Acceptance of Terms
This is a legal agreement (“Agreement”) between you, the user, together with any company or other business entity you are representing, if any (collectively, the “Clinic”) and Skyhound Internet (Creator of My Vet Services) (“Skyhound”). This Agreement governs the access and use of all products and services, including but not limited to the My Vet Services Web Site, for which Clinic registers and which are provided by or through any web site or co-branded web site owned or controlled by Skyhound Internet, or any successor web sites (collectively, the “Service”). IF CLINIC DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
The Service is offered to Clinic conditioned upon Clinic’s acceptance without modification of this Agreement. Clinic acknowledges that, from time to time, it may be necessary for Skyhound to update or revise certain provisions of the Agreement. By signing up for any Skyhound Service and accepting this Agreement, Clinic agrees that Skyhound may change the terms of the Agreement in its sole discretion without specific notice to Clinic. If Clinic does not agree to the changes proposed by Skyhound, or to any terms in this Agreement, Clinic’s sole and exclusive remedy is to cancel Clinic’s Skyhound Service (“Clinic’s Account”). Notwithstanding the foregoing, Skyhound reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
General Use of the Service
Clinic shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Clinic agrees that Clinic will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service. This means, among other activities, that Clinic agrees not to engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information. Clinic agrees that Clinic will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. Clinic may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Skyhound, Clinic agrees that Clinic will not access or attempt to access password protected, secure or non-public areas of the Service. If Clinic attempts to access prohibited areas of the Service, Clinic may be subject to prosecution.
Charges, Billing, and Advertisements
Skyhound reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the My Vet Services Web Site. If Clinic is required to pay a fee for all or any part of the Service for which Clinic has chosen to register, Clinic hereby authorizes Skyhound to charge Clinic’s valid and current credit or debit card in advance for all applicable fees incurred by Clinic in connection with Clinic’s chosen Service and Clinic’s Account. Clinic’s Service and Account will automatically renew at the end of each subscription period, unless the Service or Clinic Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Clinic Account, these fees will be billed automatically to the Clinic’s designated valid and current credit or debit card at the start of each renewal period, unless Clinic terminates the Service before the relevant period begins. If Clinic registered for the Service using a My Vet Services promotional code or discount, after the initial promotional period expires, Clinic’s subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Service. Clinic further acknowledges that it is Clinic’s responsibility to notify Skyhound of any changes to Clinic’s credit card and to update Clinic’s credit card number if Clinic’s credit card has expired otherwise Clinic’s access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. Skyhound shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period.
Skyhound reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades, setup, and/or a Service for which Skyhound does not currently charge a fee) at any time, provided, however, that Skyhound will provide Clinic with reasonable notice prior to making any fee changes. In addition, Skyhound will also give Clinic reasonable notice before any modification to the Service that could adversely impact Clinic’s Site(s). If Clinic finds any change to the Service to be unacceptable, Clinic is free to cancel any part of the Service or Clinic’s Account at any time, but Skyhound will not refund any remaining portion of Clinic’s prepaid fees when Clinic cancels any part of the Service or Clinic’s Account but Clinic will not be charged a cancellation fee.
In order to establish new accounts, a setup fee may be charged per location and is reduced for locations greater than 1. Once setup and configuration has been completed for any clinic account, setup fees are no longer refundable.
Clinic agrees to pay Clinic’s Account balance on time. Clinic also agrees to pay any taxes, including sales or use taxes, resulting from Clinic’s use of the Service. Clinic is responsible and liable for any fees, including attorney and collection fees, that Skyhound may incur in its efforts to collect any remaining balances due from Clinic. This Section shall in no way limit any other remedies available to Skyhound. Clinic also acknowledges and agrees that Clinic will be billed for and will pay any outstanding balances if Clinic cancels Clinic’s Account or Clinic’s Account is terminated due to Clinic’s breach of this Agreement. Clinic must notify Skyhound of any billing problems or discrepancies within sixty (60) days after they first appear on Clinic’s credit card account statement. If Clinic does not notify Skyhound within sixty (60) days, Clinic waives any right to dispute such problems or discrepancies.
