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A New Approach
to Pet Care

A New Approach to Pet Care

You shop online. You bank online.
Now you can manage your pet's health online.


Activ4Pets collects your pet's entire
health history
to make it available
anytime, anywhere.

It's perfect for when you're at the groomers, boarders, while
traveling or in an emergency. We also provide e-Consultations
and Second Opinions for a full suite of Health solutions.


Terms & Conditions

This Terms and Conditions of Service statement is a binding agreement between you and those individuals included in your account who will be using this Site (collectively, “you”, “your” or “End User”), and ACTIV4VETS, the owner and administrator of http://www.activ4vets.com (the “Site”). ACTIV4VETS shall provide Staffing services and peer-to-peer second medical opinion services, as defined on this site, to the end user. These terms and conditions, as well as any additional terms, conditions and covenants referenced in anyAgreement (collectively, these “Terms”, “Terms and Conditions”or, collectively, “the Agreement”), govern the use of and access to the Site and any of the services offered on the Site.

REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY SERVICE THROUGH THE SITE.

ACCEPTANCE OF TERMS AND CONDITIONS

Through any use of the Site, you accept, without limitation or qualification, these Terms and Conditions of Service and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to be bound by these Terms and Conditions and the Privacy Policy, you should exit the Site immediately. By accessing, using or ordering services through the Site, you affirm that you have read this Agreement and understand, agree, and consent to all the terms contained herein.

CHANGES AND MODIFICATION TO THESE TERMS AND CONDITIONS OF SERVICE

ACTIV4VETS reserves the right, at its sole discretion, to change, modify, add, or remove these Terms and Conditions (or any portion thereof) and its other policies and agreements related to the Site at any time and in any manner, including the Privacy Policy, without prior notice. Your use of the Site after any changes are made signifies your acceptance to be bound by these Terms and Conditions and the Privacy Policy as they exist at that time. Your use of this Site or any of ACTIV4VETS’ Services will be conditioned upon the Terms and Conditions of Service in force at the time of use. You can always review the most current version of these Terms and Conditions on this web page. ACTIV4VETS does not assume any obligation to provide you with notice of any change to these Terms and Conditions. These Terms and Conditions may not be amended by you under any circumstances, either orally or in writing.

USING THE SERVICE

You have elected to utilize the Site. ACTIV4VETS offers certain services for sale (collectively, the “Services”) on the Site. ACTIV4VETS reserves the right to modify the prices or other Terms charged for these Services, or to add or remove any Service from the Site, at any time without prior notice to you. Price changes shall not apply to services purchased prior to the price change.

CANCELLATION FEES

User shall pay to ACTIV4VETS fees for services described in this ACTIV4VETS Site for the particular Service(s) you wish to purchase. The compensation payable to ACTIV4VETS shall be due upon registration, and is non-refundable. Notwithstanding the foregoing, you shall have the right to cancel the services anytime and obtain full refund, unless cancellation occurs in short notice and therefore it would be non-refundable and a penalty payable to Activ4Vets would apply in such cases.

CANCELLATION POLICY

If you wish to cancel a service, it must be done by sending an email to support@activ4vets.com at least two weeks in advance. You will be asked to agree to this cancellation policy prior to proceeding with the service.

If you cancel the service with a short notice, the fee shall be non-refundable and a penalty should apply payable to activ4vets.

ACTIV4VETS may terminate the Agreement (i) if you commit a material breach of these Terms and Conditions and fail to remedy that breach within thirty (30) days of receipt of a written notice of such material breach, or (ii) if you fail to pay an invoice when due.

You may terminate the Agreement (with no penalty) if ACTIV4VETS commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice of material breach.

SERVICES

ACTIV4VETS makes available to each Veterinarian practice as end user and their pet’s attending veterinarian medical opinion services to better understand and assess pets medical conditionand relief services to assist veterinarians. ACTIV4VETS arranges for you to receive a Veterinarian Relief services, as defined below, from one or more contracted veterinarians (the “Veterinarians”) licensed to practice medicine in the state, territory, or foreign country of residence of the end user. ACTIV4VETS arranges for you to receive a Second Medical Opinion or Peer to Peer Consultations (“SMO”), as defined below, from one or more contracted veterinarians (the “Veterinarians”) licensed to practice medicine in the state, territory, or foreign country of residence of the end user.

Relief Services

ACTIV4VETS makes available to its end Users,Veterinary Relief services from a veterinarian under contract with ACTIV4VETS. Services would be provided through “off-line”in-person licensed Veterinarians or through “on-line” virtual veterinarian visits on Activ4Vets internet platform.

