This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.FetchPetCard.com (“Fetch PetCard”), as owned and operated by Medical Concepts,llc, a Kansas LLC Corporation. By using FetchPetCard.com you agree to be bound by the terms and conditions of this Agreement and FetchPetCard.com’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).
Accepting the Terms
By using the information, tools, software, features and functionality including content, updates and new releases located on FetchPatCard.com (together the “Service”), you agree to be bound by this Agreement as a registered “Member”. The term “you” or “User” refers to a Member. The term “we” refers to Medical Concepts,llc and FetchPetCard.com. If you wish to become a Member, communicate with other Members and make use of the Service, you must read and accept the terms of this Agreement during Registration.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
For information about MedicalConcepts,llc’s data protection practices, please read FetchPetCard.com’s Privacy and Security Policy which is hereby incorporated into this Agreement. This policy explains how MedicalConcepts,llc treats your personal information when you access FetchPetCard.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a personal health information management service for pets that allows Members to consolidate and track their pets’ health information on FetchPetCard.com. The Service is provided to you by MedicalConcepts, llc and is meant as an aid to assist you in organizing and managing your pet’s health information. It is not intended to provide medical advice.
Patient Information from Third Party Sites
With the Service, Members may direct MedicalConcepts,llc to retrieve their pet’s information maintained online or physically by third-party veterinary care providers with which they have a Veterinarian-Client-Patient Relationship. MedicalConcepts,llc makes no effort to review the VCPR Information for any purpose, including but not limited to accuracy, legality or non-infringement. MedicalConcepts,llc is not responsible for the products and services offered by or on third-party sites.
MedicalConcepts,llc cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. MedicalConcepts,llc cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify MedicalConcepts, llc immediately at the email address – Jnelson@MedicalConcepts-llc.com.
Your Use of the Service
Your right to access and use FetchPetCard.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use FetchPetCard.com for lawful purposes.
You must provide true, accurate, current and complete VCPR Information, as requested in our setup forms, and you may not misrepresent your Registration Information or pet profile descriptions. In order for the Service to function effectively, you must keep your VCPR Information and Registration Information up to date and accurate. Your access and use of FetchPetCard.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of FetchPetCard.com or MedicalConcepts-llc.com, or other actions that MedicalConcepts,llc, in its sole discretion, may elect to take, and MedicalConcepts,llc is not responsible for any outcomes as expanded in the following Liability and Indemnification sections of this Agreement.
Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. MedicalConcepts,llc makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
Online and Mobile Alerts
MedicalConcepts,llc may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Fetch PetCard account. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you.
Electronic alerts will be sent to the email address register with. If your email address changes, you are responsible for informing us of that change. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your FetchPetCard.com Login ID and some general information about your account.
You understand and agree that MedicalConcepts,llc shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. We do not guarantee the delivery nor the accuracy of the content of any alert.
Rights You Grant to Us
By submitting login information, materials, and other information content to MedicalConcepts,llc through the Service, you are licensing that content to MedicalConcepts,llc and we may use and store the content solely for the purpose of providing the Service. By submitting this content to MedicalConcepts,llc, you represent that you are entitled to submit it to MedicalConcepts,llc for use for this purpose, without any obligation by MedicalConcepts,llc to pay any fees or other limitations.
By using the Service, you expressly authorize MedicalConcepts,llc to access your VCPR Information maintained by identified third parties, on your behalf as your agent. Either MedicalConcepts,llc or your identified third party will have the authority to enter the information you request for “Vaccination Records” onto your profile and storage database. You hereby authorize and permit MedicalConcepts,llc to use and store information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service. For purposes of this Agreement and solely to provide the Pet Information to you as part of the Service, you grant MedicalConcepts,llc a limited power of attorney, and appoint MedicalConcepts,llc as your attorney-in-fact and agent, to access third party records, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when MedicalConcepts,llc is accessing and retrieving Pet Information from designated third parties, MedicalConcepts,llc is acting as your agent, and not as the agent of or on behalf of the third party. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
MedicalConcepts,llc’s Intellectual Property Rights
The contents of FetchPetCard.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States laws and other copyright, trademark, and otherwise applicable laws. The contents of FetchPetCard.com belong or are licensed to MedicalConcepts,llc or its software or content suppliers. MedicalConcepts,llc grants you the right to view and use FetchPetCard.com subject to these terms.
You agree that MedicalConcepts,llc may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant MedicalConcepts,llc a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to MedicalConcepts,llc in any way. MedicalConcepts,llc will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Access and Interference
You agree that you will not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of FetchPetCard.com or the Service; or attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of FetchPetCard.com or the Service.
Social Media Sites
MedicalConcepts,llc and FetchPetCard.com may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Disclaimer of Representations and Warranties
The content and all services on FetchPetCard.com or provided through the Service are provided to you on an “as-is” basis. MedicalConcepts,llc makes no representations or warranties of any kind, express, or implied, regarding the accuracy, reliability, or completeness of the content on FetchPetCard.com, or the operation of FetchPetCard.com or the Service. You expressly agree that your use of the service is at your sole risk.
MedicalConcepts,llc expressly disclaims any warranties of non-infringement or fitness for a particular purpose. MedicalConcepts,llc makes no representation, warranty, or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
Not Medical Advice
NEITHER MedicalConcepts,llc NOR the Service FetchPetCard.com IS INTENDED TO PROVIDE MEDICAL ADVICE. The Service is intended only to assist you in viewing and organizing your Pet’s health information. Your Pet’s health situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any health decisions, you should consult your veterinarian.
Limitations on MedicalConcepts,llc’s Liability
MedicalConcepts,llc shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from FetchPetCard.com, your use of the service or this agreement, even if MedicalConcepts,llc has been advised of the possibility of such damages.
Your Indemnification of MedicalConcepts,llc
You hereby expressly and irrevocably release and forever discharge MedicalConcepts,llc and FetchPetCard.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless MedicalConcepts,llc, FetchPetCard.com, and the above listed affiliates from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or FetchPetCard.com Username and password, (iv) any violation of any rights of a third party.
Ending your relationship with MedicalConcepts,llc
This Agreement will continue to apply until terminated by either you or MedicalConcepts,llc as set out below. If you want to terminate your legal agreement with MedicalConcepts,llc, you may do so by closing your account for the Service.
MedicalConcepts,llc may at any time, terminate its legal agreement with you: (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if MedicalConcepts,llc in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (iii) immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Modifications
MedicalConcepts,llc may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the FetchPetCard.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if MedicalConcepts,llc does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which MedicalConcepts,llc has the benefit of under any applicable law), this will not be taken to be a formal waiver of MedicalConcepts,llc’s rights and that those rights or remedies will still be available to MedicalConcepts,llc.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and MedicalConcepts,llc and FetchPetCard.com regarding the subject matter of the same, and supersedes all other previous agreements.