pethelpline Terms of Service

This pethelpline Terms of Service Agreement (“Agreement”) is made by and between SafetyCall International, LLC (“SafetyCall,” “we,” “us,” or “our“) and you, (“you,” “your,” “pet owner” or “Direct-Pay Subscriber,” “Subscriber,” “Employee Benefit Member,” or “Member,” as applicable). Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you may not register for, subscribe to, access, use, or be provided our Services. IMPORTANT NOTICE: SECTION 13 OF THIS AGREEMENT CONTAINS A BINDING DISPUTE RESOLUTION THROUGH ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER AS WELL AS A WAIVER OF TRIAL BY JURY THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 13 CAREFULLY AS YOU ARE BOUND BY ITS TERMS WHEN YOU AGREE TO THIS AGREEMENT.

1.              Our Services and the Scope of this Agreement.

As used in this Agreement, “pethelpline Services,” “our Services,” “the Services” or “Services” mean the personalized pet wellness telehealth service provided by SafetyCall including any pethelpline Veterinary Professional to Members or Subscribers concerning their Registered Pet(s), as well as all associated information and materials that we make available solely to Subscribers or Members, including the selection, arrangement, design, layout, and organization thereof (the “pethelpline Content“). The pethelpline Content includes, but is not limited to our emails to Members and Subscribers, information communicated by us including by a Veterinary Professional to pet owners via our phone hotline, and other materials, information, or functions offered exclusively to Members or Subscribers on or through any pethelpline user interface, including, without limitation, on or through https://pethelpline.com (the “Site“). As used in this Agreement, “Veterinary Professional” means a person we make available through the pethelpline Services to discuss or provide advice to pet owners concerning their Registered Pet’s care or wellbeing on topics such as, but not limited to, training, nutrition, and behavioral guidance; toxicology and poisoning support; and pet wellness advice. “Registered Pet(s)” means the pet(s) a pet owner specifically identifies during the registration process by providing details such as name, age, weight, species, and breed, and registers to be the subject of personalized Services under the pet owner’s Membership Benefit or Subscription Plan. In this Agreement, “Employee Benefit Member” or “Member” refers to any person with an active Employee Benefit Membership, as defined in Section 3 of this Agreement. “Direct-Pay Subscriber” or “Subscriber” refers to any person with an active Direct-Pay Subscription as defined in Section 4 of this Agreement. Any provisions, terms, or conditions of this Agreement that concern exclusively one group will be so indicated. This Agreement covers all aspects of using the Services, including without limitation signing up any Subscriptions or Memberships. SafetyCall hereby expressly rejects any purported change to this Agreement submitted by a Subscriber or Member in any additional documentation.

2.              Agreement.

BY SUBSCRIBING TO, REGISTERING FOR, ACCESSING, OR USING THE SERVICES, OR OTHERWISE MANIFESTING YOUR AGREEMENT TO THIS AGREEMENT (SUCH AS BY CLICKING ON AN “I AGREE” BUTTON     OR SIMILAR BUTTON OR CHECKING A CHECKBOX MANIFESTING YOUR AGREEMENT TO THIS AGREEMENT), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT REGISTER FOR, ENROLL IN, SUBSCRIBE TO, CALL, LOG IN, ACCESS, OR USE ANY PART OF THE SERVICES. IF YOU ARE A PROSPECTIVE EMPLOYEE BENEFIT MEMBER BUT YOU DO NOT AGREE TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE REGISTERING FOR, USING, OR ACCESSING THE SERVICES AND CONTACT YOUR BENEFIT PROVIDER TO UNENROLL FROM THE BENEFIT AND SEEK REFUND FROM YOUR BENEFIT PROVIDER FOR ANY PREPAID FEES, IF APPLICABLE. THE SERVICES ARE FOR INDIVIDUAL PERSONAL USE ONLY AND YOU MAY NOT ENTER INTO THIS AGREEMENT ON BEHALF OF ANOTHER PERSON, OR ON BEHALF OF A CORPORATION, PARTNERSHIP, COMPANY OR ANY OTHER ENTITY. SAFETYCALL RESERVES THE RIGHT, FROM TIME TO TIME, TO MAKE CHANGES TO THIS AGREEMENT IN SAFETYCALL’S SOLE DISCRETION AND THE MOST CURRENT VERSION OF THIS AGREEMENT WILL BE POSTED BY LINK AT HTTPS://PETHELPLINE.COM/END-USER-TERMS-OF-SERVICE, AND YOUR CONTINUED USE OF ANY PART OF THE SERVICES AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. WE MAY SEND YOU AN UPDATED AGREEMENT VIA EMAIL IF YOU HAVE PROVIDED US WITH AN EMAIL ADDRESS. WE WILL PROVIDE WRITTEN ADVANCE NOTICE OF ANY MATERIAL CHANGES TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE CHANGES, YOUR SOLE REMEDY IS TO CANCEL YOUR SUBSCRIPTION OR MEMBERSHIP AND/OR TERMINATE THIS AGREEMENT AND ABIDE BY THE TERMINATION REQUIREMENTS SET FORTH IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CEASING TO ACCESS OR USE OR OTHERWISE BE PROVIDED THE SERVICES AND OBTAINING, IF YOU REQUEST IT IN WRITING BY CONTACTING SAFETYCALL IF YOU ARE A DIRECT-PAY SUBSCRIBER OR YOUR BENEFIT PROVIDER IF YOU ARE AN EMPLOYEE BENEFIT MEMBER, A REFUND FOR THE PRO-RATA SHARE OF YOUR PRE-PAID FEES, IF ANY, CORRESPONDING TO THE REMAINING, UNUSED PORTION OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD OR MEMBERSHIP TERM, WHICHEVER IS APPLICABLE. BY AGREEING TO BE BOUND BY THIS AGREEMENT, YOU ALSO AGREE THAT YOU (1) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY, AND CONSENT TO, THE PETHELPLINE.COM WEBSITE TERMS OF USE LOCATED AT HTTPS://PETHELPLINE.COM/END-USER-TERMS-OF-SERVICE AND (2) CONSENT TO THE COLLECTION, USE, DISCLOSURE, AND OTHER HANDLING OF INFORMATION AS DESCRIBED IN OUR PRIVACY NOTICE LOCATED AT HTTPS://PETHELPLINE.COM /PRIVACY-POLICY, AND (3) AGREE TO COMPLY WITH ALL RULES, POLICIES, AND DISCLAIMERS POSTED ON THE SITE OR ABOUT WHICH YOU ARE NOTIFIED.

