Terms of Service:
Effective Date: April 17th, 2019
Welcome to Petline.com. This website (the “Site”) and the Petline mobile device applications (the “Apps”) are owned and operated by Petline, Inc. (“Petline,” “we,” “us” or “our”). Through the Site and Apps, Petline provides our registered users (“Users”) with various pet care services (“User Services”) to help them better love, protect and care for their pets. Meanwhile, our Site and Apps also have public portions that allow visitors to the Site and Apps to learn about Petline and the User Services provided by Petline.
The Site, the Apps, the User Services, and any other services that we may provide on, through, or from the Site and Apps now or at a later time are collectively referred to as the “Services.” Except as otherwise specified in Section 14 (User Terms) below, all visitors to the Site and Apps, including our Users, are collectively referred to as the “Users,” “you,” or “your.”
1. Acceptance of Terms
2. Our Services
The Petline Site and Apps are designed to be online service platforms to provide Users with general information about Petline and may include providing our Users with access to: (i) a dedicated customer service team that provides Users onboarding, ticket processing and routing, research and referral, emergency coordination, and other User assistance and services; and (ii) a group of pet service providers, including veterinarians, nutritionists, animal behaviorists, groomers, and other specialists (collectively, “Pet Specialists”) that are available to respond to Users questions and concerns about their pets’ well-being.
Our Services DO NOT intend to replace your existing relationships with your pet(s)’ primary care veterinarian and other pet specialists; they are intended only to supplement those relationships and should never be considered as a substitute for direct, regular veterinarian care and services. Our Pet Specialists only provide general, non-emergency, and non-diagnostic advice to Members, and there is no veterinarian-client-patient relationship being created when you use the Services.
The content available on the Site and Apps ("Petline Content") is for informational purposes only. The Petline Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Do not use the Petline Content instead of seeking advice from your veterinarian or delay in seeking your veterinarian’s advice because of any Petline Content. Petline also does not endorse any specific veterinarians, services, products, procedures, opinions, or other information that may be mentioned on the Site or Apps.
You acknowledge and agree that (i) your use of the Services is voluntary; and (ii) your use of the Services and reliance on any information provided by Petline, Petline employees, Petline’s customer service team, Petline’s Pet Specialists, others appearing on the Site or Apps, or other Users (“Information”) are at your sole and exclusive risk. PETLINE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE PETLINE AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “PETLINE PARTIES”) FROM, ANY INJURY, ILLNESS, DAMAGE, OR LOSS TO YOU OR YOUR PET(S) THAT MAY RESULT FROM, OR RELATED TO, YOUR USE OF THE SERVICES AND RELIANCE ON ANY INFORMATION.
3. Use of the Services
Subject to these Terms, we grant you permission to access and use the Services for personal, non-commercial uses only and solely to the extent appropriate for your User status (e.g., only Users have permission to access and use the User Services). Use of our Services does not give you ownership of any intellectual property rights in our Services or any Petline Content you access in relation to our Services. Your use of the Services must be in accordance with all applicable laws and regulations and these Terms. Your permission to use the Services shall automatically terminate if you violate any of these Terms. To protect Users, we reserve the right to suspend or terminate your use of any of our Services with or without notice at any time in our sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Services after such suspension or termination.
You agree not to, and not to permit or encourage others to, do any of the following:
- attempt to gain unauthorized access to other Users’ accounts or to the Services;
- restrict or inhibit any other User from using and enjoying the Services;
- defame, harass, stalk, threaten, harm, or otherwise violate the legal rights of others;
- attempt to modify, decompile, or reverse engineer any software contained in the Services;
- violate or attempt to violate any security features of the Services;
- upload or distribute viruses, worms, Trojan horses, time bombs, spiders, or any other similar software, malware, or materials that may damage, interfere with, or overburden the Services;
- use data mining, robots, or similar data gathering and extraction tools;
- reproduce, duplicate, copy, sell, re-sell, or exploit any information, materials, or content obtained from the Services for any purpose;
- use the Services or engage with other Users in any manner that violates applicable laws or regulations; or
- otherwise, violate these Terms.
4. User Content
“User Content” is defined as any content, information, messages, photos, and/or materials that Users post or submit to the Services, including, but not limited to, your profile information, reviews, messages posted on community forums or sent to other Users. You agree and warrant that you will not provide any User Content that: (a) is illegal, profane, obscene, threatening, or defamatory; (b) is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to others or objectionable; and (c) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You retain all intellectual property rights in and are solely responsible for, the User Content you provide.
To the extent that you provide User Content, you grant Petline a fully-transferable, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, sell, monetize, and otherwise use the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content and you have all rights necessary to provide the User Content to us and to grant the license described above. In addition, you will indemnify us for all claims resulting from the User Content you supply.