If Clinic has registered for a trial of a Service (“Trial Period”) when available, Clinic will have the entire Trial Period within which to purchase the Service Clinic is using in order to retain any Clinic Content (as defined below) that is on the Clinic Site(s) that Clinic built during the Trial Period. If Clinic has not purchased the Service by the end of the Trial Period, all of the Clinic Content will be deleted. Skyhound is not responsible for any damages to Clinic in the event Clinic decides not to purchase the Service and Skyhound deletes the Clinic Content after the Trial Period expires. Trial Periods may or may not be offered at any time by the decision of Skyhound.
Skyhound may show advertisements on any portion of the Service that it provides to Clinics.
Skyhound Support Services & General Support Services
Skyhound offers online ticketing, email and limited phone support services. Clinics in good standing may submit an unlimited amount of support related tickets through Skyhound’s on-line customer support, available through the My Vet Services dashboard screen. Telephone support will be offered only as an escalation of a ticketing or support form based submission to Skyhound, based on an escalation decision, which is final, by Skyhound’s support staff.
Clinic Registration/Privacy Policy
In order for Clinic to participate in the Service, Skyhound will require Clinic to provide specific information about Clinic and/or and Clinic’s business. If Clinic chooses to become a customer, Clinic agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Clinic’s affiliation with any person or entity. Clinic shall maintain a valid email address at all times. Clinic shall be responsible for maintaining the confidentiality of Clinic’s Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Clinic shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Skyhound, it’s partners, affiliates, employees or contractors, for such actions as set forth within this agreement.
Any information supplied by Clinic upon registering for the Service and any other information about Clinic and/or Clinic’s business (collectively, “Clinic Data”) is subject to Skyhound’s Privacy Policy. Skyhound will send Clinic newsletters and email messages to inform Clinic of new products, promotions, features and helpful tips for Skyhound services. Skyhound will also use email to inform Clinic of important policy changes or subscription renewal notices. Automated emails are also sent as part of the service. For more information, Clinics may review the Skyhound Privacy Policy, which is hereby incorporated into this Agreement.
Clinic Account Limitations
Clinic hereby acknowledges that Skyhound may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, client visit information or other content saved as part of the service will be retained by Skyhound, (b) maximum limits on bandwidth or server load usage that will be allotted to Clinic, (c) maximum limits on storage space, (d) maximum amount of incoming or outgoing text messages or emails available, and (e) maximum amounts of screens or logins that are allowed to be accessing the Clinic Dashboard at the same time. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Clinic has registered. Clinic agrees that Skyhound has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Clinic further acknowledges and agrees that Skyhound reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Skyhound reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Clinic.
Discussion Boards
As part of the Service, Skyhound may provide its Clinics (or their customers) with a venue and an opportunity to participate in discussion boards (“Discussion Boards”) with other veterinary clinics. Clinic shall abide by all terms and conditions of Skyhound’s Discussion Board Policy, which is hereby incorporated by reference, in utilizing the Discussion Boards. Please see Skyhound’s Discussion Boards Policy for more information.
DISCLAIMER OF WARRANTIES
CLINIC EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) CLINIC’S USE OF THE SERVICE IS AT CLINIC’S SOLE RISK. SKYHOUND AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE CLINIC SITE(S) “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) SKYHOUND AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET CLINIC’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CLINIC THROUGH THE SERVICE WILL MEET CLINIC’S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR CLINIC SITES IS DONE AT CLINIC’S OWN DISCRETION AND RISK, AND CLINIC WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLINIC’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL SKYHOUND AND/OR ITS SUPPLIERS, AFFILIATES, EMPLOYEES OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SKYHOUND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CLINIC. IN NO EVENT SHALL SKYHOUND’S AGGREGATE LIABILITY TO CLINIC AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CLINIC ACTUALLY PAYS TO SKYHOUND UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $600.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Skyhound nor its suppliers is responsible for any of Clinic’s data residing on the Service or Skyhound’s suppliers’ hardware. Clinic is responsible for backing-up Clinic’s data and information that may reside on the Service or Skyhound’s suppliers’ hardware, whether or not such information is produced through the use of the Service. It is Clinic’s responsibility to take the necessary steps to ensure that Clinic’s primary means of business is maintained (if applicable).
Additional Representations and Warranties
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the service in accordance with these Terms of Service.
