VetMedics Terms of Service
Last Updated: June 9, 2023
1. Scope of Services
Only residents of the United States are eligible to access the Services (collectively, the “Services”). For clarity, residents of other countries are not eligible to access the Services. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that VetMedics provides.
VetMedics provides the following services:
- Digital health and telehealth services.
- Emergency Medical Fund.
- Emergency & non-critical veterinary transportation.
- Veterinary Hospice, In-home euthanasia & aftercare services.
- Pet sitting, dog walking and boarding.
- Online pet products & services.
This list of products and services is not exhaustive, as other products and services may be added to this list at any time. Please see Services detailed below.
Agreement to Terms: By using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: By agreeing to these terms, you are agreeing (with limited exception) to resolve any disputes between you and VetMedics through binding individual arbitration, rather than in a court of law. Please review Section 17 “Dispute Resolution” carefully for more information on arbitration, including the procedure to opt out of it.
2. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
3. Services Detailed
A. Telehealth
VetMedics provides Pet Clients, pet wellness informational content, pet related products and services, as well as online services related to their pets’ health using digital interactive audio and video technology, (including but not limited to, text messaging, online chat, and digital video conferencing). Enabling users to report the health history of their pets and engage with third party veterinary professionals or our team of veterinary professionals (“Providers”) for a time limited consultation at a max. of 30 Minutes per online or chat session. Telehealth Services (collectively, the “Services”) can only be accessed via your use of the applicable App or online teleconferencing technologies. Neither Vetmedics nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any damages allegedly caused by the professional advice you or your pet obtains from a Provider via the Services. Support provided via our website is only for non-medical or non-veterinary services support, not for making use requests for the Services.
(a) In order for a Provider to diagnose, treat, or prescribe medication to you or your pet (the “VCPR Services”), you must have established a valid Veterinarian-Client-Patient Relationship (“VCPR”) with that Provider under applicable law for the specific pet that is the subject of the Services. The requirements of a valid VCPR may vary jurisdiction to jurisdiction. The VCPR for the specific pet that is the subject of the VCPR Services must have been established within a reasonable time considering the specific condition of the pet but in no case more than a year prior to the provision of services. If you intend to use VCPR Services, you represent that a VCPR exists with the Provider and pet you have connected or, in the absence of a VCPR, you are only seeking veterinary advice and not a diagnosis, treatment, or prescription medication.
(b) Other Premium Services, such as the UNLIMITED ability to chat with a veterinary professional or use of VetMedics’s Emergency Medical Fund are only offered as part of a Membership Services package. Important information about the scope of these Membership Services (if included in your Membership Services Package) can be found in Section 8 Membership Services below.
None of the Services content (other than information you receive from a Provider) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for your pet.
B. Emergency Medical Fund
As part of a paid subscription service, the Emergency Medical Fund (“EMF” or interchangeably the Emergency Fund (“EF”) offers up to $3,000 of financial assistance per year for a single pet emergency, as defined by a VetMedics Veterinary Professional based on the animal’s signs and symptoms it is exhibiting. Please note such services do not include the provision of pet insurance. Further details of the EMF are in Section 8 below in these Terms of Service.
C. Veterinary Ambulance & Transportation Services
VetMedics as part of its Veterinary Medical Services, offers emergency & non-critical veterinary transportation services, via specialized ambulance (Performed by Licensed Veterinary Staff) & regular pet transportation utilizing pet safe vehicles. This may Include the transport of a Pet Client’s cat or dog (or other animal) to and from home, a veterinary clinic or hospital, or inter-hospital transportation.
Client Affirmation
- You, the client, understand, agree and affirm that the above information must and is accurate in that it may be relied on by VetMedics, its employees, agents and veterinary professionals in the treatment of the above mentioned pet or animal.
- You, the client, authorize VetMedics to transport the above-mentioned pet or animal and to use all reasonable precautions against injury, escape or death, and You, the client, release and hold harmless VetMedics, its employees and agents for any injury, escape or death.
- You accept full and complete responsibility for any errors or omissions and hold harmless VetMedics, its employees, and agents for any errors or omissions arising before, during or after the transport of the above mentioned pet or animal.
- You, the client do hereby remise, release, acquit, satisfy, and forever discharge VetMedics, its employees or agents of and from all manner of action(s), cause(s) of action, suits, debts, sums of money, accounts, controversies, agreements, promises, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which You shall or may have, by reason of any matter or cause.
