Terms of Service – Mobile App
Terms of Service
Last revised: June 18th, 2020.
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.greatpetcare.com (“GreatPetCare.com”), as owned and operated by Great Pet Care, LLC, a Metamorphosis Partners, LLC company (the “Company”). By using GreatPetCare.com you agree to be bound by the terms and conditions of this Agreement and GreatPetCare.com’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).
Accepting the Terms
By using the information, tools, software, features and functionality including content, updates and new releases located on GreatPetCare.com (together the “Service”), you agree to be bound by this Agreement as a registered “Member”. The term “you” or “User” refers to a Member. The term “we” refers to Great Pet Care, LLC. If you wish to become a Member, communicate with other Members and make use of the Service, you must read and accept the terms of this Agreement during Registration.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should or save a local copy of this Agreement for your records.
Privacy and your Personal Information
For information about the Company’s data protection practices, please read GreatPetCare.com’s Privacy and Security Policy which is hereby incorporated into this Agreement. This policy explains how the Company treats your personal information when you access GreatPetCare.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a personal health information management service for pets that allows Members to consolidate and track their pets’ health information on GreatPetCare.com. The Service is provided to you by the Company. and is meant as an aid to assist you in organizing and managing your health information. It is not intended to provide and does not provide medical advice.
Patient Information
With the Service, Members may direct the Company to retrieve your pet’s information maintained online or physically by third-party veterinary care providers with which they have a Veterinarian-Client-Patient Relationship (“VCPR Information”). The Company makes no effort to review the VCPR Information for any purpose, including but not limited to accuracy, legality, non-infringement, or irregularity. In order for the Service to function effectively, you must keep your VCPR Information up to date and accurate and confirm pet profile descriptions are not misrepresented (“Patient Information”).
Members have complete ownership and control of Patient Information, and we may reach out to Members periodically with communications related to the Services or Patient Information. We will retain a copy of Patient Information on behalf of the Member and archives for legal purposes. We will delete all Patient Information upon request, which means that third parties cannot query our database to find or access Patient Information.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information”.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify the Company immediately at the email address – [email protected].
Your Use of the Service
Your right to access and use GreatPetCare.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use GreatPetCare.comfor lawful purposes.
Your access and use of GreatPetCare.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of GreatPetCare.com or other actions that the Company, in its sole discretion, may elect to take, and the Company is not responsible for any outcomes as expanded in the following Liability and Indemnification sections of this Agreement.
Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. The Company makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
Online and Mobile Alerts
The Company may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your account. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you.
Electronic alerts will be sent to the email address register with. If your email address changes, you are responsible for informing us of that change. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your GreatPetCare.com Login ID and some general information about your account.
You understand and agree that the Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. We do not guarantee the delivery nor the accuracy of the content of any alert.
Rights You Grant to Us
By submitting log-in information, materials, and other information content to the Company through the Service, you are licensing that content to the Company and we may use and store the content solely for the purpose of providing the Service. By submitting this content to the Company, you represent that you are entitled to submit it to the Company for use for this purpose, without any obligation by the Company to pay any fees or other limitations.
By using the Service, you expressly authorize the Company to access your VCPR Information maintained by identified third parties, on your behalf as your agent. Either the Company or your identified third party will have the authority to enter the information you request for “Vaccination Records” onto your profile and storage database. You hereby authorize and permit the Company to use and store information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service. For purposes of this Agreement and solely to provide the Patient Information to you as part of the Service, you grant the Company a limited power of attorney, and appoint the Company as your attorney-in-fact and agent, to access third party records, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person, including VCPR Information. You acknowledge and agree that when the Company is accessing and retrieving Patient Information from designated third parties, the Company is acting as your agent, and not as the agent of or on behalf of the third party. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
The Company’s Intellectual Property Rights
The contents of GreatPetCare.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States laws and other copyright, trademark, and otherwise applicable laws. The contents of GreatPetCare.com belong or are licensed to the Company or its software or content suppliers. the Company grants you the right to view and use GreatPetCare.com subject to these terms.
You agree that the Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to the Company in any way. The Company will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Access and Interference
You agree that you will not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of GreatPetCare.com or the Service; or attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of GreatPetCare.com or the Service.
Social Media Sites
The Company may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Disclaimer of Representations and Warranties
The content and all services on GreatPetCare.com or provided through the Service are provided to you on an “as-is” basis. The Company makes no representations or warranties of any kind, express, or implied, regarding the accuracy, reliability, or completeness of the content on GreatPetCare.com, or the operation of GreatPetCare.com or the Service. You expressly agree that your use of the service is at your sole risk.
The Company expressly disclaims any warranties of non-infringement or fitness for a particular purpose.
The Company makes no representation, warranty, or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
The Company is not responsible for the products and services offered by or on third-party sites.
The Company cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. The Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications, or personalization settings.
Not Medical Advice
NEITHER the Company NOR the Service IS INTENDED TO PROVIDE MEDICAL ADVICE. The Service is intended only to assist you in viewing and organizing your health information. Your pet’s health situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any health decisions, you should and are encouraged to consult your veterinarian.
Limitations on the Company’s Liability
The Company shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from GreatPetCare.com, your use of the service or this agreement, even if the Company has been advised of the possibility of such damages.
Your Indemnification of The Company
You hereby expressly and irrevocably release and forever discharge the Company, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless the Company and the above listed affiliates from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or GreatPetCare.com Username and password, (iv) any violation of any rights of a third party.
Ending your relationship with the Company
This Agreement will continue to apply until terminated by either you or the Company as set out below. If you want to terminate your legal agreement with the Company, you may do so by closing your account for the Service.
The Company may at any time, terminate its legal agreement with you: (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if the Company in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (iii) immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Modifications
The Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the GreatPetCare.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
This Agreement, including any rights or obligations hereunder, is not assignable, transferable or sublicensable by you except with the Company’s prior written consent, but may be assigned or transferred by the Company without restriction. Any attempted assignment by you shall violate this Agreement and be void. The Company may assign this Agreement without your consent.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and the Company regarding the subject matter of the same, and supersedes all other previous agreements.