1. Acceptance of Terms: Your utilization of our Services indicates your acceptance of these Terms. If you do not consent to these Terms, refrain from using the Services.
NOTE ON ARBITRATION: BY CONSENTING TO THESE TERMS, YOU AGREE (WITH LIMITED EXCEPTION) TO SETTLE ANY DISPUTE WITH OTIS THROUGH BINDING ARBITRATION INSTEAD OF A COURT. PLEASE CAREFULLY GO THROUGH SECTION 17 “DISPUTE RESOLUTION” FOR FURTHER DETAILS ON ARBITRATION (INCLUDING THE METHOD TO OPT OUT).
3. Description of Services: We offer digital health and telehealth services for pets, which include connecting you with veterinary professionals for consultations.
4. Modifications to Terms or Services: We reserve the right to modify these Terms at our discretion. If we make changes, we will inform you by posting the revised Terms on the Site or through other communication channels. It is crucial to review the Terms each time you use the Services. Continuing to use the Services after changes have been posted means you accept the new Terms. If you do not agree with the updated Terms, you must cease using the Services. We may also change or terminate any part or all of the Services at any time without notice, at our discretion.
5. Eligibility to Use the Services:
(a) You are eligible to use the Services if you are 18 years or older, capable of entering into a legally binding agreement with Otis, and not prohibited from using the Services under applicable law.
(b) To access certain features of the Services, you must create an account (“Account”).
(c) It is imperative that the information provided for your Account is accurate, complete, and current. You agree to keep this information updated. Failure to do so may result in suspension or termination of your Account. You also agree not to disclose your account password and to inform us immediately in case of any unauthorized access. You are responsible for all activities under your Account, whether you are aware of them or not.
6. Feedback: We appreciate any feedback, comments, or suggestions for improvements to the Services (“Feedback”). Feedback can be submitted via email at firstname.lastname@example.org. You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free license, with the right to sub-license, to use, copy, modify, create derivative works, and exploit the Feedback for any purpose.
7. Payment: Usage of the Services (or certain aspects of them) requires payment, and you agree to pay the relevant fees.
(a) Generally, when you purchase the Services (such action, a “Transaction”), you grant us (or our third-party payment processor) permission to charge you for the Transaction. We may ask for additional information including credit card details and billing address (“Payment Information”). You declare that you have the legal authority to use the payment methods associated with the Payment Information provided. By initiating a Transaction, you allow us to share your Payment Information with third parties to complete the Transaction and charge your payment method for the Transaction type chosen (plus any applicable taxes and additional charges). Further information might be required to verify your identity.
(d) Subscription: Upon subscribing, you will be charged the monthly or annual subscription fee, plus any applicable taxes and additional charges (“Subscription Fee”) on the purchase date and every month thereafter. PURCHASING A SUBSCRIPTION MEANS YOU AUTHORIZE US TO CHARGE RECURRING, NON-REFUNDABLE PAYMENTS AS DETAILED BELOW. We (or our third-party payment processor) will automatically charge you on the monthly anniversary of your subscription’s commencement until you cancel. Your subscription has recurring payment features, and you accept responsibility for all recurring payments until your subscription is canceled.
(e) To cancel your Subscription, please email email@example.com. You will remain responsible for all Subscription Fees incurred for the current Subscription period. NOTE THAT YOU WILL NOT RECEIVE A REFUND FOR ANY PART OF THE SUBSCRIPTION FEE PAID FOR THE CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
8. Ownership and Accountability for Content.
(a) Definitions: Within the scope of these Terms: (i) "Content" refers to text, graphics, images, music, software, audio, video, works of authorship of any type, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" refers to any Content that you supply to us via the Services (e.g., information regarding your pet).
(b) Otis’s Content Ownership: Otis does not assert ownership over any User Content, and nothing in these Terms should be construed as limiting any rights that you might have to use and exploit your User Content. However, Otis holds exclusive ownership rights, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are safeguarded by copyright, trademark, and other laws of the United States and foreign countries. You commit not to alter, remove or obscure any copyright, trademark, service mark or other proprietary rights notices integrated in or accompanying the Services or Content.
(c) License in User Content Granted by You: When you submit any User Content through the Services, you hereby provide Otis with a non-exclusive, irrevocable, perpetual, transferable, global, royalty-free license, along with the right to sub-license, to employ, replicate, modify, distribute, publicly display, and publicly perform your User Content as needed for operating and offering the Services.
(d) Your Accountability for User Content: You hold sole responsibility for all your User Content. You assure that you either own your User Content or possess all necessary rights to grant us the license rights in your User Content under these Terms. Furthermore, you affirm that your User Content, your use and provision of your User Content via the Services, or Otis's use of your User Content through the Services will not infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or breach any applicable law or regulation.