3.              Employee Benefit Membership.

If you are registering for, using, or accessing the Services as a benefit offered in connection with your employment, you are an “Employee Benefit Member” with access to an “Employee Benefit Membership” as shown on the Employee Benefit  page available at https://pethelpline.com/employee-benefit/ (also referred to as a “Membership Benefit” in this Agreement). We reserve the right to modify the description of the Services we provide as part of your Membership Benefit from time to time, without notice, at our sole discretion, and we may modify the Services themselves for any future Membership Term or as set forth in this Agreement.

3.1.         Relationship between Employee Benefit Members, Benefit Providers, and Us.

Your employer or benefit administrator (each, as applicable, a “Benefit Provider“) is not a party to this Agreement, but helps manage certain aspects of the relationship between You and us, such as payment and verification of your enrollment in the Member Benefit. Your Benefit Provider may have additional requirements that affect your access to and provision of the pethelpline Services. Your Benefit Provider helps facilitate our relationship with you through a separate agreement with us that allows eligible employees to sign up for and use the pethelpline Services. However, as between you and SafetyCall, your interactions with respect to the Services are subject to this Agreement, not your Benefit Provider’s agreement with us. For questions or concerns about our Services, contact us directly. SafetyCall operates the Services independently, and this Agreement does not create any form of partnership, joint venture, employment, or agency relationship between SafetyCall and your Benefit Provider.

3.2.         Payment for Employee Benefit Members.

You will not pay SafetyCall directly for your Employee Benefit Membership. Instead, you must pay any amounts due to your Benefit Provider in the manner prescribed by your Benefit Provider, such as by automatic payroll deduction. For refunds or Membership management, you must contact your Benefit Provider, not SafetyCall. SafetyCall cannot stop payments, issue refunds to you, or withdraw you from your Membership Benefit.

3.3.         Membership Term.

This Agreement and your Employee Benefit Membership will become effective on the first day of the month after completion of each of the following steps:
  • you register for, access, or use the Services (for example, to create an account), and otherwise manifest your agreement to this Agreement (such as by clicking on an “I Agree” button or similar button or checking a checkbox manifesting your agreement to this Agreement);
  • your Benefit Provider verifies to SafetyCall that you have successfully enrolled in the pethelpline benefit it offered to you through its benefits administration process; and
  • SafetyCall confirms the above steps have been completed and activates your Employee Benefit Membership.
This Agreement and your Employee Benefit Membership will remain in effect until the end of your applicable benefit period, such as the benefit plan year or other specified period, as determined by your Benefit Provider, or until this Agreement is earlier terminated pursuant to the terms and conditions of this Agreement (the “Membership Term“).

3.4.         Employee Benefit Memberships are Contingent.

You will lose access to, use of, and provision of the Services as an Employee Benefit Member and this Agreement will automatically terminate at the end of the period for which you have pre-paid (subject to Section 3.6 of this Agreement) if any of the following occur:
  • SafetyCall is notified that you become ineligible to receive the Employee Benefit Membership, as determined by your Benefit Provider;
  • SafetyCall is notified that your employment relationship with your employer that made the Benefit Membership available to you ends;
  • SafetyCall determines that, in its sole discretion, the agreement between SafetyCall and your Benefit Provider has expired or been terminated or suspended; or
  • SafetyCall determines that, in its sole discretion, your Benefit Provider fails to comply with the terms of its agreement with SafetyCall including, without limitation, making timely payments to SafetyCall in accordance with that agreement.
Upon termination of this Agreement or your right to access or use or otherwise be provided the Services under this Agreement pursuant to this Section 3.4, you shall cease accessing and using the Services and will no longer be eligible to access, use, or be provided the Services at the end of the period for which you have already pre-paid (subject to Section 3.6 of this Agreement). Except for those provisions granting you a right to access and use or otherwise be provided the Services (which will terminate), the provisions of this Agreement shall survive termination of any right to access or use or otherwise be provided the Services or termination of this Agreement. If you lose access to, use of, and provision of our Services pursuant to this Section 3.4, you may sign up for a Direct-Pay Subscription as described on the Choose Plan page(s) at https://pethelpline.com/choose-plan/ and you must agree to the then-current terms of service applicable to Direct-Pay Subscribers. SafetyCall reserves the right to refuse Service to anyone.

3.5.         Termination by Employee Benefit Member.

It is your responsibility to inform your Benefit Provider of your termination to ensure they process any applicable refunds and stop further payments according to your benefit plan. As stated in Section 3.2, your Benefit Provider manages your enrollment in and payments for your Employee Benefit Membership, not SafetyCall. SafetyCall cannot stop payments, issue refunds to you, or withdraw you from your Membership Benefit. If you voluntarily terminate this Agreement or your Membership prior to the end of your then-current Membership Term, your prepaid fees are non-refundable and you will still be responsible for any fees for the remainder of your Membership Term, unless you terminate this Agreement due to material changes to this Agreement as described in Section 2. Upon termination of this Agreement or your right to access or use or otherwise be provided the Services under this Agreement pursuant to this Section 3.5, you shall immediately cease accessing and using the Services and will no longer be eligible to access, use, or be provided the Services. Except for those provisions granting you a right to access and use or otherwise be provided the Services (which will terminate), the provisions of this Agreement shall survive termination of any right to access or use or otherwise be provided the Services or termination of this Agreement.