ACTIV4VETS abides by all applicable state regulations in providingthese Services.

ACTIV4VETS does not recommend or endorse any specific tests, veterinarians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by ACTIV4VETS, ACTIV4VETS employees or contractors, or other visitors to the Site is solely at your own risk.

PEER TO PEER CONSULTATION OR SECOND MEDICAL OPINION SERVICES

ACTIV4VETS makes available to its end Users and their attending veterinarian veterinary medicine opinion services to assist the end User and their veterinarian to better understand and assess medical conditions. ACTIV4VETS arranges for you to receive a Second Medical Opinion or Peer to Peer Consultation (“SMO”) from one or more veterinarians under contract with ACTIV4VETS (“Veterinarians”).

ACTIV4VETS shall arrange for the delivery of the SMO Report to you within forty-eight (48) hours from the date ACTIV4VETS determines the Records are sufficiently complete to enable it to begin a review, or in the event the Veterinarian requires additional information, ACTIV4VETS shall arrange for the delivery of the SMO Report to you within at least five (5) after all the records are uploaded in Acti4Vets system.

Definitions

The term “Second Veterinary Medical Opinion”, “SMO” shall mean (i) an independent review by a Veterinarian (or team of Veterinarians) of Pet Health Records (“PHR”) provided by the treating Veterinarian to ACTIV4VETS, including without limitation, laboratory tests and x-rays; (ii) the providing of information, if any, to you or your designee with any diagnosis or treatment; and (iii) the expression of a written statement by the Veterinarian as to whether the Veterinarian agrees with the diagnosis assigned, and the course and plan of treatment provided or to be provided, to the pet.

Accuracy of Information

You agree to provide to ACTIV4VETS true and complete copies of your pet’s veterinary medical records (“Records”) to receive SMO Services and any other additional medical information and/or documents in your possession or control that may be necessary in the assessment of any prior diagnosis.

You acknowledge that you will furnish to ACTIV4VETS your pet’s health information in accordance with the Privacy Policy of ACTIV4VETS. AS SUCH, ACTIV4VETS AND ITS VETERINARIANS SHALL RELY ON YOU TO PROVIDE COMPLETE, ACCURATE, AND TIMELY INFORMATION AND SHALL RELY EXCLUSIVELY ON SUCH INFORMATION PROVIDED BY YOU IN FORMULATING AN SMO, WITHOUT FURTHER INVESTIGATION OR INQUIRY.

ACTIV4VETS abides by all applicable state regulations in providingthese Services. However, if you do not reside in a state that permits an electronic SMO, ACTIV4VETS may not be able to process the User’s SMO request.

ACTIV4VETS assumes no responsibility for (i) following up or ensuring that you take any action set forth in the recommendation(s) contained in any SMO, (ii) recommending any health care professionals, or (iii) otherwise responding to the information included in your SMO.

No Client-Professional Relationship Created

Any information provided to you by ACTIV4VETS does not constitute veterinary or any other professional advice. No client-professional relationship shall be formed among you and ACTIV4VETS as a result of your using Second Veterinary Medical Opinion Services.

The content of the Activ4Vets site and any information provided to you as part of your use of the Second Veterinary Medical Opinion Services are for informational purposes only, and are not a substitute for in-person assessment or specific professional veterinary advice, diagnosis, or treatment.

The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question or situation may differ depending on your location and information typically discovered through in-person assessments or visits. Professionals available through the Site may be licensed, certified, educated, employed by or have experience in only particular jurisdictions or only within particular fields. Communications with veterinary professionals through Second Veterinary Medical Opinion Services are inherently limited, as described above, and do not involve in-person assessments or visits, and do not include safeguards and procedures typical of in-person assessments and visits.

ACTIV4VETS does not recommend or endorse any specific tests, veterinarians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by ACTIV4VETS, ACTIV4VETS employees or contractors, or other visitors to the Site is solely at your own risk.

INDEMNITY

You agree that you are solely responsible for anything you post on the Site and that you will defend, indemnify, and hold ACTIV4VETS, its officers, directors, affiliates, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, actual legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your Postings on the Site or your use of the Services.

