Terms of Service

Please read these Terms of Service (the "Agreement") carefully, as they contain the legal terms and conditions that govern your use and access of the website, movetcare.com (the "Site") and the MoVET applications, online and in-person services (collectively with the Site, the "Services"). This Agreement governs your use of the Services and constitutes a legally-binding agreement between each user ("you," "your," "user") and MoVET, Inc. (“MoVET,” "we," "us," or "our"). If you do not agree to the terms of this Agreement, you may not access MoVET or use our Services. If you have any questions about this Agreement please contact us at info@movetcare.com.

1. Revision Of This Agreement

Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at www.movetcare.com/terms. If you do not agree to any modifications to this Agreement, your sole remedy is not to accept the revised Agreement and to stop using the Site and Services.

2. Services

MoVET is a technology platform that helps connect our users to independent veterinary service providers. Our main Services are the MoVET house call services, which enables users to arrange and schedule "on-site" veterinary services (the "Mobile Services"), “in-clinic” veterinary services (the “Clinic Services”), and the staffing services, which allows veterinary hospitals to hire temporary veterinary service providers (the “Relief Services” and together with the Mobile and Clinic Services, the “Veterinary Services”).

3. Acknowledgements

You acknowledge that independent third-party veterinarians and certified veterinary technicians ("Veterinary Experts"), not MoVET, provide the Veterinary Services made available through our Services. Unless otherwise agreed upon in writing, we will not intervene in any relationship that you establish with a Veterinary Expert. Notwithstanding the previous sentence, you acknowledge that the veterinary medical patient records created in the process of receiving the Veterinary Services shall be the property of MoVET; and MoVET may share patient records with other Veterinary Experts which contract with MoVET and that may provide Veterinary Services to you and your pet in the future.

We are not responsible for the performance of Veterinary Experts, and do not have control over the quality, integrity, actions, or omissions of any Veterinary Expert. We also do not have control over: (i) the truthfulness or accuracy of any representations made by the Veterinary Experts; or (ii) the ability of Veterinary Experts to provide the Veterinary Services.

4. Communications Between Users And Veterinary Experts

MoVET allows for the communication and sharing of information between users and Veterinary Experts to facilitate the use of the Services. Like many online services, MoVET contains interactive features and areas that allow users to post, transmit, or store text or other materials, such as requests for Services and member feedback (collectively, “User Content”).

When interacting with other users or Veterinary Experts, please exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don't know. Each user should undertake his or her own research to be satisfied that a Veterinary Expert is suitable to provide the Veterinary Services that you are requesting.

If you post User Content to MoVET, post links on our Services, or otherwise make (or allow any third party to make) material available by means of the Site, you acknowledge that you are solely responsible for the User Content and any consequences resulting from the posting of this content. We do not verify or approve any posted User Content, and material in the form of opinions are not our opinions. You should only provide User Content that you have the right to share and are comfortable sharing with others, you agree not to upload, post, or otherwise transmit any User Content to or through the Services that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person; or that is unlawful, libelous, defamatory, obscene, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense. If you violate, or are suspected of violating these terms, we reserve the right to remove any and all of your User Content.

5. DISCLAIMER

ALL CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO, ALL INFORMATION, COMMUNICATIONS, BLOG POSTS, NEWS, PRESS RELEASES, SOFTWARE, ANALYTICS, (COLLECTIVELY, “CONTENT”), IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MoVET MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. MoVET MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES.

6. LIMITATION OF LIABILITY

MoVET SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF MoVET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,

7. Indemnification

You agree to indemnify, defend, and hold MoVET, its directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys'fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with or in reliance upon the Site.

8. License and Ownership

Any and all intellectual property rights (the “Intellectual Property”) associated with the Site and the Content are the sole property of MoVET, its affiliates or third parties. The Content is protected by copyrights, patents, and other laws in both the United States and other countries. Elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons and other items that appear on the Site are trademarks, service marks or trade dress (“Marks”) of MoVET, its affiliates or other entities that have granted MoVET the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of MoVET. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of the Site in any way without MoVET's or the appropriate third party's prior written permission. Except as expressly provided herein, MoVET does not grant to you any express or implied rights to MoVET's or any third party's Intellectual Property.

MoVET grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Site, Content and Services only in the manner presented by MoVET. Except for this limited license, MoVET does not convey any interest in or to the Site, Content, Services or any other MoVET property by permitting you to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of MoVET. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by MoVET.

You grant MoVET the right and license to use any and all information submitted by you through the Site, including in an anonymized or aggregated fashion, subject only to the MoVET's then current privacy policy.

9. Fees And Billing

Each user hereby authorizes the collection of the disclosed fees for the requested Services by charging the payment method provided as part of requesting the Services, either directly by MoVET or indirectly, via a third-party online payment processor. If a User is directed to MoVET's third-party payment processor, the user may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy statement before using their services. Users will be liable for any taxes required to be paid on the Services (other than taxes on income).

10. No Veterinary-Client-Patient Relationship

No Veterinary-Client-Patient Relationship (“VCPR”) with MoVET is created by using the Site, Content, or Services, whether such Content is provided by or through the use of the Services or through any other communications from MoVET including any assistance we may provide to help you find an appropriate Veterinary Expert. A VCPR may only be established with a licensed veterinarian with sufficient knowledge and contact.

MoVET makes no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, expertise, quality of work, or other information herein regarding Veterinary Experts.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY MEDICAL DECISIONS AND ENSURING PROPER CARE FROM A VETERINARIAN THAT HAS ESTABLISHED A VCPR PURSUANT THE APPLICABLE REGULATIONS.

11. No Veterinary Advice

Any information that you obtain or receive from MoVET, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling, and payment purposes only.

The information provided, whether it is provided by or through the use of the Services or through any other communications from MoVET, is not intended as a substitute for, nor does it replace, professional veterinary advice, diagnosis, or treatment. Do not disregard, avoid, or delay obtaining veterinary advice from a qualified veterinary professional because of something you may have read through MoVET.

12. You Are Ultimately Responsible For Choosing Your Own Veterinary Expert

We may enter into contracts with the Veterinary Experts listed through the Services with whom you may schedule appointments, and Veterinary Experts may pay us a service fee in order to be marketed through the Services. We may provide you with lists and/or profile previews of Veterinary Experts who may be suitable to provide the Services you seek based on information that you provide to us. But we (i) do not recommend or endorse any particular Veterinary Experts; and (ii) do not make any representations or warranties with respect to these Veterinary Experts or the quality of the services they may provide.

13. Copyright Policy

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MoVET, or its third-party service providers, to locate the material;
• Information reasonably sufficient to permit MoVET, or its third-party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

MoVET, Inc.

1854 E Lake Drive,

Littleton, CO 80121

720-507-7387

info@movetcare.com

14. Right To Terminate Your Account Or Block Access To The Services

We may terminate your account or otherwise prevent you from using the Services at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. If we terminate your account, you must immediately stop using the Services and you agree not to attempt to regain access to the Services without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.

15. Entire Agreement; Choice Of Law

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND MoVET, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MoVET WITH RESPECT TO THE USE OF THE SITE, AND ANY SERVICES, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THE SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

16. No Waiver; Severability

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.