You further represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances (collectively, “Laws”) regarding your business, the sale and use of the Products and Services you are offering, and as otherwise related to this Agreement and Customer’s performance hereunder;
Protected Information
Skyhound will collect on their servers information by Clinic’s clients. Skyhound agrees that they will not rent, sell, or distribute any client data or information gathered from clinic’s daily course of business.
Skyhound Proprietary Rights/Software Licenses
Clinic acknowledges and hereby agrees that the Service and any software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Clinic further acknowledges and agrees that content contained in sponsor advertisements or information presented to Clinic through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
Skyhound provides Clinic with a non-exclusive, non-transferable, limited license to use the Software, which Clinic agrees to use in accordance with this Agreement. Clinic may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Skyhound. The Software is owned by Skyhound and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Skyhound and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. CLINIC MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Indemnification
Clinic agrees to indemnify and hold Skyhound and its suppliers, affiliates, partners, subsidiaries, contractors and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to (i) Clinic’s breach of this Agreement; (ii) any information (including but not limited to Clinic Content and Clinic’s publicly posted information) submitted, posted, or otherwise provided by Clinic at the Clinic Site and/or to Skyhound and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Clinic’s actions; and (iv) Clinic’s negligence or violation or alleged violations of any rights of another; (v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer’s business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Clinic’s relationship with Skyhound or Clinic’s use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Skyhound and/or its suppliers, affiliates, partners, subsidiaries and employees.
Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Skyhound, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the My Vet Services (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of Skyhound. Any rights not expressly granted herein are reserved.
Modification of the Service
Skyhound reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Clinic agrees that Skyhound shall not be liable to Clinic or to any third party for any modification, suspension or discontinuance of the Service. Clinic further agrees that Skyhound shall have the right to remove any feature from the Clinic site, with or without notice to Clinic, at any time at Skyhound’s sole discretion, if Skyhound discontinues offering the feature for any reason. If Clinic does not agree to any such modifications, Clinic’s sole and exclusive remedy is to cancel Clinic’s Account.
Maintenance
The software program may go under periodic maintenance to fix reported issues, upgrade software or installation of new features. For planned maintenance we will let our clients know in advance, but other service outages may occur that are beyond our control. We typically perform maintenance after 10pm PST as to not disturb most businesses and their operations however if clinics operate 24 hours a day they will still be affected by any outage and understand that maintenance, upgrades are necessary to the health of the software program.
Termination/Cancellation of Clinic Account
Either Clinic or Skyhound may terminate or cancel Clinic’s Account (or any part of the Service) at any time, but Skyhound will not refund any prepaid fees upon such termination or cancellation.
Termination by Clinic. Clinic may cancel your Clinic Account or any part of the Service at any time. To cancel your Service, Clinic must call 1-562-308-1483 from the U.S; or, at Skyhound’s sole discretion, on a case by case basis, by submitting a cancellation form online. Clinic will receive a cancellation confirmation via email after Skyhound processes Clinic’s cancellation request. Skyhound reserves the right to collect fees, surcharges or costs incurred before Clinic cancels Clinic’s Account in addition to the applicable cancellation fee(s).
Clinic must provide us with the following information in order for us to process the cancellation:
-The exact name of the Service that Clinic would like to cancel
-Clinic’s email address
-Clinic’s billing information, including the last four digits of the credit card number that the Clinic used when purchasing the Service
-Clinic’s reason for canceling the Service
Cancellations must be done prior to 7 days of the credit card renewal date or else an additional month may be charged.
Declined Credit Card Charges
When Skyhound can’t obtain an authorization or charge for the monthly service, a clinic’s account can be suspended when that payment term expires. Skyhound Internet will not be liable for any harm to the business disconnection of services may cause and clinic agrees to indemnify and hold harmless Skyhound Internet from any liabilities of the service being disconnected for non-payment. When a credit card is denied, it does not automatically cancel the service with Skyhound. You must still notify Skyhound of such termination as outlined in this agreement to cancel this service. If Skyhound leaves the service active, any active time will still be due and payable by Clinic to Skyhound despite any failed credit card charges.
