Terms of Service
(last updated September 26, 2023)
These Anipanion Terms of Service (the “Terms”) constitute
a binding agreement between you and Animan Technologies, Inc., dba
Anipanion (“Anipanion,” “we,” or “ us”) with respect to your access to or use of the Service
(as defined herein). The Service is offered subject to your acceptance,
without modification, of all terms and conditions set forth herein.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT”, BY ACCESSING OR
USING THE SERVICE OR ANY PORTION THEREOF IN ANY MANNER, OR BY PLACING ANY
ORDER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE
BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND
DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT
(COLLECTIVELY, THE “AGREEMENT”); (B) AFFIRM THAT YOU ARE
AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE
JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON
BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU
HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH
COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR
ORGANIZATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS, USE,
INSTALL, OR ORDER THE SERVICE OR ANY PRODUCTS (AS DEFINED BELOW).
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE
WITH THE TERMS OF SECTION 23 ( ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER) BELOW.
ANIPANION MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH
ANY PART OF THIS AGREEMENT. THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW,
AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH
“You” as used herein means the natural person or entity that has agreed to
be bound by this Agreement, including, without limitation, (i) veterinary
practices, animal care providers, or other similar entities that purchase
or otherwise register for access to the Service on a subscription or other
basis (a “Subscriber”), (ii) individual employees or
representatives of a Subscriber (including, by way of example and not by
limitation, veterinarians, veterinary technicians, and other veterinary or
animal care professionals) who access or use the Service as an authorized
user of such Subscriber (an “Authorized User”), or (iii) a
person or entity, other than a Subscriber or Authorized User, that
purchases or otherwise registers for access to the Service for purposes of
accessing telemedical veterinary care from a Subscriber (including through
an Authorized User) for an animal in such person or entity’s care,
ownership or control, or for accessing, using, or purchasing other
animal-related product, services, and functionalities (a “ Pet Parent”).
THE SERVICE. Anipanion operates an online service through its website with a
homepage at https://anipanion.com/, its subdomains and/or other
websites, and those associated mobile or desktop applications
designated by Anipanion for use with such services from time to time
(the “Site”), including all features, content, tools,
applications, application program interfaces, widgets and other tools
and services included thereon (collectively, the “ Service”), which service facilitates and enables
veterinary service and other animal care providers to offer and provide
behavioral and wellness video call consultation and other non-emergency
telemedical veterinary and animal care services to existing clients and
their pets (the “Pet Subject”) and permits Pet Parents
to access and/or purchase additional third-party products and services
and to utilize activity tracking and other functionality. If you are a
Subscriber, the scope of your access to the Service may be determined
or otherwise limited by the terms of the applicable Subscription Plan
(as defined below) selected by you, which Subscription Plan will be
identified and described on an order form executed by Subscriber and
Anipanion and incorporating these Terms, or through such other ordering
process (including via telephone, email, or online registration) as may
be permitted by Anipanion from time to time (an “Order
”). Anipanion may choose not to accept Orders at its sole and absolute
discretion. For the avoidance of doubt, all Orders accepted by
Anipanion shall be subject to the terms and conditions of this
CHANGES TO THE AGREEMENT
. Anipanion reserves the right to modify or change this Agreement and
its terms, as well as the fees and other amounts charged for the
Service, at any time and in its sole discretion. Any modifications or
changes will be effective immediately upon posting at the Site, unless
otherwise specified in the updated Agreement. You waive any right you
may have to receive specific notice of any modifications or changes,
except as otherwise required by law. Your continued access to and use
of the Site and Service confirms your acceptance of this Agreement and
any changes or modifications made to the Agreement. You should review
frequently and ensure you understand all terms, conditions, and
policies applicable to your access to and use of the Site and Service.
ACCESS TO THE SERVICE.
. If you are a Subscriber or Authorized User, the Service is
offered on a subscription basis and in accordance with the
individual service plan selected by Subscriber and identified in
the Order (a “Subscription Plan”). We may modify,
terminate, or replace the Service or any Subscription Plan from
time to time in our sole discretion and without prior notice. If
you are a Subscriber, you should carefully review the scope and
limitations of any Subscription Plan prior to placing an Order.
Subscribers and Authorized Users
. Subject to and conditioned upon Subscriber’s compliance with the
terms and conditions of this Agreement, Anipanion will provide to
Subscriber’s Authorized Users access to and use of the Service, in
accordance with Subscriber’s Subscription Plan and during
Subscriber’s paid-up subscription period, as set forth in the
. If you are a Pet Parent, Anipanion will, subject to and
conditioned upon your compliance with the terms and conditions of
this Agreement, provide you with access to and use of the Service,
solely for your personal, non-commercial use.
. The rights granted under Section 3(b) and Section 3(c) hereof are
non-exclusive, non-transferable (except in accordance with Section
24(c) hereof), non-sublicensable, and revocable (in accordance with
the terms hereof). Anipanion may suspend or terminate Subscriber’s
or any Authorized User’s or Pet Parent’s access to the Service or
any component thereof if Anipanion reasonably determines that
Subscriber or such Authorized User or Pet Parent has violated any
term or condition of this Agreement. Subscriber will be liable to
Anipanion for any violation of the terms and conditions of this
Agreement by Subscriber or any Authorized User.
Rights of Subscriber
. As between Anipanion and Subscriber, Subscriber shall be
responsible for determining the scope and level of each Authorized
User’s access to the Service; subject, however, to the scope and
limitations of the rights granted under Section 3(b). Subscriber
may, at any time and in its sole discretion, revoke or limit the
access of any Authorized User to the Service. If, at any time,
Subscriber ceases to classify an individual as an Authorized User
hereunder, all rights of such person to access or use the Service
shall immediately cease.
. In order to access and use the Service or certain features thereof,
you may be required to establish an Anipanion user account (a “ User Account”). You must provide true, accurate,
current, and complete information as prompted by the applicable
registration or login form, and you are responsible for keeping such
information up to date. You are responsible and liable for all
activities conducted through your User Account, regardless of who
conducts those activities. You are responsible for maintaining the
confidentiality of any user IDs, passwords and other credentials
associated with your User Account, and shall immediately notify
Anipanion of any actual or suspected unauthorized access to or use of
your User Account or any associated user IDs, passwords, and other
credentials. You will cooperate fully with Anipanion and take all
actions that Anipanion reasonably deems necessary to maintain or
enhance the security of the Service, Anipanion’s computing systems and
networks, and your access to the Service. Anipanion is not and shall
not be deemed liable for any loss or damage to you arising from your
(or, if you are a Subscriber, your Authorized Users’) failure to comply
with this Section 4.
