Question 1

SCVG Terms of Service

Accepted Answer

SOUTHERN CALIFORNIA VET GROUP, INC.
CLIENT TERMS OF SERVICE
Last Updated: December 2, 2021
These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “Client”, “you,” or “your”) and Southern California Vet Group, Inc. (“SoCalVet Group,” “we,” “us,” “our”). You acknowledge and agree that your use of the So Cal Vet platform (the “Platform”) through So Cal Vet’s Website or Platform at https://www.socalvetgroup.com/ (the “Website”) will be governed by this Agreement, our Privacy Policy, and any related terms. Your use of So Cal Vet’s App - Pet Pit Stop (the “App”) will be governed by Pet Pit Stop’s Terms of Service, the Pet Pit Stop Privacy Policy, referenced herein and any related terms.
Your use of our Website or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein. Your use of our App shall constitute your acceptance of the Pet Pit Stop Terms of Service and to all of the terms and conditions stated under it and the Pet Pit Stop Privacy Policy referenced herein.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at info@socalvetgroup.com.
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN.
Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.
INTRODUCTION TO SoCalVet Group
SoCalVet Group is a network of three full service veterinary hospitals, dedicated to the health and well-being of the pets of the Inland Empire. Like you, we are all pet lovers at SoCalVet Group and treat every pet with love, compassion, and expert care. We have locations in Norco, Murrieta, and Lake Elsinore, and are ready to serve you seven days a week. Our services range from primary and preventative care, oral health and diagnostic services and surgery (“Services”).
You can use our So Cal Vet Website and Platform to book non-emergency appointments for our services by filling your information in the online form here. In case of an emergency, please call your nearest hospital directly. You can also use our secure, cloud-based Pet Pit Stop App to book non-emergency appointments at partner hospitals, and earn redeemable rewards for each visit.
TERRITORIAL RESTRICTION
Our Website and Platform are only available for use and download in the United States. Our Website and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website or Platform. If you are a resident in the United States of America (“US”), the laws of the State of California shall apply. You must comply with these Terms of Service and our Privacy Policy.
If you have any questions regarding this Section, please email us at info@socalvetgroup.com.
PRIVACY POLICY
Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website or Platform. You understand that through your use of our Website or Platform, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, and/or other countries for storage, processing and use by SoCalVet Group and our affiliates.
ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to use our Website or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website or Platform.
BOOKING/CANCELLATION OF APPOINTMENTS
Through our Website and Platform, you can book non-emergency appointments for the same day, next day or two days in advance as per the availability at your chosen hospital location. To request a non-emergency appointment on our Website and Platform you need to fill out and submit the online form. You agree that the online form is supplementary and subject to these Terms of Service. Do Not submit the online form unless you read and agree to these Terms of Service. To fill out the form you will need to provide information that may include your full name, your pet’s name and details such as age, breed, color gender, phone number, email address and preferred times and location for your appointment. For new Clients, you will also need to provide your home address and agree to the additional terms applicable to new Clients.
Once you submit the online form, a SoCalVet Group client services representative will reply to your request through email or text, per your submitted preference with your confirmation or alternate appointment availability. Submitting the form does not guarantee an appointment. To cancel an appointment made online, please call the hospital directly.
You can also book non-emergency appointments by downloading our Pet Pit Stop App. For details on the booking process and terms of the App, please refer to the Pet Pit Stop Terms of Service and Pet Pit Stop Privacy Policy.
Deposits
A deposit will be required to schedule appointments and surgical procedures. Deposits reserve your appointment and are credited towards the Services received. Payment in full of the remaining balance must be made when the patient is released.
Appointment confirmations are subject to timely payment of the deposit, as described below:
For same day appointments, deposits need to be paid within one hour of making the booking.
For next day appointments, deposits need to be paid by 5.00 PM PST on the day appointment was booked.
For appointments made more than two days in advance, deposits need to be paid within 24 hours of booking the appointment.
For next day appointments made after 5.00 PM PST, deposits need to be paid within one hour of making the booking.
No Show/Cancellation Policy
You agree and understand that the deposit paid for an appointment will be forfeited if you are a no-show or do not cancel the appointment 24 hours in advance. A full refund of the deposit will be given for appointments that are cancelled 24 hours in advance of the date of appointment. A rescheduled appointment that is less than 24 hours in advance is considered a no show and will be treated as such.
LATE ARRIVAL POLICY
Clients are required to arrive at your scheduled appointment time. A grace period of 10 minutes will be permitted for unforeseen delays a Client may encounter while traveling to the clinic location for their appointment. Clients arriving later than 10 minutes will be given the option to be seen as a walk in, if the schedule permits, or rescheduled for a later date. Deposit will be forfeited for scheduled appointments that cannot be rescheduled for the same day, owing to Client’s delay.
NEW CLIENT FORM
