This document sets forth the Terms and Conditions for use of the site operated by Petzam, Inc. (“Petzam Site”) by veterinarians. You hereby acknowledge and agree to the Veterinarian Terms and Conditions for Petzam. You further specifically agree that you are responsible for any and all risks, including injury to property, of any and all Pet Owner/Clients using the Petzam Site for the purpose of contacting a veterinarian with whom they have established a Veterinarian-Client- Patient- Relationship (“VCPR”). You also hereby expressly acknowledge and agree to defend and indemnify Petzam, Inc. and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your participation in the site to the full extent authorized by law.

1. Ability to Contract

   You agree that you are in a condition to agree to be legally bound by these terms and conditions.

2. Your Acceptance

   Petzam conditions the use of the Petzam Site on acceptance of the following terms: (1) the Veterinarian Terms and Conditions, as set forth below; (2) the Pet Owner/Client Terms of Use which can be found here; and (3) Petzam’s Privacy Policy, which can be found here. If you do not agree with all of these terms, do not use the Site as they are expressly required for any such use. Your use of the Site shall constitute an acceptance of the Veterinarian Terms and Conditions, the Pet Owner/Client Terms of Use and the Privacy Policy.

3. Account

   In order to participate in the Petzam Site, you must create an account. When creating your account, you agree to provide complete and accurate information. You shall be responsible for maintaining the secrecy of your username and password, and Petzam accepts no responsibility for unauthorized use of the same. You agree not to use any username or password not belonging to you.

4. Fees for Service

   Pet Owner/Clients will pay a fee for service following the video contact with their veterinarian. Pet Owner/Clients will be charged a fee based on your hourly rate per 15-minute segments. Pet Owner/Clients will pay Petzam directly. Petzam will charge a transaction fee equal to 10 % of the amount charged to the Pet Owner/Client. Petzam agrees to compensate veterinarians monthly the fees paid by Pet Owner/Clients minus the Petzam transaction fee.

5. Code of Conduct

   You agree to abide by all applicable laws and regulations, including the requirement that you hold a valid, unexpired license to practice veterinary medicine in good standing in each state in which you practice veterinary medicine. You agree to abide by all statutes and regulations in the veterinary medicine practice act in your state (“Act”) and to comply with all statutes, regulations, and guidelines related to the practice of veterinary medicine including the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (“AVMA”). You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others’ rights, including intellectual property rights. You agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by Petzam.

6. Veterinarian-Pet Owner/Client-Patient Relationship

   You agree to accept calls ONLY from Pet Owner/Clients with whom you have established a VCPR for the specific pet that is the subject of the call. A valid VCPR cannot be established online, by email or over the telephone. According to the 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 Pet Owner/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 requirements of a valid VCPR may vary state to state. You agree that you will only accept calls from Pet Owner/Clients with whom you have established a valid VCPR as required in your state.

   The Petzam Site is intended to provide visual information to you regarding the condition of the pet. The Petzam Site does not offer telemedicine and is not intended as a replacement for in-person visits to your facility by the Pet Owner/Client. If you have any doubt regarding the urgency of the situation with the Pet Owner/Client’s pet, instruct the Pet Owner/Client to seek veterinary treatment immediately. The purpose of the Petzam Site is to allow you to communicate with your Pet Owner/Clients regarding their pets. The VCPR for the specific pet that is the subject of the video contact must have been established within a reasonable time considering the specific condition of the pet but in no case more than a year prior to your participation in a Petzam call with the Pet Owner/Client.

7. Intellectual Property

   All photographs or images provided to you from your Pet Owner/Clients are confidential information and must be kept private, confidential and not republished for any purpose. Any information maintained by you as a result of contact with your Pet Owner/Clients on this Petzam Site must be kept in a manner consistent with the statutes and regulations regarding maintenance of medical records as set forth in the Act.

   All content on this Petzam Site, including but not limited to images, text, code, graphical designs, and logos are the sole property of Petzam. Unauthorized use, reproduction, distribution, display, or creation of derivative materials is prohibited and could subject you to civil and/or criminal liability. Your use of the Petzam Site does not create any interest in the intellectual property of Petzam. You agree that you will not use the Petzam Site for any purpose other than the use described above, and have no authority to use the content of the Petzam Site, including Petzam’s trademarks and copyrighted materials, for any purpose other than those expressly provided by Petzam.

8. Modifications

   Petzam reserves the right to change the Veterinarian Terms and Conditions, its Pet Owner/Client Terms of Use and Privacy Policy at any time. Petzam agrees to provide notice of changes to veterinarians within a reasonable time. However, it is your responsibility to review this document regularly to ensure that you agree to the latest version of the Veterinarian Terms and Conditions.

9. Termination of Account

   Petzam has the exclusive right to terminate your account for any reason, at any time. It may also include the termination of the ability to participate in the Petzam Site.

10. No Warranty

    You agree that your use of the Petzam Site shall be at your sole risk. To the fullest extent permitted by law, Petzam, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Petzam Site and your use thereof. Petzam makes no warranties or representations about the accuracy or completeness of this Petzam Site’s content, the content of any sites linked to this Petzam Site, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, or any nature whatsoever, resulting from your access to and use of our Petzam Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Petzam Site, (v) any bugs, viruses, or the like that may be transmitted to or through our Petzam Site by any third party, (vi) any injuries, problems, or other adverse reactions that may result from performing or utilizing any exercises, trainers, or information on the Petzam Site, and/or (vii) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Petzam Site.

11. Limitation of Liability

    In no event shall Petzam or its representatives or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, use of, and/or use of any information from, our Petzam Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transportation to or from our Petzam Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Petzam Site by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Petzam Site. Such limitation shall apply to the fullest extent authorized by the law of the governing jurisdiction.

12. Indemnity

    You agree that you will defend and indemnify Petzam and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your use of the Petzam Site to the full extent authorized by law. Such indemnity shall include the payment of attorneys’ fees to Petzam’s counsel of choice for defense of said claim. This obligation continues and will not be terminated if you cease using the Petzam Site.

13. Miscellaneous Terms

    (a) Governing Law

    These Veterinarian Terms and Conditions 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 Veterinarian Terms and Conditions 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 Veterinarian Terms and Conditions 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 Veterinarian Terms and Conditions frequently, as we may occasionally revise the Veterinarian Terms and Conditions. The most current Veterinarian Terms and Conditions will be available on the Petzam Site. Amendments to the Veterinarian Terms and Conditions 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 this Petzam Site or any of these Veterinarian Terms and Conditions. We expressly reserve the right to terminate your right to use this 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., 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