Last Updated: May 23, 2023
TheVets.com Site (also referred to as the “Site”, “Platform”, or “Site”) is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
The Vets is a digital platform that connects pet owners and professional Veterinarians, for the purpose of booking medical home visits for pets. The Vets acts as an intermediate service, and as such, is only in charge of connecting you, a pet owner and a user of our platform, with one of the Veterinarians (“Vet”, or “Vets”) with whom the company collaborates. The services we provide as an intermediating platform include the connection, coordination and operation of your pet’s Vet appointment, and the provision of relevant supplemental information, updates and offers (together, “Services”). The company is not responsible for, and disclaims any liability in law or equity, in connection with the final agreement between you and your Vet. The Vet treating your pet has sole responsibility for any medical treatment or advice provided to you. Accordingly, we urge you to ask your selected Vet any question regarding the veterinary services provided by him or her.
- Content means any content available to you via the Site or Services, including all text, photos, images, audio, video, information, links, forms, and other content.
- The Vets or the Company– the owner and/or the operator of the Site and Services, an incorporated company under the Law of Delaware, and is located at 251 Little Falls Drive, City of Wilmington, County of New Castle, 19808, Delaware.
- The Services means the Site, the platform, and corresponding services (“TheVets.com Platform” or “Platform”) provided by us, including the Platform’s intermediary services described above in the Introduction and the services described herein.
- Veterinarian(s) or Vet(s) means a professional or professional that practices veterinary medicine, and is offering certain veterinary services to users through the Site.
- The Site – the web platform operated by The Vets, and available at: www.thevets.com any related web application, including its mobile version and the Company’s mobile app.
- Our Services
The Services offered by TheVets.com provide access and use of the Platform which, as mentioned above, connects pet owners and Veterinarians. The Platform acts as an intermediary to connect, coordinate and operate Vets appointments with pet owners, as well as providing our users with updates, tips and suggestions for supplemental products and other relevant offers. You acknowledge and agree that your access and use of the Platform and Services to obtain pet Veterinary services does not establish TheVets.com in any way as a provider of medical or veterinary services for pets. The Company coordinates location, onboarding and vetting procedures when including Vets, who may or may not be independent contractors, into the Platform. It is expressly acknowledged that the Vets, and neither the Platform nor the Services, have or share any responsibility for providing you with satisfactory veterinary services.
- Veterinarian Services
The Veterinarians you engage through the Platform are professional and licensed veterinarians. They may be independent contractors or employed by the Company. You acknowledge and agree that your relationship with and any services provided by the Veterinarians, beyond the initial connection and overall coordination management, made with them via our platform, is not part of Our Services and this agreement.
- Third-Party Promotional Offers
Our Services may be supplemented by offers of goods and services relevant to pets’ needs and to the core services we offer via the platform. Such offers will be listed on the Site but will be ordered from and provided by third parties, with whom we cooperate commercially. The offer of any third-party goods and services ordered by you, your engagement with such third party is made at your own will, discretion, and is governed by that third party’s terms and conditions. The Vets do not endorse any third party offers of goods and services obtained through the Platform, and in no event shall The Vets be responsible or liable for any offers or services provided to you from any third party.
Communications from The Vets
You will receive administrative communications from us using the email address or other contact information you provide to The Vets, including telephone number. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails. If you give and have not withdrawn your consent, you may also receive promotional emails from us. You can control whether you want to keep receiving these promotional emails by unsubscribing at firstname.lastname@example.org.
Accessing the Site and Account Security
We reserve the right to disable, or amend this Site, and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Site.
If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Membership and subscription plans
We may offer from time to time packages, plans and membership programs to all users or to returning customers (“Membership”). A Membership may include perks, benefits, and promotions, which we may, at our discretion, offer or modify from time to time, respective to each Membership package’s offer.
