PETHELPLINE.COM WEBSITE TERMS OF USE
Welcome to our website. This website is maintained as a service to our customers. This pethelpline.com Website Terms of Use (“Agreement”) is made by and between SafetyCall International, LLC and you the user. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you may not access or use the Site.
IMPORTANT NOTICE: SECTION 15 OF THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH WILL BE ENFORCED BY THE PARTIES AND IS A WAIVER OF YOUR CLASS ACTION RIGHTS AND RIGHT TO A TRIAL BY JURY.
2. Agreement. This Agreement contains the terms and conditions that govern your access and use of this website at https://pethelpline.com and any website that includes, displays, attaches, links to, or references this Agreement (each website collectively and individually referred to herein as the “Site”). Please read this Agreement carefully before using our Site. This Agreement is between SafetyCall International, LLC (“SafetyCall” “we”, “us”, “our”), and you the user (“you,” your,” or “user”).
BY ACCESSING, VISITING, BROWSING, USING, DOWNLOADING FROM OR ATTEMPTING TO INTERACT WITH THE SITE OR ANY PART OF THE SITE, YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE), 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 ACCESS OR USE ANY PART OF THE SITE.
SafetyCall may modify this Agreement at any time by posting the modified Agreement, which shall be effective immediately when posted. You can view the most recent version of the Agreement at any time at https://pethelpline.com/website-terms-of-use. Your continued use of the Site after an update to the Agreement has been posted means that you accept and agree to the changes.
As noted above, THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH WILL BE ENFORCED BY THE PARTIES AND IS A WAIVER OF YOUR CLASS ACTION RIGHTS AND A RIGHT TO A TRIAL BY JURY.
THE SITE IS INTENDED FOR ADULTS ONLY. To use the Site, you must be at least eighteen (18) years of age or the age of majority, whichever is older, in the jurisdiction in which you reside so that you can form a binding contract with SafetyCall.
Some areas of the Site may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for your review. By accessing, visiting, browsing, using, downloading from, or attempting to interact with those areas of the Site subject to Additional Terms, you agree to those Additional Terms. If you disagree with this Agreement, those Additional Terms, or are dissatisfied in any way with this Site, your sole and exclusive remedy is to discontinue accessing, visiting, browsing, using, downloading from, and otherwise interacting with this Site.
pethelpline Memberships and Subscriptions; Other Terms and Conditions. SEPARATE TERMS AND CONDITIONS, AND NOT THIS AGREEMENT, APPLY TO PETHELPLINE AND PETHELPLINEPRO MEMBERSHIPS AND SUBSCRIPTIONS AND COVER ALL ASPECTS OF the personalized pet wellness telehealth service provided by SafetyCall to members or subscribers concerning their registered pet(s), as well as all associated information and materials made available solely to subscribers or members (the “Pet Wellness Telehealth Services”) such separate terms are AVAILABLE AT https://pethelpline.com/end-user-terms-of-service (THE “PETHELPLINE TERMS OF SERVICE”). YOU AGREE TO ABIDE BY THE PETHELPLINE TERMS OF SERVICE, OTHERWISE YOU MAY NOT ACCESS, USE, OR OTHERWISE BE PROVIDED WITH ANY SERVICES OR BENEFITS OF SUCH MEMBERSHIP OR SUBSCRIPTION. SAFETYCALL’S OBLIGATIONS, IF ANY, WITH REGARD TO THE PET WELLNESS TELEHEALTH SERVICES ARE GOVERNED SOLELY BY THE PETHELPLINE TERMS OF SERVICE, AND NOTHING ON THIS SITE SHOULD BE CONSTRUED TO ALTER SUCH PETHELPLINE TERMS OF SERVICE.
2. Privacy. Your visit to the Site is also governed by our Privacy Policy (“Policy”). We are committed to privacy and security, and to providing the best possible experience for our users and online customers. Click here https://pethelpline.com/privacy-policy to read our entire Privacy Policy which concerns your personal information. Our Policy may be updated from time to time, so please check back frequently.
3. PROPRIETARY RIGHTS. THE CONTENT AND ALL MATERIALS FEATURED ON THE SITE including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the Site, INCLUDING THE SELECTION, ARRANGEMENT, DESIGN, LAYOUT, AND ORGANIZATION THEREOF, AND THE SITE AS A WHOLE (COLLECTIVELY, “CONTENT”) IS THE PROPRIETARY CONTENT OF SAFETYCALL OR THE PARTY THAT PROVIDED OR LICENSED THE CONTENT TO SAFETYCALL, whereby SafetyCall and its licensors retain all right, title, and interest in the Content. Neither title nor intellectual property rights in and to the Site or the Content are transferred to you by access to this Site.