. You shall not and shall not attempt to (and, if you are a Subscriber,
you shall ensure that your Authorized Users do not and do not attempt
to): (i) copy, reproduce, modify, decompile, disassemble, or reverse
engineer the Service or any associated software or materials (except to
the extent that applicable law prohibits or restricts reverse
engineering restrictions); (ii) provide any third parties with access
to any of the Service, or use any of the Service for time sharing or
similar purposes for the benefit of any third party; (iii) remove any
copyright or proprietary notices contained in the Service or any output
thereof; (iv) breach, disable or tamper with, or develop or use any
workaround for, any security measure provided or used by the Service;
(v) access the Service via any bot, web crawler or non-human user; (vi)
misrepresent your identity; (vii) stalk or harass any other user of the
Service; (viii) access or use (or permit a third party to access or
use) the Service for any unlawful purpose or for purposes of monitoring
the availability, performance or functionality of the Service or for
any other benchmarking or competitive purposes; or (ix) make any use
of, or take any other action with respect to, the Site or Service or
any component thereof in a manner that violates applicable law, any
provision of this Agreement, or, if you are a Subscriber or Authorized
User, any professional or ethical rules or guidelines applicable to
CONTENT AVAILABLE THROUGH THE SITE DOES NOT PROVIDE MEDICAL ADVICE
FOR YOUR PETS
All content provided on the site such as text, graphics, images,
and other materials created by Anipanion or 3rd party
providers are for educational and informational purposes only. Any
and all content-related information on the site is not intended to
diagnose, treat or cure your pet and is not a substitute for
veterinary care provided by a licensed veterinarian. For any
medical or health related advice concerning the care and treatment
of your pet, please contact your veterinary care provider.
3rd Party Providers.
All 3rd Party Provider Content is provided ‘as-is’ and shall be
used for educational and informational purposes only. Do not
disregard professional veterinary advice or delay in seeking it
because of something that was read on the Anipanion site.
- PetMD. PetMD offers information, articles, and advice through this site for educational purposes only. For any medical or health related advice concerning the care and treatment of your pet contact your veterinarian or local animal hospital. Upon accessing any PetMD content through the site, you agree to abide by PetMD’s legal notices, which can be found here.
CONTENT FROM USERS
. As between you and Anipanion, you are solely responsible for the
accuracy, quality, integrity, legality, reliability, and
appropriateness of all User Content and other information,
materials, or content that you (or, if you are a Subscriber, that
any of your Authorized Users) upload, input, or post, or authorize
for upload or input or posting, to or otherwise in connection with
the Service. Without limiting the generality of the foregoing, you
shall not (nor, if you are a Subscriber, shall you permit any
Authorized User to) upload, input or post (or authorize the upload,
input or posting of) any User Content or other information,
materials or content that (i) infringes the intellectual property
rights, rights of privacy or publicity, or other proprietary rights
of any third party, (ii) violates any applicable law, (iii) is, or
is likely to be considered, immoral, libelous, tortuous,
defamatory, threatening, vulgar, or obscene or harmful to minors,
or (iv) contains any malware, viruses, Trojan horses, spyware,
worms, or other malicious or harmful code. You acknowledge and
agree that Anipanion does not, nor is it obligated to, monitor or
police any communications or data, information, materials, or
content (including User Content) transmitted through or posted to
the Site or the Service and Anipanion will not be responsible for
such data, information, materials, or content (including User
Content). Notwithstanding the foregoing, however, Anipanion may, at
its option and in its sole discretion, remove or delete from the
Site or Service any data, information, materials, or content
(including any User Content) that Anipanion determines violates the
terms of this Agreement. For purposes of this Agreement, “ User Content” shall mean any data, materials,
trademarks, logos, tradenames, or information that you upload or
input (or if you are a Subscriber, that any Authorized User uploads
or inputs), including verbally or in audio or visual format, into,
through, or in connection with the Site or Service.
Content Transmitted Through the Service
. The Service includes certain features that enable Authorized
Users to message Pet Parents, and Pet Parents to message Authorized
Users, including in real time (collectively, “ User Messaging”). Any opinions, recommendations,
offers, advice, or other information disseminated through User
Messaging or verbally through the Service are those of the
respective user, and Anipanion shall have no responsibility or
liability with respect to the same. All User Messaging and other
communication accomplished through the Service shall constitute
User Content hereunder and is subject to the requirements and
restrictions set forth in Section 6(a) hereof. If you believe that
another user has violated these Terms, including, without
limitation, with respect to User Messaging or User Content, please
promptly report the violation to Anipanion via email at firstname.lastname@example.org.
License to User Content
. You hereby grant to Anipanion a non-exclusive, perpetual,
irrevocable, worldwide, royalty-free, fully paid-up, and fully
sublicensable right (including any moral rights) and license to
use, store, copy, distribute, publicly perform, communicate to the
public, host, stream, publicly display, modify, and create
derivative works of any User Content for any and all Anipanion
business purposes, including (without limitation) to operate the
Service and to make the Service available to Subscribers,
Authorized Users, and Pet Parents. You represent and warrant to
Anipanion that you have all rights necessary to grant the rights
and licenses granted to Anipanion under these Terms.
. You are responsible for your (or in the case of a Subscriber, your
Authorized Users’) use of the Service and compliance with this
Agreement, and for all User Content (including, without limitation,
User Messaging). You agree to (i) obtain all third-party consents or
approvals that may be necessary for the collection, use, transmission,
and uploading of User Content or other content sent to or by means of
the Service by you or on your behalf (or, in the case of a Subscriber,
by or on behalf of your Authorized Users), and (ii) comply with all
applicable laws and regulations with respect to your access to or use
of the Service, including without limitation those pertaining to
privacy, data security, and publicity.
. You acknowledge and agree that the access to and use of the Service
by you (and, if you are a Subscriber, by any Authorized User) is
dependent upon access to telecommunications and Internet services. You
acknowledge that Anipanion is not responsible for acquiring or
maintaining any telecommunications or Internet services or other
hardware or software that you (or, if you are a Subscriber, that any
Authorized User) may need to access and use the Service, or for any
costs, fees, expenses, or taxes of any kind related to the foregoing.
TERM AND TERMINATION
. This Agreement shall remain in full force and effect while you use
the Service. Anipanion may terminate or restrict your access to any or
all of the Service or your User Account, for any reason, and without
warning, and Anipanion reserves the right to discontinue or modify any
aspect of the Service at any time. Any termination of these Terms is
without prejudice to any rights and obligations of the parties accrued
up to and including the date of termination. Upon termination of these
Terms, you will remain liable for any accrued charges and amounts which
become due for payment before or after termination and immediately
cease to use the Service.
PURCHASES THROUGH THE SERVICE.
