Disclaimer of Professional Advice. All content provided on the Site and through the Services (also including the receipt, retention and management of your pet’s information and health care records) is for informational purposes only. The Site and the Services are not intended to constitute medical advice, veterinary advice, or any other advice of a professional nature and should never be used as a substitute for consulting your pet’s veterinarian or other service professional. You should consult your veterinarian or other pet care professional before making important decisions about the care of your pets. Your reliance on the content of the Site is solely at your own risk.
Eligibility. Use of the Site and Services is limited to parties that lawfully can enter into agreements under applicable law. For example, we do not provide products or services to minors. If you are under 18 you may use the Site only with the involvement of a parent or guardian. We do not offer services to or target persons under the age of 13. In compliance with the Children’s Online Privacy Protection Act and other laws concerning the protection of minors and children, we will purge any information we receive from people we believe to be children under 13 from our database and cancel any corresponding accounts and transactions.
Your Account. To access our products and Services you must create an account associated with a valid e-mail address. Accounts may not be sold or transferred. Unless expressly authorized by us you may only create one account per email address. To create an account and register you must provide your name and e-mail address, select a password, and provide other information required by the application form. Valid payment information will be needed when you conduct a transaction on our Site. You are responsible for all activities that occur under your account regardless of whether the activities are undertaken by you, your employees or a third party. My Pet Credentials and its affiliates are not responsible for unauthorized access to your account. You must contact us immediately if you believe an unauthorized party may be using your account or if any of your account information is lost or stolen.
Electronic Communications. When you use the Site and our Services you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you choose to access your pet's health records or other information via the Site and Services, you consent to receiving electronic pet health care records, including but not limited to vaccination records, via a web browser or email application connected to the Internet. All such information is collected and/or managed by us as a service to our users. While we make every effort to verify that the information in connection with the Services we provide is useful to our users, My Pet Credentials does not warrant or guaranty its accuracy or timeliness. If you chose to order pet health supplements or medications via the Site you are waiving the confidentiality of those order records as to the chain of third persons necessary to fill those orders. The Site does not sell products or services for purchase by children. If you are under 18, you may use the Site to conduct a transaction with us only with the involvement of a parent or guardian.
Confidentiality; Veterinary Medical Records and Information. We use current digital tools and take a variety of precautions to protect the security and confidentiality of your pet’s information on the Site. Please read our Privacy and Data Security Policy. Nevertheless, communications accomplished through the Site and the Services (including our mobile device applications) are not legally confidential or privileged and will not be the subject of any associated confidences or privileges. You agree that any communications (text, email, video chat, phone support) may be recorded and reviewed for training and quality control purposes. You consent to My Pet Credentials obtaining your pet's records from the person(s) you indicate as your veterinarians and pet service providers and facilitating the storage, updating and exchange of such information in connection with your use of the Site and Services. You authorize copies or summaries of the medical records and images pertaining to your pets to be released to us by fax, first-class mail or by e-mail. You consent to our storage and handling of your pet’s identifying information, vaccination and treatment records, grooming, boarding and similar records in our system so that they can be accessed, verified, reviewed, modified and stored in the course of providing Services to you.
No Endorsements. Although the Site may refer to products or services of third parties or link to third party sites or information, we do not specifically endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You must make your own decisions regarding third party products, services and web sites.
Copyright and Trademark. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of My Pet Credentials or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of My Pet Credentials and is protected by U.S. and international copyright laws. All software used on this Site is the property of My Pet Credentials or its software suppliers and is protected by United States and international copyright laws. All of the trademarks, service marks, brand and trade names appearing on the Site including without limitation “My Pet Credentials” and various taglines we use are each the proprietary intellectual property of My Pet Credentials or the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. In accordance with the provisions of the Digital Millennium Copyright Act and related laws if you are a copyright owner and believe that any content on the Site infringes your copyright you may inform us by submitting a notice by email to firstname.lastname@example.org or in writing addressed to:
My Pet Credentials, Inc.