3.6.         Termination by SafetyCall.

In addition to any other termination rights set forth in this Agreement, SafetyCall may terminate this Agreement, including any Members right to access and use and otherwise be provided the Services granted hereunder, or suspend such right, without notice and for any reason or no reason at any time. Your Membership and right to access and use or otherwise be provided the Services immediately terminates upon any termination of this Agreement for any reason. Solely in the event that SafetyCall terminates this Agreement without any reason, you shall not be obligated to SafetyCall to make further payments of Membership fees for any remaining portion of your Membership Term that would have occurred after termination, and you may request a refund from your Benefit Provider for the pro-rata share of your pre-paid fees, if any, corresponding to the remaining, unused portion of your then-current Membership Term.  You must request any refunds from your Benefit Provider not SafetyCall. SafetyCall cannot stop payments, issue refunds to you, or withdraw you from your Membership Benefit. Your right to access and use or otherwise be provided the Services granted by SafetyCall under this Agreement also immediately terminates upon any breach by you of this Agreement, but your payment obligations do not terminate, and you shall not be entitled to any refund of any pre-paid Membership fees. Upon termination of a right to access or use or otherwise be provided the Services under this Agreement for your breach of this Agreement, you shall immediately cease accessing and using and otherwise being provided the Services subject to the terminated right. Except for those provisions granting you a right to access and use or otherwise be provided the Services (which will terminate), the provisions of this Agreement shall survive termination of any right to access or use or otherwise be provided the Services or termination of this Agreement.

4.              Direct-Pay Subscriptions and Subscription Plan Options.

If you are subscribing to, using, or accessing the Services independently without using an employment-related benefit, you are a “Direct-Pay Subscriber” with access to a “Direct-Pay Subscription” as shown on the Choose Plan page(s) available at https://pethelpline.com/choose-plan/ (also referred to as a “Subscription” in this Agreement). We provide a variety of pethelpline Service options to Direct-Pay Subscribers at different price points and with different recurring payment arrangements that automatically renew at specified intervals for continued access to and provision of certain Services (each a “Subscription Plan“). The automatically-renewing interval for a Subscription Plan is the “Subscription Period“, typically six months. When you purchase a Subscription Plan, you agree to pay the current price as shown on the Choose Plan page(s) at https://pethelpline.com/choose-plan/ which may change from time-to time, (the “Subscription Fee“), plus any applicable taxes or transaction fees. There are different Subscription Plans available, allowing you to pay the Subscription Fee in monthly installments or in a single upfront payment for each Subscription Period. The payment schedule associated with a Subscription Plan is the “Billing Schedule.” You must also provide a current, valid, accepted method of payment, which you may update from time to time (a “Payment Method“) and which you expressly authorize our third-party payment processor to charge the recurring payments according to the Billing Schedule for your Subscription Plan. Transactions are additionally subject to the terms and conditions of the third-party payment processor. Pricing, Subscription Periods, billing frequency, payment terms, and a description of the Services included in each Subscription Plan can be found on the Choose Plan page(s) at https://pethelpline.com/choose-plan/ and we will explain which options are available and terms and conditions specific to each Subscription Plan at sign up.

4.1.         Automatic Renewal and Recurring Payments for Direct-Pay Subscribers.

Your pethelpline Direct-Pay Subscription will continue until canceled or this Agreement is terminated pursuant to its terms. After your initial Subscription Period ends, your Subscription Plan will automatically renew for subsequent Subscription Periods of the same length, and your Payment Method will continue to be charged the then-current Subscription Fee as shown on the Choose Plan page(s) at https://pethelpline.com/choose-plan/ plus applicable taxes and fees, according to the Billing Schedule unless earlier canceled or this Agreement is terminated pursuant to the terms and conditions of this Agreement. SafetyCall employs the use of third-party services for the purpose of facilitating payment. By subscribing, you authorize SafetyCall, through its third party payment processor, to charge your Payment Method: (i) immediately upon purchasing a Subscription Plan; (ii) monthly throughout the Subscription Period according to the Billing Schedule, if applicable; and (iii) upon automatic renewal of your Subscription Plan unless: (a) you cancel automatic renewal of your Subscription Plan in accordance Section 4.7; (b) we decline to renew your Subscription Plan; (c) this Agreement is terminated pursuant to the terms and conditions of this Agreement. The Subscription Fee for your Subscription Plan and any other charges you may incur in connection with your Subscription, such as taxes and possible transaction fees, will be charged to your Payment Method on the date indicated on your “My Account” page in your account. Your payment date(s) may change, for example, if your Payment Method failed to successfully process, if you upgrade or add a Registered Pet to your Subscription Plan, or if your Subscription began on a date not included in a given month (such as the 31st). Check the My Account page in your account to see your next payment date. Subscription Fees are non-refundable except as expressly set forth in this Agreement or as required by applicable law. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your Subscription Plan and this Agreement. You will be responsible for paying all past due amounts.

4.2.         Changes to the Subscription Plan Services.

We reserve the right to modify the description of the Services we provide as part of your Subscription Plan from time to time, without notice, at our sole discretion, and we may modify the Services themselves for any future Subscription Period.  We will send a notice to the email address associated with your account before implementing any material changes to the Services that will be applicable for any future Subscription Period. If you do not wish to accept such changes to your Subscription Plan including any changes to the Services, you can cancel your automatic renewal before the change takes effect for the subsequent Subscription Period.