- You, the client understand and agree that VetMedics Inc. provides pet transportation only and does not provide any diagnosis or prescriptions of any kind. Upon request by You, veterinary professionals are available for an additional fee to accompany the above mentioned pet or animal during transit to provide any medical or veterinary assistance.
- You, the client hereby authorize VetMedics to allow photography and or video footage to be taken and used for social media advertising purposes on Facebook, Instagram and company websites. These sites are www.vetmedics911.com, www.facebook.com/vetmedics, www.instagram.com/vetmedics911pets and www.thewalkingdog.co.
Transport services provided within certain NY local geographic areas as described in more detail on VetMedics Services website page. Also, refer to the Client Information Form detailing pricing and other essential information.
D. In-Home Pet Euthanasia & After Care Services
VetMedics provides ethical and humane end-of-life services for your beloved pet. In-Home Euthanasia is performed by, and/or under supervision of licensed veterinary professionals. Pet Parents considering euthanizing their pet should be familiar with the procedure by consulting with their veterinarian or by utilizing VetMedics Telehealth Services to speak with one of our licensed Providers. Your veterinarian or our licensed veterinary professionals, can help determine if your pet’s quality of life is past his or her optimal health and may recommend euthanasia.
VetMedics requires that your pet’s regular veterinarian be advised of your pet’s health condition and that Pet Parents must take into consideration his or her advice if possible medical treatment is an alternative option before considering euthanasia. When advised by your veterinarian that euthanasia is the last option available, only then can VetMedics perform in-home euthanasia for your pet. VetMedics may require your veterinarian’s recommendation orally or in writing, depending on if an established professional relationship between VetMedics and that veterinary practice exists. VetMedics assumes no responsibility or liability in decerning whether your pet’s health is past medical treatment, and that only YOUR Veterinarian can determine if euthanasia is the last viable option for your pet, and the Pet Parents decision to euthanize their pet, and to utilize VetMedics end-of life services.
E. After Care & Cremation Services
Upon your pet’s passing, the aftercare of your pet’s remains will need to be considered. VetMedics offers Aftercare & Cremation for your lost family friend.
Option For aftercare are:
A. Private Cremation:
With this option, your pet will be privately cremated at a licensed crematory. Your pet’s ashes are not communed with other remains, so that you may receive them back. If you prefer, your pet’s ashes may be delivered to you for a fee, or you may wish to pick them up at our facility.
B. Communal Cremation:
This option, your pet will be cremated with other beloved animals, and the crematory will scatter their ashes among the others. You will not receive your pet’s ashes.
C. Home Burial:
If you choose to bury your pet at home, please make sure to check the local regulations in your area. Unfortunately, VetMedics does not offer home burial services and our veterinarians do not assist with burial preparations.
D. Memorabilia:
VetMedics offers a selection of memorabilia items for your pet through 3rd party vendors. Some keepsakes include paw print impressions, memory boxes & custom cremation urns for your pet’s Ashes.
More information on the availability & pricing for End-of-Life and Aftercare Services can be found on our Website.
F. Pet Sitting, dog walking and boarding
VetMedics Pet Services include pet sitting, dog walking and boarding of your cat or dog. However, these services are performed within VetMedics operating range of approximate 10 mile radius of Vetmedics offices and as described by the Service Area Map . VetMedics reserves the right to determine the distance in which services are rendered. These services may be purchased & scheduled through 3rd Party websites. All tentative appointments made through these calendarized programs must be confirmed by VetMedics staff either by email, SMS text or telephone.
*VetMedics owns the subsidiary affiliate site TheWalkingDog.co. All terms and policies of The Walking Dog.co apply. Terms and Policies relating to pet sitting, dog walking and boarding can be found here.
G. Online Pet Products & Services
VetMedics may offer our own branded products or recommend other company’s pet-related products and services from time to time via our own website shopping cart or may participate in affiliate programs for 3rd party vendor websites. These items might include pet food and supplies, over-the-counter medications, and other pet nutritional health related items. Other services may include recommending basic behavioral dog training, physical training, and general pet wellness instructional guides and more.
With no additional cost to the consumer, VetMedics may be compensated by these 3rd party vendors for recommending their products. Although VetMedics tries to do its best vetting these 3rd party vendors, we can make no warranty or accept any liability to the value, accuracy, or the validity of claims made by these vendors. These companies have their own policies & terms of use which should be reviewed and accepted before purchasing. See Section 11 below for further information
All VetMedics Pet Services can be accessed via our website at vetmedics911.com (the “Site”) or via iOS and/or Android applications (Coming soon). For clarity, the Site and our Services are collectively referred to as the “Services.”