When your requested appointment is booked with one of our hospitals, you will be directed towards a New Client Form to submit new client information. To submit the new client form you will need to provide information that may include your appointment times and location, your full name, your birth date, home address, email address, home phone, mobile phone, preferred contract method, your pet’s name and details such as age, breed, color gender and other medical history, and agree to the additional terms applicable to new clients. You understand that federal regulations require us by law to obtain a date of birth and current residential address in order to prescribe controlled substances, prior to the transaction.
WEB RELEASE
When you use our Website or Platform, you may provide us your story, your pet’s story, photo, audio, video recording or other item, (collectively “Materials”), you hereby grant SoCalVet Group the permission to post these Materials on SoCalVet Group’s electronic media including but not limited to promotional video, web pages, and social media such as YouTube, Facebook, Instagram and/or LinkedIn pages or similar media. You hereby release So Cal Vet Group, our representatives, employees, managers , and members from all claims and damages arising out of or in connection with any use of the Materials, including without limitation, all claims for invasion of privacy, infringement of your right of publicity, defamation and any other personal and/or property rights. You acknowledge and agree that no sums whatsoever will be due to you as a result of use and/or exploitation of the Materials or any other right therein by SoCalVet Group.
SERVICE LICENSE
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website or Platform to access, stream, download, and use on your mobile device our Website or Platform and content made available in or otherwise accessible through our Website or Platform, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Platform, except as expressly permitted in this Agreement. When using and accessing our Website or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO SoCalVet Group FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE OR PLATFORM.
ACCESS AND SERVICE RESTRICTIONS
You agree that our Platform, including but not limited to the Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by SoCalVet Group and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website or Platform, in any manner, and you will not exploit our Website or Platform in any unauthorized way whatsoever, including but not limited to, using our Website or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website or Platform.
RESERVATION OF RIGHTS
You acknowledge and agree that our Website and Platform is provided for your use. Except to the extent necessary to access and use our Website and Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or Platform, whether expressly, by implication, estoppel, or otherwise. SoCalVet Group and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website or Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
ACCESS RIGHTS
You can access and use our Website or Platform at https://www.socalvetgroup.com/. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our Website or Platform is compromised by you or another person through the use of our Website or Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.
We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website or Platform. This information is necessary for us to provide our Website or Platform to you and is stored on our servers to enable us to continue to provide our Website or Platform to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Website or Platform to you. Please send your requests to us at info@socalvetgroup.com.
REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website or Platform, you agree to this Agreement and to strictly observe the following:
Required Conduct
Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
Provide accurate information to SoCalVet Group and update from time to time as may be necessary;
Review our Privacy Policy; and
Review and comply with notices sent by SoCalVet Group, if any, concerning our Website or Platform.
Prohibited Conduct
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or Platform (excluding any user content);
Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or Platform, or any part thereof;
Utilize information, content or any data you view on and/or obtain from our Website or Platform to provide any service that is competitive with us;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by SoCalVet Group unless you have entered into a written agreement with us;
Adapt, modify, or create derivative works based on our Website or Platform or technology underlying our Website or Platform, or other users’ content, in whole or in part;
Rent, lease, loan, trade, sell/re-sell access to our Website or Platform or any information therein, or the equivalent, in whole or part;
Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website or Platform;
Use automated methods to add contacts or send messages;
Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website or Platform;
Attempt to or actually access our Website or Platform by any means other than through the interface provided by SoCalVet Group;
Attempt to or actually override any security component included in or underlying our Website or Platform;
Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or Platform, including those of both So Cal Vet Group or any of our licensors;
Use any information obtained from our Website or Platform to harass, abuse, or harm another user; or
Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
SoCalVet Group COMMUNICATIONS
You understand and agree that you may receive information and push notifications from SoCalVet Group via email, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not SoCalVet Group.
Email Contact. We may send promotional messages about us and our products and services related to our Website or Platform to your email. When you send us a query email at info@socalvetgroup.com you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Service and our Privacy Policy.
Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website and Platform.
PAYMENT
Our Website and Platform is currently provided to you at no cost. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under Section 23 or as otherwise specified in another agreement between SoCalVet Group and you. The prices for our medical services can be found on the pricing page of our Website, as amended from time to time.
