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Terms of Use
Welcome to Petzam, owned and operated by Petzam, Inc., located at 5000 Mountain Boulevard,
Oakland, California 94619 (“Site”). By using this Site, you have agreed to be bound by the
following terms and conditions (“Terms of Use”). Please read the following 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 Terms of Use also incorporate the 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 this 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.
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Limitation on Services Provided
You are limited on this Site to contact with your regular veterinarian with whom you and your
pet have a valid Veterinarian-Client-Patient Relationship (“VCPR”) (“Regular Veterinarian”). A
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.
This Site is intended to provide visual information to your Regular Veterinarian regarding the
condition of your pet. This Site does not offer telemedicine and is not intended as a replacementfor in-person visits to a veterinarian or your Regular Veterinarian. If you have any doubt
regarding the urgency of the situation with your pet, seek veterinary treatment immediately. The
purpose of this Site is to allow you to communicate with your Regular Veterinarian regarding
your pet. You agree that results cannot be guaranteed. You agree to follow the advice and
recommendations of your Regular Veterinarian as provided on this Site. You further agree to
follow the recommendation of your Regular Veterinarian regarding the need to seek immediate
veterinary treatment for your pet. Advice provided by your Regular Veterinarian on this 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 Site does not provide veterinary services or practice veterinary medicine. All services are
provided directly from your Regular Veterinarian through the services of this Site. The Site is
not liable for any damages allegedly caused by the services provided by your Regular
Veterinarian through this Site.
The streaming communication provided between you and your Regular Veterinarian through this
Site is not stored on the Site or otherwise and is discarded immediately.
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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”).
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Limitations on Rights, Remedies and Use
(a) Disclaimer of Warranties
This Site and any content on the Site are made available on an “AS IS” and “AS AVAILABLE”
basis. You expressly agree that you will use this Site at your own risk. You hereby
acknowledge that Petzam, Inc. does not warrant that the Site or any content or service provided
in connection with the 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 Site or any services or content,
or for computer viruses associated with the operation of the Site. PETZAM, INC. MAKES NO
EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS 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 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 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 Site. To ensure
that Petzam, Inc. provides a high quality experience for you and for other 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 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 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 Site or the service by others.
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Fees and Terms
You agree to pay all fees or charges to your 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 Site with
your credit card number and associated payment information, you agree that the Site is
authorized to immediately invoice your account for all fees and charges due to the Site. You
agree that fees and charges are due and payable immediately and that no additional notice or
consent is required prior to payment. If you have any questions or comments about our services,
please contact the Site at info@petzam.com. The 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.
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Indemnification and Defense
You agree, at your own 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 Site.
For example, the foregoing obligations shall be triggered if a claim relates to:
- your use or someone using your mobile device for use of the Site;
- your use or someone using your account, where applicable;
- a violation of the Terms of Use by you or anyone using your mobile
device (or account, where applicable);
- a claim that any use of the 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;
- any deletions, additions, insertions or alterations to, or any unauthorized
use of, the Site by you or someone using your mobile device (or account,
where applicable);
- any misrepresentations, including false or inaccurate information, or
breach of representation or warranty made by you contained herein; or
- any breach of any covenant or agreement to be performed by you under
these terms and conditions of service.
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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 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 Terms of Use frequently, as we may occasionally unilaterally change the
Terms of Use by revising the language. The most current Terms of Use will always be available
for you. Amendments to the Terms of Use are effective at the time they are posted, and your
continued use of this 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
this Site or any of these Terms of Use. We expressly reserve the right to terminate your right to
use this 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.