Through the Service, Pet Parents may purchase certain products or
related services advertised for sale through the Site (“ Products”). Any purchases of Products through the
Service shall be governed by the terms set forth in this Section 10 and
by such other applicable terms as may be included in these Terms or
presented at the point of purchase.
. You agree that your order of any Product through the Service is
an offer to buy, pursuant to these Terms, the applicable Product.
All orders must be accepted by us or we will not be obligated to
sell the Products to you. We may choose not to accept orders at our
sole discretion, even after we send you a confirmation with your
order number and details of the items you have ordered.
. All Product prices, discounts, and promotions posted on or
through the Service are subject to change without notice. The price
charged for a Product will be the price in effect at the time the
order is placed and will be set out in your order confirmation.
Price increases will only apply to orders placed after such
changes. Posted prices do not include taxes or charges for shipping
and handling. All such taxes and charges will be added to your
merchandise total, and will be itemized in your shopping cart and
in your order confirmation. We strive to display accurate price
information, however we may, on occasion, make inadvertent
typographical errors, inaccuracies or omissions related to pricing
and availability. We reserve the right to correct any errors,
inaccuracies, or omissions at any time and to cancel any orders
arising from such occurrences.
Risk of Loss
. Anipanion will arrange for shipment of purchased Products to you.
Please review the specific delivery options offered at the point of
purchase. You will pay all shipping and handling charges specified
during the ordering process. Shipping and handling charges are
reimbursement for the costs we incur in the processing, handling,
packing, shipping, and delivery of your Product order. Title and
risk of loss pass to you upon our transfer of the Products to the
applicable carrier. Shipping and delivery dates are estimates only
and cannot be guaranteed. Anipanion is not liable for any delays in
. Certain Products may be eligible for purchase and delivery
through Anipanion’s AutoShip program. Where you select the
‘AutoShip’ option with respect to any eligible Product, you are
signing up for continuous shipments of such Product at the
frequency you select. When you place your initial order for a
Product through the AutoShip program, you will receive a notice
that your AutoShip subscription has been created and your initial
order will be processed. Your initial order will be processed
immediately and your Payment Method (as defined below) will be
charged at the time the order is placed.
Your AutoShip subscription will thereafter automatically create
a new order for the applicable Product according to your chosen
shipment schedule, until you cancel.
For subsequent orders of that Product through the AutoShip program,
you will receive a pre-shipment email notification (7 days prior to
the scheduled shipment date) reminding you of the upcoming Product
order shipment and explaining how you may edit or cancel the order.
You may edit or cancel your AutoShip order any time prior to (12:00
AM on the day prior to your designated shipment date). If you do
not cancel your AutoShip order prior to this time, your order will
be deemed authorized and Anipanion will process the order and
charge your Payment Method the then-current Product purchase price
and all shipping and handling charges, less any applicable
promotions with respect to which you are eligible. If we are unable
to complete your AutoShip order with the Payment Method listed in
your User Account, we will notify you, however your AutoShip Order
will not be placed until your User Account is updated to include a
valid Payment Method. You may cancel or adjust your AutoShip
program preferences at any time through your User Account.
Anipanion reserves the right to modify or change the terms and
conditions applicable to or cancel the AutoShip program at any time
and in its sole discretion.
Returns and Refunds.
- Returns. Anipanion does not offer courtesy returns for any reason. All sales on our site are considered final or non-returnable, except for any Products that arrive with a defect or damage to the product.Anipanion will accept a return of Products purchased by you for a refund of your purchase price, provided Anipanion is notified within 2 days of receipt of the products that have arrived damaged. You may contact the Shop Support team for return inquiries through the account section of the app or by emailing email@example.com.
For defective products that arise during the warranty period and thereafter the return window outlined above, please contact the manufacturer directly and refer to the manufacturer’s warranty (see Section 10(f) below) included with the Product or as detailed in the Product’s description viewable through the Service. Warranty related items will need to be handled directly with the manufacturer and will not be the responsibility of Anipanion.
Refunds. Refunds or product replacements are processed within approximately 5 business days of our receipt of the Product. Your refund will be credited back to the Payment Method used by you at the time of purchase.
. Anipanion does not manufacture or control any of the Products
offered for purchase through the Service. The listing of Products
or the availability of Products through the Service does not
indicate that we are affiliated with or endorse any Product or its
manufacturer. Accordingly, Anipanion does not provide any
warranties with respect to the Products made available through the
Service. Products offered through the Service may, however, be
covered by a manufacturer's warranty, as more specifically detailed
in the Product's description on the Service and/or and included
with the Product. To obtain warranty service for defective
Products, please follow the instructions included in any provided
. YOU AFFIRM THAT ANIPANION IS NOT AND SHALL NOT BE LIABLE, UNDER
ANY CIRCUMSTANCES, FOR THE PERFORMANCE OF ANY PRODUCT OR PRODUCT
MANUFACTURER, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES
ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY
OBLIGATIONS TO YOU. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, ALL PRODUCTS AVAILABLE THROUGH THE SERVICE ARE SUBJECT
TO ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE
TERMS, INCLUDING WITHOUT LIMITATION AS SET FORTH IN SECTIONS 18 AND
20. AS BETWEEN YOU AND ANIPANION, YOU ARE SOLELY RESPONSIBLE FOR
DETERMINING THE APPROPRIATENESS OF ANY PRODUCTS FOR YOUR USE. ALL
PRODUCTS ARE PURCHASED BY YOU AT YOUR SOLE RISK.
Export and Resale
. You represent and warrant that you are purchasing Products
through the Service for your own personal or household use only,
and not for resale or export. You further represent and warrant
that all purchases are intended for final delivery to locations
within the United States.
SERVICE FEES AND OTHER CHARGES.
. In order to purchase access to the Service (either on a
subscription basis if you are a Subscriber, or on a per-Service
Appointment (as defined below) basis if you are a Pet Parent) or to
purchase Products through the Service (if you are a Pet Parent),
you must have a current valid credit card or other payment method
acceptable to Anipanion (a "Payment Method"). By
providing a Payment Method to Anipanion, you are expressly
authorizing Anipanion to charge you for any purchases you make
through the Service and for all service fees, subscription fees, or
other amounts applicable to your access to and use of the Service,
at the applicable frequency and at the then-current rate. Except as
otherwise set forth herein, Anipanion will bill all applicable
subscription fees, service fees, and other fees and amounts in
advance and to the Payment Method you listed in your User Account,
or to a different Payment Method if you provide us with a different
Payment Method in connection with the applicable purchase. For
purchases of Products through the Service, we will bill, at the
time of purchase, the Payment Method you use in connection with the
. If you are a Subscriber, your subscription to the Service may be
preceded by a free trial (a “Trial”). We reserve
the right, in our sole discretion, to determine your eligibility
for a Trial and to modify the scope and availability of any Trial
at any time. If you receive a Trial, you may only use those
portions of the Service included in your Trial, only for the
duration of that Trial, and only for the purpose of evaluating the
desirability of purchasing the Service. Upon the expiration of any
Trial period, your access to the Service will cease, except where
Subscriber has purchased and/or registered for a Subscription Plan
in accordance with the terms hereof.