Payment for Services and Treatment Plan
For Service provided at the hospitals, payment in full for all charges are required at the time of Service. By using our Services you acknowledge and understand that a treatment plan will be presented to you, to include initial and additional recommended treatments, diagnostics, or procedures and all costs associated with those services. You understand that no guarantee or assurance can be made as to the results that may be obtained. You thoroughly understand that you assume all risks involved with any treatments or procedures.
INDEMNIFICATION
You agree to indemnify, defend, and hold SoCalVet Group and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against SoCalVet Group and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
DISCLAIMERS
Your access to and use of our Website and Platform or any content are at your own risk. You understand and agree that our Website and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website or Platform; and (iv) whether our Website or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website or Platform, will create any warranty or representation not expressly made herein.
SoCalVet Group DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE OR PLATFORM, BUT SoCalVet Group WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL SoCalVet Group BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND SO CAL VET GROUP SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will SoCalVet Group be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website or Platform, including, without limitation, any information made available through our Website or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website or Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that SoCalVet Group may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SoCalVet Group’s liability will be the minimum permitted under applicable law.
TERMINATION
You may terminate this binding legal Agreement with SoCalVet Group by providing thirty (30) days prior written notice, with a possible termination charge.
We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website or Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for SoCalVet Group; or (iii) our provision of our Website or Platform to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website or Platform.
All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
SoCalVet Group’s Copyright Agent to receive DMCA Takedown Notices is Harry Nguyen, info@socalvetgroup.com, at SoCalVet Group, Attn: DMCA Notice, 892 6th st. Norco, CA 92860. . You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by SoCalVet Group in connection with the written notification and allegation of copyright infringement.
ASSIGNMENT
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
MODIFICATIONS
We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on our Website or Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our Website or Platform shall constitute your consent to such changes.
RELATIONSHIP OF PARTIES
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind SoCalVet Group to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of SoCalVet Group.
GOVERNING LAW
This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Riverside County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 26.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SoCalVet Group AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and SoCalVet Group agree (a) to waive your and SoCalVet Group’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website or Platform, resolved in a court, and (b) to waive your and SoCalVet Group’s respective rights to a jury trial. Instead, you and SoCalVet Group agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
No Class Arbitrations, Class Actions or Representative Actions
You and SoCalVet Group agree that any Dispute arising out of or related to these Terms of Service or use or access of our Website or Platform is personal to you and SoCalVet Group and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and SoCalVet Group agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and So Cal Vet Group agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Federal Arbitration Act
You and SoCalVet Group agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution
You and SoCalVet Group agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to SoCalVet Group shall be sent by certified mail or courier to SoCalVet Group, Attn: Lee Florez, 892 6th st. Norco, CA 92860. . Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your SoCalVet Group account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and SoCalVet Group cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or SoCalVet Group may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
Process
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND SoCalVet Group AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SoCalVet Group WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SoCalVet Group WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and SoCalVet Group agree that (a) any arbitration will occur in Riverside County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator
As limited by the FAA, these Terms of Service and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. So Cal Vet and you agree that the prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Rules of AAA
The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
Severability
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
Opt-Out Right
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: SO CAL VET GROUP, RE: OPT-OUT, 892 6TH ST. NORCO, CA 92860. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 25.
MISCELLANEOUS
This Agreement along with our Privacy Policy constitutes the entire agreement between you and SoCalVet Group and supersedes any prior agreements between you and SoCalVet Group with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to SoCalVet Group shall be given by certified mail, postage prepaid and return receipt requested to SoCalVet Group at 892 6th st. Norco, CA 92860. Any notices to you shall be provided to you through our Website or Platform or given to you via the email address or physical address you provide to SoCalVet Group during the registration process.