(e) Deletion of User Content: You have the option to erase your User Content by specifically deleting it. Nonetheless, sometimes, remnants of your User Content might persist and copies may continue to exist on the Services. Otis holds no responsibility or liability for the removal or failure to remove any of your User Content.
(f) License in Content Granted by Otis: Subject to your adherence to these Terms, Otis grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the Content solely in association with your authorized use of the Services and strictly for personal and non-commercial purposes.
9. Universal Restrictions and Otis’s Enforcement Authority. You pledge not to engage in the following:
(a) Submit, upload, post, or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or advocates conduct that would violate, any applicable law or regulation or would incur civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) supports discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or menacing or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illicit or harmful activities or substances;
(b) Utilize, display, mirror, or frame the Services or any component within the Services, Otis’s name, any Otis trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Otis’s explicit written permission;
(c) Access, meddle with, or utilize non-public areas of the Services, Otis’s computer systems, or the technical delivery systems of Otis’s suppliers;
(d) Endeavor to probe, scan, or test the vulnerability of any Otis system or network or infringe any security or authentication measures;
(e) Evade, bypass, remove, deactivate, impair, descramble, or otherwise get around any technological measure implemented by Otis or any of Otis’s providers or any other third party (including another user) to secure the Services or Content;
(f) Endeavor to access or search the Services or Content or download Content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents offered by Otis or other generally available third-party web browsers;
(g) Dispatch any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other concealed text or metadata employing an Otis trademark, logo URL, or product name without Otis’s explicit written consent; (i) Use the Services, or any segment thereof, for any commercial purpose or for the benefit of any third party or in any manner not allowed by these Terms;
(i) Falsify any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to transmit altered, deceptive, or false source-identifying information;
(j) Endeavor to decipher, decompile, disassemble or reverse engineer any software utilized to offer the Services;
(k) Interfere or attempt to interfere with the access of any user, host, or network, including, without limitation, dispatching a virus, overloading, flooding, spamming, or mail-bombing the Services;
(l) Amass or store any personally identifiable information from the Services from other users of the Services without their explicit permission;
(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Infringe any applicable law or regulation; or
(o) Encourage or enable any other individual to perform any of the preceding actions.
Otis is not obliged to monitor access to or use of the Services or to review or edit any Content, but we possess the right to do so to operate the Services, to guarantee compliance with these Terms, and to abide by legal requirements. We reserve the right, but are not obliged, to eliminate or disable access to any Content (including, without limitation, User Content), at any time and without notice, if we, in our sole discretion, regard any Content to be objectionable or in violation of these Terms. We reserve the right to investigate breaches of these Terms or conduct that impacts the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Third-Party Content and Links. The Services may provide content from third parties, including links to third-party websites or resources (“Third-Party Content”). We do not have control over, endorse, or adopt any Third-Party Content and will have no liability for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You acknowledge that we provide Third-Party Content to you only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such sites. You accept sole responsibility for and assume all risk stemming from your use of any third-party websites or resources and all your interactions with such third-party websites or resources.
11. Account Termination. We reserve the right to terminate your access to and use of the Services, solely at our discretion, at any time and without notifying you. You may cancel your account at any time through the Services interface or by sending an email to us at firstname.lastname@example.org. Upon termination, discontinuation, or cancellation of the Services or your account, the following sections will remain in effect: 7, 8(a), 8(b), 8(c), 8(d), 11, 12, 13, 14, 15, 16, and 17.
12. Disclaimers Regarding Warranties.
(a) The Services and Content are supplied “as is” and carry no warranty whatsoever. To elaborate, we expressly disavow all implicit warranties, including but not limited to merchantability, suitability for a specific purpose, quiet enjoyment, and non-infringement, as well as any warranties that might have evolved through business dealings or trade usage. We do not promise that the Services will fulfill your needs, nor that they will be ceaseless, secure, or free from errors. Moreover, we offer no assurances regarding the quality, precision, punctuality, veracity, comprehensiveness, or dependability of any Content. The Content might include data about different medical conditions that could affect your pet. However, this data is strictly informational and must not be misconstrued as medical counsel.
(b) Any guidance provided by a veterinary expert is meant solely for aiding your decision-making (i.e., to support you in making veterinary medical choices). The Services are no replacement for a face-to-face assessment of your pet by a veterinary doctor. Interactions with veterinary professionals through the Services are inherently constrained and lack the usual precautions and processes typical of in-person assessments and consultations. Your utilization of the Services does not establish any client-professional relationship with us. Conversations with any professionals via the Services are not confidential and are not protected by any relevant privileges. The laws, norms, governing bodies, practices, and procedures applicable to your query or situation might vary based on location and data generally found through in-person assessments. The veterinary professionals accessible through the Services may have credentials, certifications, education, employment, or expertise that are limited to certain jurisdictions or domains.