4.3.         Automatic Renewal Notices; Subscription Fee Changes.

SafetyCall will send notice of upcoming automatic renewal prior to renewing your Subscription as required by law. The Subscription Fees for your Subscription Plan may change from time to time and the then-current Subscription Fees will be shown on the Choose Plan page(s) at https://pethelpline.com/choose-plan/. We will provide advance notice of any changes in Subscription Fees prior to the automatic renewal and the next Subscription Period, but this will not include notification of changes in applicable taxes. Subscription Fee changes will take effect at the start of the next Subscription Period following the date of the Subscription Fee change and, by continuing to use the Services after the Subscription Fee change takes effect, you will be deemed to have accepted the new price. If you do not agree to a Subscription Fee change, you may cancel your Subscription Plan in accordance with Section 4.7 of this Agreement. You must cancel your Subscription Plan in accordance with Section 4.7 of this Agreement in order to avoid billing of the Subscription Fees (whether or not they have changed) for the next Subscription Period to your Payment Method.

4.4.         Taxes

Except as otherwise provided on the Choose Plan  page(s) at https://pethelpline.com/choose-plan/ prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you and will be charged to your Payment Method. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. Subscriptions are accepted with the understanding that such taxes and charges shall be added, as required by law.

4.5.         Promotional Offers.

We may offer special discounts or subscription plans (“Offers“) from time to time, which may be altered or discontinued at any time in our sole discretion without notice to you. Offer eligibility is determined by SafetyCall at its sole discretion and we reserve the right to revoke an Offer and suspend or terminate your account, Subscription Plan, or this Agreement in the event that we determine you are not eligible. Certain offers, such as multiple-pet discounts, may be restricted to Subscribers with one or more Registered Pets. The eligibility requirements and other limitations will be disclosed to you when you sign up for the Offer or in other communications made available to you.

4.6.         Cancellation Policy for Direct-Pay Subscribers.

4.6.1.              Cancelling Automatic Renewal of a Direct-Pay Subscription. You may cancel the automatic renewal of your Direct-Pay Subscription by submitting notice to us at least seven days before your automatic renewal date using any of the cancellation methods in Section 4.6.3. The cancellation will take effect the day after the last day of your current Subscription Period and your Subscription will not automatically renew. You will still be responsible for any Subscription Fees for the remainder of your then-current Subscription Period. If you cancel automatic renewal of your Direct-Pay Subscription, your Subscription will end and this Agreement will terminate after the last day of your current Subscription Period, unless otherwise terminated pursuant to the terms and conditions of this Agreement. No refunds will be provided for a partial Subscription Period if you cancel, but you will continue to have access to and provision of the Services available under your Subscription Plan until your current Subscription Period expires unless this Agreement is otherwise terminated pursuant to the terms and conditions of this Agreement. 4.6.2.              Cancelling Automatic Renewal When You Have Multiple Registered Pets. If your Subscription Plan includes more than one Registered Pet, you may cancel automatic renewal of your Subscription Plan as a whole, or you may cancel automatic renewal for specific Registered Pet(s). Notice of cancellation must be submitted at least seven days before your automatic renewal date using a cancellation method specified in Section 4.6.3. You must specify at the time of cancellation whether you are cancelling automatic renewal for all Registered Pets or for only some of them. The cancellation will take effect the day after the last day of your current Subscription Period unless earlier terminated pursuant to the terms and conditions of this Agreement. If you cancel automatic renewal for all Registered Pets under a Subscription Plan, your Subscription will not automatically renew, and this Agreement will terminate the day after the last day of your current Subscription Period. If you cancel automatic renewal for only specific Registered Pet(s), but not all Registered Pets, any Registered Pet(s) for which you canceled automatic renewal will be removed from your Subscription Plan at the conclusion of your then-current Subscription Period. The Subscription Plan will automatically renew with only the remaining Registered Pet(s) for the next Subscription Period, and you will be charged the recurring Subscription Fee on the then-current Choose Plan page(s) at https://pethelpline.com/choose-plan/ as advertised at the time of renewal for the number of remaining Registered Pets under your Subscription Plan.

4.6.3.              How to Cancel – Methods of Cancellation.

You may cancel automatic renewal of your Direct-Pay Subscription by submitting notice to us at least seven days before your automatic renewal date using any of the following cancellation methods:
  • Account Portal: submit notice of cancellation by logging in to your account on http://pethelpline.com, navigating to the appropriate section for cancellation, and following the procedures on that page to submit notice of cancellation including providing the necessary information as requested on that page;
  • Email: send a clear written notice of cancellation to  using the e-mail address associated with your account including the Subscriber’s first and last name, the phone number associated with the Subscription, and the first and last name of each Registered Pet you wish to cancel Services for; we may reply to your email requesting additional information to complete the cancellation; or

4.6.4.              Cancellation in the Event of Death of a Registered Pet.

If your Registered Pet dies, please notify us using one of the cancellation methods described in Section 4.6.3. Upon receiving your notice, we will cancel automatic renewal as follows: If the deceased pet was the only Registered Pet covered under your Subscription Plan, your entire Subscription will be canceled and we will refund the prorated amount of your prepaid Subscription Fee based on the date we received your notice. If you have multiple Registered Pets under your Subscription Plan, your Subscription Plan will be adjusted accordingly. We will refund the prorated portion of your prepaid multi-pet Subscription Fee based on the date we received your notice. Your Subscription Fee will be recalculated based on the updated number of Registered Pets for the remainder of your current Subscription Period and subsequent renewal periods. You will remain responsible for the base rate of a first Registered Pet and the reduced multi-pet discount rate for additional Registered Pets that remain.