In addition to the conditions stipulated throughout the purchase and registration to a membership plan, the following conditions shall apply:
- We may offer, at our sole discretion, a trial period as stipulated in the Membership plan you choose. Upon the end of the specific trial period, the selected plan will be effective immediately, and you will be charged accordingly (provided you did not cancel your plan within the trial period).
- All plans are subject to recurring billing (auto renewal), until you actively cancel it, by reaching out to our dedicated number at 877-590-VETS or by email to email@example.com. In this case, the cancellation will be effective starting from the next billing cycle, per the Membership plan of your selection.
- The membership and any related perks, benefits, or promotions are associated with a household and are not transferrable, assignable, or sub-licensable to any third party.
- Membership packages that were already used (including partially) are not cancellable or refundable.
Intellectual Property Rights
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Company name, the terms The Vets, thevets.com, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
- Use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, malware or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Site.
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We may not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
If you believe that any User Contributions violate your copyright, please contact us at email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content on this Site from time to time, but its content may not necessarily be complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party Sites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Site that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
We reserve the right to disable all or any social media features and any links at any time without notice in our discretion.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
The owner of the Site is based in the State of Delaware in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or that your use of the Platform or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Gift Cards & Coupons
- The Gift Cards and Coupons are issued and managed by The Vets, LLC and can be applied only to purchases of products or services from The Vets as part of a veterinary home visit appointment to customers, who are located in certain territories in the U.S. (as listed here: The Vets Locations.)
- A Coupon or a Gift Card is limited to one Coupon or one Gift Card per customer per visit.
- The use of multiple Gift Cards and/or Coupons for a single service or product is prohibited.
- Gift Cards and Coupons may not be combined with other offers or promotions.
- Gift Cards and Coupons may not be combined and redeemed during one visit.
- Gift Cards and Coupons cannot be redeemed during Followup visits.
- The Gift Cards and Coupons are non-refundable and cannot be exchanged for cash in part or full, and it cannot be resold.
- If any of the products related to a Gift Card or a Coupon offer are returned, your refund will equal the amount you paid for the product.
- The expiry date is as stated on the Gift Card itself or provided in the email with the Coupon. Strictly no extension of the expiry date from the date of issue will be allowed.
- Additional payment will be required if the purchase price of a service or product exceeds the value of the gift card.
- The Vets retains the right to reject any voucher that has been tampered with or found in any way unacceptable.
- If you violate any of the offer terms, the Coupon offer will be invalid.
- Coupons are void if restricted or prohibited by law.
- Gift Cards and Coupons terms and conditions are subject to change without notice and some items may not be available for purchase.
- The Vets reserves the right to modify or cancel the Gift Card or Coupon promotion at any time. If you received the Coupon code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel the offer at any time.
- For further inquiries, please email at firstname.lastname@example.org.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Site is operated by The Vets Holding Inc, 251 Little Falls Drive, Wilmington, DE 19808.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: email@example.com.
Total Wellness Membership Plan: Membership Agreement
This Total Wellness Membership Plan Membership Program (this “Agreement” or “Program”), is between you (“You” or “Your”) and The Vets (“The Vets”, “we,” “us,” or “our”). Thank you for enrolling your pet, (the “Pet”) in a Total Wellness Membership Plan (the “Plan”) through The Vets. This Agreement governs your relationship with The Vets in connection with the Plan.
Your Plan begins on the Enrollment Date and will end 12 months after the Enrollment Date (the “Plan Year”). Unless otherwise specified, the Plan will automatically renew on the anniversary of the Enrollment Date in each succeeding year for subsequent periods of one year until either you or The Vets cancels the Plan as provided below.
The Plan only applies to you and to the Pet you enrolled in the Plan. You cannot transfer the Plan to another pet or to a subsequent owner of the Pet. The Vets reserves the right to determine the Pet’s eligibility for the Plan.
You acknowledge that you have reviewed and understand the services included in the Plan (the “Services”) and the requirements for eligibility in the Plan (available at https://thevets.com/terms_and_conditions/).