1901 Post Oak Blvd, Suite 1205
Houston, Texas 77056
Your notice should include (i) a specific description of the alleged infringement and the copyrighted work that you believe has been violated; (ii) the exact location of the infringing material on the Site; (iii) your contact information; and (iv) a statement by a person authorized to take action on behalf of the owner of the copyright certifying that the information provided is true and correct.
Password Security. Your account password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.
Software and Downloads. Your use of any software made available on or through the Site is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the software ("License Terms"). In the event that software is provided on or through the Site and is not licensed for your use through License Terms specific to the software you may use the software subject to the following: (a) the software may be used solely for your personal, informational, noncommercial purposes; (b) the software may not be modified or altered in any way; and (c) the software may not be redistributed. You may download, store, display on your computer, view, listen to, play and print materials that you purchase from us or that we otherwise publish or broadcast on the Site or make available for download subject to the following: (a) the materials may be used solely for your personal, informational, noncommercial purposes; (b) the materials may not be modified or altered in any way; and (c) the materials may not be sold or otherwise redistributed.
Programs and Promotions. From time to time we may offer special promotions designed to enhance the value of your experience with us. Special promotion offers cannot be combined with any other offer or applied to any prior transactions. Special promotion offers may be modified or terminated by us at any time without notice. Special promotions for a qualifying transaction will be automatically calculated and applied.
- If you choose to participate in a fee-based subscription program, you understand that we reserve the right to reject your enrollment in our sole discretion in which case any enrollment fee paid by you will be refunded.
- You agree to pay the fees applicable at the time you subscribe as specified in the subscription enrollment materials. These fees will be collected using the payment information that you provide.
- You are responsible for maintaining the accuracy of your payment information to assure that payments are not declined for any reason, including but not limited to expiration dates, insufficient funds or address changes.
- Charges will appear on your statement with the name "MY PET CREDENTIALS". In the event that your payment is declined for any reason, we reserve the right to suspend your account and your access to the system until payment is received. You understand and agree that your payment is for the periodic subscription service you specify whether you are using the system or not.
- In the event that your account becomes suspended for non-payment, your payment of amounts past due will re-enable your account retroactive to the date that the payment became delinquent. Your next payment due date following reinstatement will fall on the regularly-scheduled payment date, regardless of the number of days remaining in the current billing cycle.
- You understand that pricing may fluctuate at our discretion but that we will notify you via email of pricing changes 30 days prior to any effective change. If you do not agree to a pricing change you (i) may cancel your subscription, or (ii) continue to enjoy subscription benefits in which case you are deemed to be bound by pricing changes and you authorize My Pet Credentials to collect payment at the then-current subscription rate(s).
- You may terminate your subscription for any reason at any time by using the cancellation feature available on your Profile page.
- Upon termination of any fee-based subscription, all funds paid shall be deemed surrendered to My Pet Credentials and will not be subject to a refund of any fees paid for service, up to and including your current month of service under any circumstances.
- Upon termination of your subscription you will not be billed any further subscription fees.
- In the event that you choose to rejoin a fee based program we may not be able to restore or transfer information or items that were stored in your terminated account.
- Only the above-named means of cancellation are valid and other contact forms such as sending an email, opening a technical support ticket or calling My Pet Credentials will not be a valid means of terminating your subscription. You further agree that fees or other charges incurred resulting from your failure to follow specified termination procedures will not be refunded.
Our Payment Service. In order to subscribe to or purchase products or services from us you must use our Payment Service (the "Payment Service"). We accept payment through valid credit/debit card, iTunes Subscriptions and Google Play Subscriptions. The Payment Service helps facilitate your transactions with My Pet Credentials. Use of the Payment Service is available to individuals and businesses who meet the terms of eligibility and whose applications are acceptable to My Pet Credentials.
- Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate another account holder or use another’s password(s). Fraudulent conduct may be reported to law enforcement and My Pet Credentials will cooperate to ensure that violators are prosecuted to the fullest extent of the law. You may not post unlawful, harmful, or obscene content or content that infringes on trademarks or copyrights or content that is defamatory about My Pet Credentials or its users.
