Welcome to the SMART PET PARENT website. We want you, the consumer, to be familiar with your rights and obligations relating to use of our website(s) and service(s) as well as our promises to you. You should carefully review all the terms below. Here are a few important points:
SPP IS NOT A VETERINARIAN OR DOCTOR, VETERINARY PRACTICE, EMERGENCY HOTLINE OR TELEMEDICINE SERVICE, OR INSURER. IF YOUR PET IS EXPERIENCING A HEALTH ISSUE, CONTACT A VETERINARIAN OR PET EMERGENCY HOTLINE FOR ADVICE.
Smart Pet Parent, LLC. owns this domain (collectively referred to as “Smart Pet Parent”, “SPP”, “we”, “us”, or “our”). Smart Pet Parent operates SmartPetParent.com (“Site”). By using or accessing this Site, a mobile application of this Site, or any of the Site’s Elements (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions of service (the “Terms”). The Terms constitute a legally binding agreement between you and Smart Pet Parent as the owner or operator of the Site. You covenant, represent and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including provision or use of any Content (defined below), does not violate any applicable law. If you are using the Site on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Terms. You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to access and use the Site. These provisions form an essential basis of our bargain.
If you do not agree to these Terms, you are not authorized to access or use the Site or the services offered on the Site. Stop using any services and exit the Site.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. We will post a revised version of these Terms on the Site and the revised Terms will be effective immediately thereafter. Your submission of an inquiry and/or other use of the Site following the posting of any such change, modification or amendment to these Terms will constitute your acceptance of the amendments. When we post changes to these Terms, we will revise the “last updated” date at the top of these Terms. You should periodically review the “last updated” date at the top of these Terms so that you can familiarize yourself with any changes. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Because we provide a wide range of services, we may ask you to review and accept supplemental terms that apply to a specific product, service, or app. To the extent those supplemental terms conflict with the Terms, the supplemental terms associated with the product, service, or app govern with respect to your use of such product, service, or app to the extent of the conflict.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Smart Pet Parent are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Smart Pet Parent on an individual basis.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for information or by making any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry to Smart Pet Parent. By including your telephone number and/or email address in any submission, you are extending an express invitation and providing your express written consent to Smart Pet Parent to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice and/or text messages) so they may assist you with your transaction and you hereby consent to any such calls or texts even if your phone number is on any corporate, state or national Do Not Call list or registry, or (ii) to contact you by email at any email address you provided. You represent that all of the information you have provided in your submission is true and complete. Where applicable, you authorize us to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus.
As part of your use of this Site and all, content, message boards, chat rooms, profiles, forums, bulletin boards and other interactive features and other services that we own, control, and make available through this website (“Service”), you may be able to post content on this website. Any Content you post to the Site will be considered non-confidential and non-proprietary.
When you post content to this Site, or otherwise use the Service to post content, you grant us and our designees ownership to the content that you have posted (“Content”), including all patents, copyrights, trademarks, and other intellectual property in the content. You grant us the perpetual, worldwide, non-exclusive, transferrable, assignable, sublicensable, perpetual, irrevocable, royalty-free license to edit, adapt, modify, reproduce, promote, publish, create derivative works of, perform and otherwise use the Content in any way and in any media for trade, advertising, promotional, or any other purposes, and use, make, have made, sell, offer for sale, import and export products and services based on such Content, as we and our designees may determine or see fit, without having to seek permission from, and without consideration or notification to you or any third party. You also agree that we may replicate and re-post any of the Content on other online properties as determined by us in our sole discretion, for visitors to the website(s) to view.
By posting Content, you represent and warrant that you own all right, title and interest and have obtained all appropriate permissions and releases to grant us ownership of the Content. You agree that your rights in the Content include and are not limited to all right, title and interest to any patent, trademark, trade secret, copyright or other proprietary rights, including, but not limited to, privacy and publicity rights in the Content and all rights for us to use the Content. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Any content and/or opinions uploaded, expressed or submitted to the Site, and all information and responses to questions and other content, other than the content provided by Smart Pet Parent, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Smart Pet Parent. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.