Question 2

SCVG Terms of Use

Accepted Answer

SOUTHERN CALIFORNIA VET GROUP, INC.
TERMS OF USE
Last Updated: December 2, 2021
These Terms of Use (“Agreement” or “Terms of Use”) are a legally binding agreement between you (the “User,” “you,” or “your”) and Southern California Vet Group, Inc. (“SoCalVet Group,” “we,” “us,” “our”). You acknowledge and agree that your use of the SoCalVet Group’s website at https://www.socalvetgroup.com/ (the “Website”) will be governed by this Agreement, our Privacy Policy, and any related terms.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at info@socalvetgroup.com.
Your use of our Website shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN.
Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.
INTRODUCTION TO SoCalVet Group
SoCalVet Group is a network of three full service veterinary hospitals, dedicated to the health and well-being of the pets of the Inland Empire. Like you, we are all pet lovers at SoCalVet Group and treat every pet with love, compassion, and expert care. We have locations in Norco, Murrieta, and Lake Elsinore, and are ready to serve you seven days a week. Our services range from primary and preventative care, oral health and diagnostic services and surgery.
TERRITORIAL RESTRICTION
Our Website is only available for use and download in the United States. Our Website is not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website. If you are a resident in the United States of America (“US”), the laws of the State of California shall apply. You must comply with these Terms of Use and our Privacy Policy.
If you have any questions regarding this Section, please email us at info@socalvetgroup.com.
PRIVACY POLICY
Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website. You understand that through your use of our Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, and/or other countries for storage, processing and use by SoCalVet Group and our affiliates.
ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to use our Website, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website.
SERVICE LICENSE
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website to access, stream, download, and use on your mobile device our Website and content made available in or otherwise accessible through our Website, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, except as expressly permitted in this Agreement. When using and accessing our Website, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO SoCalVet Group FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE.
ACCESS AND SERVICE RESTRICTIONS
You agree that our Website, including but not limited to the graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by SoCalVet Group and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, in any manner, and you will not exploit our Website in any unauthorized way whatsoever, including but not limited to, using our Website to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website.
RESERVATION OF RIGHTS
You acknowledge and agree that our Website is provided for your use. Except to the extent necessary to access and use our Website, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, whether expressly, by implication, estoppel, or otherwise. SoCalVet Group and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
ACCESS RIGHTS
You can access and use our Website at https://www.socalvetgroup.com/. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our Website is compromised by you or another person through the use of our Website. We will not be liable for any loss or damage arising from your failure to comply with this Section.
We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website. This information is necessary for us to provide our Website to you and is stored on our servers to enable us to continue to provide our Website to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Website to you. Please send your requests to us at info@socalvetgroup.com.
REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website, you agree to this Agreement and to strictly observe the following:
Required Conduct
Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
Provide accurate information to SoCalVet Group and update from time to time as may be necessary;
Review our Privacy Policy; and
Review and comply with notices sent by SoCalVet Group, if any, concerning our Website.
Prohibited Conduct
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website (excluding any user content);
Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website, or any part thereof;
Utilize information, content or any data you view on and/or obtain from our Website to provide any service that is competitive with us;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by SoCalVet Group unless you have entered into a written agreement with us;
Adapt, modify, or create derivative works based on our Website or technology underlying our Website, or other users’ content, in whole or in part;
Rent, lease, loan, trade, sell/re-sell access to our Website or any information therein, or the equivalent, in whole or part;
Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
Use automated methods to add contacts or send messages;
Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
Attempt to or actually access our Website by any means other than through the interface provided by SoCalVet Group;
Attempt to or actually override any security component included in or underlying our Website;
Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, including those of both SoCalVet Group or any of our licensors;
Use any information obtained from our Website to harass, abuse, or harm another user; or
Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
SoCalVet Group COMMUNICATIONS
You understand and agree that you may receive information and push notifications from SoCalVet Group via email, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not SoCalVet Group.
Email Contact. We may send promotional messages about us and our products and services related to our Website to your email. When you send us a query email at info@socalvetgroup.com, you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Use and our Privacy Policy.
Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website.
PAYMENT
Our Website is currently provided to you at no cost. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under Section 19 or as otherwise specified in another agreement between SoCalVet Group and you.
INDEMNIFICATION
You agree to indemnify, defend, and hold SoCalVet Group and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against SoCalVet Group and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
DISCLAIMERS
Your access to and use of our Website or any content are at your own risk. You understand and agree that our Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website; and (iv) whether our Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, will create any warranty or representation not expressly made herein.
SoCalVet Group DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE, BUT SoCalVet Group WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL SoCalVet Group BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND SoCalVet Group SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will SoCalVet Group be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, including, without limitation, any information made available through our Website pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that SoCalVet Group may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SoCalVet Group’s liability will be the minimum permitted under applicable law.
TERMINATION
You may terminate this binding legal Agreement with SoCalVet Group by providing thirty (30) days prior written notice, with a possible termination charge.
We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for SoCalVet Group; or (iii) our provision of our Website to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website.
All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Website that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
SoCalVet Group’s Copyright Agent to receive DMCA Takedown Notices is Harry Nguyen, info@socalvetgroup.com. at SoCalVet Group, Attn: DMCA Notice, 892 6th st. Norco, CA 928. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by SoCalVet Group in connection with the written notification and allegation of copyright infringement.
ASSIGNMENT
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
MODIFICATIONS
We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on our Website by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our Website shall constitute your consent to such changes.
RELATIONSHIP OF PARTIES
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind SoCalVet Group to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of SoCalVet Group.
GOVERNING LAW
This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Riverside County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SoCalVet Group AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and SoCalVet Group agree (a) to waive your and SoCalVet Group’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, resolved in a court, and (b) to waive your and SoCalVet Group’s respective rights to a jury trial. Instead, you and SoCalVet Group agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
No Class Arbitrations, Class Actions or Representative Actions
You and SoCalVet Group agree that any Dispute arising out of or related to these Terms of Use or use or access of our Website is personal to you and SoCalVet Group and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and SoCalVet Group agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and SoCalVet Group agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Federal Arbitration Act
You and SoCalVet Group agree that these Terms of Use affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution
You and SoCalVet Group agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to SoCalVet Group shall be sent by certified mail or courier to SoCalVet Group, Attn: Lee Florez, 892 6th st. Norco, CA 928. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your SoCalVet Group account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and SoCalVet Group cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or SoCalVet Group may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
Process
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND SoCalVet Group AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SoCalVet Group WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SoCalVet Group WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and SoCalVet Group agree that (a) any arbitration will occur in Riverside County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator
As limited by the FAA, these Terms of Use and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. SoCalVet Group and you agree that the party prevailing in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Rules of AAA
The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
Severability
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
Opt-Out Right
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: SO CAL VET GROUP, RE: OPT-OUT, 892 6TH ST. NORCO, CA 928. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 21.
MISCELLANEOUS
This Agreement along with our Privacy Policy constitutes the entire agreement between you and SoCalVet Group and supersedes any prior agreements between you and SoCalVet Group with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to SoCalVet Group shall be given by certified mail, postage prepaid and return receipt requested to SoCalVet Group at 892 6th st. Norco, CA 928. Any notices to you shall be provided to you through our Website or given to you via the email address or physical address you provide to SoCalVet Group during the registration process.