Please understand that Petline has no control over the accuracy, reliability, completeness or timeliness of any User Content, and makes no representations about any User Content. We have the right, but not the obligation, to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
5. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PETLINE PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE PETLINE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE FOLLOWING: (I) THAT YOUR ACCESS TO THE SERVICES WILL BE RELIABLE, UNINTERRUPTED, OR ERROR-FREE; (II) THAT THE SERVICES WILL BE FREE OF VIRUSES AND MALWARE; (III) THAT THE INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, TRUE, OR TIMELY; (IV) THE CONDUCT OF ANY USERS ONLINE OR OFFLINE; (V) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE, OR MISAPPROPRIATION OF ANY USER ACCOUNT, CONTENT OR INFORMATION; (VI) YOUR USE OF THE PET SPECIALISTS, ANY THIRD-PARTY SERVICES OR PRODUCTS, OR ANY THIRD-PARTY SITES LINKED TO FROM OUR SERVICES; AND (VII) ANY USER CONTENT.
6. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PETLINE PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR INFORMATION; OR (C) YOUR INTERACTIONS WITH THE PET SPECIALISTS, OTHER USERS, OR THIRD-PARTY SERVICE OR PRODUCT PROVIDERS, WHETHER ONLINE OR OFFLINE. THE ABOVE LIMITATIONS APPLY EVEN IF THE PETLINE PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to indemnify, defend, and hold harmless the Petline Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party arising out of or related to: (a) your use or misuse of, or inability to use, the Services; (b) your violation of any of these Terms; (c) your violation of any law or rights of any third party; (d) your interactions with or conduct towards any other Users, or (e) any User Content provided by you, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
8. Links to Third-Party Sites
For informational purposes only, we may provide links to third-party sites. Petline is not responsible for the content of or services provided by any such linked site. The inclusion of any link does not imply endorsement by Petline of the site. Use of any such linked site is at your own risk.
9. Changes and Termination of The Services
We are constantly looking to improve our Services. We may add or remove content, functions, features, or requirements, and we may suspend or stop a Service altogether. We also reserve the right to terminate your use of any Service for any reason at any time.
10. Changes of Terms; Severability
Petline reserves the right to revise these Terms at our sole discretion at any time. Any changes are effective immediately upon posting. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after posting of such changes, with or without notification, constitutes your agreement to the revised Terms. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
11. Governing Law and Dispute Resolution
Any claim relating to the Services shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. Any legal action or proceeding to enforce, construe, or otherwise concerning these Terms will be brought exclusively in the state or federal courts located in King County in the State of Washington, and you agree to irrevocably submit to the exclusive jurisdiction and venue of those courts in any such action or proceeding.
IN ADDITION, WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, the Apps, or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Digital Millennium Copyright Act
- If you are a copyright owner or an agent of a copyright owner and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed upon;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may direct copyright infringement notifications to the U.S. Patents and Copyright Office. You acknowledge that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.
14.0 User Terms
In addition to Sections 1 through 13 above, users are also subject to the terms and conditions set forth in this Section 14. For the sole purpose of this section 14, the term “you” or “your” refers to Users only.
Petline offers an array of plan options, including an “unlimited plan, a single use plan, a free plan and other plan options that Petline may make available to eligible individuals or entities from time to time in its sole discretion. Unless expressly authorized by Petline, plans are not transferable and fees are non-refundable.
14.2 User Benefits
Users of Petline are currently eligible to enjoy the following services and benefits (the “User Benefits”):
- Pet Specialists Service. As a User you are eligible to receive assistance from our Pet Specialists for your questions about your pet(s) via phone, chat, text, email, or any other method that Petline may make available to Users in its sole discretion. Please note that our Pet Specialists only provide advice on general, non-emergency questions about your pet(s) and do not provide face-to-face veterinary diagnosis or treatment or prescribe any medication for your pet(s). Depending on the question, our Pet Specialists may suggest you seek further treatment or care from a veterinarian or other pet care providers. You acknowledge and agree that your use of our services does not cover any costs you may incur for any office visits to veterinarians or other pet care providers, or for any treatments, tests, medications, or other related expenses, and you are fully responsible for such costs.
- Referral Service. Upon your request, Petline may provide referrals for providers of pet services or products in your area for your information and convenience. Please note that our referrals are based solely on publicly available information such as a business’ rating and customer reviews. We are in no way affiliated with or have any control over these providers and cannot guarantee the quality of their services or products. Please always exercise caution and conduct independent verification before working or transacting with such providers. Petline hereby expressly disclaims, and you hereby expressly release the Petline Parties from, any and all liabilities arising from, or in any way related to, your interaction with such providers, or any services or products provided by them.
