VCA CARECLUB® APP TERMS OF USE AND LEGAL NOTICES

THESE TERMS OF USE (THESE “TERMS OF USE”) APPLY TO THE USE OF THE VCA CARECLUB® APPLICATION (“VCA CARECLUB APP,” THE “APPLICATION,” OR THE “APP”). BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE VCA CARECLUB APP YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND YOU AGREE THAT YOU WILL ONLY USE VCA CARECLUB APP IN ACCORDANCE WITH THESE TERMS OF USE IN ADDITION TO ANY OTHER TERMS OF USE THAT MAY BE OTHERWISE COMMUNICATED TO YOU.

ACCOUNTS AND SECURITY

The VCA CareClub App is made available only to clients of veterinary practices owned, operated or managed by VCA Animal Hospitals, Inc. and its affiliates (“VCA,” “we,” “us,” or “our”) who are active VCA CareClub® members (each a “CareClub Member”). In order to access or utilize the VCA CareClub App, you may be required to register for, or be an authorized user of, a registered user account (“Account”). You agree to provide us with accurate, complete, and updated Account information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your Account. You agree to (i) keep your password confidential and use only your Account login and password when logging in, and (ii) immediately notify us of any unauthorized use of your Account and/or password. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this paragraph. You may only use the VCA CareClub App if your applicable jurisdiction allows you to accept these Terms of Use.

THE VCA CARECLUB DOES NOT PROVIDE VETERINARY MEDICAL ADVICE

All information made available through VCA CareClub App (collectively “Information”) is for general information and educational purposes only. While Information provided through VCA CareClub App may be provided by a licensed veterinarian or certified veterinarian technician (collectively, “veterinary care professionals”), any advice provided through VCA CareClub App should not be considered veterinary medical advice, is not intended to diagnose, treat, or cure your pet, and is not a substitute for professional veterinary care advice, diagnosis, or treatment from a treating veterinarian. We do not represent or warrant that any health, behavior, wellness or other suggestions or recommendations made, referred to, described, or provided through VCA CareClub App will be safe, appropriate or effective for your pet. For any medical or health related advice concerning the care and treatment of your pet, contact your regular veterinarian or local animal hospital.

IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY MEDICAL CARE IMMEDIATELY. NEVER DISREGARD YOUR VETERINARY CARE PROFESSIONAL’S ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANY INFORMATION COMMUNICATED THROUGH OR OTHERWISE RELATED TO THE VCA CARECLUB APPLICATION.

LICENSE AGREEMENT

Please read these Terms of Use before downloading, installing or using the Application to your wireless device. To the extent you download, install and or use this Application, you agree to be bound by these Terms of Use.

Limited License. VCA hereby grants to you a non-exclusive, non-transferable, revocable limited license to download, install and/or use an object code copy of the Application for one registered account on one mobile device owned or leased solely by you. All rights not expressly granted in this Agreement are reserved by VCA and/or its licensors. You acknowledge that we may from time to time issue upgraded versions of the App, and may upgrade automatically to your mobile device the version of the App that you are using. You consent to such automatic upgrading and agree that these Terms of Use will apply to all such upgrades. Any use of third-party software provided in connection with the Services will be governed by such third party licenses and not by these Terms of Use.

Ownership. The foregoing license grant is not a sale of the Application or any copy thereof. Any and all rights in the Application, including all copyrights, are and shall remain the exclusive property of VCA and/or its licensors. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of VCA CareClub App granted to you in these Terms of Use. You will not take any action to jeopardize, limit or interfere with VCA’s and/or its licensor’s rights

Restrictions. No license is granted to you by this Agreement in the human readable code, known as the source code, of the App, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the App. In addition, no license is granted to you by this Agreement to decompile, reverse engineer, disassemble or modify the App. Further, no license is granted to you by this Agreement to (i) remove, efface or obscure any copyright or other proprietary notices from the App or (ii) exploit, copy, reproduce, sublicense, transfer or assign the App.

PRIVACY

Your privacy is important to us. See our Privacy Statement, available at https://vcahospitals.com/privacy-policy for information on the privacy and security practices of VCA.

PROHIBITED USES

The VCA CareClub App and Service are provided for lawful purposes only. You agree not to use the VCA CareClub App to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users or persons; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt servers or networks connected to Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application; (f) attempt to gain unauthorized access to any portion of the Application or any other accounts, computer systems, or networks connected to the Application, whether through hacking, password mining, or any other means; (g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and/or (h) market, advertise, or upsell any products or services to any person.

CONSENT TO USE OF DATA

To facilitate product support and other services, you agree that VCA and/or its third party service providers may collect, use, store, and transmit non-personally identifiable technical and related information that identifies your mobile device, operating system, App software and peripheral hardware. In addition, VCA and/or its third party service providers may collect and store non-personally identifiable App usage statistics. VCA and/or its third party service providers may use this information in the aggregate, in a form which does not personally identify you, to improve its products and services and may share anonymous aggregate data with third parties.

