Last Updated: February _, 2022
ACCEPTANCE OF TERMS.
You understand that the App is a veterinary medical consulting tool to be used for the sole purpose of facilitating communications and virtual consultations between you and a pet owner and, if applicable, with other DVMs and associated medical teams. You further understand that GuardianVets, to the extent providing services via the App, is not a medical provider. No communication or consultation facilitated by or through the App is intended to create and does not constitute (a) any professional relationship between us (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and the pet owner, (b) any veterinarian-client-patient relationship involving GuardianVets in any capacity whatsoever, and (c) a medical consultation or other medical service by or on behalf of GuardianVets.
APP INTENDED FOR UNITED STATES AUDIENCE.
This App is intended for residents of the United States only. Access to this App or the Content may not be legal by certain persons or in certain countries. If you access this App outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any portion of the Content in violation of the United States export laws and regulations. GuardianVets’ services referred to or described in the Content may not be available in all states.
USERS; GENERAL ACCESS.
You may be accessing and using the App as a DVM General Practitioner, other DVM, Nurse Practitioner, CSR, Practice Manager or as otherwise permitted by GuardianVets. Your right to use the App is limited in scope, revocable, personal, non-transferable and non-exclusive. You are responsible for obtaining any equipment and Internet service necessary to access the App. You acknowledge that the App is evolving and that the form and nature of the App may change from time to time without notice to you.
A DVM can conduct an consultation with a pet owner via the App with or without additional members of a member of their veterinary practice, as long as they or another DVM in that consultation session have seen the pet in the past and have established a VCPR relationship. The virtual consultation process may be initiated by you (or by a member of a veterinary practice who has registered with the App) contacting the pet owner through the App (or creating a group chat with the pet owner and members of the veterinary practice). The pet owner may also initiate a virtual consultation by sending a SMS text message. Further details are set forth at [INSERT LINK TO FAQ].
ACCESS AND USE TERMS.
ACCOUNT REGISTRATION AND VALIDATION.
To use the App, you must provide the following information for account creation, identification, and license validation:Create an account by providing your email and a password;Provide your first and last name and phone number;Confirm your phone number using the confirmation code you will receive via SMS text message;Comply with the “Know Your Customer” procedure by:Selecting a role (e.g., DVM General Practitioner, DVM Specialist, Nurse Practitioner, CSR, Practice Manager);Upload image of the front of your government issued ID (such as a valid driver's license or state ID) and inputting the ID state, ID number, and expiration date;Upload veterinary license/s and inputting licensing state, ID number and expiration date, if required by applicable law by your role in the veterinary practice; Immediately notify us if your license is expired, suspended or not valid in any other way; and Provide any other information required for identification or validation for use the App, or otherwise deemed necessary by GuardianVets in connection with the use of the App.During the validation process, your account will be marked “Conditionally Approved”. During this time, you will have access to your profile settings, your application information, and you will be able to contact support through the App. You may also contact our support team by emailing firstname.lastname@example.org
By creating an account, you also consent to receive electronic communications from GuardianVets (e.g., via SMS text message, email or through the App) and to use electronic communications for consultation purposes with a pet owner and/or medical teams. These communications may also include notices about your account or may be in relation to services you are seeking from your veterinary service providers and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via text or email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by contacting us at email@example.com
MAINTENANCE AND SUPPORT.