4. Changes to Terms or Services.
We reserve the right to update the Terms at any time, as we deem necessary. We will notify you of any changes by posting the updated Terms on the Site or through other communications. It is important that you review the Terms whenever you use the Services. If you continue to use them after we have posted updated Terms, it signifies that you agree to be bound by them. If not, then you must cease using the Services. As our Services are constantly evolving, we may change or discontinue all or part of it at any time and without notice.
5. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are (1) 18 years or older and capable of forming a legal binding contract with VetMedics, and (2) not barred from using the Services under applicable law.
(b) Registration and Your Information. In order to access certain features of the Services, you must create an account (“Account”). You can do this through the Site, iOS and/or Android applications, or by connecting your account with a third-party social networking service such as Facebook (each an “SNS Account”). If you choose to use your SNS Account, we will extract your name and email address as well as other personal information that is allowed by your privacy settings. For New York members, a physical address is required (no P.O. Box).
(c) You agree to provide us with accurate, complete, and up-to-date information for your Account, and to keep this information up-to-date. If you fail to do so, we may have to suspend or terminate your Account. You also agree not to disclose your account password and notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, regardless of whether you are aware of them.
6. Feedback
By submitting Feedback to us via email at support@vetmedics911.com, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use your intellectual property rights in any way we see fit. This includes the right to copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. Services & Payment.
You agree to pay the required fees (or certain portions thereof) for using the Services. Full payment of Services is due upon receipt of Services. Services such as transport via veterinary ambulance may require partial payment at initial contact. This would necessitate a major credit card to be on file, as a non-refundable deposit, as a “dispatch fee” in the event the ambulance is called off while our medical team is en route. Please be assured that no additional charges will be made until services have been rendered.
(a) General
If you purchase any of our Services or a subscription to our VetMedics Pet Care Plus Membership Services (called a “Transaction“), you give us (or our third-party payment processor) permission to charge you for the Transaction. We might ask for more information related to your Transaction, such as your credit card number, the expiration date of your credit card, and your email and physical addresses for billing and notifications (called “Payment Information“). For members in New York, please provide us with a physical address rather than a P.O. box address. By initiating a Transaction, you guarantee that you have the legal right to use any Payment Information provided and authorize us to share this information with third parties in order to complete your Transaction. You also agree to pay all applicable taxes and other charges associated with the type of Transaction selected. In some cases, additional information may be required in order to verify your identity; this information is included under the definition of Payment Information.
(b) Free Trial
You may be eligible for a free trial of the 24/7 telehealth service when you subscribe. The length of your free trial will be stated during online checkout. We reserve the right to determine your eligibility for a free trial, including creating multiple free trial accounts, and to modify or withdraw your free trial at any time without prior notice and without liability. If you are a free trial user, you agree that your use and access to the Services is subject to these Terms of Service. By agreeing to submit your Payment Information at registration for a free trial, you acknowledge that we will not process any fees during the trial period. On the final day of the free trial, we will convert it to a paid Subscription and process your Payment Information for the monthly or annual Subscription Fee as stated in Section 7. Subsequent automatic renewals will be subject to Sections 7(b), 7(c) and 7(d). If you wish to avoid being charged, you must cancel prior to the end of your free trial; if not, access to our Services will be terminated immediately upon cancellation.
(c) Membership Activation
Upon becoming a VetMedics Pet Care Plus paid member, you have the choice of electing the basic member telehealth service, or you can elect subscribing to the premium membership which in addition to the telehealth includes protection provided by the Emergency Medical Fund as more fully described below. If you elect only the telehealth service, you will be billed at the per call rate. However, you may elect to add Unlimited Telehealth and the Emergency Medical Fund coverage in the future that would incur an additional charge to be paid monthly or yearly as either a fixed, promotional one time or limited offers. VetMedics has the right to periodically change the applicable subscription fees (“Membership Fees”). Notice of these changes will be posted on our website or via electronic communications. The Membership Billing Date is the day you initially purchase the Membership Service. Unless you cancel your subscription before this date, your Membership Service will remain active. If you opt for an annual subscription to a Membership Service, VetMedics will send you a notification of renewal prior to the Membership Billing Date. VetMedics does not send out renewal notices for monthly subscriptions. This payment and all other such payments are non-refundable. In the event you elect to purchase the complete program you will be billed monthly or yearly at a single cost for both coverages.