DISCONTINUATION OR MODIFICATIONS TO APP AND/OR SERVICE

We reserve the right, in our sole discretion, to deny or restrict the use of VCA CareClub App to anyone for any reason. We reserve the right to modify or discontinue VCA CareClub App, with or without notice to you. We also reserve the right, in our sole discretion, to terminate your account, membership registration, access or use of the App and the related Services or any portion thereof at any time, without notice. We will not be liable to you or any third party should we exercise these rights. If you object to any modification, your sole recourse will be to cease using the Application. Continued use of VCA CareClub App following a notice of any change will indicate your acknowledgment of such changes and satisfaction with the Application as modified. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. We may provide notice of termination, if at all, by regular mail, email or otherwise.

ADDITIONAL TERMS FOR APPLE AND ANDROID DEVICES

Apple Devices. The following additional Terms of Use apply to any mobile application we provide to you for use on an Apple iOS-powered mobile device (“iOS App”):

Android Devices. The following additional Terms of Use apply with respect to any mobile application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

COPYRIGHT AND TRADEMARK NOTICES

All content and collective work comprising the App and/or communicated through the App, including information, articles, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other artwork and material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights under United States and/or international laws and held by VCA and/or the original creator of the material, including VCA’s affiliates, partners, and/or suppliers. These rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All trademarks, service marks, logos, slogans, domain names, and trade names are the property of their respective owners and are licensed to, or otherwise used with permission by, VCA. All intellectual property used on the Site may not be reproduced, copied or otherwise manipulated in any manner without express, written permission of the owner. VCA disclaims any proprietary interest in intellectual property other than its own.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE VCA CARECLUB APP AND VCA CARECLUB SERVICES IS AT YOUR OWN RISK. THE VCA CARECLUB APP AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE APP FOR ANY PURPOSE (INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED BY ANY VCA OR THIRD PARTY VETERINARY CARE PROFESSIONALS) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VCA, ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS THEIR THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS (COLLECTIVELY, “THIRD-PARTY SERVICE PROVIDERS”) DISCLAIM ANY AND ALL WARRANTIES REGARDING THE VCA CARECLUB APP AND VCA CARECLUB APP SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VCA AND/OR ITS THIRD PARTY SERVICE PROVIDERS ALSO DISCLAIM ALL WARRANTIES WITH REGARD TO WHETHER THE APPLICATION WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON AN UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. VCA AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS, OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS, OR COMPONENTS. NEITHER VCA, ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS THEIR THIRD-PARTY SERVICE PROVIDERS HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE VCA CARECLUB APP AND VCA CARECLUB APP SERVICES OR FOR ANY DAMAGE TO YOUR PHONE, DEVICE OR ANY OTHER DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE VCA CARECLUB APP AND VCA CARECLUB APP SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.

LIMITATION OF LIABILITY

IN NO EVENT WILL VCA, ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS THEIR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE OR STATUTORY DAMAGES IN CONNECTION WITH THE DOWNLOAD, INSTALLATION AND/OR USE OF THE VCA CARECLUB APP AND VCA CARECLUB APP SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, EVEN IF VCA AND/OR ITS THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW FOR SUCH LIMITATION(S) OR EXCLUSION(S) OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL MAXIMUM LIABILITY OF, VCA, ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS THEIR THIRD-PARTY SERVICE PROVIDERS, TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL BE THE LESSER OF (I) THE AMOUNT YOU PAID TO USE THE APPLICATION, OR (II) IF THE APPLICATION WAS FREE, $100.00. VCA’S LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS ARE RESERVED.

LEGAL COMPLIANCE

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. This Application is subject to the export control laws, rules and regulations of the United States and other jurisdictions. You agree to comply with all such laws, rules and regulations.

MODIFICATIONS TO TERMS OF USE/SITE

VCA reserves the right to modify these Terms of Use at any time by posting revised Terms of Use either in the CareClub App or at http://vca-careclub-app-terms.vcaantech.com/. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the App shall be deemed irrevocable acceptance of those revisions when you use the App after such revisions to the Terms of Use have been posted. If you do not agree to (or cannot comply with) these Terms of Use, as amended, you must immediately stop using the App. VCA reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if VCA so chooses. VCA reserves the right to change, modify, suspend or discontinue all or any aspects of the App at any time without prior notice.

ARBITRATION

You agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against VCA and its affiliates arising out of, relating to, or connected in any way with the Application or the determination of the scope or applicability of these Terms of Use or your agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS pursuant to the Rules and Procedures (provided such location is reasonably convenient for you), or at such other location as may be mutually agreed by you and VCA; (4) the arbitrator’s decision shall be controlled by the Terms of Use of this Agreement and any of the other agreements referenced herein that you may have entered into in connection with the Application; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as you and VCA hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only you and VCA individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250 USD VCA agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, VCA will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither VCA nor you shall be entitled to arbitrate their dispute. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and VCA are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, Participants may visit the JAMS Website at http://www.jamsadr.com.

MISCELLANEOUS

These Terms of Use will be governed and be interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the federal and state courts in Los Angeles County, California, for purposes of any legal action arising out of or related to the use of the Application or these Terms of Use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of these Terms of Use is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Application for illegal purposes will be provided to law enforcement authorities and is otherwise subject to production as required by law. The failure of VCA at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. VCA reserves all rights not expressly granted herein.

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