Per-Use Service Fees
. If you are a Pet Parent, the service fees applicable to your use
of the Service shall be determined by the applicable Subscriber.
Please visit the Telemedicine page of the applicable Subscriber’s
website to view the then-current fees applicable to a virtual visit
or chat consultation conducted by the Subscriber through the
Service (each, a “Service Appointment”). We will
charge your Payment Method at the Subscriber’s then-current rate
upon completion of your Service Appointment. ALL SERVICE FEES
PAYABLE UNDER THIS SECTION ARE FULLY EARNED UPON PAYMENT AND ARE
. As consideration for Anipanion’s provision of the Service
hereunder to Subscriber and any Authorized Users, Subscriber will
pay to Anipanion all subscription fees and other amounts set forth
hereunder or in the Order. Unless otherwise expressly established
in the Order, the subscription fees and payment terms applicable to
Subscriber’s Subscription Plan are displayed at the point of
purchase. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 11(e), ALL
SUBSCRIPTION FEES ARE NON-REFUNDABLE.
. If you are a Subscriber, your Subscription Plan will
automatically renew for additional subscription terms of the same
length upon expiration of your initial subscription term unless and
until you cancel your Subscription Plan or we terminate it. YOU
MUST CANCEL YOUR SUBSCRIPTION PLAN WITHIN 15 CALENDAR DAYS OF ANY
RENEWAL IN ORDER TO BE ELIGIBLE FOR ANY RETURN OF SUBSCRIPTION FEES
FOR THE THEN-CURRENT RENEWAL SUBSCRIPTION. ANY SUBSCRIPTIONS NOT
CANCELED WITHIN SUCH 15-DAY GRACE PERIOD SHALL NOT BE ELIGIBLE FOR
ANY RETURN OF FEES.
. Unless otherwise established in an applicable Order or otherwise
set forth in Section 11(e) hereof with respect to cancelations
within 15-days of any renewal, you may cancel your Subscription
Plan at any time; provided, however, that any such cancellation
shall not become effective until the expiration of your
then-current subscription term. Except where you cancel within 15
calendar days of the commencement of any renewal period, if you
cancel your Subscription Plan, you will continue to have access to
the Service in accordance with the terms of your applicable
Subscription Plan for the remainder of the then-current
subscription term. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11(E)
HEREOF, ANIPANION DOES NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT
TO THE SERVICE OR ANY SUBSCRIPTION PLAN, INCLUDING FOR ANY
PARTIALLY-USED SUBSCRIPTION TERMS. To cancel a Subscription Plan,
please send a written cancelation request via email to Anipanion at firstname.lastname@example.org, and include the phrase “CANCEL
SUBSCRIPTION” in the subject line. For additional information or
for assistance, please contact Anipanion’s customer support team at email@example.com. Cancelations of Subscription Plans
will only be effective when submitted in compliance with the
requirements of, and as set forth in, this Section 11(f).
. The fees and other payment amounts specified in this Agreement
are exclusive of taxes, duties, levies, tariffs, and other
governmental charges (including, without limitation, VAT)
(collectively, “Taxes”). Subscriber or Pet Parent,
as applicable, shall be responsible for payment of all Taxes and
any related interest and/or penalties resulting from any payments
made hereunder, other than any taxes based on Anipanion’s net
Anipanion may offer from time-to-time promotions on the Site or
with respect to the Service or any Products that may affect pricing
and that are governed by terms and conditions separate from these
Terms. If there is a conflict between the terms for a promotion and
these Terms, the promotion terms will govern.
In App Purchases.
- General Information. Anipanion provides the option for users to make purchases directly within the app, termed as "In-App Purchases". If you decide to make an In-App Purchase, be aware that additional terms, which will be presented at the time of the purchase, might apply. By proceeding with the purchase, you're agreeing to these additional terms.
Payment Methods. For In-App Purchases, Anipanion offers a couple of payment options ("Payment Methods"): (a) through third-party platforms like the Apple App Store or Google Play Store ("Third-Party Platforms"), and (b) by using your credit or debit card. When you confirm an In-App Purchase, you're giving Anipanion permission to charge your selected Payment Method. If for some reason, the payment doesn't go through, you'll be responsible for settling the due amount immediately.
Subscriptions & Automatic Renewal. Anipanion offers certain services on a subscription basis, e.g., one month, three month, or six month subscriptions, referred to as "Premium Services". It's crucial to understand that IF YOU OPT FOR AN AUTO-RENEWING SUBSCRIPTION, IT WILL CONTINUE TO RENEW AT THE END OF ITS TERM, CHARGED AT ANIPANION'S CURRENT RATES, UNLESS YOU CANCEL. To avoid being charged for another term, you'll need to cancel your subscription (as detailed below) before the current term ends. Simply deleting your account or the app won't cancel the subscription. If there's a change in the pricing for the Premium Services you're subscribed to, we'll notify you. If you don't cancel post-notification, you're agreeing to the new price.
Managing and Cancelling Subscriptions. Because your subscription was made via a Third-Party Platform, either the Apple App Store or the Google Play Store, you'll have to navigate to your account on the respective platform and abide by their guidelines to either adjust or end your subscription. Upon cancelling, you're entitled to the benefits of your subscription up to the conclusion of your last paid term. However, (i) barring specific conditions laid out in the "Refunds" section, you won't qualify for a prorated refund, (ii) there won't be an automatic renewal of your subscription once the existing term culminates, and (iii) after this period, the functionalities of the Premium Services or any In-App Purchases activated by your subscription won't be accessible. It's worth noting that even if you halt your subscription, your profile remains active on our platform, given our services can be accessed without a subscription. To entirely disengage and remove your profile from Anipanion, go to the profile section of the account tab in the app and select ‘Delete My Account’. Being a global entity, Anipanion's pricing framework is multifaceted and contingent on diverse variables. Often, we roll out promotional rates which may fluctuate based on factors like geographical location, subscription tenure, package size, and more. Furthermore, we're continually evolving, piloting new features and payment methods. Anipanion, at its discretion, retains the authority to (i) adjust the available amount of, or terminate the availability of any product, feature, service, or other offerings, (ii) stipulate conditions on honoring any promotional tools like coupons or discounts, (iii) prohibit any user from executing a transaction, and (iv) withhold any product or service from a user or to repudiate any proposal.