4.6.5.              Termination of Agreement with Direct-Pay Subscribers by SafetyCall.

In addition to any other termination rights set forth in this Agreement, SafetyCall may terminate this Agreement, including any Subscriber’s right to access and use and otherwise be provided the Services granted hereunder, or suspend such right, without notice and for any reason or no reason at any time. Your Subscription and right to access and use or otherwise be provided the Services immediately terminates upon any termination of this Agreement for any reason. Solely in the event that SafetyCall terminates this Agreement without any reason, you shall not be obligated to make further payments of Subscription Fees for any remaining portion of Subscription that would have occurred after termination, and you may obtain, if you request it in writing, by contacting SafetyCall, a refund for the pro-rata share of your pre-paid fees, if any, corresponding to the remaining, unused portion of your then-current Subscription Period. Your right to access and use or otherwise be provided the Services granted by SafetyCall under this Agreement also immediately terminates upon any breach by you of this Agreement, but your payment obligations do not terminate and you shall not be entitled to any refund of any pre-paid Subscription Fees for your Subscription Period. Upon termination of a right to access or use or otherwise be provided the Services under this Agreement for your breach of this Agreement, you shall immediately cease accessing and using and otherwise being provided the Services subject to the terminated right. Except for those provisions granting you a right to access and use or otherwise be provided the Services (which will terminate), the provisions of this Agreement shall survive termination of any right to access or use or otherwise be provided the Services or termination of this Agreement.

5.              Account Eligibility and Management. 5.1.         Eligibility.

5.1.1.              Age.

Only individuals who are at least 18 years old or the age of majority, whichever is older, and can form legally binding contracts under the applicable law of their jurisdiction may access, use, or otherwise be provided the Services or become a Subscriber or a Member. Our Services are not geared or directed to individuals under the age of eighteen and we do not intentionally or knowingly collect information from or about children under eighteen. If we learn we have collected personal information from a child under 18 we will delete that information in accordance with legal requirements. If your child’s personal information has been shared with SafetyCall without parental consent, please contact us at info@pethelpline.com.

5.1.2.              Connectivity.

To access, use, or otherwise be provided the Services, you need access to a device for either making phone calls or accessing the Internet, along with a valid email address, which you must provide at your sole expense.

5.2.         Verification.

When you contact us or attempt to use the Services, we may require you to provide certain information (for example, the phone number associated with your account,) to verify your identity and Subscription Plan or Membership Benefit.

5.3.         Account Access and Security; and Your Responsibilities.

Any passwords or other login credentials used for the Services are for your individual use only. You are solely responsible for safeguarding the security of your account password and any login credentials, and for all activity that occurs through your account. If you allow others to access your account, you agree: that such individuals are acting solely on your behalf to use the Services for the benefit of your Registered Pet(s) only; that you are responsible for ensuring that all usage of the Services by individuals you permit to access your account complies with this Agreement; and that you are bound by any changes that they may make to the account, including but not limited to changes to your Subscription Plan or Member Benefit. You must notify SafetyCall immediately upon becoming aware of any breach of security or unauthorized use of your account. SafetyCall may monitor your password and other login credentials and, at its discretion, require you to change one or both. You should not reveal your login credentials, password, or details of your Payment Method associated with your account (if applicable) to anyone.

5.4.         Electronic Communication.

When you sign up for our pethelpline Services, you are required to provide a valid email address. Please maintain your account with an email address that you monitor so we can send you account and Service related notices and pethelpline Content. You agree that SafetyCall will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of SafetyCall. For any Member or Subscriber, we will use this email address to provide the Services which may include but is not limited to delivering case summary reports, communicating tips and updates specific to your Registered Pet(s), and responding to inquiries and requests related to your Registered Pet(s), our Services, or your account. If you are an Employee Benefit Member, we may also use your email address to inform you of any changes to your access to, use of, and provision of the Services, such as activation of your Membership, or a notice that you will lose access to, use of, and the right to otherwise be provided the Services before your Benefit Provider’s agreement with us ends. We may also contact you via the email address you provide to with information about how to sign up for a Direct-Pay Subscription. Additionally, if you are a Direct-Pay Subscriber we may use the email address associated with your account to provide you with any other notices, disclosures, or other communications relating to your Subscription Plan including without limitation an email acknowledgment that your Subscription Plan is active, including a copy of the automatic renewal terms you agreed to when you activated your Subscription Plan and the applicable cancellation policy and information on how to cancel your Subscription Plan. We will also contact you via email before implementing any material changes to (i) the automatic-renewal terms; (ii) your Subscription Plan pricing for future Subscription Periods; or (iii) the Services included with your current Subscription Plan for future Subscription Periods. We will also contact you via email before each renewal date to remind you that your Subscription will automatically renew if you do not cancel, and that reminder will include a copy of our cancellation policy and information about how to cancel.

5.5.         Accuracy of Account Information and Other Information You Provide to Us.

To subscribe to, register for, access, or use the Services, you will be asked to provide certain registration or payment details (as applicable), and specific information about your Registered Pet(s). It is a condition of your Subscription or Membership that all the information you provide in relation to the Services or your account, including information about your Registered Pet(s) and Payment Method (as applicable), be lawful, correct, current, and complete. Unlawful, inaccurate, incomplete, or obsolete information may result in the immediate termination of your Membership or Subscription and this Agreement, in our sole discretion. You agree to keep your contact and billing information, including your email address, up-to-date, so that we can send you notices related to your account, Subscription, Membership, or our Services. We may, ask persons accessing the Services to provide identifying information prior to delivering any Service. If SafetyCall believes the information provided is not correct, current, or complete, SafetyCall has the right to refuse Service, or suspend or terminate your Membership, your Subscription, and this Agreement.