(d) Subscription
You will be charged the monthly or annual subscription fee, plus any applicable taxes and other charges (“Subscription Fee”) on the date you purchase the Subscription and every month thereafter. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month (or yearly) on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription.
In the extent that the Emergency Funds are utilized, acceleration of remaining balance to the yearly subscription will be deducted from the medical billing.
For example; The pet parent has paid $49 for the first month of membership, however, still has 11 payments left in membership dues ($539 in total balance). If your Vet bill is $3,000, VetMedics final payment to the vet clinic would total $2,461 (the vet bill of $2,461.00 minus the 11 months of membership fees still due).
In this example, the new pet parent had an approved emergency by a veterinary professional, but the vet bill of $425 did not exceed the membership fee. The pet parent would then be responsible for paying the vet bill.
(e) Canceling your Subscription
You have up to 14 days from purchase of the membership to cancel your subscription. If for any reason you are unhappy with the membership, even if you have used our telehealth service just once prior to the trial period end, you may request a full refund. You can send an email to support@vetmedics911.com. You can also cancel your subscription by visiting on the Services page. You will be responsible for all Subscription Fees incurred for the then-current Subscription period.
IN NO EVENT WILL YOU RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD (WHETHER MONTLHY OR YEARLY SUBSCRIPTION), AT THE TIME OF CANCELLATION NOR CAN ANY PARTIAL REFUND BE ISSUED ONCE THE EMERGENCY FUND HAS BEEN RELEASED FOR TREAMENT OF YOUR PET.
If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges and would be no longer eligible to receive the $3,000 Emergency Medical Fund. By canceling your Subscription, you agree to waive your right to receive any funds in the event of an emergency.
8. Membership Services
If you have signed up for any Membership Services, Section 8’s terms will be applicable to the Membership Services included in your subscription. When you have access to VetMedics’s video telehealth feature as part of your Membership Service, you are allowed to make an unlimited number of video calls to a licensed veterinary professional 24/7 for any urgent or everyday health topics concerning your domestic, household pets. You will be able to stay with the same vet provider for up to 72 hours after each call. Our team of veterinary professionals may not be experienced with your type of pet, so they may suggest that you have a video call with a Provider or visit your local vet. Chat should only be used for non-urgent and non-life-threatening requests and basic health questions; prescriptions and prescription refills cannot be filled through the chat feature. *Please remember that only in an emergency would you be able to access the Emergency Tele-Vet outside of regular business hours. For all other telehealth inquiries, calls will be made at regular business hours and scheduled through the appointment scheduler
Emergency Fund
. If your Subscription includes access to VetMedics’s $3,000 Emergency Fund (the “Emergency Fund“), you will be subject to our VetMedics Emergency Fund Rules & Regulations. (which are incorporated by reference herein and which supplement these Terms). By subscribing to the Emergency Fund, you acknowledge and agree that:
(a) The purchase of Emergency Fund coverage does not constitute the offer and/or sale of pet insurance. The Emergency Fund is a supplemental benefit for the purchase of telehealth coverage.
(b) There is a 14-day mandatory waiting period upon starting your membership before the emergency fund is available to you. If you have just signed up and our team member determines you are having an emergency and need immediate care for your pet, the $3,000 fund will not yet be at your disposal. If you cancel and reactivate your account, you will have a mandatory 14-day waiting period after reactivating. Please note, you do have access to our team of veterinary professionals via chat and video during the waiting period.
(c) The VetMedics Pet Care Plus Membership is an annual subscription plan. The Emergency Fund is only available to you if the monthly or annual payments are made continuously and without interruption. If the payment method we have on file for you fails, you will lose access to your Emergency Fund as well as the Telehealth Services and any services included in the membership. You can update your payment method here.
If you cancel your account, you will lose access to your fund at the end of your payment term. No prorated refunds will be given. To clarify this; as a monthly payment subscriber, you will retain full use of the membership until the end of that billing cycle and will not be billed further, in which then you will no longer be eligible to receive the funds. A member that chooses to pay the yearly membership in full, cannot receive a refund for the remaining months of the plan and will still receive benefits of the membership until the end of that billing year.
