Terms of Use

Last Updated: May 1, 2023

Introduction

These Terms of Use (“Terms”) govern your use of the VanVets website located at https://vanvets.com/ (“Website”), operated by VanVets Inc. (“VanVets”, “we”, “us”, or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use or access the Website.

We reserve the right to modify these Terms at any time without prior notice. You should review the Terms periodically to ensure you are aware of any changes. Your continued use of the Website following any modification to the Terms signifies your acceptance of those changes.

 
Eligibility

By using the Website, you represent and warrant that you are at least 18 years of age, or if you are under 18 years of age, you have obtained the consent of your parent or legal guardian to use the Website. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.

 
Services

The Website provides information about VanVets’ mobile veterinary services, including but not limited to safe and effective non-anesthetic teeth cleanings, wellness exams, microchipping, vaccines, travel certificates, and diagnostic tests. The Website also allows users to schedule appointments online for their pets. The services provided through the Website are subject to change at any time without notice.

 
User Accounts and Appointments

To schedule an appointment through the Website, you may be required to create a user account by providing accurate and complete information as prompted by the registration form. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use of your account or any other breach of security.

All appointments made through the Website are subject to availability and confirmation by VanVets. We reserve the right to cancel or reschedule appointments at our discretion. We will make reasonable efforts to notify you of any changes to your appointment.
 

Privacy Policy

Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your personal information.
 

Intellectual Property

The Website and all its content, including but not limited to text, graphics, logos, images, and software, are the property of VanVets or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, and revocable license to access and use the Website for your personal, non-commercial use only. Any other use or reproduction of the Website or its content is strictly prohibited without our prior written consent.
 

Third-Party Links and Services

The Website may contain links to third-party websites or services that are not owned or controlled by VanVets. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that VanVets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or services.
 

Limitation of Liability

To the fullest extent permitted by law, in no event shall VanVets, its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (1) your access to or use of or inability to access or use the Website; (2) any conduct or content of any third party on the Website; (3) any content obtained from the Website; (4) unauthorized access, use, or alteration of your transmissions or content; and (5) any other matter relating to the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
 

Indemnification

You agree to defend, indemnify, and hold harmless VanVets, its affiliates, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Website; (2) your violation of any term of these Terms; (3) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (4) any claim that your content caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Website.
 

Disclaimer of Warranties

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. VanVets expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that (1) the Website will meet your requirements; (2) the Website will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Website will be accurate or reliable; or (4) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.
 

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in Las Vegas, NV, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.
 

Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
 

Waiver

No waiver of any provision of these Terms by VanVets shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by VanVets to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
 

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VanVets with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.
 

Contact Information

If you have any questions or concerns about these Terms or your use of the Website, please contact us at [email protected] or 2831 St. Rose Pkwy, Suite 450, NV 89051.
 

Accessibility

VanVets is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards, including WCAG 2.0 accessibility standards up to Level AA. The Website incorporates the UserWay accessibility widget to assist users with disabilities in accessing and navigating the Website. If you encounter any issues or have suggestions on how to improve the accessibility of our Website, please contact us at [email protected].
 

Termination

We reserve the right, in our sole discretion, to terminate your access to the Website and your user account, without prior notice, for any reason or no reason, including but not limited to your violation of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
 

Force Majeure

VanVets shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
 

Assignment

You may not assign your rights and obligations under these Terms without the prior written consent of VanVets. VanVets may assign its rights and obligations under these Terms, in whole or in part, to any third party at its discretion, without notice.
 

Electronic Communications

By using the Website or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Website or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected].
 

Acknowledgement

By using the Website, you acknowledge that you have read these Terms, understand them, and agree to be bound by their terms and conditions.
 

Headings

The headings used in these Terms are for convenience and reference purposes only and shall not be used to interpret, construe, or otherwise affect the meaning or intent of these Terms.
 

Language

These Terms have been drafted in the English language. In the event of any discrepancy or inconsistency between the English version and any translation into another language, the English version shall prevail.
 

Feedback and Complaints

We welcome your feedback and suggestions about the Website, our services, or our policies. If you have any complaints, concerns, or questions, please contact us at [email protected]. We will make every effort to resolve your concerns promptly and professionally.
 

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
 

Relationship

These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and VanVets.
 

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 

No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
 

Non-Disparagement

You agree not to engage in any activity that disparages or harms the reputation, brand, or goodwill of VanVets, its services, or its employees, agents, or representatives.
 

Equitable Relief

You acknowledge and agree that any breach or threatened breach of these Terms may cause immediate and irreparable harm to VanVets that may not be adequately compensated by monetary damages. In such a case, and in addition to any other remedies available at law or in equity, VanVets shall have the right to seek immediate injunctive relief without the requirement of posting a bond or other security.
 

Notices

All notices, requests, and other communications under these Terms must be in writing and shall be deemed duly given when personally delivered or when mailed by certified or registered mail, return receipt requested, or when sent by email to the last known email address of the recipient on file with VanVets.
 

Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and the services provided therein. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of VanVets or others.
 

No Waiver of Rights

The failure of VanVets to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by VanVets.
 

Construction

If an ambiguity or question of intent or interpretation arises, these Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of these Terms.
 

Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
 

Dispute Resolution

1. Informal Resolution: In the event of any dispute, claim, or controversy arising out of or in connection with your use of the Website, the services, or these Terms (a “Dispute”), you and VanVets agree to first attempt to negotiate an informal resolution by contacting each other in good faith. If a resolution cannot be reached within thirty (30) days from the date of the initial contact, either party may proceed to the formal dispute resolution procedure described below.
2. Formal Resolution: If the parties are unable to resolve a Dispute informally, then the Dispute shall be finally settled by binding arbitration administered by a reputable arbitration organization, under its rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be in Las Vegas, NV. The language to be used in the arbitral proceedings shall be English. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.
3. Exceptions: Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
4. Waiver of Class Actions: You and VanVets agree that any proceedings to resolve a Dispute will be conducted on an individual basis and not in a class, consolidated, or representative action. You further agree not to participate in any class action or similar representative proceeding against VanVets, whether in arbitration or in court.

 

Questions and Contact Information

If you have any questions about these Terms or our practices, please contact us at [email protected] or 2831 St. Rose Pkwy, Suite 450, NV 89051.
 

Effective Date

These Terms of Use are effective as of May 5, 2023 and will remain in effect unless modified in accordance with these Terms.