6.              Ownership, Permissions, and Restrictions on Use. 6.1.         Your Permission to Use the Services.

If you are registering for or already have an active Employee Benefit Membership or Direct-Pay Subscription, subject to your compliance with the terms and conditions of this Agreement including without limitation your payment of all applicable Membership or Subscription Fees and applicable taxes, you are hereby granted, non-exclusive, revocable and terminable immediately in SafetyCall’s sole discretion, non-transferrable, and non-sublicensable permission to access, use, and receive the pethelpline Services included in your current Membership Benefit or Subscription Plan solely for your own personal, non-commercial purposes, for your Registered Pet(s) only, and solely for the duration of your current Employee Benefit Membership Term or for the Subscription Period that you selected from the Site Choose Plan page(s) at https://pethelpline.com/choose-plan/, unless earlier suspended or canceled, or this Agreement is terminated pursuant to the terms and conditions of this Agreement, by either party. The pethelpline Services including the pethelpline Content are made available to you, not sold or transferred to you, and SafetyCall and its licensors retain ownership of all copies of the pethelpline Services and Content even after providing or making them available to you.

6.2.         Restrictions on Use.

You may use the Services solely pursuant to the terms and conditions of this Agreement for you and your Registered Pet(s) only. As a condition of your registering for, subscribing to, accessing, or using the Services, you warrant to SafetyCall that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. For example, you may not (and may not authorize any party to):
  • record phone calls made or received as part of the Services;
  • impersonate or misrepresent affiliation with any person or entity;
  • co-brand or rebrand the Services;
  • transfer, assign or sublicense your login information or any other credentials or tools necessary for your access or use or other provision of the Services or the permissions granted to you, to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void;
  • modify or adapt, the Services or to create derivative works based upon the Services, or permit third parties to do the same;
  • reverse engineer or decompile, decrypt, disassemble or otherwise reduce any of the software used to provide the Services to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
  • use any case detail reports, summary emails, or other Content created by SafetyCall to reverse engineer treatment guidelines;
  • use or permit the Services to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of SafetyCall;
  • disclose, provide, or otherwise make available trade secrets contained within the Services in any form, to any third party without the prior written consent of SafetyCall;
  • use SafetyCall’s intellectual property to develop any software application or products or services similar to the Services;
  • perform, display, or otherwise access or use or be provided the Services for the benefit of others, including pets other than your Registered Pet(s), or otherwise outside of the scope of permissions provided in this Agreement;
  • use Services in any manner which could disable, overburden, damage, or impair the Services or interfere with any other person’s use and enjoyment of the Services or which, as determined by us, may harm SafetyCall, Veterinary Professionals, or other Subscribers or Members, or expose them to liability;
  • use scrapers, bots, spiders, or other automated tools to collect, index, compile, or analyze the Content or any part of the Content without SafetyCall’s prior express permission;
  • obtain or attempt to obtain any materials, pethelpline Content, or information through any means not intentionally made available or provided through the Services; or
  • engage in any activity that violates, or that could cause us to violate, any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You further agree to cooperate with SafetyCall in causing any violation of these restrictions to cease. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give the impression that such other party has the right to license, resell, provide access to, use, be provided, display, publish, or distribute the Services including without limitation any pethelpline Content accessible within the Services.

6.3.         Title and Ownership of the Services.

Title to and ownership of the Services, including without limitation the pethelpline Content, and all copies thereof, remain with SafetyCall and any other licensor(s) of the same, regardless of the form or media in or on which they may exist, and you agree to protect all of SafetyCall’s ownership interests therein. You are granted no implied rights or licenses in any other intellectual property other than as specifically granted in this Agreement. All rights and licenses not expressly granted in this Agreement are reserved by SafetyCall and its licensors. All pethelpline trademarks, service marks, trade names, logos, domain names, and any other features of the pethelpline brand are the sole property of SafetyCall or its licensors. This Agreement does not grant you any rights to use any such elements of the pethelpline brand whether for commercial or non-commercial use.

6.4.         Ownership and Use of Your Content.

As between you and SafetyCall, you will maintain whatever ownership interest you have in the information or data you provide to us including to any Veterinary Professional through the Services (“Your Content“), provided that SafetyCall owns all right, title, and interest in and to De-Identified Data. “De-Identified Data” means Your Content that has been stripped of first name, last name, and street address. You grant SafetyCall including the Veterinary Professional you interact with through the pethelpline Services the right to use Your Content for the purpose of providing the Services to you and to create and use De-Identified Data. SafetyCall may retain Your Content based on criteria such as how long Your Content remains relevant to our provision of Services to you concerning your Registered Pet(s); the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; and any limitations period within which claims might be made. SafetyCall’s ownership of and rights related to the De-Identified Data are unrestricted may be used and disclosed however SafetyCall sees fit in SafetyCall’s sole and exclusive discretion. Additionally, YOUR CALLS MAY BE RECORDED. SafetyCall may record incoming calls to the pethelpline phone hotline Service. If you do not want your voice or conversation to be recorded, your sole and exclusive remedy is to cease any call in progress and to not use the pethelpline phone hotline.

6.5.         Feedback.

We welcome feedback, comments, and suggestions for improvements to the Services. You hereby grant to SafetyCall the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, copy or otherwise reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all feedback, suggestions, ideas, or other improvements to, or reviews of, the Services that you communicate to SafetyCall (together, “Feedback”), and to incorporate any Feedback, in whole or in part or modified as SafetyCall sees fit, into the Services or other products or services, or otherwise make use of the Feedback in any way, in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback. You further agree that SafetyCall may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to SafetyCall conjunction and in relation to your Feedback and you waive any right of publicity or privacy related thereto. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of intellectual property, and privacy rights, and that your Feedback conforms to all of the terms and conditions of this Agreement.