Please note, that If a life-threatening emergency occurs before the end of your yearly subscription is paid in full, the remaining balance of the subscription fee will be deducted from the total emergency invoice at the time of payment to vet clinic.
(d) If you suspect your pet is having a life-threatening emergency and needs immediate care, you must consult our veterinary professionals before gaining access to your emergency fund. All emergencies must be assessed and referred by one of our veterinary professionals through the VetMedics platform.
A live face-to-face video call is the mandatory method to determine if it is an emergency or not. Utilizing the video chat assists in assessing the situation and provides, You, the member, a greater degree of knowledge of what is occurring with your pet. The exception to this is noted in (f) below.
(e) The Emergency Fund only pays for the initial emergency care. All other follow-up care is at the expense of the pet owner.
(f) Clients cannot access the Emergency Funds if the pet has been admitted prior to contacting one of our veterinary team for funds. The exception to this is if your pet is experiencing a severe medical emergency and it is in the best interest to seek immediate care. Vetmedics, at our sole discretion, retains the right to determine the criteria which warrants the waiving of the live face-to-face video call requirement. You agree that you are solely responsible for the decision about when and where to seek care, and the assessment of the VetMedics Emergency Fund team member is not a substitute for exercising your own judgment. This assessment should not be considered veterinary care for your pet.
(g) You have up to a maximum of 4 hours to take your pet to an emergency clinic or any vet clinic of your choice after being referred by our veterinary professionals. If you exceed the 4 hour period to use your emergency funds, the funds will not be released for your pet’s care.
You will not qualify for the Emergency Fund if our designated network veterinary clinicians have previously recommended a visit to your vet clinic and you failed to comply. Waiting to take your pet in for medical care can result in an unnecessary emergency for your pet and we do not support medical negligence.
(h) The Emergency Fund is only available for up to 6 registered household dogs and cats per membership. Additional animals may be added to membership at an additional fee. See Website for details. The Emergency Fund cannot be used for farm animals or any type of breeding activities. You will need to provide proof of ownership such as a pet license or registration.
You must wait 14 days before you can access the Emergency Fund after signing up (the “Wait Period”). If you add another eligible pet to your Account during your subscription term, there will be an additional 14-day Wait Period starting from when their profile is completed.
If one of Vetmedics’s Emergency Fund team members determines that your pet is having a life-threatening emergency and needs immediate care before the end of the Wait Period, you won’t be able to use the Emergency Fund. You’ll also have to go through the Wait Period again if you cancel and reactivate your Account.
The Emergency Fund isn’t insurance but it’s here to help in case an unexpected life-threatening emergency occurs.
(i) Your Emergency Fund is non-transferable to other parties and their pets.
(j) Funds are restricted to an annual, one-time pay-out regardless of the amount but up to $3,000. The Fund cannot be split up between different registered household pets in separate incidents, as only one emergency use of funds is allowed for one pet per membership calendar year. However, you will still retain access to the telehealth services for the remainder of the subscription period.
(k) The VetMedics Emergency Fund is only available for household dogs and cats, with a limit of 6 animals per pet family. An additional cost of $5.00 per mo. will be applied for each pet after the sixth.
(l) If you have been advised by our veterinary professionals to take your pet to a vet clinic and you failed to do so, you will not be eligible for the VetMedics Emergency Fund. We cannot condone postponing medical care for animals, as this can often cause an emergency situation that could have been avoided. No other form of medical negligence will be accepted.
(m) You can take your pet to any veterinary clinic located within the United States. Use of VetMedics’s Emergency Ambulance Service or other 3rd Party Ambulance Services is accepatble use of emergency funds, however services may be of limited availability, as geographical service area restrictions may be applicable.
(n) The Emergency Fund will provide up to a maximum of $250 for additional costs associated with euthanasia, such as cremation, within the overall limit of $3,000. Costs for any form of memorabilia are not eligible for coverage.
(o) The Emergency Fund cannot be used for emergencies arising from or in any way related to Pet breeding or pregnancy issues, including but not limited to nursing, neonates, and weaning.
(p) You must have completed profiles for all your pets with their name, age, weight, breed, and a clear photo in order to gain access to your Emergency Fund. If any of this information is missing, you will not be able to access your emergency fund.
(q) In the event of a life-threatening emergency, we will cover up to (1) one invoice for the care provided by a licensed vet for the duration of the treatment.