(c) Otis is not a pharmacy. All medication prescribed by a qualified medical practitioner is fulfilled and shipped by Pet’s Choice Pharmacy, LLC, located at 814 K Street, Belleville KS 66935. PIC: Spencer Brown.
(d) IF YOU THINK YOUR PET IS HAVING A MEDICAL EMERGENCY, IMMEDIATELY SEEK PROPER EMERGENCY VETERINARY CARE. You accept sole accountability and bear all risks resulting from your use of the Services.
13. Indemnification. You agree to defend and protect Otis, its officers, directors, employees, and agents against any claims, disagreements, demands, liabilities, damages, losses, and costs and expenses, which include reasonable legal and accounting fees, that arise from or are in any way linked to your access to or use of the Services, your User Content, or your breach of these Terms.
14. Restrictions on Liability.
(a) Neither Otis nor any other party involved in the creation, production, or provision of the Services shall be held accountable for any incidental, special, exemplary, or consequential damages, or damages for lost profits, revenues, savings, business opportunities, data, goodwill, service disruption, computer damage, system failure, or the cost of substitute services, whether arising from warranty, contract, tort, product liability, or any other legal theory, irrespective of whether Otis or any other party had been made aware of the possibility of such damage. In the event that a limited remedy herein is deemed to have not served its essential purpose, this clause still applies. Certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, so this may not apply to you.
(b) In no case will Otis’s total liability related to these Terms or from the use of or inability to use the Services surpass the amounts you have paid to Otis for the use of the Services, or one hundred dollars ($100), if you have not had any payment obligations to Otis.
(c) The abovementioned exclusions and limitations on damages are key components of the agreement between Otis and you.
15. Applicable Law and Jurisdiction. These Terms and any related actions will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, disregarding its conflict of law provisions. Unless explicitly stated otherwise in Section 17, “Dispute Resolution”, the exclusive jurisdiction for all Disputes that you and Otis are not obliged to arbitrate will be the state and federal courts located in the Northern District of New York (Albany Division), and both you and Otis renounce any objections to jurisdiction and venue in such courts.
16. Resolving Disputes.
(a) Mandatory Arbitration of Disputes. It is agreed that any dispute, claim, or controversy emanating from or connected to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services or Content (“Disputes”), will be resolved only by binding, individual arbitration, and not through a class, representative, or consolidated action or proceeding. Both you and Otis consent that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that both parties are waiving the right to a jury trial or to participate in a class action. This arbitration agreement will continue even after termination of these Terms.
(b) Exceptions. As limited exceptions to Section 16(a) above: (i) both parties may attempt to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of intellectual property rights.
(c) Conduct of Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) as of that time, with modifications by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party initiating arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you reside, unless mutually agreed otherwise. The arbitrator shall have sole authority to decide all issues regarding the interpretation, applicability, enforceability, and scope of this arbitration agreement.
(d) Arbitration Costs. All filing, administration, and arbitrator fees will be governed by the AAA Rules, and we will not attempt to recover administration and arbitrator fees for which we are responsible, unless the arbitrator deems your Dispute frivolous. If we prevail in arbitration, we will pay all of our attorney's fees and costs and will not attempt to recover them from you. If you prevail in arbitration, you are entitled to an award of attorney’s fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as stated in Section 17(b) above, the arbitrator will decide all liability issues based on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Issues regarding public injunctive relief, where the primary purpose is to prohibit unlawful acts that threaten future injury to the public, must be litigated in a civil court of competent jurisdiction and not in arbitration. Litigation of public injunctive relief issues will be put on hold until the resolution of individual claims in arbitration.
(f) Class Action Waiver. Both YOU AND OTIS AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate another person's claims with your claims and may not preside over any form of a representative or class proceeding. If this specific clause is unenforceable, then the entirety of this Dispute Resolution section will be null and void.
(g) Severability. Except for any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, the remaining parts of these Terms will remain in effect.
17. General Conditions.
(a) Entire Agreement. These Terms form the full and exclusive understanding and agreement between you and Otis regarding the Services, replacing all prior agreements or understandings, whether written or oral. If a court or arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full effect. You cannot assign or transfer these Terms without Otis's prior written consent. Any attempt by you to assign or transfer these Terms without consent will be nullified. Otis can assign or transfer these Terms freely. These Terms will bind and benefit the parties, their successors, and permitted assigns.
(b) Notices. Otis may give notices or other communications under these Terms, including modifications to these Terms, through email or by posting on the Services. For notices made by email, the date of receipt will be deemed the date on which the notice is sent.
(c) Waiver of Rights. Otis’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. A waiver will only be effective if it is in writing and signed by an authorized representative of Otis. Exercising remedies under these Terms by either party will not prejudice its other remedies under these Terms or otherwise.
18. Contact Details. For questions about these Terms or the Services, please contact Otis Pet, Inc at email@example.com.