7.              pethelpline Does Not Replace Primary Veterinary Advice.

The Services you receive through pethelpline are not intended to replace a veterinarian-client-patient relationship or provide veterinary care for your Registered Pet(s).  The pethelpline Services are not veterinary telemedicine services. This means we cannot diagnose, treat, prescribe or supply medications, or provide second opinions regarding veterinary recommendations for your Registered Pet(s). Communications with Veterinary Professionals through the Services are neither confidential nor privileged and all information provided to Veterinary Professionals will be handled as described in this Agreement. There are potential risks associated with use of any pet wellness telehealth service, including pethelpline. The Services use remote communication technologies to deliver pet wellness advice, where the Registered Pet, pet owner, and the Veterinary Professional are not in the same physical location. Other risks may include but are not limited to: inability to physically examine a Registered Pet; inadequate information provided for effective assessment of a Registered Pet’s health concern; potential delays in evaluation or advice due to telecommunications equipment failure; the risk of inaccurate or incomplete assessment of your Registered Pet’s condition or needs; misinterpretation of symptoms; miscommunication; and limitations in assessing the Registered Pet’s condition without a physical examination. You are solely responsible for and assume all risk arising from your use of, access to, and safetycall’s provision of the Services. Any advice is provided solely for the purpose of assisting you in making health and wellness decisions for your Registered Pet(s). The Services do not replace in-person evaluation by your Registered Pet’s veterinarian, and using the Services does not establish a veterinarian-client-patient relationship between you and pethelpline. While Veterinary Professionals rendering Services are trained veterinary professionals, they are general practitioners and may lack experience in particular specialties or with your Registered Pet’s condition. Assessment of your Registered Pet’s health concern may be restricted by local laws, regulations, and standards. While our Services may benefit you or your Registered Pet(s), results are not guaranteed. As Veterinary Professionals are not able to physically examine your Registered Pet, all advice rendered is based solely on the information you provide. IF YOU BELIEVE YOUR PET IS EXPERIENCING AN EMERGENCY, SEEK IMMEDIATE ASSISTANCE FROM AN EMERGENCY VETERINARY CLINIC OR YOUR PRIMARY VETERINARIAN.

8.              Service Limitations.

Any offer is void where prohibited by law. We do not warrant that Services purchased or obtained will meet your expectations, or that any errors in the Services will be corrected. In some cases, we, including a Veterinary Professional, may determine that a Service is not suitable for some or all of a Registered Pet’s health concerns, and consequently, may decide not to provide Services to you.

9.              Disclaimers.

TO THE FULLEST EXTENT ALLOWED BY LAW: YOUR USE OF, ACCESS TO, AND THE PROVISION OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SAFETYCALL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT IN RELATION TO THE SERVICES. SAFETYCALL DOES NOT WARRANT THAT THE FUNCTIONS OR PETHELPLINE CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR OTHER TELECOMMUNICATIONS TECHNOLOGIES THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAFETYCALL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SAFETYCALL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. ALL OF THE PETHELPLINE CONTENT IN THE SERVICES, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED IN RELATION TO THE SERVICES, AND SAFETYCALL DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THE SERVICES IF IT IS NOT, OR IS NO LONGER ACCURATE OR COMPLETE. YOU UNDERSTAND THAT SAFETYCALL DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES OFFERED WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SAFETYCALL DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. THE PETHELPLINE CONTENT IS NOT NECESSARILY COMPLETE AND UP-TO-DATE AND SHOULD NOT BE USED TO REPLACE ANY WRITTEN REPORTS, STATEMENTS, OR NOTICES PROVIDED BY SAFETYCALL OR ANY THIRD PARTY. SOME STATES MAY NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES INCLUDING IMPLIED WARRANTIES OR TO SELL A CONSUMER PRODUCT “AS-IS,” SO THIS EXCLUSION MAY NOT APPLY TO YOU.

10.           Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY LAW: SAFETYCALL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, VETERINARY PROFESSIONALS, AND PETHELPLINE CONTENT PROVIDERS AND THEIR RESPECTIVE employees, agents, owners, members, shareholders, officers, directors, and contractors (the “safetycall parties“) WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSS OF REVENUE OR INCOME, COST OF COVER, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE SAFETYCALL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE SAFETYCALL PARTIES TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED IN THE AGGREGATE: (I) IF YOU ARE A DIRECT-PAY SUBSCRIBER, THE AMOUNT ACTUALLY PAID BY YOU DURING THE SIX (6) MONTHS PRIOR TO THE TIME THAT THE LAST ACT OR OMISSION GIVING RISE LIABILITY OCCURRED; OR (II) IF YOU ARE AN EMPLOYEE BENEFIT MEMBER, THE AMOUNT ACTUALLY PAID BY YOUR BENEFIT PROVIDER TO SAFETYCALL IN RELATION TO YOUR SPECIFIC, INDIVIDUAL EMPLOYEE BENEFIT MEMBERSHIP DURING THE SIX (6) MONTHS PRIOR TO THE TIME THAT THE LAST ACT OR OMISSION GIVING RISE LIABILITY OCCURRED. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND (B) DEATH OR BODILY INJURY TO HUMANS RESULTING FROM OUR ACTS OR OMISSIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11.           Indemnification. To the fullest extent allowed by law: You will defend, indemnify, and hold the SafetyCall Parties harmless from and against any and all loss, injury, death, damage, liability, deficiency, judgment, settlement, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (individually and collectively, “Losses”) arising out of or related to any allegation, claim, action, demand, suit, or proceeding of any kind (whether before a court, arbitrator, or otherwise) relating to or arising out of:  (i) breach of this Agreement by you, including without limitation your access to or use of the Services other than as expressly authorized in this Agreement; (ii) your access to or use of the Services or otherwise the provision of the Services to you, such indemnification including without limitation all resulting Losses; (iii) your violation of any law; or (iv) any Feedback provided by you. The obligations under this Section 11 shall not apply to the extent Losses are due to the negligent, grossly negligent, or willful misconduct of any SafetyCall Parties. You agree that you shall, in all instances, engage in best efforts to mitigate any Losses, whether such actions include immediately notifying SafetyCall of any issue or otherwise. 12.           Force Majeure.