During the Plan Year, you are entitled to the Services. We will use our reasonable efforts to provide the Services, and other services as needed, at times you request. However, limited staffing may in some cases require that we refer you to another veterinary provider or work with you to schedule a future appointment.
It is your responsibility to read and understand this Agreement and the Services included in the Plan.
Price and Payment
The initial price for the Plan is the price in effect on the Enrollment Date. The price for any renewal of the Plan is the price in effect on the renewal date. We reserve the right to adjust plan prices and the services included in the plan at any time. Any adjustments and changes would apply when you renew the Plan.
You agree to pay for the Plan in full upon enrollment or in monthly installments, as selected by you when you enrolled the Pet in the Plan. Monthly payment installments will be billed directly to your credit card or deducted from your bank account. An overdraft/reprocessing fee of $20.00 will be billed to you for insufficient funds, over limit status or any other reason a payment is unable to be processed based on the account information you supplied to us. You are responsible for immediately notifying us of any changes in billing account information to avoid any payment overdraft/reprocessing fees.
You understand that the Plan may provide estimated savings on specific services and treatments. The actual savings may vary depending on the Pet’s health condition and the services utilized.
For the avoidance of doubt, the following items or services are NOT covered by this Agreement or the Plan:
- Services rendered by a specialist to whom the Pet is referred to by The Vets.
- Services by any veterinarians not employed by The Vets.
You agree that any house-call visits pursuant to the Plan will be made during normal working hours and that the Plan does not cover emergency or after-hours visits.
You acknowledge that the Plan is intended for preventative care use only and is in no way to be considered emergency care, pet health insurance, or indemnity property insurance.
Either The Vets or you may cancel the Plan at any time as described below, but there may be monies due upon cancellation. If cancellation of the Plan results in you owing money to us, the amount due will be paid in full at the time of cancellation. To cancel the Plan, you can (i) call 844-722-VETS, (ii) send written notice by e-mail to firstname.lastname@example.org or (iii) visit https://thevets.com/total-wellness/
- Cancellation by you: You may cancel the Plan for any reason (including to death or loss of the Pet or transfer of ownership of the Pet). Upon cancellation prior to the end of the Plan Year, if the total undiscounted retail value of Plan services/products already provided during the Plan Year exceeds the sum of monthly installments collected for that Plan Year, you must do one of the following:
- (a) Immediately pay full retail fees for all services/products provided (with all discounts reversed as if the Plan had not been in effect for the Plan Year) to the extent such fees exceed the total of monthly payments received by Provider for the Plan Year; OR
- (b) Immediately pay the total remaining Plan Year monthly installments in full if less than the amount described in paragraph (a); OR
- (c) Continue making the monthly payments as they become due for the remaining term of the Plan Year then in effect.
If you paid all Plan fees in advance upon enrollment, then, upon cancellation by you, The Vets will refund, if any, the lesser of (a) one-twelfth of the annual fee times the number of full months remaining in the Plan Year or (b) the full annual fee minus the undiscounted retail value of all Plan services/products that have been provided in the Plan Year (with all discounts reversed as if Plan had not been in effect for the Plan Year).
Cancellation by Us: We reserve the right to cancel the Plan at any time and for any reason. If we choose to cancel the Plan for a reason other than your default under this Agreement, then we will not charge any future payments due under the Plan and your obligation under this Agreement will be satisfied in full.
- Default: If you fail to pay any monthly installment by its due date, we reserve the right to immediately suspend providing Services under the Plan until you reinstates the Plan by paying all monthly fees due and owing at the time of payment. If any monthly installment is past due for 120 days or more, we may immediately cancel the Plan and discontinue Plan services, declare all remaining monthly installments for the then-current Plan Year to be immediately due and payable, and refer your account to a third-party collection agency. Collection activity may negatively impact your credit rating and may result in collection fees that will be payable by you.