(r) Emergency Fund Payment process: If your use of the Emergency Fund is authorized, you will be provided instructions for the vet clinic which explain VetMedics’s payment methods. Once you have checked your pet into the hospital, please show the veterinary clinic employee the instructions sent by chat or email to inform them of how the payment process works. Once you have received your final invoice, the veterinary clinic will need to email the final invoice copy, as well as any medical notes directly to support@vetmedics911.com for review for payment.
Once reviewed, an Emergency Fund team member will complete payment to the treating veterinary clinic only over the phone for up to US.$3,000. If there is a balance over the VetMedics payment, you will be responsible for any remaining payments required. If your veterinary clinic requires a deposit, you are responsible for paying it. VetMedics does NOT pay deposits for estimates of veterinary care. If you are required to pay a deposit by your veterinary clinic, you are responsible for obtaining any refunds due to you directly from your veterinary clinic after VetMedics pays them directly for any authorized emergency treatments which may include all (or part) of the deposit you paid for upfront. You agree that any refunds from a veterinary clinic for Emergency Fund payments paid by VetMedics will be paid to VetMedics.
(s) A VetMedics Pet Care Plus Member can cancel their membership at any time. The member will lose access to the emergency fund at the end of their payment term. If a member cancels during the term following an emergency, and rejoins at a later date to qualify for coverage under the emergency fund, the prior anniversary date or at least 120 days of continuous membership, whichever is the greater, has to be met.
VetMedics reserves the right to cancel a membership if any of the following conditions are met: failure to provide the monthly or annual membership fee; obtaining membership through fraud, misrepresentation, or concealment; being found by a licensed veterinary professional to have grossly mistreated and/or abused the pet. Additionally, members who threaten or verbally abuse VetMedics’s professional staff will be immediately terminated from their membership.
(t) Coverage
The Fund Covers:
-
- Toxic ingestion*
- Choking and breathing difficulty
- Severe blockages
- Severe internal & external injuries
- Pre-existing conditions may be covered on a case-by-case basis
- Other serious, unexpected, dangerous situations that require immediate medical attention
The Fund Does Not Cover:
-
- Scheduled appointments
- Scheduled surgeries
- Regular check-ups and vaccinations
- Pregnancy and related issues
- Ingestion of recreational drugs such as Marijuana, CBD or other substances
- Parvovirus
As with any pet insurance, our veterinary professionals assess each case to determine if it qualifies as an emergency.
(u) Pet Safe Rewards Bonus: Our Pet Care Plus members can benefit from their pets staying healthy and safe and receive the Safe Pet Reward of up to 20% discount on renewal of your membership each year when your pets stay well and accident free. To clarify, this discount will remain in effect each year (after 365 days) your pet stays accident free and no emergency funds have been authorized. This will reset back to regular rates if the fund is accessed.
9. Content Ownership, Responsibility and Removal
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, transmitted or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to us through the Services (for example, information about your pet).
(b) Our Content Ownership. VetMedics does not claim any ownership of User Content and nothing in these Terms will limit your rights to use and exploit it. VetMedics and its licensors retain all right, title, and interest in the Services and Content, including all associated intellectual property rights. The Services and Content are protected by copyright, trademark, service mark laws of the United States as well as foreign countries. You must not remove, alter or obscure any copyright, trademark or service mark notices that are included with or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By transmitting any User Content through the Services, you grant VetMedics a non-exclusive, perpetual, assignable, global, royalty-free license with the right to sublicense. This license enables VetMedics to employ, duplicate, adjust, disseminate, exhibit and execute your User Content in association with running and furnishing the Services.
(d) Your Responsibility for User Content. You guarantee that all of your User Content is your sole responsibility, and that you possess all rights or have the appropriate authorization to grant us a license for it in these Terms. Additionally, you guarantee that your User Content, its use and distribution through the Services, and any use of your User Content by VetMedics on or through the Services, will not infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or any applicable law or regulation.
(e) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(f) Rights in Content Granted by VetMedics. Subject to your compliance with these Terms, VetMedics grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
10. General Prohibitions and VetMedics’s Enforcement Rights.
You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (I) Infringes upon a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights; (II) encourages any conduct that would violate any applicable law or regulation; (III) is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; (IV) promotes discrimination based on race/ethnicity/religion/gender/sexual orientation/disability; (V) is violent or threatening to any person or entity; (VI) promotes illegal activities and substances.