SafetyCall will not be liable for delays in Service or complete or partial failure to perform its obligations under this Agreement caused by any event beyond it’s reasonable control, including but not limited to: war; government regulation, requirement, prohibition, or travel-restriction (including those related to COVID-19); terrorism; disaster; strike; civil disorder; pandemic (including the COVD-19 pandemic); quarantine requirements; curtailment of transportation facilities; declaration of force majeure by an upstream supplier; supply shortages; labor disputes; severe weather events or conditions; fire; flood; or computer interruptions or disruptions, including without limitation ransomware and other cyberattacks (each, a “Force Majeure Event“).

13.           MANDATORY ARBITRATION AND CLASS WAIVER; WAIVER OF TRIAL BY JURY.

This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to the Services or this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to or any representation or warranty made (i) in or in connection with this Agreement, including, without limitation, any Subscription or Membership and communications or notices related thereto; or (ii) as an inducement to enter into this Agreement,), (collectively and individually a “Dispute“), shall be governed by, and enforced in accordance with, the internal laws of the State of Minnesota, including its statutes of limitation and excluding its conflicts of law rules. Your use of the Services may also be subject to other local, state, national, or international laws. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement. ANY DISPUTE SHALL BE SETTLED BY ARBITRATION UNDER THE RULES PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), AND YOU HEREBY WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE TO A JURY TRIAL. A SINGLE ARBITRATOR SHALL PRESIDE OVER ANY ARBITRATION, AND SUCH ARBITRATOR SHALL, IN HIS OR HER SOLE DISCRETION, DETERMINE THE ARBITRABILITY OF ANY ALLEGED DISPUTE. ANY ARBITRATION SHALL BE CONDUCTED IN MINNEAPOLIS, MINNESOTA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. JUDGMENT ON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT WITHIN OR WITHOUT THE STATE OF MINNESOTA. NOTWITHSTANDING THE FOREGOING, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO SAFETYCALL, SAFETYCALL MAY SEEK INJUNCTIVE OR OTHER RELIEF IN ANY STATE, FEDERAL, OR NATIONAL COURT OF COMPETENT JURISDICTION FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF SAFETYCALL’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY. YOU HEREBY IRREVOCABLY CONSENT TO THE NON-EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF THE STATE OF MINNESOTA WITH RESPECT TO ANY SUCH INJUNCTIVE OR OTHER RELIEF. YOU FURTHER ACKNOWLEDGE THAT SAFETYCALL’S RIGHTS IN ITS INTELLECTUAL PROPERTY ARE OF A SPECIAL, UNIQUE, EXTRAORDINARY CHARACTER, GIVING THOSE RIGHTS PECULIAR VALUE, THE UNAUTHORIZED USE, DISCLOSURE, OR LOSS OF WHICH CANNOT BE READILY ESTIMATED AND MAY NOT BE ADEQUATELY COMPENSATED FOR IN MONETARY DAMAGES.

14.           MISCELLANEOUS. 14.1.      Severability.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by a court of competent jurisdiction or arbitrator, whichever is applicable, to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.

14.2.      Section Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

14.3.      Assignment.

SafetyCall may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this Agreement shall inure and be binding upon any party’s permitted successors and assigns.

14.4.      Waiver.

The failure by SafetyCall at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

14.5.      Entire Agreement.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the Subscriber or Member and SafetyCall with respect to the pethelpline Services. Notwithstanding the foregoing, any additional terms and conditions within the Services will additionally govern the items to which they pertain.

14.6.      Errors and Corrections.

This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. SafetyCall reserves the right to correct any errors, inaccuracies or omissions in this Agreement at any time without prior notice. SafetyCall does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. Date of Last Modification: August 1, 2024

Terms and conditions for pethelpline Subscription

By checking this box and clicking the “Place Order” button below, you agree that you have read and agree to be bound by the Subscription Plan terms above, our Privacy Policy, Website Terms of Use, and pethelpline Terms of Service including the following automatic renewal and cancellation terms: Your subscription will automatically renew at the end of the initial 6-month subscription period and will continue to renew every 6 months until you cancel; You may cancel automatic renewal of your subscription by submitting notice to us at least seven days before your automatic renewal date using one of the cancellation methods described in our Cancellation Policy; and if you do not cancel renewal of your subscription before the cancellation deadline, your payment method will continue to be charged the current rate in effect at the time of renewal for each new 6-month subscription period at the recurring payment frequency described above.

Terms and conditions pethelpline Pro Subscription

By checking this box and clicking the “Place Order” button below, you agree that you have read and agree to be bound by the Subscription Plan terms above, our Privacy Policy, Website Terms of Use, and pethelpline Terms of Service including the following automatic renewal and cancellation terms: Your subscription will automatically renew at the end of the initial 6-month subscription period and will continue to renew every 6 months until you cancel; You may cancel automatic renewal of your subscription by submitting notice to us at least seven days before your automatic renewal date using one of the cancellation methods described in our Cancellation Policy; and if you do not cancel renewal of your subscription before the cancellation deadline, your payment method will continue to be charged the current rate in effect at the time of renewal for each new 6-month subscription period at the recurring payment frequency described above.