Free Trial Periods. Should you opt for a free trial, it's crucial to understand that failing to cancel within the trial period might result in the automatic transition of your trial into a paid subscription. Consequently, your Payment Method will incur charges based on the prevailing subscription rates. Once your free trial evolves into a paid subscription, it's set to renew automatically at the close of each cycle. Your Payment Method will face recurring charges unless you initiate a cancellation prior to the expiration of the ongoing subscription or trial duration, as outlined previously.Note that merely deleting your account or removing the application from your device isn't equivalent to terminating your free trial. Moreover, if you've previously enrolled for a free trial on Anipanion via platforms like the Apple Store or Google Play Store, you'll no longer qualify for subsequent free trials. In such instances, the system will default to registering you for a subscription, and the associated costs will be debited as described in this section.
Refunds. As a general rule, all charges related to purchases are final and cannot be refunded. This also means that no refunds or credits will be issued for periods that were only partially utilized.For subscribers based in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, specific terms apply: YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE BUMBLE) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.
Requesting a Refund. For those eligible, simply canceling doesn’t guarantee a refund. To secure one, an explicit refund request is required. Apple ID Subscribers: Refund processes for subscriptions made via your Apple ID are managed by Apple, not Anipanion. To ask for a refund, navigate to iTunes, tap on your Apple ID, choose “Purchase history”, locate the relevant transaction, and select “Report Problem”. Alternatively, direct your request to: https://getsupport.apple.com.
Other Purchases. For purchases made elsewhere, reach out to our customer support team, ensuring you have your order number on hand. This number can be found in the order confirmation email or, for those who made purchases via the Google Play Store, by signing into Google Wallet. If you prefer traditional mail methods, you're welcome to post or hand-deliver a dated and signed notice stating your intent to cancel this agreement (or words conveying a similar intent). Make sure to include the email or mobile number linked to your account, along with your order number. Send this notice to: Anipanion, Attn.: Cancellations, 1111 Sixth Ave Suite 300, San Diego, CA, 92101.
Taxes. Payments outlined in this section don't account for any Sales Tax potentially due in relation to the Premium Services as per these terms. If Anipanion determines there's a need to collect a Sales Tax from you based on these Terms, such Sales Tax will be gathered in addition to the established payments in this section. If, for any reason, any Premium Services or their respective payments fall under Sales Tax in a particular jurisdiction and you haven't submitted the required Sales Tax to Anipanion, you'll be held accountable for settling this Sales Tax, including any associated penalties or interest, with the pertinent tax authority. In this context, "Sales Tax" is defined as any sales or use tax, and any other tax gauged by sales proceeds, essentially acting as a sales tax in jurisdictions that don't impose a traditional sales or use tax.
DOCUMENT RETENTION; DATA USE.
. You agree and acknowledge that Anipanion is not a provider of
data back-up, archiving, or data retention services. As between you
and Anipanion, you are solely and exclusively responsible for the
backing up, archiving, and retaining of all User Content or any
other of your information, data, or materials, including, without
limitation, all veterinary charts and patient records. While
Anipanion adheres to reasonable policies and procedures intended to
prevent the loss of User Content, including a daily system back-up
regime, Anipanion does not make any representations, warranties or
guarantees that the User Content or other of your information, data
or materials will not be lost, altered, destroyed, damaged, or
corrupted. ANIPANION HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS,
ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF ANY
. If you are a Subscriber and your Subscription Plan includes
integration with a practice information management system (a “ PIMS”), Anipanion will work with the applicable
PIMS to complete the installation of an integration agent for the
purpose of reading and write-back access of all PIMS data
(including, without limitation, transactions, client and patient
data (including but not limited to Pet Parent name, phone number,
and email, pet name, status (alive, deceased, active, inactive),
gender, species, breed, date of birth, etc.), medical history,
patients, product line items, invoices, schedule availability,
appointment types, and any other data that may help improve the
Service, etc.) (collectively “PIMS Data”). By
accepting these Terms, including by accessing or using the Site or
Service in any manner, you consent to the collection, processing
and sharing of PIMS Data with any such PIMS. This PIMS integration
will continue until Subscriber formally requests via email at firstname.lastname@example.org that Anipanion revoke access via the
Service to the applicable PIMS. For purposes of this Agreement, all
data, records, information, or other materials made available or
accessible through the Service by means of a PIMS integration,
including PIMS Data, shall be considered User Content hereunder.
You agree and acknowledge that any PIMS with which the Service is
integrated is a Third Party Service (as defined below), and
Anipanion shall have no responsibility, obligation, or liability
with respect to the same.
Data Use Rights
. You acknowledge that, in order for Anipanion to deliver the
Service at a high level of quality, Anipanion requires the ability
to apply its algorithms, know-how and methodology. Accordingly, and
notwithstanding anything herein to the contrary and in addition to
all other rights granted hereunder, you hereby grant to Anipanion
permission to use, on an aggregated and de-identified basis, any
User Content or other information that Anipanion learns, acquires,
or obtains in connection with this Agreement, for the purposes of
providing and improving the Service and Anipanion’s products and
services. You also grant to Anipanion permission to share or
publish summary results relating to research data and to distribute
or license such data to third parties.
Use of User Content
. You acknowledge that, in addition to all other rights granted
hereunder, Anipanion may, in connection with and as part of its
provision of the Service, collect, collate, and compile certain
User Content and other content uploaded or submitted to the Service
by other users (including Authorized Users and Pet Parents)
relating to a specific Pet Subject for the purpose of creating a
comprehensive compilation of health, service, and behavioral
information and related data with respect to, and over the life of,
that particular Pet Subject (a “Life Record”). If
you are a Pet Parent that has purchased access to your Pet
Subject’s Life Record, Anipanion will use reasonable efforts to
maintain the security of all information included within the Life
Record and to prevent the loss of such data.
Use of Name and Logo.
If you are a Subscriber, you hereby grant to Anipanion the right to
use or reference your name, trade name, trademark, service mark,
logo, trade device, sales collateral, promotional material, or
simulation thereof (“Marketing Materials”) to
advertise, promote and/or market Anipanion and/or the Services to
third parties in advertising, publicity, articles, websites, social
media, marketing, promotional or sales collateral materials.
Anipanion’s use of the Marketing Materials hereunder does not
create any ownership right therein and all rights not granted to
Anipanion are reserved by you.
. By accepting the Terms, on your behalf and on behalf of any other
persons or Pet Subjects that you are responsible for:
Subscriber and Pet Parent Communication
- You consent that Anipanion can communicate with you by phone or electronically via in-app messages, texts, e-mails or any other suitable form of electronic communication (“Messages”).
- You consent to receiving Messages from Anipanion related to the Service
such as but not limited to Messages about access, appointments, quality of
service, and availability, as well as Messages that are ancillary to the
Service, such as but not limited to Messages about new product
announcements, product recommendations, and other promotions.