(b) Use, display, mirror, frame or otherwise exploit the Services or any individual element within the Services, VetMedics’s name, any VetMedics trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page without VetMedics’s express written consent. (I) Do not access, tamper with or use non-public areas of the Services, VetMedics’s computer systems or the technical delivery systems of VetMedics’s providers. (II) attempt to probe scan test the vulnerability of any VetMedics’s system or network nor breach any security authentication measures. (III) avoid bypass remove deactivate impair descramble circumvent any technological measure implemented by VetMedics its providers third parties (including another user) to protect either the Services or Content.
(c) Attempt to access, search, or download Content from the Services through any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VetMedics or other generally available third-party web browsers.
(d) Distribute any advertisements, promotional items, emails, unsolicited mail, spam, chain letters, or other types of solicitation without authorization.
(e) Use any VetMedics trademarks, logos, URLs, or product names in meta tags or other hidden text or metadata without VetMedics’ express written consent; (I) Use the Services, or any portion thereof, for commercial purposes or to benefit a third party; and do not use the Services in any manner that is not permitted by these Terms.
(f) Alter, deceive, or falsify any TCP/IP packet header information in any email or newsgroup posting, nor use the Services to send altered source-identifying information.
(g) Decipher, decode, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
(h) Interfere with, or attempt to interfere with, the access of any user, host or network by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
(i) Gather or save any personal data from the Services from other users of the Services without their explicit consent.
(j) Impersonate or misrepresent your affiliation with any person or organization.
(k) Violate any applicable law or regulation; or
(l) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content (including without limitation User Content), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Links to Third Party Websites or Resources
The Services may make available to you content provided by third parties, including links to third-party websites or resources (collectively, “Third Party Content”). We do not endorse or adopt any Third Party Content, and we are not responsible for any content, products or services that may be found on third-party websites or resources. You acknowledge that you are solely responsible for and assume all risk arising from your use of any third-party websites or resources and all interactions with such third-party websites or resources. We provide the Third Party Content to you only as a convenience, and we are not liable for any material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
12. Termination.
VetMedics may terminate your access to and use of the Services, we can do so at any time without notifying you. You can cancel your Account anytime by using the Services interface or sending us an email at support@vetmedic911.com. Even after termination, discontinuation or cancellation of the Services or your Account, Sections 7, 9(a), 9(b), 9(c), 9(d), 12, 13, 14, 15, 16, 17 and 18 will still apply.
13. Warranty Disclaimers
(a) The services and content provided are given “as is” and “as available”, without any guarantees. We explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, as well as any warranties that may arise from the course of dealing or usage of trade. We cannot guarantee that the Services will meet your needs or be available without interruption, securely, or free of errors. We do not make any warranties regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. The Content may contain information related to various medical conditions that could affect your pet; this information is only meant to provide general knowledge and should not be considered as medical advice.
Certain types of warranties or limitations on applicable statutory rights of a consumer may not be allowed in your jurisdiction, some or all of the exclusions and limitations mentioned above may not apply to you. However, the exclusions and limitations set forth in this section will be applied as much as possible according to applicable law.
(b) The advice provided by a veterinary professional through the Services is meant to help you make informed decisions about your pet’s medical care, but should not be seen as a substitute for an in-person evaluation with a veterinary doctor. As such, communications with veterinary professionals are limited and do not include the same safeguards and procedures that come with an in-person visit. By using the Services, no client-professional relationship is established between you and us. Communications with any professionals through the Services are not confidential and will not be subject to any associated privileges. Depending on your location, the laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question or situation may vary. Additionally, veterinary professionals available through the Services may only be licensed, certified or educated in certain jurisdictions or within certain fields.
(c) If you suspect your pet is having a medical emergency, seek immediate veterinary attention. You acknowledge and accept all risks involved with utilizing the Services.
14. Indemnity
.You agree to indemnify, defend and hold harmless VetMedics and its officers, directors, employees and agents from any and all claims, disputes, demands, liabilities, damages, losses, costs and expenses (including reasonable legal and accounting fees) arising out of or related to your access to or use of the Services; your User Content; or any breach of these Terms.
15. Limitation of Liability
(a) VetMedics and any other parties involved in creating, producing, or delivering the services will not be held responsible for any indirect, special, exemplary or consequential damages; lost profits; lost revenues; lost savings; lost business opportunity; loss of data or goodwill; service interruption; computer damage or system failure; the cost of substitute services of any kind that may arise out of or in connection with these terms or from the use of or inability to use the services or content. This applies regardless if it is based on warranty, contract, tort (including negligence), product liability or another legal theory and whether VetMedics and/or any other party has been informed about the possibility of such damage. Some jurisdictions do not allow for exclusion/limitation on liability for consequential/incidental damages so this limitation may not apply to you.