- Investigation. My Pet Credentials has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as we deem appropriate. My Pet Credentials also may investigate any reported violation of its policies or other complaints and take any action that it deems appropriate. Such action may include but is not limited to issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site. My Pet Credentials reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise deemed objectionable.
Privacy and Data Security. Please read our Privacy and Data Security Policy. This policy may be changed by us in the future and you should check the policy periodically for changes.
Disclaimer of Warranties. WHILE WE HAVE DEVELOPED AN INNOVATIVE DIGITAL PET RECORDS MANAGEMENT SYSTEM THAT MAKES MANAGING YOUR PETS’ RECORDS, APPOINTMENTS, ACTIVITIES AND SAFETY SIMPLE, CONVENIENT AND EFFICIENT, YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. MY PET CREDENTIALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SITE OR THE SERVICES OR THE CONTENT THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS CONCERNING YOUR PET. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW MY PET CREDENTIALS DISCLAIMS ANY AND ALL SUCH WARRANTIES INCLUDING WITHOUT LIMITATION:
- ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- THAT THE SITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR:
- THAT THE INFORMATION, CONTENT, PRODUCTS AND MATERIALS INCLUDED ON THE SITE WILL BE AS REPRESENTED OR AVAILABLE FOR PURCHASE;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MY PET CREDENTIALS.
Limitation of Liability. MY PET CREDENTIALS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE OR LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, INABILITY TO USE THE SITE OR THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE SERVICES. IN ANY EVENT, MY PET CREDENTIALS LIABILITY OF ANY KIND SHALL NOT EXCEED THE AMOUNT OF ANY TRANSACTION IN CONNECTION WITH WHICH A CLAIM ARISES.
Indemnity and Defense. You will defend, indemnify and hold harmless My Pet Credentials and its affiliates (and their respective employees, officers, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to: (i) your use of the Site and the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
Applicable Law. By visiting the Site, you agree that the laws of the State of Texas, USA govern this Agreement without giving effect to principles of conflicts of laws. Subject to the provision of this Agreement titled “Disputes” any legal action arising under this Agreement shall be brought only in state or federal courts in the Harris County, Texas, which shall have exclusive jurisdiction and you and My Pet Credentials consent to the exclusive jurisdiction of such courts.
Disputes. In the event of a dispute, the parties will in good faith attempt to resolve any dispute arising from or relating to your use of the Site and Services through non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. The mediator’s fees and the cost of conducting the mediation, shall be paid equally by the parties. Each party shall pay its portion of the shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorneys’ fees, costs, and individual expenses associated with the mediation. Mediation shall be held in the City of Houston, Texas, and shall last no more than one business day. If mediation is unsuccessful, any controversy or claim arising out of or relating to your use of the Site and Services shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You waive all rights to trial by jury or to any court proceedings. All arbitration proceedings shall be held in Houston, Texas. The arbitrator shall allocate the costs and expenses of arbitration, including attorney’s fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of the agreement. Nothing in this agreement shall prevent My Pet Credentials from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect our trade secrets and other intellectual property interests prior to, during or following the filing of any arbitration or other proceeding or pending a decision or award in connection with any arbitration or other proceeding.
Entire Agreement. This Agreement including any provisions incorporated by reference constitutes our entire agreement with you and supersedes any other understandings in connection with your use of the Site and Services.
No Agency; Third-Party Beneficiary. My Pet Credentials is not your agent, fiduciary, trustee, or representative. Nothing expressed in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are for the sole and exclusive benefit of My Pet Credentials and you.
Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver. We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of My Pet Credentials' right to subsequently enforce such provision or any other provisions of this Agreement.
My Pet Credentials welcomes your questions or comments.
My Pet Credentials, Inc.
1901 Post Oak Blvd, Suite 1205
Houston, Texas 77057