TERMS OF USE

Last Updated on [02/07/2023]

INTRODUCTION

The Scout Veterinary Care website, [booking engine], and other services (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by Scout Veterinary Care Illinois, P.C. (“we”, “our”, “us”). These Terms, together with our Privacy Policy at [www.scoutcare.com] and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services.

Please read these Terms carefully. These Terms form a legally binding contract between you and us. By accessing or otherwise using any Services in any way, including by creating an account (“Account”), or merely browsing the website, you agree to be bound by these Terms as well as any other applicable terms and conditions or agreements you enter into with us regarding your use of any portion of the Services.

CHANGES TO THESE TERMS

We may change these Terms in our sole discretion.

Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes, you should stop using the Services.

USE OF SERVICES

The Services are intended only for individuals who are at least eighteen (18) years old. You warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms.

ELECTRONIC SERVICES

Our Services that are made available electronically (“Electronic Services”) shall not be used in any urgent or emergency situations. If you think your pet may have a medical emergency or may need urgent medical attention, call an emergency veterinary provider immediately.

No veterinary-patient relationship is created by viewing our Electronic Services. Any materials that are intended for general informational purposes are not intended to be for medical diagnosis or treatment, or to cover all possible diagnoses, treatment options, uses, directions, precautions, or drug interactions.

COMMUNICATIONS

By creating an Account, you will be subscribed to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unsubscribing in your account settings, clicking the unsubscribe link or by emailing at info@scoutcare.com.

PURCHASES

If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, we receive insufficient or erroneous billing, payment, and/or shipping information. We may also refuse any order that is connected with a previous payment dispute. We reserve the right to refuse or cancel your order due to suspicion of fraud or an unauthorized or illegal transaction.

YOUR ACCOUNT AND LICENSE

To use many features of the Services, we require you to create an Account. We grant valid Account holders a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license, to access and use the Services and (as applicable) subject at all times to your strict compliance with these Terms. We reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights. You may not otherwise use, decompile, reverse engineer, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Services. Further you may not use any automation tools, macros, bots or auto-typers to circumvent any technical mechanisms or protections in place, share, sell or buy any other Accounts, or use multiple Accounts to break any of these Terms, exploit any known faults or bugs in the Services or impersonate any of our employees, officers or agents, persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information, encourage others whether directly or indirectly to break any of these Terms, use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory, nor ask for any personal details of other users, or advertise other websites using the Services.

Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited.

You agree to keep your password safe at all times and not to disclose it to any other person. You are fully responsible for all activities on your Account (including the activities of all persons who use your password to gain access to your Account or who use the device on which the Services are installed and/or downloaded) and for complying with any licenses granted in these Terms. You are expressly prohibited from allowing anyone else to use your Account. We may immediately suspend or terminate your Account if someone else uses it. To help ensure the safety of your password, you must keep your computer and/or device (as applicable) free of viruses and other malicious code including trojan horses, worms, time bombs, malware, and spyware. You must use your password in accordance with the password requirements specified in the rules of the Services.

We do not guarantee the Services will be secure or free from bugs or viruses.

You must not attempt to gain unauthorized access to the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy. In the event of such a breach, your right to use and licenses granted in these Terms will cease immediately without notice from us.

You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements.

If you believe that someone has stolen your password or you believe you have lost or had stolen the device upon which the Services are installed or accessible or you believe that someone other than you have gained access to your Account, you should immediately contact us at info@scoutcare.com. You will remain responsible for your Account until you have notified us.

INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESTRICTIONS

Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Services or products by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any Services except in accordance with these Terms.

You acknowledge that all intellectual property and other rights in any Services, including without limitation any Account and content in the Services are and will remain the property of ours and/or our licensors. As part of the license granted under these Terms, you are only granted limited non-transferrable, non-sublicensable permission (which can be revoked at any time) to use such content or Services, subject to and in accordance with these Terms.

We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services unless required by law.

SUSPENDING OR TERMINATING YOUR ACCOUNT

If, acting reasonably, we consider that:

1. our Terms or any Services rules have or may have been breached or will be breached;
2. there has been fraudulent, unlawful, or abusive activity; and/or
3. it is necessary in order to prevent or stop any harm or damage to us, to any Services, to other users, the general public or to you then:

in our sole discretion, we may at any time: (i) suspend or terminate any or all of your Accounts; and/or (ii) restrict features of the Services.

WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME. UPON REASONABLE NOTICE TO YOU (AND WITHOUT REASON), WE MAY SUSPEND OR TERMINATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.

FUNCTIONING OF SERVICES

We will use reasonable endeavors to maintain the operation of the Services. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control.

We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems, or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software, or services. We also do not guarantee that the Services can be accessed in all geographic locations.

THIRD PARTY SITES AND TECHNOLOGIES

THE SERVICES MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.

ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. WE DO NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.

LIABILITY DISCLAIMER

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

IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us.

You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your use of the Service, (ii) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (iii) any misrepresentations by you, or (iv) your breach of these Terms.

USE OF YOUR PERSONAL INFORMATION

We will use your personal data as set out in our Privacy Policy at [www.scoutcare.com].

GENERAL

These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor, and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms.

If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced.

These Terms are governed by the laws of the state of Illinois. You and we both agree to the exclusive jurisdiction and venue of the state and federal courts in Illinois and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Services.

13. CONTACT US

If you have a question or concern, please send an email to info@scoutcare.com.