Question 3

SCVG Privacy Policy

Accepted Answer

SOUTHERN CALIFORNIA VET GROUP, INC.
PRIVACY POLICY
Last Updated: December 2, 2021
INTRODUCTION
Southern California Vet Group, Inc. (“SoCalVet Group,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use SoCalVet Group Platform (the “Platform”) through So Cal Vet Group’s website at https://www.socalvetgroup.com/ (the “Website”). Your use of So Cal Vet’s App - Pet Pit Stop (the “App”) will be governed by Pet Pit Stop’s Terms of Service, Pet Pit Stop Terms of Use, the Pet Pit Stop Privacy Policy referenced herein, and any related terms.
SoCalVet Group is committed to protecting the privacy of its Users whose information is collected and stored while using SoCalVet Group’s Platform through our Website or App. This Privacy Policy is applicable to our Website, and Platform and all applications offered for sale to the public, unless otherwise specified.
The capitalized terms have the same meaning as ascribed in our Terms of Use or Terms of Service as applicable, unless otherwise noted here.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE, APP, AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE , APP, AND PLATFORM.
IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT PRIVACY@SOCALVETGROUP.COM.
WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.
TERRITORIAL RESTRICTION
Our Website and Platform are only available for use and download in the United States. Our Website and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, App, or Platform. If you are a resident of the United States (“US”), the laws of the State of California, United States shall apply. You must comply with this Privacy Policy and our Terms of Use and Terms of Service, as applicable.
If you have any questions regarding this Section, please email us at privacy@socalvetgroup.com.
WHAT INFORMATION DO WE COLLECT?
When you register to use our Website or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, address, social security number, driver’s license or ID card number, online contact information such as your email address or username, phone number, user name or email address combined with password or security question and answer, photographs, and video or audio files containing an image or a voice, and other personal information . The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at privacy@socalvetgroup.com or through your profile or account settings on our Website, App, or Platform.
Account Information. When you register to use our Platform or when you create an account, we will collect your personal information. We may also collect information that does not personally identify you such as your geolocation and your pet’s information, such as your pet’s name, species, breed, birthday, weight, sex, and vaccination and other medical history.
Financial Information. We currently do not collect or store any credit cards or bank information, as we are using a third-party payment processor. However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.
HOW DO WE COLLECT INFORMATION?
We collect personal information from you in the following ways:
At registration on our Website, App, or Platform;
In email, text, and other electronic messages between you and our Website, App, or Platform;
Through mobile and desktop applications your downloads from our Website, App, or Platform, which provides dedicated non-browser-based interaction between you and our Website, App, or Platform;
When you interact with our advertising and applications on third-party website and services, if those applications or advertising include a link to this Privacy Policy;
From you placing an order, which includes details of transactions you carry out on our Website, App, or Platform;
From forms filled out by you;
From records or copies of correspondences (including email addresses) if you contact us;
From search queries on our Website, App, or Platform; and
We collect information from you automatically when you navigate through our Website, App, or Platform in the following ways:
Usage details;
IP addresses;
Information obtained through browser cookies;
Information obtained through flash cookies;
Web beacons on our Website;
Web beacons on emails sent by us; and
Other tracking technologies.
HOW DO WE USE YOUR INFORMATION?
We use the information that you provide to:
Personalize your experience in using our Platform;
Provide you with information, products, or services requested from us;
Present our Website, App, and Platform and their contents to you;
Provide you with notices about account and/or subscription, including expiration and renewal notices;
Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;
Notify you about changes to our Website, App, and Platform and any products or services;
Allow you to participate in interactive features on our Website, App, and Platform;
Improve the Website, App, and Platform;
Improve our customer service;
Administer contests, promotions, and surveys or other Website, App, and Platform features;
Process transactions;
Contact you for other purposes with your consent;
Contact you about our products and services that may be of interest;
Contact you about third parties’ goods and services;
Enable the display of advertisements to our advertisers’ target audiences, although personal information is not shared with advertisers without your consent; and
Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section 13, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information related to your product and/or service; and (iv) market to our mailing list or continue to send email to you after the original transaction has occurred.
OUR COOKIE POLICY
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”
We use Cookies on our Website and App to (a) help remember and process items in the shopping cart, (b) understand and save your preferences for future visits, (c) keep track of advertisements, (d) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future, and (e) allow trusted third-party services that track this information on our behalf. You can set your browser to refuse all or some browser Cookies, but it may affect your user experience. We honor Do Not Track signals and, if one is in place, we will not track, plant cookies, or use advertising.
HOW DO WE PROTECT INFORMATION WE COLLECT?
Our Website and App are reasonably scanned to meet PCI Compliance. Our Website and App receive regular security scans and penetration tests. Our Website and App also receive regular malware scans. In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platform and servers. We accept payment by credit card through a third-party credit card processor on our behalf. We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platform, on our Website and App.
DATA SECURITY MEASURES.
Security Measures. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, App, or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, App, or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, App, or Platform.
Fair Information Practice Principles. In the event of a personal data breach, we will notify you within fifteen (15) days via (i) email and/or (ii) our Platform notification system on our Website and/or App. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
DISCLOSURE OF PERSONAL INFORMATION