- You agree that Anipanion can contact you at any time regarding the
- You agree that Anipanion can employ and use automated means and/or a
third-party messaging service to send Messages or contact you regarding the
- You understand that you can revoke your consent to receiving promotional
Messages at any time by updating your notification preferences in the
account settings of the Service or contacting the Anipanion support team
directly by emailing email@example.com.
- You understand that telehealth appointments provided under the Service
will be virtual and electronically held.
- You accept that you are responsible for keeping your contact
information and clients’ contact information up-to-date to the best of your knowledge while using the Service.
- You agree that you have collected all necessary consents from your
clients for Anipanion to send communications on behalf of the Site or
- You accept that Anipanion will send messages to your clients on or
through the Site or Service in a professional manner.
- You understand that Anipanion will not send communications to your
clients after receipt of an opt-out request with the exception of
confirming the opt-out request in compliance with applicable law.
Short Code Messaging Program from Anipanion Pet Care (SMS Terms of Service)
- For the site or service, Anipanion offers a communication feature that sends text message notifications to Subscribers, Pet Parents and other users about important account related information.
- Upon subscribing to the Site or Service, Anipanion utilizes an SMS Short Code Text Messaging feature, that will send you a text message from 70473 (our special 5 digit telephone number) confirming that you have opted in to receive text messages from Anipanion Pet Care.
- You may text “STOP” to 70473 at any time to disable the text notification feature. After sending the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. Once unsubscribed, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- You may text “HELP” to 70473 if you are experiencing issues with the messaging program or you can get help directly by emailing firstname.lastname@example.org.
Message frequency may vary, and message and data rates may apply.
This following list of carriers is subject to change, and carriers are not liable for any delayed or undelivered messages. Based on the most recent version of the terms of service, the following carriers support SMS Text Messaging from Anipanion Pet Care: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
For any technical inquiries or questions about the Anipanion Pet Care short code messaging program, please contact our support team at email@example.com. For
You acknowledge and agree that all information collected by Anipanion
accessing or using the Service, you consent to all actions we take with
Anipanion Intellectual Property
. As between you and Anipanion, the Service, Site, and all software
and other technologies embodied in or used to provide the same, and
all intellectual property rights therein or relating thereto, are
and shall remain the exclusive property of Anipanion.
. To the extent you provide Anipanion with any suggestions, feature
requests, evaluation results, feedback, or other input in relation
to any aspect of the Site or Service (collectively, “ Feedback”), you hereby assign and agree to assign
to Anipanion all right, title and interest in and to such Feedback,
including any intellectual property rights therein, and agree that
Anipanion will be free to use such Feedback in any manner,
including by implementing such Feedback in the Service and/or
Anipanion’s other technologies, products and services, without
compensation or other obligation to you.
THIRD PARTY APPLICATIONS.
The Service may contain links to or otherwise allow you to access third
party applications and services (“Third Party Services
”) that are not owned or controlled by Anipanion. When you access third
party websites or Third Party Services, you do so at your own risk. If
you enable Third Party Services for use in conjunction with the
Service, you acknowledge that Anipanion may allow the providers of
those Third Party Services to access or provide User Content as
required for the interoperation of such Third Party Services with the
Service. Anipanion is not responsible for any disclosure, loss,
alteration, destruction, damage, corruption, or deletion of any User
Content resulting from any such access by Third Party Service
providers. Anipanion encourages you to be aware when you leave the
third-party website or Third Party Service (“ Third Party Terms”) that you visit or from which you
access any product or service. Anipanion has no control over, and
assumes no responsibility for, the content, accuracy, Third Party
Terms, or practices of any third-party website or Third Party Service.
In addition, Anipanion will not and cannot monitor, verify, censor, or
edit the content of any third-party website or Third Party Service.
When you visit or use a third party’s website or Third Party Service,
you acknowledge that such website or Third Party Service is subject to
the applicable Third Party Terms, and you release us from any liability
directly arising from your use of such websites or Third Party Service.
You acknowledge that we are not responsible for such third parties or
their products or services. Any such activities, and any Third Party
Terms associated with such activities, are solely between you and the
applicable third party.
REPRESENTATIONS AND WARRANTIES; OTHER TERMS
Representations and Warranties
. You represent, warrant, and covenant that:
- You are authorized to use the Service and to access all information and
data (including all User Content) that you input or import into the
Service, and including any such information or data inputted or imported
into the Service by any person you have authorized to use the Service
(including, without limitation, any PIMS);
- You own or otherwise have any and all necessary rights in and third
party consents relating to such information and data, so that Anipanion’s
receipt, possession, and processing of such information and data (including
any User Content) does not and will not infringe, misappropriate, or
otherwise violate the intellectual property rights or any privacy or other
rights of any third party or violate any applicable law, rule, or
- You are authorized to access the processed information and data
(including User Content) that is made available to you through your access
to and use of the Service (whether that information and data is your own or
that of anyone else); and
- If you are a Subscriber or Authorized User, you are acquiring the right
to access and use the Service for the purposes of a business and that, to
the maximum extent permitted by law, any statutory consumer guarantees or
legislation intended to protect non-business consumers in any jurisdiction
does not apply to these Terms, the Service, or the provision thereof.
Authorized User Terms
. If you are a veterinarian, veterinary technician, or other
veterinary professional and access the Services as an Authorized
User, you agree and acknowledge that use of the Service is intended
to facilitate the provision of telehealth veterinary services to
only your existing clients.
You agree and acknowledge that a valid
cannot be established online, by email, or over the telephone
. The requirements of a valid VCPR may vary state to state within
the United States and in other countries. By accessing or using the
Service, you agree to abide by all laws, rules, regulations, and
professional standards applicable to veterinary medicine practice
in your state or jurisdiction, including, without limitation, the
principles of Veterinary Medical Ethics of the American Veterinary
Medical Association or such other governing bodies in your
jurisdiction. You agree and covenant that you are and shall remain
in good standing in each state or jurisdiction in which you
practice veterinary medicine. Additionally, you agree and covenant
- you have provided to Anipanion true, accurate, complete and up to date
details about your qualifications and credentials;
- you are solely responsible for complying with all applicable veterinary
medicine and other laws, and shall confirm, prior to any use of the
Service, that any use of the Service by you is consistent with all legal
requirements and professional standards applicable to you; and
- as between you and Anipanion, you are solely and exclusively
responsible for your provision of veterinary services to Pet Parents and
patients, including all advice and treatment recommended or provided, and
shall indemnify and hold Anipanion harmless with respect to the same.
. You also agree and acknowledge that:
- Anipanion is not your veterinarian and use of the Service does not
constitute the receipt from Anipanion of any veterinary or other medical
advice or counsel. If you have any veterinary questions, please contact a
- it is solely your responsibility to determine that the Service meets
your needs and/or the needs of your business or pet, as applicable, and is
suitable for the purposes for which it is used; and
- the Service is intended only for use within the United States.