You acknowledge and agree that the SMO Report contains only our Veterinarian’s conclusions and information regarding the diagnosis and treatment or proposed diagnosis and treatment, and that reasonable minds may differ on such diagnoses and treatment or proposed diagnoses and treatment. In addition, you acknowledge and agree that the Veterinarians are independent contractors of ACTIV4VETS, and that, as a result, ACTIV4VETS has no control over, input into, or responsibility for, the matters contained in the SMO Report. You further acknowledge and agree that the SMO Report states a mere professional opinion and that you and your attending/treating veterinarian are free to disregard the SMO Report in their sole and absolute discretion.

HEADINGS

The headings to the sections in this Agreement shall not affect the construction or interpretation of this Agreement.

ASSIGNMENT

You agree that these Terms and Conditions and all incorporated agreements between ACTIV4VETS and you, may be assigned by ACTIV4VETS, in its sole discretion.

WAIVER AND SEVERABILITY OF TERMS

The failure of ACTIV4VETS to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions (deemed unenforceable) shall be limited or eliminated to the minimum extent necessary and this Agreement shall otherwise remain in full force and effect.

PROPRIETARY RIGHTS

You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Title to the Site and the Software remains with ACTIV4VETS or the respective owner, and all rights not expressly granted herein are reserved to ACTIV4VETS. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through the Site is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws and that all computer systems, procedures, and databases created, operated, maintained or accessed by ACTIV4VETS in connection with the Site contain proprietary and confidential information of substantial economic value to ACTIV4VETS. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law.

Except as expressly authorized by ACTIV4VETS or advertisers, as applicable, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for you own personal, noncommercial use. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site nor shall you otherwise create or attempt to obtain the source code of the Software.

FOR INTERNATIONAL USERS

ACTIV4VETS makes no claim that the content on this Site may be viewed legally outside of the United States of America. Access to the Site may not be legal in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or imported into the country from which you are accessing the Site.

COMPLETE AGREEMENT

These Terms and Conditions, the Privacy Policy, and all associated and incorporated agreements (collectively the “Agreements”) which together set forth the relationship between you and ACTIV4VETS are intended to be read concurrently. The Agreements constitute the entire agreement between you and ACTIV4VETS with respect to the use of the Site and its Services.

USER AND ACTIV4VETS

Electronic acceptance via the Site, facsimile signatures, and electronic signatures will have the same legal effect as original signatures and are binding on the parties. Upon acceptance, you have agreed to be bound by all of the terms and conditions of this Agreement. Your relationship with ACTIV4VETS is one of independent parties to a contractual relationship and should not be construed to create a joint venture, partnership, or other affiliation.

ACTIV4VETS collects personal information that you choose to share with ACTIV4VETS when you register with the Site. This information may include your e-mail address, your health interests and your answers to questions about your health status. ACTIV4VETS uses this information to tailor ACTIV4VETS’ Services to you and this information is saved to ACTIV4VETS’ database, enabling you to use the personalized features of the Site on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register with the Site and you will not be able to personalize the Site.

THIRD PARTIES

The ACTIV4VETS website is hosted by third parties independent of ACTIV4VETS. Those persons are solely responsible for their performance, conduct, actions and omissions. Furthermore, some of the material on the ACTIV4VETS site is provided by third parties independent of ACTIV4VETS and ACTIV4VETS shall not be held responsible for any such third-party material. ACTIV4VETS disclaims any responsibility for or liability related to such third party material. Any question, complaints or claims related to any product should be directed to the appropriate third party.

MODIFICATIONS

ACTIV4VETS reserves the right to make changes, modifications and alterations to the ACTIV4VETS Site and the content without notification to you. As a registered user, you accept the obligation to periodically review these Terms and Conditions for changes or modifications. Continued use of ACTIV4VETS Services shall be deemed acceptance of these Terms and Conditions as modified and you agree to be bound by any such changes.

APPLICABLE LAW / DISPUTES

By using ACTIV4VETS Services, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between User and ACTIV4VETS, its Veterinarians, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with ACTIV4VETS, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of Miami-Dade County, Florida and also agree to and expressly consent to the exercise of personal jurisdiction in the courts of Miami-Dade County, Florida in connection with any claim involving ACTIV4VETS, its affiliates, employees and subsidiaries.

COPYRIGHT AND TRADEMARKS

All content included on the ACTIV4VETS Site, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“the Content”), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by ACTIV4VETS and Content owned or controlled by third parties and licensed to ACTIV4VETS. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of ACTIV4VETS.

DISCLAIMERS AND LIMITATIONS

By using ACTIV4VETS Services, you agree to abide by these Terms and Conditions and those additional terms and conditions posted on the ACTIV4VETS website from time to time:
You agree that the following disclaimers form an essential part of the Terms and Conditions.