There are times when we may share Personal Information that you have shared with us may be shared by SoCalVet Group with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how So Cal Vet Group may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:
Disclosure of Personal Information.
We may disclose aggregated, de-personalized information about you that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.
We may disclose personal information to our subsidiaries and affiliates.
We may disclose personal information to contractors, services providers, and other third parties.
We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
We may disclose personal information in the event of a merger, sale of business, etc.
We require all other Partners, to whom we disclose your personal information, to enter into contracts with us to keep personal information confidential and use it only for the purposes for which we disclose it to such Partners.
We disclose personal information to fulfill the purpose for which you have provided it
We may disclose personal information for any other purpose for which you have provided it.
We may only disclose personal information as described in this Privacy Policy or your consent.
Other Disclosure of Personal Information.
We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply our Terms of Use or Terms of Service and other agreements, including for billing and collection purposes, (iii) if we believe it is necessary or appropriate to protect the rights, property, or safety of SoCalVet Group, our customers or others, and/or (iv) if it is necessary or appropriate to protect the rights, property, or safety of SoCalVet Group, our customers, or others, and this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Third Party Disclosure.
We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website, App, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
Choices Users Have About How SoCalVet Group Uses and Discloses Information.
Tracking Technologies and Advertising. You can set their browser to refuse some or all the browser cookies, but if you disable or refuse cookies, some parts of our Website may not be accessible or function properly.
Disclosure of Users’ Information for Third-Party Advertising. Users can opt-out by emailing us their opt-out request at info@socalvetgroup.com. Users receiving promotional email can opt-out by sending a return email requesting to be omitted from future promotional email distributions. This opt-out will not apply to information provided by SoCalVet Group for product purchases, warranty registration, or other transactions.
GOOGLE ADSENSE AND GOOGLE ANALYTICS
Google, as a third-party vendor, uses Cookies to serve advertisements to Users on our Website, App, and Platform. Google uses first-party Cookies, such as Google Analytics Cookies, to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Platform. We currently use Google Analytics to collect and process certain Website and App usage data. To learn more about Google Analytics and how to opt-out, please visit https://policies.google.com/privacy/google-partners.
We have implemented advertising features on our Website, App, and Platform including: (a) remarketing with Google AdSense; (b) Google Display Network Impression Reporting; (c) Google Demographics and Interests Reporting; and (d) Google’s DoubleClick platform integration.
We use these Cookies to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Website or App.
YOUR CALIFORNIA PRIVACY RIGHTS
SoCalVet Group does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@socalvetgroup.com or write us at SoCalVet Group, 892 6th st. Norco, CA 92860.
Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@socalvetgroup.com or write us at SoCalVet Group, 892 6th st. Norco, CA 92860.
COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)
The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platform are not meant for use by children under the age of 13. Our Website, App, and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@socalvetgroup.com.
IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.
CAN-SPAM ACT OF 2003
The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:
not use false or misleading subjects or email addresses;
identify the email message as an advertisement in some reasonable way;
include the physical address of SoCalVet Group, which is 892 6th st. Norco, CA 92860;
monitor third-party email marketing services for compliance, if one is used;
honor opt-out/unsubscribe requests quickly; and
give an “opt-out” or “unsubscribe” option.
If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@socalvetgroup.com and we will promptly remove you from all future marketing correspondences.
MODIFICATIONS TO OUR PRIVACY POLICY
SoCalVet Group reserves the right, at its sole discretion, to change or modify this Privacy Policy at any time. In the event we modify this Privacy Policy, such modifications shall be binding on you only upon your acceptance of the modified Privacy Policy. We will inform you about the modifications on our Privacy Policy page via email, on our Website, App, or Platform by posting a modified version of the Privacy Policy page, or by a comparable means within a reasonable time period. Your continued use of our Website, App, or Platform shall constitute your consent to such changes.
LIST OF THIRD-PARTY SERVICE PROVIDERS
SoCalVet Group uses the following third-party service providers for the provision of services as detailed under the Terms of Use or Terms of Service, as applicable
Name of Third-Party Service Provider
Contact Information
Amazon Web Services Inc. (North Virginia, US)
Website: https://aws.amazon.com/premiumsupport/knowledge-center/aws-phone-support/
Address: 410 Terry Avenue North, Seattle, WA 98109-5210
Stripe, Inc.
Email: info@stripe.com
Address: 510 Townsend St, San Francisco, CA 94103
DigitalOcean, LLC
Website: https://www.digitalocean.com/company/contact/
Address: 101 6th Avenue, New York, NY 10013
Heroku, Inc.
Website: https://www.heroku.com/contact
Address: 50 Fremont St, Suite 300, San Francisco, California 94105
AWeber Systems, Inc.
Website: https://www.aweber.com/contact.htm
Address: 1100 Manor Drive, Chalfont, Pennsylvania 18914
Mailchimp operated by The Rocket Science Group LLC
Website: https://mailchimp.com/contact/
Address: 675 Ponce de Leon Ave NE, Suite 5000. Atlanta, Georgia 30308
Heartland Payment Systems, LLC
Website: https://www.heartland.us/
Address: 3550 Lenox Rd NE, Suite 3000 Atlanta, GA 30326
Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@socalvetgroup.com.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
SoCalVet Group’s Copyright Agent to receive DMCA Takedown Notices is Harry Nguyen, at privacy@socalvetgroup.com and at SoCalVet Group, Attn: DMCA Notice, 892 6th st. Norco, CA 92860. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by So Cal Vet Group in connection with the written notification and allegation of copyright infringement.
CONTACT US
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
Privacy Officer:Harry Nguyen
Email: privacy@socalvetgroup.com
Address: SoCalVet Group, 892 6th st. Norco, CA 92860
PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF USE OR OUR TERMS OF SERVICE, AS APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, APP, OR PLATFORM.

