1. Terms of Use

   Welcome to Petzam, owned and operated by Petzam, Inc., located at 5000 Mountain Boulevard, Oakland, California 94619 (“Petzam Site”). By using the Petzam Site, you have agreed to be bound by the following terms and conditions. Please read the following Pet Owner/Client Terms of Use carefully as your legal rights are limited or defined herein. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE AND SERVICE.

   You hereby acknowledge that you are authorized and have the capacity to enter this agreement, and agree to its terms without reservation. These Pet Owner/Client Terms of Use also incorporate the Veterinarian Terms and Conditions and Privacy Policy included on this Site.

   This Site is not geared or directed to persons under the age of 18.

   This Site is operated for the benefit of Petzam, Inc., its related entities, and customers. No user of the Petzam Site may use it or its content for any commercial use or purpose, except as otherwise defined by this agreement or Privacy Policy. Any unauthorized use terminates this license.

2. Limitation on Services Provided

   You are limited on the Petzam Site to contact with a veterinarian with whom you have established a valid Veterinarian-Client-Patient Relationship (“VCPR”) regarding the specific pet who is the subject of the contact (“Your Veterinarian”). The valid VCPR cannot be established online, by email or over the telephone. According to the American Veterinary Medical Association (“AVMA”), a valid VCPR requires all of the following:

   • The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the patient and the client has agreed to follow the veterinarian’s instructions.
   • The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is personally acquainted with the keeping and care of the patient by virtue of a timely examination of the patient by the veterinarian, or medically appropriate and timely visits by the veterinarian to the operation where the patient is managed.
   • The veterinarian is readily available for follow-up evaluation or has arranged for the following: veterinary emergency coverage, and continuing care and treatment.
   • The veterinarian provides oversight of treatment, compliance, and outcome.
   • Patient records are maintained.

   The Petzam Site is intended to provide visual information to the veterinarian with whom you have established a VCPR regarding the condition of your pet. The Petzam Site does not offer telemedicine and is not intended as a replacement for in-person visits to a veterinarian. If you have any doubt regarding the urgency of the situation with your pet, seek veterinary treatment immediately. The purpose of the Petzam Site is to allow you to communicate with the veterinarian with whom you have established a VCPR regarding your pet. You agree that results cannot be guaranteed. You agree to follow the advice and recommendations of Your Veterinarian as provided on this Site. You further agree to follow the recommendation of Your Veterinarian regarding the need to seek immediate veterinary treatment for your pet. Advice provided by Your Veterinarian on the Petzam Site should not be construed as a substitute for the treatment by a licensed veterinarian. You should seek the treatment of a veterinarian if you suspect that your pet is suffering from an illness or other physical ailment.

   The Petzam Site does not provide veterinary services or practice veterinary medicine. All services are provided directly from Your Veterinarian through the services of the Petzam Site. The Petzam Site is not liable for any damages allegedly caused by the services provided by Your Veterinarian through the Petzam Site.

   The streaming communication provided between you and Your Veterinarian through the Petzam Site is not stored on the Petzam Site or otherwise and is discarded immediately.

3. Veterinarian Representations

   The veterinarians delivering services through this Site (“Site Veterinarians”) are licensed veterinarians in good standing with the Veterinary Medical Board or equivalent entity in each state in which they are licensed. Site Veterinarians agree to provide accurate information to Petzam, Inc. regarding the status of their veterinary license(s). Site Veterinarians further represent that they abide by all the statutes and regulations in the veterinary medicine practice act in your state (“Act”) and the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (“AVMA”).

4. Limitations on Rights, Remedies and Use

   (a) Disclaimer of Warranties

   This Petzam Site and any content on the Petzam Site are made available on an “AS IS” and “AS AVAILABLE” basis. You expressly agree that you will use this Petzam Site at your own risk. You hereby acknowledge that Petzam, Inc. does not warrant that the Petzam Site or any content or service provided in connection with the Petzam Site will be timely, error-free, uninterrupted, secure, or that defects will be corrected.