We do not charge users to access the public portions of our Site. We may from time to time charge users fees for utilizing the Services or various other services that may now or in the future be provided by our Site. Accordingly, we grant each user a limited, revocable, non-exclusive license to access the Site in order to, as applicable, view or make legitimate inquiries to us regarding this website and Service all in accordance with these Terms. We may grant any of our third-party service providers a limited, revocable, non-exclusive license to access the password-protected portions of the Site or the Service (as applicable) in accordance with a written agreement between us and the service provider. Any other use of the Site or the Service is expressly prohibited.
Importantly, these limited licenses do not include any right of collection, aggregation, copying, duplication, display or modification of the Site or the Service nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to a Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps, and other materials, including Content, on the Site and/or available through the Service (collectively, the “Elements”) are only for each user’s personal use in accordance with the limited license grant contained herein or also pursuant to any separate written agreement. All Elements on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Elements on the Site. Copying or storing of any Elements other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. All trade and service marks and logos used on the Site (including, without limitation, the Site’s domain name) are the exclusive property of Smart Pet Parent or its licensors (as applicable), you may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors’, as applicable) sole benefit.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
We may change, remove, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, Elements, or database without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.
User verification on the Internet is difficult, and we cannot and do not confirm each user’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) SMART PET PARENT WILL HAVE NO LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH SMART PET PARENT AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
IN NO EVENT WILL SMART PET PARENT, OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “SMART PET PARENT GROUP”) BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE OR SERVICE, THESE TERMS, YOUR USE OF THE SITE OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN YOU AND OUR SERVICE PROVIDERS(S) BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE SMART PET PARENT GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF SMART PET PARENT, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.
The Site and the Service, including all content, software, functions, services, materials and information made available on or accessed through the Site or the Service, are provided “as is.” We expressly disclaim all express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, completeness and accuracy. To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the Site or the services, materials, information and functions made accessible by the software used on or accessed through the Site or the service, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the Site or any linked site. We do not warrant that the functions contained in the Site or any services, materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute regarding any transaction), you hereby agree to release, remise and forever discharge the Site and each member of the Smart Pet Parent, each of their respective agents, directors, officers, members, managers, employees, successors and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Site or the service. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor” (or any equivalent statutory provision with a similar import or intent). If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
You hereby agree to indemnify, defend and hold the Site and each member of Smart Pet Parent (collectively, the “indemnified parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the indemnified parties in connection with any claim arising out of your use of the Site (including, without limitation, any dispute regarding any transaction), any act (or failure to act) by you or other users of your account or any breach by you of these terms or the representations, warranties and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. Smart Pet Parent reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.
SHOULD A DISPUTE ARISE BETWEEN YOU AND SMART PET PARENT CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY CONTENT SUBMITTED BY YOU, THE SITE OR SERVICE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY SMART PET PARENT, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”), AS MODIFIED BY THESE TERMS. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. The arbitrator is bound by these Terms and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section are for a court to decide. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST SMART PET PARENT OR ITS AFFILIATES, AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT SMART PET PARENT OR ANY PERSON PURCHASING YOUR DATA INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. Further, unless both you and Smart Pet Parent agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Forum for Certain Disputes that Are Not Arbitrated
The relationship between Smart Pet Parent and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
Except as explicitly stated otherwise, written notices, including all legal notices, to us must be given by certified postal mail, return receipt requested, to:
Smart Pet Parent, LLC
660 Sacramento St, Suite 200
San Francisco, CA 94111
Attn: Legal Team
Smart Pet Parent may communicate electronically or by postal mail with you about these Terms or the Services. We may send you notice at any email address you may provide to the Site during a registration process or when submitting an inquiry (as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested or by national courier service, to any address provided to us during a registration process or when submitting an inquiry (as applicable).
Choice of Law
These Terms shall be treated as though they were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the United States of America and State of California without regard to conflict of law principles.
Your Record of These Terms
We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
We welcome your comments, feedback, suggestions, and other communications regarding the Site and Services. Please contact us with feedback at email@example.com. Please note our separate address for legal correspondence, above.
Your feedback is site Content as defined in these Terms and will be treated in accordance with the provisions of these Terms. For this reason, we ask that you not send Smart Pet Parent any Feedback that you do not wish to license to us as set forth above.
Our mailing address is:
Smart Pet Parent, LLC
660 Sacramento St, Suite 200,
San Francisco, CA 94111