Question 4

Pet Pit Stop Privacy Policy

Accepted Answer

PET PIT STOP, INC.
PRIVACY POLICY
Last Updated: December 2, 2021
INTRODUCTION
Pet Pit Stop, Inc. (“Pet Pit Stop,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use Pet Pit Stop’s Platform (the “Platform”) through Pet Pit Stop’s website at www.petpitstop.com (the “Website”) or Pet Pit Stop’s mobile application (the “App”).
Pet Pit Stop is committed to protecting the privacy of its Users whose information is collected and stored while using Pet Pit Stop’s Platform through our Website or App.
The capitalized terms have the same meaning as ascribed in our Website Terms of Use, Pet Owner Terms of Service, or Veterinary Services Provider Terms of Service, as applicable, unless otherwise noted here.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE, APP, AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE, APP, AND PLATFORM.
TERRITORIAL RESTRICTION
Our Website, App, and Platform are only available for use and download in the United States. Our Website, App, and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, App, or Platform. If you are a resident of the United States (“US”), the laws of the State of California shall apply. If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website, App, or Platform. You must comply with this Privacy Policy and our Website Terms of Use, Pet Owner Terms of Service, or Veterinary Services Provider Terms of Service, as applicable.
WHAT INFORMATION DO WE COLLECT?
When you register to use our Website, App, or Platform, we collect personal information (also referred to as personally identifiable information or “PII”). For a Pet Owner, such personal information may include your name, online contact information such as your email address or username, phone number, user name or email address combined with password or security question and answer, photographs, and video or audio files containing an image or a voice, and other personal information. For a Veterinary Services Provider, such personal information may your name, address, phone number, primary point of contact, guarantor, veterinary premise license, IP address of server or remote station, user login for CRM for us to use, and other personal information. The information so collected will be stored on our servers. Users are able to change their personal information through their profile or account settings on our Website, App, or Platform.
Account Information. When you register to use our Platform or when you create an account, we will collect your personal information. We may also collect information that does not personally identify you such as your geolocation and your pet’s information, such as your pet’s name, species, breed, birthday, weight, sex, and vaccination and other medical history.
Financial Information. We currently do not collect or store any credit cards or bank information, as we are using a third-party payment processor. However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.
HOW DO WE COLLECT INFORMATION?
We collect personal information from you in the following ways:
At registration on our Website, App, or Platform;
In email, text, and other electronic messages between you and our Website, App, or Platform; and
Through mobile and desktop applications User downloads from our Website, App, or Platform, which provides dedicated non-browser based interaction between you and our Website, App, or Platform.
We collect information from you automatically when you navigate through our Website, App, or Platform in the following ways:
Usage details;
IP addresses; and
Information obtained through browser cookies.
HOW DO WE USE YOUR INFORMATION?
We use the information that you provide to:
Personalize your experience in using our Platform;
Provide you with information, products, or services requested from us;
Present our Website, App, and Platform and their contents to you;
Provide you with notices about account and/or subscription, including expiration and renewal notices;
Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;
Notify you about billing and subscription events;
Notify you about changes to our Website, App, and Platform and any products or services;
Allow you to participate in interactive features on our Website, App, and Platform;
Improve the Website, App, and Platform;
Improve our customer service;
Administer contests, promotions, and surveys or other Website, App, and Platform features;
Process transactions;
Anonymize data and aggregate data for statistics for used internally by us only, unless otherwise used for marketing purposes as described in this Privacy Policy;
Contact you about our products and services that may be of interest;
Contact you about third parties’ goods and services; and
Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section 13, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information related to your product and/or service; and (iv) market to our mailing list or continue to send email to you after the original transaction has occurred.
OUR COOKIE POLICY
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”
We use Cookies on our Website and App to (a) save your preferences, (b) maintain core App functionality (such as authentication and the like), (c) aggregate data about site traffic and system load to access system health (including through Google Analytics), and (d) collect analytics regarding events that break the App or cause errors. You can set your browser to refuse all or some browser Cookies, but it may (i) affect User experience, (ii) turn off some of the features of our site, including preferences and long standing authentication session, and (iii) degrade your experience in terms of caching and speed with regards to data.
HOW DO WE PROTECT INFORMATION WE COLLECT?
Our Website and App receive regular security scans, penetration tests, and vulnerability tests in accordance with commercially reasonable standard. In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access the personal information of Users that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to the personal information of Users that we store and/or process on our Platform and servers. We accept payment by credit card through a third party credit card processor on our behalf. We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, and (d) access our Platform. All data transmitted to and from our App goes through encrypted traffic. Your information will be deleted from our Website, App, and Platform within thirty (30) days of cancellation or termination.
DATA SECURITY MEASURES.
Security Measures. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, App, or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, Platform, or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, App, or Platform.
Fair Information Practice Principles. In the event of a personal data breach, we will notify the User within 24 hours via (i) email and/or (ii) our Platform notification system on our Website and/or App. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
DISCLOSURE OF PERSONAL INFORMATION
There are times when we may share Personal Information that you have shared with us may be shared by Pet Pit Stop with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how Pet Pit Stop may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:
Disclosure of Personal Information.
We may disclose personal information to our subsidiaries and affiliates.
We may disclose personal information to contractors, services providers, and other third parties.
We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
We may disclose personal information in the event of a merger, sale of business, etc.
We require all other Partners, to whom we disclose your personal information, to enter into contracts with us to keep personal information confidential and use it only for the purposes for which we disclose it to such Partners.
We may disclose personal information for any other purpose for which you have provided it.
We may only disclose personal information as described in this Privacy Policy or your consent.
Other Disclosure of Personal Information.
We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply our Website Terms of Use, Pet Owner Terms of Service, or Veterinary Services Provider Terms of Service, as applicable, and other agreements, including for billing and collection purposes, (iii) if we believe it is necessary or appropriate to protect the rights, property, or safety of Pet Pit Stop, our customers or others, and/or (iv) if it is necessary or appropriate to protect the rights, property, or safety of Pet Pit Stop, our customers, or others, and this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Third Party Disclosure.
We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website, App, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We do not provide non-personally identifiable visitor information for marketing purposes.
Choices Users Have About How Pet Pit Stop Uses and Discloses Information.
Tracking Technologies and Advertising. You can set their browser to refuse some or all the browser cookies, but if you disable or refuse cookies, some parts of our Website may not be accessible or function properly.
Disclosure of Users’ Information for Third-Party Advertising. Users can opt-out by emailing us their opt-out request at privacy@petpitstop.com. Users receiving promotional email can opt-out by sending a return email requesting to be omitted from future promotional email distributions. This opt-out will not apply to information provided by Pet Pit Stop for product purchases, warranty registration, or other transactions.
GOOGLE ADSENSE AND GOOGLE ANALYTICS
Google, as a third-party vendor, uses Cookies to serve advertisements to Users on our Website, App, and Platform. Google uses first-party Cookies, such as Google Analytics Cookies, to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Platform. We currently use Google Analytics to collect and process certain Website and App usage data. To learn more about Google Analytics and how to opt-out, please visit https://policies.google.com/privacy/google-partners.
We have implemented advertising features on our Website, App, and Platform including: (a) remarketing with Google AdSense; (b) Google Display Network Impression Reporting; (c) Google Demographics and Interests Reporting; and (d) Google’s DoubleClick platform integration.
We use these Cookies to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Website or App.
YOUR CALIFORNIA PRIVACY RIGHTS
Pet Pit Stop does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@petpitstop.com or write us at Pet Pit Stop, Inc., 892 6th St., Norco, California 92860.
Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@petpitstop.com or write us at Pet Pit Stop, Inc., 892 6th St., Norco, California 92860.
COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)
The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platform are not meant for use by children under the age of 13. Our Website, App, and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@petpitstop.com.
IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.
CAN-SPAM ACT OF 2003
The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:
not use false or misleading subjects or email addresses;
identify the email message as an advertisement in some reasonable way;
include the physical address of Pet Pit Stop, Inc., which is 892 6th St., Norco, California 92860;
monitor third-party email marketing services for compliance, if one is used;
honor opt-out/unsubscribe requests quickly; and
give an “opt-out” or “unsubscribe” option.
If you wish to opt out of email marketing, follow the instructions at the bottom of each email and we will promptly remove you from all future marketing correspondences.
MODIFICATIONS TO OUR PRIVACY POLICY
Pet Pit Stop reserves the right, at its sole discretion, to change or modify this Privacy Policy at any time. In the event we modify this Privacy Policy, such modifications shall be binding on you only upon your acceptance of the modified Privacy Policy. We will inform you about the modifications on our Privacy Policy page via email, on our Website, App, or Platform by posting a modified version of the Privacy Policy page, or by a comparable means within a reasonable time period. Your continued use of our Website, App, or Platform shall constitute your consent to such changes.
LIST OF THIRD-PARTY SERVICE PROVIDERS
Pet Pit Stop uses the following third-party service providers for the provision of services as detailed under our Website Terms of Use, Pet Owner Terms of Service, or Veterinary Services Provider Terms of Service, as applicable
Name of Third-Party Service Provider
Contact Information
Stripe, Inc.
Email: info@stripe.com
Address: 510 Townsend St, San Francisco, California /94103
Heroku, Inc.
Website: https://www.heroku.com/contact
Address: 50 Fremont St, Suite 300, San Francisco, California 94105
Amazon Web Services Inc.
Website: https://aws.amazon.com/premiumsupport/knowledge-center/aws-phone-support/
Address: 410 Terry Avenue North, Seattle, Washington 98109-5210
DigitalOcean, LLC
Website: https://www.digitalocean.com/company/contact/
Address: 101 6th Avenue, New York, New York 10013
AWeber Systems, Inc.
Website: https://www.aweber.com/contact.htm
Address: 1100 Manor Drive, Chalfont, Pennsylvania 18914
Mailchimp operated by The Rocket Science Group LLC
Website: https://mailchimp.com/contact/
Address: 675 Ponce de Leon Ave NE, Suite 5000. Atlanta, Georgia 30308
Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@petpitstop.com.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Pet Pit Stop’s Copyright Agent to receive DMCA Takedown Notices is Nima Shariatian, at info@petpitstop.com or at Pet Pit Stop, Inc., Attn: DMCA Notice, 892 6th St., Norco, California 92860. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Pet Pit Stop in connection with the written notification and allegation of copyright infringement.
CONTACT US
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
Privacy Officer: Nima Shariatian
Email: privacy@petpitstop.com
Address: Pet Pit Stop, Inc., 892 6th St., Norco, California 92860
PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR WEBSITE TERMS OF USE, PET OWNER TERMS OF SERVICE, OR VETERINARY SERVICES PROVIDER TERMS OF SERVICE, AS APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, APP, OR PLATFORM.

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