sole responsible for any loss or damage caused by reliance on information provided by Experts during the use of the Services.

All information provided through the Services is intended for general guidance only, and is not a substitute for the professional medical advice, diagnosis or treatment by a Doctor of Veterinary Medicine or Veterinary Medicine Doctor who has actually examined an individual’s animal or possesses firsthand knowledge of an animal’s condition. Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you believe your pet may have a medical emergency, call your veterinarian immediately.

Please be advised that we may monitor, record, and transcribe sessions between providers and users for record-keeping, training, and quality-assurance purposes.

PLEASE NOTE THAT THE SITE, APPLICATIONS AND SERVICES ARE INTENDED MERELY TO FACILITATE USER INTERACTION. THE COMPANY CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS, USER CONTENT OR THE INFORMATION EXCHANGED BETWEEN USERS VIA THE SERVICES. NEITHER THE COMPANY NOR THE RELEVANT EXPERT ARE RESPONSIBLE FOR AND BOTH HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL USERS USE THE SITE, APPLICATIONS AND SERVICES AT THEIR OWN RISK

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, assign, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the law or rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own risk and initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. IN NO WAY, SHAPE OR FORM DOES APPLICATION PROVIDER OFFER, SUGGEST OR PROVIDE ANY GUARANTEES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY INJURY OR CLAIM, LEGAL OR EQUITABLE, PERSONAL OR OTHERWISE, ANY CLAIM ASSERTED BY INDIVIDUAL, ENTITY, OR ON BEHALF OF, OR AS GUARDIAN OR NEXT FRIEND OF ANOTHER, OR FOR ANY INCIDENTAL, GENERAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES PAIN AND SUFFERING OR EMOTIONAL DISTRESS, FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. These Terms, and any dispute between you and PETCARENOW will be governed by the laws of the Massachusetts without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 18 (the Arbitration Agreement). Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for the small-claims court actions anticipated by the Arbitration Agreement), either as a result of your decision to opt out of the Arbitration Agreement under Section 18.9 or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that arises between you and PETCARENOW must be resolved exclusively by a state or federal court located in the Massachusetts. You and PETCARENOW agree to submit to the personal jurisdiction of the courts located within Massachusetts for the purpose of litigating all such claims or disputes.

k. Our collection and use of your personal information on the PETCARENOW Service is described in our Privacy Policy which is available for review at home.petcarenow.com/privacy.

j. By using the Site, Applications and Service you are accepting the terms of our Privacy Statement, as it may be amended from time to time. Please check the date of this Policy each time you visit to ensure that you are aware of the most current version. If you do not agree to the terms of this Policy, please do not use this Site, Applications and Service.

We may update this Privacy Statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your User Account) or by means of a notice on the Site and Applications prior to the change becoming effective. We will also update the “Last Updated Date” at the top of these Terms. We encourage you to periodically review this page for the latest information on our privacy practices. Our privacy policy can always be found at home.petcarenow.com/privacy.

l. PETCARENOW reserves the right to modify or discontinue the Service with or without notice to the Member. PETCARENOW shall not be liable to Member or any third party should PETCARENOW exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PETCARENOW does not guarantee continuous, uninterrupted or secure access to our website and application and operation of our website and application may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

m. In the event that any provision of this Agreement shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. No delay or omission by PETCARENOW in exercising any right under this Agreement shall operate as a waiver of that or any other rights. A waiver or consent given by PETCARENOW on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

n. This Agreement, and all of Executive's rights and duties hereunder, shall not be assignable or delegable by Executive. Any purported assignment or delegation by Executive in violation of the foregoing shall be null and void ab initio and of no force and effect. This Agreement may be assigned by the Company to a person which is an affiliate or a successor in interest to substantially all of the business operations of the Company. Upon such assignment, the rights and obligations of the Company hereunder shall become the rights and obligations of such affiliate or successor person.

o. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PETCARENOW HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the PETCARENOW; (2) breach of these Terms; (3) disputes with other users of the PETCARENOW ; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA). YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

If you have any questions about this Terms of Service, please email us at hello@petcarenow.com.