Any changes to your registration or enrollment information, or questions related to support, may be made by sending a message to us to firstname.lastname@example.org
STANDARDS OF CONDUCT AND APPLICABLE LAW
. (a) Conduct. You may not use the App to post any Submissions or other content that is, or which GuardianVets considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable; introduce viruses, worms, Trojan horses and/or harmful code to the App or on the Internet; display material that exploits children under 18 years of age; post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party; post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests; intentionally or unintentionally violate any applicable law; or collect, save or otherwise download content from the App using automated means such as bots, robots or scrapers. GuardianVets reserves the right to remove any Submissions from the App at any time in our sole discretion.(b) Applicable Law. Your use of the App is subject to all applicable, local, state, national laws and regulations. You may only use the App for lawful purposes which includes, without limitation, all applicable state and other licensing requirements. You shall not use or allow others to use the App in any manner that attempts to, or is likely to, violate any applicable laws or regulations (including licensing requirements) or violate or infringe any intellectual property rights, rules of publicity or privacy.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS
. (a) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the App for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the App; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the App or any software component of the App; (iv) use, or allow the use of, the App for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) act in a fraudulent, tortious, malicious, or negligent manner when using the App; or (vi) circumvent or disable GuardianVets’ copyright protection mechanisms or license management mechanisms.(b) Ownership. You acknowledge that the structure, organization, intellectual property such as trademarks or trade secrets and code used in conjunction with the App are proprietary to GuardianVets and that GuardianVets and/or its licensors retain exclusive ownership of the App, documentation, and any other intellectual property rights relating to the App, including all modifications, enhancements, derivatives, and other software and materials relating to the App, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the App including any modifications, enhancements, derivatives, and other software and materials provided hereunder by GuardianVets or copies thereof to others in violation of this Agreement. (c) No Other Rights. Except as expressly set forth in this Agreement or other written agreement between you and GuardianVets, no license or other right in or to the App or content is granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.(d) Suggestions. If you provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to GuardianVets for improvements to the App, you hereby grant to GuardianVets a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the App and any other products or services.
END USER CERTIFICATION.
As a condition to your registration and continued use of the App, you hereby certify, and represent and warrant that you maintain a valid veterinary license (or other license as may be required by your role as End User) and are in in good standing as required by your licensing state, practice state and any other applicable law. You will immediately notify GuardianVets in the event such certification, representation or warranty is untrue, inaccurate, not current or incomplete in any way, in which case, GuardianVets may, at its sole discretion, in addition to pursuing any of our other remedies, suspend or terminate your account and refuse any and all current or future use of the App.LIMITED WARRANTY
. (a) Mutual Warranties; Disclaimer. Each of you and us represents and warrants to the other party that such party has the legal power to enter into this Agreement. GuardianVets does not warrant or represent that the App will be error-free, uninterrupted, or secure.(b) Disclaimers. You acknowledge that the App are provided “AS IS” and is based in part on Submissions provided by you, which are not verified by GuardianVets, and that any content acquired through the use of the App is at your sole risk and discretion. GuardianVets and its suppliers are not liable or responsible for any results generated through the use of the App. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.(c) Exclusion for Specific Jurisdictions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
LIMITATION OF LIABILITY
. (a) Limitation. GuardianVets’ aggregate liability for all claims arising from this Agreement, cumulatively between you and GuardianVets, shall not exceed one hundred United States dollars ($100). Further, GuardianVets shall not be liable for any property damage caused by the use of the App, reports produced through the use of the App or by any errors, delays or failures of the App, or your use of the App, your provision of virtual medical consultation through or in connection with the App and any related communications, or your failure to comply with identification requirements or your failure to maintain a valid license or to be in good standing as required by applicable law.(b) Disclaimer. IN NO EVENT SHALL GUARDIANVETS, ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GUARDIANVETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.(c) No Liability to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, GUARDIANVETS DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE APP BY ANYONE OTHER THAN YOU.
. (a) By You. You shall indemnify and hold GuardianVets, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by (i) your Submissions hereunder, (ii) your use of the App; (iii) your provision of virtual medical consultation through or in connection with the App and any related communications; (iv) your failure to comply with identification requirements or your failure to maintain a valid license or to be in good standing as required by applicable law; (v) your use of any Content or Submissions that you acquire via the App and/or (vi) your gross negligence or willful misconduct.(b) By GuardianVets. GuardianVets shall indemnify and hold you harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by a claim alleging that the App (excluding all Submissions) directly infringes a copyright, a U.S. patent issued prior to the commencement of the term of this Agreement or a trademark of any party.(c) Procedure. A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: (i) providing the indemnifying party with prompt written notice of such claim, action or proceeding, (ii) permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and (iii) cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.