- Emergency Coordination. As a User, you are eligible to receive help from a 24/7 emergency coordination team ready to guide you when your pet(s) become suddenly ill or injured. Petline’s emergency coordination team will do things like, but not limited too, coordinate with your listed emergency contacts, contact the pet(s)’ primary veterinarian or an emergency veterinarian in your area, direct you to the nearest after-hours, urgent care, or emergency pet clinics or hospitals, provide you with the information needed regarding best steps to take. Our team will assess what abilities we have to help you and your pet(s) to ensure the best outcome possible.
- Customer Service. As a User, you are welcome to contact our customer service team who can assist you with a wide range of matters, such as onboarding Users, providing Users with basic information surrounding their pet(s)’ health, directing Users to the appropriate team or Pet Specialists for further help, and assisting Users with other general questions.
14.3 User Account and Security
14.4 User Fees and Payment Terms
User Fees. By signing up for a plan, you understand and agree that you are committed to The Company’s subscription program and are responsible for the User fees for the term you have agreed too. You also understand and agree to the following:
- The User fees are based on the type of plan you select.
- The plan is subject to change at any time in Petline’s sole discretion, and we will take reasonable steps to notify you of such changes that may be applicable to your plan.
- Petline will charge the Payment Card (defined below) when you first sign up and on a monthly basis thereafter until your membership is canceled or terminated in accordance with these Terms.
- Plan fees are non-refundable and non-waivable. If your plan is canceled or terminated before the end of its term you are not entitled to a reimbursement of any amount. You may, however, transfer the remaining time left on your plan to another party.
- We will collect applicable taxes from you associated with the plan fees or any other charges which we determine we have a duty to collect under applicable law.
Payment Processing Providers. We use third-party payment processors including ReCharge Payments, BOLD Commerce, and Stripe as payment processors to help facilitate and process User's payments. By agreeing to these Terms, Users also agree that Petline assumes no liability or responsibility for any payments you may make through these services.
Payment Cards. You may use (i) Visa®, MasterCard®, or American Express® credit cards; (ii) Visa or MasterCard check cards. Any such credit or check card shall be referred to as the “Payment Card.” You hereby authorize Petline to (i) place a pending charge to your Payment Card when you sign up for any membership prior to each subsequent periodic charge for your plan; (ii) charge your Payment Card every month for the User fees; and (iii) charge your Payment Card for any other charges you may incur associated with your plan, if applicable. Cash or check is not an acceptable payment method for billings.
Fees Relating to Your Payment Card. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank, or financial institution, including, but not limited to, plan fees, overdraft, insufficient funds, and over the credit limit fees.
Inability to Charge Your Payment Card. If your Payment Card does not accept charges for any plan fee for any reason (e.g., expired or suspended), your plan will be immediately suspended until the payment is collected. You must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information to Petline. For the 10 days immediately following the suspension day (the “Rectification Period”), Petline may attempt to charge the existing Payment Card or the new Payment Card (in the event that you have provided Petline with new Payment Card information) the unpaid plan fee. Please note that service charges may occur for any fees owed to Petline in arrears, which will be collected in accordance with applicable laws.
If Petline is able to charge your Payment Card and any past due User fees are paid in full during the Rectification Period, then (i) your membership will continue uninterrupted; (ii) the Payment Card that Petline is able to charge will be used to charge the membership and other applicable fees for each consecutive billing period (your original recurring billing date will still apply) until your plan is canceled or terminated; and (iii) this Payment Card will be your Payment Card on your account for all purposes, including, without limitation, for charging you any unpaid amount that you owe Petline upon cancellation or termination of your plan.
If Petline is unable to charge your Payment Card during the Rectification Period, Petline will terminate your plan and you will not be able to use your User Benefits any longer. You will not receive a refund on any amounts paid regardless of the length of the remaining time of your membership, and you will remain fully responsible for any other charges against your account.
In addition to the above, if a User defaults on any payment due to Petline, Petline may declare all or any of the future payments to be made under these Terms immediately due and payable and also reserves the right to use other actions and remedies.
Payment Card Account Updating Services. From time to time, Petline may avail itself of account updating services provided by the Payment Card industry, including, without limitation, Visa’s Account Updater program, or MasterCard’s Automatic Billing Update program. By enrolling in an annual membership, you hereby agree and authorize Petline to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.
14.5 Suspension or Termination by Petline; Cancellation by Users
Suspension or Termination by Petline. Petline may suspend or terminate your membership at any time for any breach of these Terms or for any other reason by giving you written or oral notice of such suspension or termination.
Upon suspension, termination or cancellation, you will not receive a refund on any amounts already paid under any type of plan, and you will remain liable for any other unpaid fees or charges.
Users looking to reinstate their previous plan with Petline will be subjected to a reinstatement fee. This fee will be processed to the payment
14.6 Hours of Operation
From time to time, Petline may make reasonable changes to the days and hours that our Services are available to Users. You also understand that Petline may be busier at some times than others and the response time may be longer than usual in certain circumstances.