- Collection Costs: Whether or not a legal action is commenced, you agree to pay and reimburse us for any and all fees and costs of any collection agency, which may be based on a percentage of the debt (up to the maximum percentage of 33%), and all fees, costs, and expenses, including reasonable attorney’s fees, we incur in such collection efforts. In each case, such amounts may be added to the debt owing when the account is placed into collections.
- Consent to Receive Communications: You consent to receive calls, text messages, emails, and other communications (including by use of automatic dialing devices and/or pre-recorded/artificial automated voice or text messages) from The Vets regarding the Plan, including updates, reminders, marketing materials, and efforts to collect amounts owed. You may opt out of receiving such communications at any time by providing written notice to The Vets at email@example.com.
- Informed Consent to Tele-Advice Appointments.
Telehealth is the delivery of veterinary care services using interactive audio and video technology, where the patient and the veterinary professional are not in the same physical location. Telehealth services you may receive from your veterinarian are not intended to replace a veterinary-client-patient relationship or be the means for your permanent veterinary care for your Pet. As with any online health service, there are potential risks associated with use. When using these services, you understand the additional risks of telehealth and waive any liability on the part of The Vets or any veterinarian, veterinary technician, or other employee of The Vets. These risks include, but may not be limited to, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the veterinarian; delays in evaluation or treatment due to failures of the electronic equipment; and an incomplete or inaccurate diagnosis of your Pet.
IF YOUR PET IS EXPERIENCING AN EMERGENCY, YOU SHOULD VISIT AN EMERGENCY ROOM. DO NOT USE OUR PLATFORM WHEN YOUR PET IS HAVING AN EMERGENCY.
You acknowledge that you understand and agree with the following: you may expect benefits from the use of telehealth, but results cannot be guaranteed or assured. In some instances, your veterinarian may determine that telehealth services are not appropriate for some or all of your Pet’s treatment needs, and accordingly may elect not to provide telehealth services to you.
- Wellness Plans Are Not Insurance: The Total Wellness Membership Plan offered by The Vets is not an insurance policy. It is a preventive care plan designed to provide specific services and benefits to your Pet. Each Total Wellness plan is a 12-month bundle of services detailed in the Plan details available at https://thevets.com/total-wellness/
- Joint and Separate Liability. If more than one person enrolls the Pet in the Plan, then the term “you” and “your”, as used throughout this Agreement, will include each and all of them. In that case, each person will be jointly liable for their obligations under this Agreement and each of them will be separately liable for all amounts payable under this Agreement and the Plan.
- Mutual Arbitration Provision. Any claims, controversies, or disputes arising out of or related in any way to these Terms or the Plan shall be subject to binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and under the Federal Arbitration Act. This includes, without limitation, any claims, controversies, or disputes that would otherwise be subject to class actions – class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. You and The Vets also waive their rights to participate as a representative or member of any representative action related to disputes arising from these Terms.
The Consumer Arbitration Rules of the AAA are available online at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
You and The Vets are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement, the Plan, or any aspect of the relationship between you and The Vets, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved pursuant to arbitration as described above.
Notwithstanding the foregoing obligation to resolve disputes using arbitration, either you or The Vets may assert claims, if they qualify, in small claims court in Fort Lee, New Jersey or any United States county where you live or work
These Terms are governed by the substantive laws of New Jersey, without regard to New
Jersey choice of law rules. Judgment of the arbitration award may be entered in any court of competent jurisdiction.
- Notice of Cancellation. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. If you cancel this transaction during that three-day period, you will be required to pay The Vets the retail value of any Services rendered prior to such termination.
Right of Cancellation
You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the date of the transaction.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
If you cancel this transaction during that three-day period, you will be required to pay The Vets the retail value of any Services rendered prior to such termination.
To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to The Vets, at One Bridge Plaza, Suite 675, Fort Lee, New Jersey, 07024 prior to midnight of the third business day after the date of this transaction.