Anipanion makes no representations or warranties that the Service is
appropriate for use or access in other locations. If you access or use the
Service from any other location, you do so on your own initiative and at
your own risk, and you alone are responsible for complying with all
applicable law with respect to the same. We reserve the right to limit the
availability of the Service and/or the provision of any content, program,
product (including any Product), service or other feature to any person,
geographic area, or jurisdiction, at any time and in our sole discretion,
and to limit the quantities of any such content, program, product, service
or other feature that we provide.
DISCLAIMER OF WARRANTIES.
THE SERVICE, THE SITE, AND THE PRODUCTS ARE PROVIDED TO YOU ON AN “AS
IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND
ANIPANION HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER ANIPANION NOR ANY PERSON
ASSOCIATED WITH ANIPANION MAKES ANY REPRESENTATION OR WARRANTY WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY,
OR AVAILABILITY OF THE SITE, THE SERVICE, OR ANY PRODUCTS. WITHOUT
LIMITING THE FOREGOING, NEITHER ANIPANION NOR ANYONE ASSOCIATED WITH
ANIPANION REPRESENTS OR WARRANTS THAT THE SERVICE, THE SITE, THE
PRODUCTS, OR ANY RESULTS GENERATED FROM THE USE OF THE SAME, WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICE, THE SITE, THE PRODUCTS (WHERE APPLICABLE),
OR THE SERVERS THAT MAKE THE FOREGOING AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE, THE SITE, OR THE
PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AS BETWEEN YOU
AND ANIPANION, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF,
INTERPRETATION OF, AND RELIANCE ON THE SERVICE, THE SITE, THE PRODUCTS,
AND ALL CONTENT AND RESULTS GENERATED THEREBY.
YOU AGREE AND ACKNOWLEDGE THAT ANIPANION IS NOT OBLIGATED TO, AND SHALL
NOT, INDEPENDENTLY VERIFY ANY INFORMATION WITH RESPECT TO ANY VETERINARIAN,
VETERINARY TECHNICIAN, OR OTHER VETERINARY PROFESSIONAL OR ANIMAL CARE
PROVIDER (OR INDIVIDUAL HOLDING THEMSELVES OUT AS THE SAME) THAT ACCESSES
OR USES THE SERVICE IN THE CAPACITY OF AN AUTHORIZED USER, INCLUDING,
WITHOUT LIMITATION, SUCH INDIVIDUAL’S PROFESSIONAL PROFILE, COMPETENCY,
CREDENTIALS, BACKGROUND, OR PROFICIENCY. ANIPANION CANNOT AND DOES NOT
CONTROL THE SERVICES PERFORMED BY OR ACTIONS OF ANY SUBSCRIBER OR
AUTHORIZED USER, OR ANY OTHER VETERINARY PROFESSIONAL OR ANIMAL CARE
YOU AGREE AND ACKNOWLEDGE THAT ANIPANION IS NOT RESPONSIBLE FOR,
AND SHALL NOT BE LIABLE IN ANY WAY FOR, ANY ACTS OR OMISSIONS OF ANY
VETERINARIAN, VETERINARY TECHNICIAN, OTHER VETERINARY PROFESSIONAL OR OTHER
ANIMAL CARE PROVIDER, ANY THIRD PARTY SERVICE PROVIDER (INCLUDING, WITHOUT
LIMITATION, ANY PIMS OR PRODUCT MANUFACTURER) OR ANY USER OF THE SITE OR
Some jurisdictions do not allow the exclusion or limitation of certain
warranties, so some of the exclusions and/or limitations in this Section 18
may not apply to you.
. You agree to indemnify, defend, and hold Anipanion and its officers,
directors, employees, agents, licensors, and service providers harmless
from and against any claims, liabilities, losses, damages, judgments,
awards, costs, and expenses (including reasonable attorneys’ fees)
arising out of or resulting from (a) your access to and use of (and
with respect to a Subscriber, your Authorized Users’ access to and use
of) the Service and Site, or any violation of this Agreement or
applicable law; (b) if you are a Subscriber or Authorized User, your
practice or provision of veterinary medicine or other animal care
services, in any form, including any use of the Service by you in
connection with the same; and (c) any User Content posted or uploaded
to, or otherwise made available through, the Service. We reserve the
right, at our own expense, to assume the exclusive defense and control
of any action subject to indemnification by you, and in such event you
agree to cooperate with us in defending such action.
LIMITATION OF LIABILITY
. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANIPANION OR
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE
PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR
RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE
SERVICE OR SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OR ILLNESS OF PETS; OR
LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION, ANIPANION IS FOUND LIABLE FOR ANY LOSS OR
DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER
OF THIS AGREEMENT, IN NO EVENT WILL ANIPANION’S AGGREGATE LIABILITY TO
YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY
YOU TO ANIPANION IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST
GIVING RISE TO ANY CLAIM. If you are not satisfied with the Service,
your sole and exclusive remedy is to cancel your subscription (if
applicable) and cease all use of the Service. Some jurisdictions do not
allow the exclusion or limitation of certain consequential damages, so
some of the exclusions and/or limitations in this Section 18 may not
apply to you.
You and Anipanion each understand and agree that the disclaimers,
exclusions, and limitations in this Section 20 and in Section 18 are
essential elements of this Agreement and that they represent a reasonable
allocation of risk. In particular, you understand that Anipanion would be
unable to make the Site or Service available to you except on these terms
and agree that this Agreement will survive and apply even if any limited
remedy specified in this Agreement is found to have failed of its essential
DIGITAL MILLENNIUM COPYRIGHT ACT.
Anipanion is committed to respecting and protecting the legal rights of
copyright owners in accordance with the Digital Millennium Copyright Act
(Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe
any content infringes your intellectual property rights, please submit a
notice to us describing such infringement (a “ DMCA Takedown Notice”) with the following information:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access disabled
and information reasonably sufficient to permit the service provider to
locate the material;
- Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, email
- A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
- A statement that, under penalty of perjury, the information in the
notification is accurate and you are authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notice should be sent to: firstname.lastname@example.org. You
acknowledge that for Anipanion to be authorized to takedown any content,
your DMCA Takedown Notice must comply with all of the requirements of this
. If you encounter technical problems when using the Service, please
ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS THE RIGHTS THAT YOU MAY
OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH
INDIVIDUAL ARBITRATION INSTEAD OF TRIAL COURTS AND CLASS ACTIONS. THIS “ ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER” SECTION SURVIVES ANY
EXPIRATION OR EARLIER TERMINATION OF THESE TERMS.