You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, decompile, disassemble, translate, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Site. Modification or use of the Site or its Content except as expressly provided in this Agreement violates SafetyCall’s intellectual property rights and/or the intellectual property rights of others.
YOU MAY NOT DELETE OR CHANGE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICE ON ANY CONTENT OR THE SITE. THE PETHELPLINE TERMS OF SERVICE HAS ITS OWN LICENSES AND PERMISSIONS WITH RESPECT TO YOUR USE OF THE PET WELLNESS TELEHEALTH SERVICES. Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of SafetyCall or the party that provided the trademarks, services marks, logos, and copyrighted works to SafetyCall. SafetyCall and any party that provided trademarks, service marks, logos, and copyrighted works to SafetyCall retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.
The Content is not necessarily complete, accurate, and up-to-date and should not be used to replace any written reports, statements, product or service related materials, or notices provided by SafetyCall. SafetyCall may update this Site on a regular basis but assumes no obligation to update any of the Content.
4. Links to Third Party Sites. The Site may contain hyperlinks to websites operated by parties other than SafetyCall. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. SafetyCall makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this Site. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the SafetyCall Privacy Policy is applicable only when you are on our Site, once linked to another website, you should read that site’s privacy policy or privacy notice before disclosing any personal information.
5. SITE USE. Subject to the terms and conditions of this Agreement, SafetyCall grants you a limited, revocable without notice at any time and in SafetyCall’s sole and exclusive discretion, nonexclusive license to access and use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. The use of the Site is at the discretion of SafetyCall and SafetyCall may terminate your use of the Site at any time. As a condition of your use of the Site, you warrant to SafetyCall that you will not use the Site for any purpose that is against the law or prohibited by this Agreement.
If you violate any term of this Agreement, or any aspect of law, regulation or guideline, your license to use the Site automatically ends.
You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of the Site without SafetyCall’s prior, written, express permission. You may not attempt to probe, scan or test the vulnerability of the Site or any system to which it is connected or attempt to breach any security measures. Your use of the Site must be in compliance with all applicable laws and rights of third parties, including without limitation all third party intellectual property rights. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure and you may not use the Site in any manner which could disable, overburden, damage, or impair the Site. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Site. You may not use the Site other than for its intended purpose, in any unlawful manner, or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site. You may not frame or co-brand the Site or otherwise make it appear that you have a relationship with us or that we have endorsed you. 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 a user the impression that such other party has the right to display, publish, or distribute this Site or its Content. You agree to cooperate with SafetyCall in causing any unauthorized co-branding or framing immediately to cease.
6. YOUR ACCOUNT. If you use this Site, you are responsible for maintaining the confidentiality of any account you may have and password and for restricting access to your computer and account, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.
7. FEEDBACK. 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 Site or the Content, or the products or services sold or otherwise provided by SafetyCall, that you communicate to SafetyCall (together, “Feedback”), and to incorporate any Feedback, in whole or in part or modified as SafetyCall sees fit, in this Site or other works, into products, or into services 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 in conjunction with 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 copyrights, patents, trademarks, trade secrets, or other intellectual property rights, publicity rights, and privacy rights, and that your Feedback conforms to all of the terms and conditions of this Agreement. SafetyCall will not be required to treat any Feedback as confidential, and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SafetyCall products, services, or other business operations.
8. SECURITY. YOU ARE PROHIBITED FROM ANY ATTEMPT TO COMPROMISE SECURITY OR TAMPER WITH SYSTEM RESOURCES ASSOCIATED WITH THIS SITE. THE USE OR DISTRIBUTION OF TOOLS DESIGNED FOR COMPROMISING SECURITY (E.G., PASSWORD GUESSING PROGRAMS, CRACKING TOOLS, OR NETWORK PROBING TOOLS) IS STRICTLY PROHIBITED. IF YOU BECOME INVOLVED IN ANY VIOLATION OF SYSTEM SECURITY, SAFETYCALL RESERVES THE RIGHT TO RELEASE YOUR DETAILS TO LAW ENFORCEMENT AND SYSTEM ADMINISTRATORS AT OTHER WEBSITES IN ORDER TO ASSIST THEM IN RESOLVING SECURITY INCIDENTS. SAFETYCALL RESERVES THE RIGHT TO INVESTIGATE SUSPECTED VIOLATIONS OF THIS AGREEMENT.