(b) In no event will VetMedics total liability arising out of or in connection with the terms or from the use of or inability to use the services exceed the amount you have paid to VetMedics for the use of the services or One Hundred ($100) if you have not had any payment obligation to VetMedics as applicable.
(c) The exclusions and limitations of damages set forth are essential parts of the agreement between VetMedics and you. You agree that any claim you may have arising out of or related to your relationship with VetMedics must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
16. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17, “Dispute Resolution”, the exclusive jurisdiction for all Disputes (defined below) that you and VetMedics are not required to arbitrate will be the state and federal courts located in the Northern District of New York (Albany Division), and you and VetMedics each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution.
(a) Mandatory Arbitration of Disputes: We each agree that any issues or disagreements related to these Terms, the use of the Services or Content (collectively known as “Disputes”), will be resolved solely through mandatory individual arbitration and not through a class action. You and VetMedics agree that the U.S. Federal Arbitration Act will be used for interpretation and enforcement of these Terms, and you and VetMedics are each waiving the right to a trial by jury or to participate in a class action. This arbitration clause remains valid even after these Terms have ended.
(b) Notwithstanding Section 17(a): We both may seek to settle a Dispute in small claims court if it is permissible, and we each retain the right to ask for injunctive or other equitable relief from a court to stop (or forbid) the infringement or theft of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If either party wishes to initiate arbitration, it must take place in the county (or parish) where the other party resides, unless both parties agree to a different location. The arbitrator shall have sole authority and jurisdiction over any issues regarding interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds your Dispute to be frivolous, we will seek to recover the filing, administration and arbitrator fees that we are responsible for paying. If we prevail in arbitration, all of our attorneys’ fees and costs will be covered by us and not sought from you. If you win the arbitration, you may receive an award of attorneys’ fees and expenses as allowed by applicable law.
(e) Injunctive and Declaratory Relief: Except as provided in Section 17(b) above, The arbitrator shall determine all matters of responsibility related to any claim asserted by either party, and may only award declaratory or injunctive relief in favor of the individual party seeking it and only to the extent necessary to provide the desired relief. If either you or we prevail on a claim and seek public injunctive relief (injunctive relief that seeks to stop future illegal acts which could cause harm to the public), then this must be resolved in a civil court of competent jurisdiction rather than arbitration. The parties agree that any questions concerning public injunctive relief should be postponed until after arbitration has ruled on the merits of any individual claims.
(f) Class Action Waiver: You and VetMedics may each bring claims against the other and agree that it must be resolved in an individual capacity. Neither You nor VetMedics may bring a claim as a plaintiff or class member in any purported class or representative proceeding. If the parties’ dispute is settled through arbitration, the arbitrator cannot consolidate another person’s claims with Yours, nor can they preside over any kind of representative or class proceeding. If this provision is found to be unenforceable, then the entire Dispute Resolution section will become void.
(g) Severability: With the exception of Section 17(f) of these Terms (“Class Action Waiver”) applies, if an arbitrator or court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, the remaining provisions will still remain in effect.
a) Entire Agreement. These Terms are the exclusive agreement between VetMedics and you regarding the Services, and supersede any prior verbal or written agreements. Should an arbitrator or court determine that any part of these Terms is invalid or unenforceable, that part will be enforced to the fullest extent permitted, and all other parts will remain in effect. You may not assign or transfer these Terms without VetMedics’s written consent. VetMedics may assign or transfer these Terms without restriction. Both parties, as well as their successors and permitted assigns, are bound by these Terms.
(b) Notices. Any notices or other communications from VetMedics under these Terms, including changes to these Terms, will be provided by email or posted on the Services. If sent by email, it will be deemed received on the date sent.
(c) Waiver of Rights. If VetMedics chooses not enforce any of the rights or provisions listed in these Terms, it will not be seen as a waiver of those rights or provisions. For a waiver to be valid, it must be written form and signed by an authorized representative from VetMedics. Any remedies used by either party under these Terms will not prevent them from using other remedies listed in these Terms or elsewhere.
19. Contact Information
If you have any questions about these Terms or the Services, please contact VetMedics at support@vetmedics911.com