Informal Dispute Resolution
. As a condition precedent which must be satisfied prior to initiating any
arbitration or other action against the other party, both you and Anipanion
agree to the following dispute resolution procedure: In the event of any
controversy, claim, action or dispute arising out of or related to the Site
or the Service, or the breach, enforcement, interpretation, or validity of
this Agreement ("Claim"), the party asserting the Claim
must first try in good faith to settle such Claim by providing written
notice, by first class or registered mail, to the other party describing
the facts and circumstances (including any supporting documentation) of the
Claim. The party asserting the Claim must allow the receiving party 30 days
in which to respond to or settle the Claim.
For purposes of this Section, notices must be sent as follows:
If to Anipanion: to 1111 Sixth Street, Suite 300, San Diego, Ca 92101
with a copy emailed to email@example.com.
If to you: to your last-used billing address or the billing and/or
delivery address listed in your User Account.
. To the extent you cannot resolve any Claim through the informal dispute
resolution procedure set forth above, and except as otherwise set forth
herein, a Claim must be resolved through binding individual arbitration.
You agree to give up your right to go to court to assert or defend your
rights under this Agreement and with respect to any Claim. You and
Anipanion each expressly delegate to the arbitrator the authority to
determine the arbitrability of any Claim, including the scope,
applicability, validity, and enforceability of this arbitration provision.
To begin an arbitration proceeding, you must send a written request to
Anipanion at: 1111 Sixth Street, Suite 300, San Diego, Ca 92101 with a copy
emailed to firstname.lastname@example.org You agree that the arbitration will be
conducted by the American Arbitration Association (“AAA”)
pursuant to its Consumer Arbitration Rules (“AAA Rules”),
as modified by this Arbitration Agreement. The AAA Rules are available on
the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In
accordance with the AAA Rules, you must also send a copy of your written
demand for arbitration to AAA when submitting your request to Anipanion. In
the event that the AAA is unable or unwilling to initiate arbitration
within fourteen (14) days of receiving a demand for arbitration,
arbitration may be conducted by JAMS, Inc. (in accordance with its
Streamlined Arbitration Rules & Procedures) or by any other mutually
agreeable arbitration administration service. You and Anipanion each agree
that this Agreement evidences a transaction in interstate commerce and that
this arbitration provision will be interpreted and enforced in accordance
with the U.S. Federal Arbitration Act and federal arbitration law and will
not be governed by state law. You may choose to have the arbitration
conducted by telephone, based on written submissions, or in person in the
county where you live or at another mutually agreed location. The
arbitration will be conducted in the English language. An arbitrator may
award on an individual basis any relief that would be available in a court,
including injunctive or declaratory relief to the extent required to
satisfy your individual claim, and must follow and enforce this Agreement
as a court would. Any arbitration shall be confidential, and neither you
nor Anipanion may disclose the existence, content or results of any
arbitration, except as may be required by law or for purposes of
enforcement of the arbitration award. Judgment on any arbitration award may
be entered in any court having proper jurisdiction.
In lieu of arbitration, and notwithstanding anything in this Section to the
contrary, either you or Anipanion may bring any individual claim in small
claims court consistent with the jurisdictional and dollar limits that may
apply, but only if it is brought and maintained as an individual claim.
Additionally, and notwithstanding anything herein to the contrary, nothing
in this Section shall prohibit you or Anipanion from seeking temporary
injunctive relief in a court of competent jurisdiction to prevent an
imminent or stop an actual breach of this Agreement.
Class Action and Jury Waiver
. You and Anipanion each agree that any proceeding, whether in arbitration
or in court, will be conducted only on an individual basis and not in a
class, consolidated or representative action. If a court or arbitrator
determines in an action between you and Anipanion that this class action
waiver is unenforceable, the arbitration agreement set forth above will be
void as to you. If for any reason a Claim proceeds in court rather than
through arbitration, you and we each waive any right to a jury trial. ANY
CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS
. You agree and acknowledge that the Site and/or Service may be
temporarily unavailable due to maintenance or other development
activities. Anipanion will use commercially reasonable efforts to
provide you with advance notice of any such unavailability, but
shall not have any liability to you for any planned or unplanned
unavailability or downtime.
. We will not be liable for any delay or failure in the performance
of our obligations under these Terms if the delay or failure is due
to any cause outside of our reasonable control.
. You may not assign or transfer any rights to any other person
without Anipanion’s prior written consent. Any purported assignment
in violation of this paragraph is void and of no effect. This
Agreement shall be binding on the parties and their permitted
successors and assigns. A person who is not a party to these Terms
has no right to benefit under or to enforce any term of these
Governing Law and Venue
. These Terms and any dispute or claim arising out of or related to
these Terms, their subject matter, or their formation (in each
case, including non-contractual disputes or claims) shall be
governed by and construed in accordance with the laws of the State
of California, other than such laws and case law that would result
in the application of the laws of a jurisdiction other than the
State of California. The United Nations Convention on Contracts for
the International Sale of Goods shall have no applicability. Any
dispute between the parties that is not subject to arbitration or
cannot be heard in small claims court will be resolved in the state
or federal courts located in San Diego, California.
. Any notice given under these Terms by any party to another party
must be in writing and sent by email, and will be deemed to have
been given upon transmission. Notices to Anipanion must be sent to email@example.com. Notices to you will be sent to any
email address associated with your User Account. For contractual
purposes, you consent to receive communications from us in
electronic form, including via text message for purposes of our
provision of the Service, and you agree that all terms and
conditions, agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
Severability and Waiver
. If any part or provision of these Terms is held by a court of
competent jurisdiction to be invalid, unenforceable, or in conflict
with the law, that part or provision shall be replaced with a
provision which, as far as possible, accomplishes the original
purpose of that part or provision, and the remainder of these Terms
will continue in full force and effect. Our failure to exercise or
enforce any right or provision of these Terms will not constitute a
waiver of such right or provision. If we waive any breach of these
Terms, such waiver will not constitute a waiver of any other
breach. No waiver will be effective unless made in writing.
constitute the sole and entire agreement between you and Anipanion
with respect to the subject matter hereof, and supersede and
extinguish all prior agreements, representations (whether oral or
written), and understandings regarding such subject matter. The
provisions of the following Sections of these Terms will survive
any termination of this Agreement: Sections 2, 4 (with respect to
the final sentence thereof) 5-7, 9-10, 11(g), 12, 15-21, and 23-24.
For more information or other questions, please contact our customer
support team by email at firstname.lastname@example.org. You may report a
complaint, if you are a resident of California, to the Complaint Assistance
Unit of the Division of Consumer Services at the California Department of
Consumer Affairs by telephone at (800) 952-5210 or by mail at 400 R Street,
Sacramento, CA 95814, United States.