WITHOUT LIMITING SAFETYCALL’S RIGHT TO USE DATA RELATED TO YOU AS SET FORTH IN ITS PRIVACY POLICY, SAFETYCALL MAY USE AND DISCLOSE INFORMATION RELATED TO YOU IN SPECIAL INSTANCES WHEN WE HAVE REASON TO BELIEVE DISCLOSING THIS INFORMATION IS NECESSARY TO INVESTIGATE, IDENTIFY, CONTACT, OR BRING LEGAL ACTION AGAINST SOMEONE WHO MAY BE CAUSING INJURY TO OR INTERFERING WITH OUR RIGHTS OR PROPERTY, OTHER SITE VISITORS, OR ANYONE ELSE. SAFETYCALL MAY DISCLOSE YOUR INFORMATION WHEN SUBPOENAED, IF ORDERED OR OTHERWISE REQUIRED BY A COURT OF LAW, ARBITRATOR, OR OTHER SIMILAR PROCEEDING OR THE RULES GOVERNING SUCH A PROCEEDING, FOR GOVERNMENT INVESTIGATIONS, WITH GOVERNMENT AGENCIES IF REQUIRED BY LAW, TO EXERCISE, ESTABLISH, OR DEFEND SAFETYCALL’S LEGAL RIGHTS, TO PROTECT YOUR INTERESTS OR THOSE OF ANY OTHER THIRD PARTY, OR WHEN SAFETYCALL OTHERWISE BELIEVES IN GOOD FAITH THAT ANY APPLICABLE LAW REQUIRES IT.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SAFETYCALL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SAFETYCALL DURING ITS INVESTIGATIONS OR THE INVESTIGATIONS OF ANY LAW ENFORCEMENT AUTHORITIES AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SAFETYCALL OR LAW ENFORCEMENT AUTHORITIES.
YOU UNDERSTAND THAT SAFETYCALL CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. SAFETYCALL DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
YOU RECOGNIZE AND AGREE THAT WHEN SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION TO SAFETYCALL, WHILE SAFETYCALL MAY HAVE SAFEGUARDS IN PLACE TO PREVENT UNAUTHORIZED ACCESS OR INTERCEPTION, THERE IS NO ABSOLUTE GUARANTEE OF SECURITY. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, SAFETYCALL SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS. SAFETYCALL DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.
9. COMPLIANCE WITH LAWS. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
10. INDEMNIFICATION. To the fullest extent allowed by applicable law: You will defend, indemnify, and hold SafetyCall, its subsidiaries, affiliates, licensors, licenses, service providers, and content providers, and their respective employees, agents, owners, members, shareholders, officers, directors, and contractors (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 (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) (each a “Claim”) relating to or arising out of: (a) breach of this Agreement by you, including without limitation any use of the Site or Content other than as expressly authorized in this Agreement; (b) your access and use or misuse of the Site or its Content; (c) your violation of any law; (d) your violation, misappropriation or infringement of any rights of another; or (d) any Feedback or Content provided by you. The obligations under this Section shall not apply to the extent Losses are due to the negligent, grossly negligent, or willful misconduct of SafetyCall. You agree to promptly notify the SafetyCall Parties of any Claims, cooperate with the SafetyCall Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree the SafetyCall Parties shall have control of the defense or settlement of any Claims.
11. DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, ITS CONTENT, YOUR USE OF THIS SITE, AND SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. SAFETYCALL MAKES NO REPRESENTATIONS ABOUT THE SITE, ITS CONTENT, OR THE SUITABILITY OF THE SITE OR ITS CONTENT. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAFETYCALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ISSUE RELATING TO THE SITE OR ITS CONTENT OR YOUR ACCESS OR USE OF THE SITE OR ITS CONTENT SHALL BE TO DISCONTINUE USING THE SITE.