. Please see [INSERT LINK] for details regarding GuardianVets payment requirement and processes.
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
. If you believe any materials accessible on or from this App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting GuardianVets’ copyright agent (identified below) and providing the following information:Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address.A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf. A signature or the electronic equivalent from the copyright holder or authorized representative.GuardianVets’ agent for copyright issues relating to this App is email@example.com. In an effort to protect the rights of copyright owners, GuardianVets maintains a policy for the termination, in appropriate circumstances, of users of this App who are repeat infringers.
GOVERNING LAW; JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your access to the App or use of related services shall lie exclusively in, or be transferred to the courts of Cook County and/or the District of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action. Notwithstanding the foregoing, GuardianVets shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction.
The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly, or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
US GOVERNMENT RIGHTS.
The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
COMPLETE AGREEMENT AND SEVERABILITY.
LINKS TO THIRD-PARTY WEB SITES
This App may contain links to non-GuardianVets websites. These links are provided to you as a convenience, and GuardianVets is not responsible for the content of any linked web site. Any non-GuardianVets web site accessed from this App is independent from GuardianVets, and GuardianVets has no control over the content of that website. In addition, a link to any non-GuardianVets website does not imply that GuardianVets endorses or accepts any responsibility for the content or use of such website.
The App may display, include, or make available third-party content (“Third-Party Information”). You acknowledge and agree that GuardianVets is not responsible for Third-Party Information, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. GuardianVets does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Information. Third-Party Information is used by retailers solely as a convenience to you, to help you better understand and make order selections and decisions and you use them entirely at your own risk and subject to such third parties’ terms and conditions. You must comply with applicable third-party terms of agreement when using the App.
The App shall be majority deployed via the Apple AppStore and Android Marketplace. Use of the App is subject to terms and conditions imposed by the host environment, Apple Inc., and/or Google LLC, respectively. You shall reasonably cooperate with GuardianVets’ efforts to comply with such terms. This Agreement is concluded between GuardianVets and End User only, and not with Apple. As between GuardianVets and Apple, GuardianVets is solely responsible for the App and the content thereof. You and GuardianVets acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and upon the End User’s acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the End User as a third party beneficiary thereof. GuardianVets, not Apple, is solely responsible for the App and the content thereof, and GuardianVets shall be responsible for addressing any claims of the End User or any third party relating to the App or End User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or End User’s access and/or use of the App infringes that third party’s intellectual property rights, GuardianVets, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. End User represents and warrants that: (a) it is 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 (b) it is not listed on any U.S. Government list of prohibited or restricted parties. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, End User may notify Apple, and Apple will refund the purchase price for the App to End User; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GuardianVets’ sole responsibility.
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by GuardianVets of that third party or of any product or service provided by a third party. You may not assign or transfer this Agreement in whole or in part to any third party. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. GuardianVets and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.
Acceptable Use Policy
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the App. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by updating this Agreement. By using the App, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the App and any related services used through the App.
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the App for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
1. Illegal, Harmful or Fraudulent Activities
Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, fraudulent goods, services, schemes, promotions or content that infringes or misrepresents the intellectual property or proprietary rights of others.
2. Offensive Content
Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
3. Harmful Content.
Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
No Security Violations
You may not use the App to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
Prohibited activities include:
1. Unauthorized Access.
Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
Monitoring of data or traffic on a System without permission.
3. Falsification of Origin.
Forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
1. Monitoring or Crawling
Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
2. Denial of Service (DoS).
Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
3. Intentional Interference
Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
4. Operation of Certain Network Services
Operating network services like open proxies, open mail relays, or open recursive domain name servers.
5. Avoiding System Restrictions
Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
No EMail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the App.
Investigate violations of this Policy or misuse of the App;
2. Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the App;
3. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.
FOR ADDITIONAL INFORMATION.
If you have any questions, comments or claims regarding this Agreement or the App, please contact us at [insert mailing address], [insert phone number] or by email at firstname.lastname@example.org.
© 2021 GuardianVets. All Rights Reserved.