You agree that ACTIV4VETS’ liability pursuant to these Terms and Conditions shall not under any circumstances, and regardless of whether the liability arises out of contract or tort, exceed the amount of the most recent subscription fee you have paid to ACTIV4VETS.

The service provided by ACTIV4VETS through the review of your pet’s Veterinary Medical Records is different from the diagnostic services typically provided by a veterinarian during a face-to-face visit. Providing this service will not have the benefit of information that could be obtained by examining your pet and observing its physical condition. ACTIV4VETS encourages you to share the SMO with your attending veterinarian. You should always consult with your veterinarian or other appropriate health care professionals before making any changes in diet, physical activity, medications and/or therapy.

By requesting a SMO Service, you acknowledge and agree that:

The SMO received will be limited to the attending veterinarian’s review of your personal health records;

The SMO is not intended to replace a full medical evaluation or face-to-face visit with a veterinarian;

The Veterinarian may not have important information that is usually obtained through a physical examination;

You will communicate with your veterinarian after receiving the SMO;

The absence of physical examination may affect the Veterinarian’s ability to give a complete opinion on Pet’s condition, disease or injury.

SMO Services are for medical purposes only and not for use in any related litigation or malpractice matters. We suggest that you contact an attorney and/or related medical professional in your state, territory, or country of residence for further assistance in such matter.

Nothing contained in the ACTIV4VETS Site is or should be considered, or used as a substitute for, diagnosis or treatment, nor prescription.

By engaging ACTIV4VETS’ Services, you acknowledge and agree to assume the risk of these limitations.

You further understand that no warranty or guarantee has been made to you concerning any particular result or cure of any condition.

ACTIV4VETS makes no warranty or guarantee that the ACTIV4VETS website will be uninterrupted, timely, and secure or error free.

ACTIV4VETS also does not warrant or guarantee that medical records hosted on ACTIV4VETS website will be free of infections or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties.

You agree that ACTIV4VETS does not constitute a service that targets any one community, user group, business or industry.

You assume total responsibility and risk for the use of the information provided by ACTIV4VETS. The advice is provided on an “as is” and “as available” basis. Neither ACTIV4VETS nor any of its officers, members, employees, agents, contractors or Veterinarian makes any express or implied warranties, representations or endorsements whatsoever with regard to any information or service provided through the ACTIV4VETS website or through the internet generally; and under no circumstances will ACTIV4VETS or any of its officers, members, employees, agents, contractors or Veterinarians be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from the use of or the inability to use the services or any parts thereof, or the reliance on or use of information, or services provided, or that result from mistakes, omissions, interruptions, deletion or any failure or performance. Neither ACTIV4VETS nor its affiliates warrants that the services will be uninterrupted or error-free or that any information, software or other material accessible on this site is free of viruses of other harmful components.

WARRANTIES AND LIMITATION OF LIABILITY

Certain links in the Site may link you to other sites. The linked sites are not under the control of ACTIV4VETS and ACTIV4VETS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ACTIV4VETS is not responsible for webcasting or any other form of transmission received from any linked site. ACTIV4VETS is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by ACTIV4VETS, an endorsement of or sponsorship by ACTIV4VETS, or affiliation by ACTIV4VETS with, the linked site, its services, and its owner, operator, sponsoring organization or internet provider. This Site may contain advertisements by third parties and the Site may receive royalties from such advertisers.

ACTIV4VETS is not liable to you or any third party for any decision made or action taken by you or anyone else based on information contained on the site or provided through the services, or due to reliance upon information contained on the site or provided through the services.

To the fullest extent permitted by law, any claims arising in connection with your use of the site and any of its content must be brought within one (1) year of the date the event giving rise to such action occurred.

MONITORING OF SITE

ACTIV4VETS reserves the right to monitor any and all use of this Site. ACTIV4VETS is under no obligation to do so and assumes no responsibility or liability arising from ACTIV4VETS doing so or omission to do so. ACTIV4VETS may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms and Conditions, the security of this Site, or for other lawful reasons. You agree that you will not be entitled to any cause of action or other right with respect to ACTIV4VETS concerning such monitoring activities.

CONTACT ACTIV4VETS

If you have any questions or concerns, you may contact ACTIV4VETS Customer Service department as indicated below. ACTIV4VETS will attempt to respond to your questions or concerns promptly.

Activ4Vets, LLC
235 SW 42nd Ave
Coral Gables, FL 33134
Tel: 855-738-3282
E-mail: admin@activ4vets.com

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