   You agree that Petzam, Inc. will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the Petzam Site or any services or content, or for computer viruses associated with the operation of the Petzam Site. PETZAM, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS PETZAM SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILTY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PETZAM SITE IS AT YOUR OWN RISK.

   (b) Limitation of Liability

   YOU AGREE THAT PETZAM, INC.’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PETZAM, INC. BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PETZAM SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PETZAM, INC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

   (c) Alleged Violations

   Petzam, Inc. reserves the right to terminate your use of the service and/or the Petzam Site. To ensure that Petzam, Inc. provides a high quality experience for you and for other Petzam Site users, you agree that Petzam, Inc. or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations or abuse, infringement of third party rights, or other unauthorized uses of the Petzam Site. Petzam, Inc. does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Petzam, Inc. reserves the right to terminate your account or your access to the Petzam Site immediately, with or without notice to you, and without liability to you, if Petzam, Inc. believes that you or your agents have violated any Terms of Use or Privacy Policy provisions, furnished Petzam, Inc. with false or misleading information, or interfered with use of the Petzam Site or the service by others.

5. Fees and Terms

   Pet Owner/Client agrees to pay all fees or charges to their account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due or payable. By providing the Petzam Site with credit card number and associated payment information, Pet Owner/Client agrees that the Petzam Site is authorized to immediately invoice Pet Owner/Client account for all fees and charges due to the Petzam Site. Pet Owner/Client agrees that fees and charges are due and payable immediately and that no additional notice or consent is required prior to payment. If Pet Owner/Client has any questions or comments about our services, please contact the Petzam Site at info@petzam.com. The Petzam Site has devoted considerable effort to optimize signal strength and is not responsible for Internet or data bandwidth or the signal of your mobile device.

6. Indemnification and Defense

   Pet Owner/Client agrees, at their expense, to indemnify, defend and hold harmless Petzam, Inc. and related parties against any claim, suit, action or other proceeding brought against Petzam, Inc. and related parties, by a third party, to the extent that such claim, suit, action or other proceeding brought against Petzam, Inc. and related parties is based on or arises from your use of this Petzam Site. For example, the foregoing obligations shall be triggered if a claim relates to:

   1. your use or someone using your mobile device for use of the Petzam Site;
   2. your use or someone using your account, where applicable;
   3. a violation of the Terms of Use by you or anyone using your mobile device (or account, where applicable);
   4. a claim that any use of the Petzam Site by you or someone using your mobile device (or account, where applicable) infringes on any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
   5. any deletions, additions, insertions or alterations to, or any unauthorized use of, the Petzam Site by you or someone using your mobile device (or account, where applicable);
   6. any misrepresentations, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or
   7. any breach of any covenant or agreement to be performed by you under these terms and conditions of service.

7. Miscellaneous Terms

   (a) Governing Law

   These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California, USA in all disputes arising out of or related to the use of the Petzam Site or service.

   (b) Severability Waiver

   If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected an in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

   (c) Changes

   Please check these Pet Owner/Client Terms of Use frequently, as we may revise the language and amend the terms of use. The most current Pet Owner/Client Terms of Use will always be available for you. Amendments to the Pet Owner/Client Terms of Use are effective at the time they are posted, and your continued use of this Petzam Site will constitute your acceptance of such amendments.

   (d) Reservations

   You acknowledge and agree that we reserve the right to modify or discontinue any component of the Petzam Site or any of these Pet Owner/Client Terms of Use. We expressly reserve the right to terminate your right to use the Petzam Site. Petzam, Inc. may elect to electronically monitor the use submit areas and may disclose the content, records, or electronic communication of any kind 1) to satisfy any law, regulation or government request, 2) if such disclosure is necessary or appropriate to operate Petzam, Inc. Site, or 3) to protect the rights of or property of individual users, Petzam, Inc. or its affiliates, directors, officers, employees or other representatives.

Rev. 09/13/17