Terms of Service Small Door Veterinary

Last Revised on November 1, 2018

 

Welcome to the Terms of Service for Small Door Veterinary (“Terms”).

 

These Terms govern your use of and access to the sites, content, applications, services, tools and features (collectively, the “Services”) provided by Small Door Veterinary (“COMPANY”, “we” or “us”) related to our membership-based veterinary clinic servicesThe Services include, without limitation, the website smalldoorvet.com and the related Small Door Veterinary mobile applications (the “App”). Please read these Terms carefully, as they include important information about your legal rights.

 

By using or accessing the Services, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

 

Please note that Section 9 contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 9.

 

Table of Contents                                                                                                                               

1……… Who May Use the Services.

2……… User Accounts, Payment and Gift Cards.

3……… PRODUCT ORDERS.

4……… Location of Our Privacy Policy.

5……… Rights We Grant You.

6……… Ownership and Content.

7……… Third Party Services and Materials.

8……… Disclaimers, Limitations of Liability and Indemnification.

9……… ARBITRATION AND CLASS ACTION WAIVER.

10……. Additional Provisions.

 

1. Who May Use the Services

You must be 18 years of age or older and reside in the United States or any of its territories to use our Services. By using the Services, you represent and warrant that you meet this requirement.

 

2. User Accounts, Payment and Gift Cards

2.1 Creating and Safeguarding your Account. To use the Services, you will need to create a membership account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account directly by logging into the website http://www.smalldoorvet.com and clicking on the corresponding tab. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@smalldoorvet.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

 

2.2 Subscription Payment. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) we may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.  We reserve the right to change our subscription plans or adjust pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you.

 

2.3 Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly), and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period.  To avoid future subscription charges, you must cancel your subscription seven (7) days before the subscription period renewal date by doing the following: calling us at (917) 341-5100, emailing us at member@smalldoorvet.com, visiting one of our physical locations as listed at http://www.smalldoorvet.com/locations or chat with us using the online chat function on our website or our mobile app.

 

2.4 No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of your current billing period.

 

3. Product Orders

3.1 Product/Service Payment. The Service may permit you to purchase certain physical or digital products or services through the Service (“Products”).  The Products may also include products or services of third parties that are offered on the Service. You acknowledge and agree that all information you provide with regards to a purchase of Products, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue or limit the available quantity of any Products, and (b) refuse to allow any user to purchase any Products or deliver such Products to a user or a user designated address. When you purchase Products, you (a) agree to pay the price for such Products as set forth in the Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Our Service may allow you to purchase Products and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery or provision of the applicable Products. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.

 

3.2 Promotional and Referral Code.  We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts on future Products, or other features or benefits related to the Services, subject to any additional terms that Small Door Veterinary establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Small Door Veterinary; (d) may be disabled or have additional conditions applied to them by Small Door Veterinary at any time for any reason without liability to Small Door Veterinary; (e) may only be used pursuant to the specific terms that Small Door Veterinary establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Service; and (g) may expire prior to your use.

 

3.3 No Delivery to Children. In furtherance of our policy of not collecting personal information from persons under the age of 13, users are not allowed to give Small Door Veterinary the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.

 

4. Location of Our Privacy Policy

4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. For an explanation of our privacy practices, please visit our Privacy Policy at http://www.smalldoorvet.com/privacy.

 

5. Rights We Grant You

5.1 Restrictions On Your Use of the Services. You may not do any of the following, unless laws prohibit these restrictions or you have our written permission to do so:

a. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;

b. use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;

c. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

d. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;

e. use the Services for illegal, harassing, unethical, or disruptive purposes;

f. violate any applicable law or regulation in connection with your use of the Services; or

g. use the Services in any way not expressly permitted by these Terms.

 

5.2 Use of the App.  You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App or the Services.  We do not guarantee that the App or the Services can be accessed and used on any particular device or with any particular service plan.  We do not guarantee that the App or the Services will be available in, or that orders for products can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the App or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App or the Services, including your receipt of Push Messages from Small Door Veterinary. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App or the Services on your mobile device, including for your receipt of push messages from Small Door Veterinary.

 

5.3 Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Small Door Veterinary, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that 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, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. 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 solely governed by these Terms. You and Small Door Veterinary acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Small Door Veterinary acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Small Door Veterinary, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and Small Door Veterinary acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Term as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

 

6. Ownership and Content

6.1 Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Small Door Veterinary and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.  We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.

 

6.2 Ownership of Trademarks. The Small Door Veterinary name, the Small Door Veterinary logo and all related names, logos, product and service names, designs and slogans are trademarks of the Small Door Veterinary or its affiliates or licensors.  Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

7. Third Party Services and Materials

7.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

 

8. Disclaimers, Limitations of Liability and Indemnification

8.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Small Door Veterinary, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Small Door Veterinary Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Small Door Veterinary Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, communications maintained by the Services. No advice or information, whether oral or written, obtained from the Small Door Veterinary Entities or through the Services, will create any warranty or representation not expressly made herein.

 

8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE SMALL DOOR VETERINARY ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER  DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR PERFORMANCE OR NON-PERFORMANCE THEREOF AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE SMALL DOOR VETERINARY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.  NO CLAIM, ACTION OR DEMAND MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM, ACTION OR DEMAND.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SMALL DOOR VETERINARY ENTITIES’ TOTAL LIABILITY TO YOU OR ANY PARTY FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE SMALL DOOR VETERINARY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS IS AN AGGREGATE LIMIT, AND THE EXISTENCE OF ONE OR MORE CLAIM WILL NOT INCREASE THE LIMIT.

 

8.3 Indemnification. By entering into these Terms and using the Services, you agree that you shall defend, indemnify and hold the Small Door Veterinary Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; (d) Your Content, or (e) your negligence or willful misconduct.

 

9. ARBITRATION AND CLASS ACTION WAIVER

9.1 Informal Process First.  You agree that in the event of any dispute between you and the Small Door Veterinary Entities, you will first contact Small Door Veterinary and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

 

9.2 Arbitration Agreement and Class Action Waiver.  After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Small Door Veterinary’s services and/or products, including the Services, will be resolved by arbitration. You and Small Door Veterinary agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Small Door Veterinary are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Small Door Veterinary will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

 

9.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Small Door Veterinary will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

 

9.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@smalldoorvet.com or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Small Door Veterinary within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Small Door Veterinary also will not be bound by them.

 

10. Additional Provisions

10.1 SMS Messaging and Phone Calls.  Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that Small Door Veterinary may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Products. You also understand that you may opt out of receiving text messages from us at any time by contacting (917) 341-5100 or support@smalldoorvet.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

 

10.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms.  If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Small Door Veterinary website. However, it is your sole responsibility to review the Terms from time to time to view any such changes.  The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

 

10.3 Termination of License and Your Account. If you breach any of the terms of these Terms, all licenses granted by Small Door Veterinary will terminate automatically. Additionally, Small Door Veterinary may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Small Door Veterinary deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Small Door Veterinary or you. Termination will not limit any of Small Door Veterinary’s other rights or remedies at law or in equity.

 

10.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Small Door Veterinary for which monetary damages would not be an adequate remedy and Small Door Veterinary shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

 

10.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

10.6 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Small Door Veterinary but may not be assigned by you without the prior express written consent of Small Door Veterinary. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County.

 

10.7 How to Contact Us.   You may contact us regarding the Services or these Terms at: 915 Broadway, Suite 1210, New York, NY 10010, by phone at (917) 341-5100 or by e-mail at support@smalldoorvet.com.