SAFETYCALL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SAFETYCALL MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND ITS CONTENT AT ANY TIME. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PET WELLNESS TELEHEALTH SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE PETHELPLINE TERMS OF SERVICE.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SAFETYCALL PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR OTHER INTANGIBLE LOSSES, OR LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS, COST OF COVER, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF DATA, (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING OUT OF OR IN ANY WAY CONNECTED TO: (i) THE ACCESS, USE OR THE INABILITY TO USE THE SITE OR ITS CONTENT; (ii) THE COST OF SUBSTITUTE SERVICES, INFORMATION, OR PRODUCTS RESULTING FROM ANY DATA, INFORMATION, SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE, ITS CONTENT, OR THIS AGREEMENT, AND INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, UNAUTHORIZED ACCESS, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO A SAFETYCALL PARTY’S SYSTEMS, RECORDS, PROGRAMS, OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SAFETYCALL PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED TO: (i) THE ACCESS, USE OR THE INABILITY TO USE THE SITE OR ITS CONTENT; (ii) THE COST OF SUBSTITUTE SERVICES, INFORMATION, OR PRODUCTS RESULTING FROM ANY DATA, INFORMATION, SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE, ITS CONTENT, OR THIS AGREEMENT, EXCEED THE GREATER OF THE AMOUNT YOU PAID TO SAFETYCALL FOR YOUR ACCESS AND USE OF THE SITE, EXCLUDING ANY FEES RELATED TO PET WELLNESS TELEHEALTH SERVICES WHICH ARE SUBJECT TO A SEPARATE AGREEMENT, OR THE MINIMUM AMOUNT ALLOWED BY LAW.
THE LIMITATIONS SET OUT IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE SAFETYCALL PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MISCONDUCT. SOME JURISDICTIONS INCLUDING (AS TO CONSUMERS) NEW JERSEY MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF SAFETYCALL. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATIONS AND EXCLUSIONS ARE NOT ALLOWED BY APPLICABLE LAW. IN ALL CASES, THE EXCLUSIONS APPLICABLE TO YOU SHALL BE THE MAXIMUM SCOPE OF EXCLUSIONS AND LIMITATIONS ALLOWED BY APPLICABLE LAW.
13. USE OF INFORMATION. SafetyCall reserves the right, and you authorize us, to use and assign all information regarding Site use by you and all information provided by you in any manner consistent with our Privacy Policy[s1] .
14. CHOICE OF LAW, MANDATORY ARBITRATION AND CLASS WAIVER, WAIVER OF TRIAL BY JURY. The laws of the State of Minnesota shall apply to this Agreement and the Site and its Content, without regard to any conflict of laws provisions. 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.
For all Disputes (as defined below), whether pursued in court or arbitration, you must first give SafetyCall an opportunity to resolve the Dispute. You must commence this process by e-mailing written notification to SafetyCall at info@pethelpline.com That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If you and SafetyCall do not resolve the Dispute within forty-five (45) calendar days after SafetyCall receives your written notification, you may pursue your Dispute in arbitration as set forth below.
YOU AGREE THAT, UNLESS SUCH A LIMIT IS PROHIBITED BY APPLICABLE LAW (INCLUDING, AS TO CONSUMERS, NEW JERSEY), YOU CANNOT INITIATE AN ACTION OR FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE OR CONTENT MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
THIS AGREEMENT, AND ALL CONTROVERSIES, CLAIMS, OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR STATUTE) THAT MAY BE BASED UPON, ARISE OUT OF OR RELATE TO THE SITE, ITS CONTENT, 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, THE SITE OR ITS CONTENT AND COMMUNICATIONS OR NOTICES RELATED THERETO; OR (II) AS AN INDUCEMENT TO ENTER INTO THIS AGREEMENT,), (COLLECTIVELY AND INDIVIDUALLY A “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 HENNEPIN COUNTY, 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 WITHOUT THE STATE OF MINNESOTA. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to SafetyCall, SafetyCall may seek injunctive or other relief, including without limitation a suit for money damages, in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of SafetyCall’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to 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.
15. 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.
16. ASSIGNABILITY. 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.
17. WAIVER. Failure by SafetyCall to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. Any waiver of this Agreement by SafetyCall must be in writing and signed by an authorized representative of SafetyCall.
18. MISCELLANEOUS. You may have greater rights, or some of the provisions of this Agreement may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
19. TERMINATION. SafetyCall reserves the right, in its sole discretion, to (i) terminate your access to the Site and the related services or any portion thereof at any time, without notice; and (ii) withdraw, suspend, or discontinue any functionality or feature of the Site. We will not be liable to you or any third party for any termination of your access to the Site.
20. RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
21. ENTIRE AGREEMENT. This pethelpline Website Terms of Use, along with the Additional Terms, constitutes the entire agreement between you and SafetyCall regarding the subject matter of this Agreement, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SafetyCall with respect to the subject matter of this Agreement. Notwithstanding the foregoing, you may also be subject to Additional Terms, posted policies (including but not limited to the Privacy Policy), the pethelpline Terms of Service, guidelines, or rules that may apply when you use the Site.
22. Errors. 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.
23. 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.
24. CONTACT INFORMATION.
SafetyCall International, LLC
Marketing & Sales
info@pethelpline.com
Last modified August 1, 2024