Termination by Skyhound
Skyhound may terminate Clinic’s Service or Clinic’s Account if Skyhound determines, in Skyhound’s sole discretion, to discontinue offering the Service. Additionally, Skyhound, in its sole discretion, may terminate Clinic’s Site, Clinic’s Account or Clinic’s use of the Service for any reason, including, without limitation, (i) if Clinic breaches this Agreement, (ii) if Skyhound is unable to verify or authenticate any information that Clinic provides to Skyhound, or (iii) if Skyhound believes that Clinic has violated or acted inconsistently with the spirit of this Agreement, (iv) if Skyhound believes the usage/load balance used by the clinic account exceeds the capacity of our server. If Skyhound terminates Clinic’s Account pursuant to (i), (ii), or (iii) above, Clinic will forfeit all credits, prepaid fees, and any other amounts accruing to Clinic, if any, and Skyhound shall not be required to refund, redeem, or pay amounts to Clinic upon such termination. If Skyhound cancels due to (iv) any refunded money will be tabulated and discussed between the Clinic and Skyhound.
Effect of Termination. Upon termination of Clinic’s Account for any reason, Skyhound reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Clinic; (b) delete any Clinic Content, listings, messages or other information in connection with Clinic’s Account; (c) prohibit Clinic’s access to Clinic’s Account, including without limitation by deactivating Clinic’s password; and (d) refuse Clinic future access to the Service. In no event shall Skyhound be required to refund, redeem, or pay amounts to Clinic upon termination of Service or return any Clinic Content.
Clinic understands and agrees that the cancellation of Clinic’s Account is Clinic’s sole right and remedy with respect to any dispute with Skyhound. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Skyhound’s enforcement or application of any such term; (2) any policy or practice of Skyhound, including Skyhound’s Privacy Policy and Copyright Policy, or Skyhound’s enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; (4) Clinics’ ability to access or use the Service or Clinic’s Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.
Notice
Statements, notices and other communications to Clinic may be made by mail, email, postings within Clinic’s account or other reasonable means. Clinic shall be solely responsible for updating the account’s registered email and postal address. Skyhound shall not be responsible for any undelivered notices caused by Clinic’s failure to update the account information. Skyhound may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the Skyhound Web Site. Clinic should refer to the Clinic Support page of the Service for information on how to contact and/or provide notice to Skyhound.
Arbitration/ Jurisdiction
Clinic agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Orange County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Clinic agrees that any claim against Skyhound must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary; otherwise such claim will be barred forever.
Notwithstanding the above, Skyhound may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (Skyhound Proprietary Rights/Software License) or (ii) to collect fees due and owing from Clinic pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the State of California, U.S.A. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Los Angeles County, California and further agree that any such action or proceeding shall be brought in a court in Los Angeles County, California.
A printed version of this Agreement 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.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Skyhound’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Clinic shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Skyhound, and any such attempted assignment shall be void. Skyhound shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Clinic. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Skyhound and Clinic with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
The Services hereunder are offered by Skyhound Internet, located at 6 Centerpointe Drive, Suite 700, La Palma, CA 90623. The mailing address for Skyhound Internet shall be 6475 E. Pacific Coast Hwy, Suite 427, Long Beach, CA 90803.
Information for California Residents
Under California Civil Code Section 1789.3, California Clinics are entitled to the following specific consumer rights information:
Pricing Information – Current rates for using the Services may be obtained by going to the Pricing & Ordering pages on the My Vet Services Web Site. Skyhound reserves the right to change any fees, surcharges, and/or monthly Clinic fees or to institute new fees at any time.
Complaints – The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Independent Review
CLINIC ACKNOWLEDGES THAT CLINIC HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT CLINIC AGREES TO ALL ITS TERMS AND CONDITIONS. CLINIC HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
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Service-Specific Terms: The following terms apply in addition to all paragraphs above if Clinic has purchased a package which includes the particular service described. Skyhound may change service providers or stop providing the following services at any time without notice to Clinic; and Clinic shall permit Skyhound to act as its agent with respect to the following services:
Telephone Numbers
Skyhound has chosen vendors to provide SMS messaging services to provide text-messaging capabilities to the Clinic. The use of these services by Clinic must be used in accordance with the intended use of the service. Text messaging cannot be used for other purposes, commercial or personal. Text messaging is limited to the amount currently listed on the pricing page. Overages for texting will be charged at current rates listed on the pricing index page.
Copyright 2020 Skyhound Internet. All Rights Reserved. Updated September 10, 2020.
