IF THIS IS A VETERINARY OR MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 OR VISIT YOUR LOCAL APPLICABLE EMERGENCY FACILITY IMMEDIATELY
THE INFORMATION PROVIDED ON OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE USED AS VETERINARY OPINION OR ADVICE
BY USING THIS WEBSITE AND/OR THE SERVICES NO PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND LUNA VETERINARY, INC.
Please read the following Terms and Conditions (these “Terms”) carefully before using the LUNA VETERINARY, INC. (“Luna,” “we,” “our,” or “us”) website located at https://www.lunavetcare.com, or participating in the use of this mobile application or anyonline features, application, products, services and/or programs offered by us (collectively, the “Services”). These Terms apply to use of the Services.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Services, you are entering into a legal contract with us regarding your use of the Services. You agree to be bound by these Terms and all additional terms incorporated by reference, including the arbitration provision set forth in these Terms. If you do not agree to these Terms, you should delete the Services from your device and not access or otherwise use the Services. Your continued use of the Services signifies your acceptance of the Terms.
- How The Services Works. By using the Services, you may view general non-veterinary and non-medical information provided on our website and application. No veterinary services are provided to you by use of the Services. All veterinary services require a live-in person consultation with a licensed veterinary professional.
- License to use the Services.
- Use of the Services. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Services for your personal use. By merely providing you access to, and use of, the Services, we do not warrant or represent that:
- any statement, documents, images, graphics, logos, designs, information, review, audio, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete;
- the Content is up-to-date or current;
- we have any obligation to update any Content;
- the Content is free from technical inaccuracies or programming or typographical errors;
- the Content is free from changes made by third parties;
- your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or
- any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.
- Restrictions on Use. You may not:
- remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Service or any Content contained therein;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us;
- decompile, reverse engineer, jeopardize the correct functioning of the Services, or disassemble the Services, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Services, except as may be permitted by applicable law;
- cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks;
- use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation;
- impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;
- use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity;
- Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability, physical appearance, body size, or religion; or
- Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same;
- Use the Services for medical and/or veterinary treatment or diagnosis;
- Use or uploading content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by Luna in its sole discretion.
- The Services may now or in the future permit you to upload or post to the Services or otherwise submit to Luna various forms of content, such as statements, reviews, ratings, opinions, information, text, graphics, questions, suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about you, or any other content of any kind whatsoever that you publish to the Services (collectively, “User Content”).
- You warrant to Luna that you own all rights in your User Content or all third-party holders of rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. By submitting any User Content in any form to Luna, in addition to other provisions of these Terms, you automatically grant Luna, its parent companies, subsidiaries, affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, and/or display such User Content, without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else.
- We reserve the right, in our sole discretion, to review and approve User Content before or after it is made available to other users of the Services. Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Services, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that Luna, our site moderators (if any) and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Services that, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor Luna’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- User Account. To access certain features, Content and/or User Content available through the Services, we may require that you sign up for an account that you can link to the Services or by using your first name, last name, email address and a password to create a User Account and profile about you (a “Profile”). If you do not create a User Account and Profile, you may not have access to certain functionality of the Services. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet or other wireless connections, is secure, or that such transmissions are free from delay, interruption, interception or error.
- Accurate Information. In creating and using your User Account and Profile, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Services, including, but not limited to, your full name and email address (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
- Non-Transferability of User Account. Each user is only permitted to have one User Account. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with his or her username and password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any user of your User Account.
- Account Deactivation. We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (vi) you act in a fraudulent or an inappropriate manner while using the User Account; and/or (vii) for any reason, or no reason, as determined by Luna. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.
- No Warranties for Services. When using the Services, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content or any other information transmitted in connection with the use of the Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CONTENT, THE USER CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS AND PARTIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES (E.G., THIRD PARTY PROVIDERS, RESTAURANTS, PEOPLE). YOU UNDERSTAND THAT LUNA DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE WEB PROPERTIES, NOR DOES LUNA VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS, ADVICE OR RECOMMENDATIONS OF ANY SUCH USERS OF THE WEB PROPERTIES THAT MAY BE POSTED ONLINE. YOU ACKNOWLEDGE THAT LUNA IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION INCLUDED IN THE SERVICES AND LUNA IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, A THIRD-PARTY PROVIDER), WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.
- Indemnification. You agree to defend, indemnify, and hold harmless Luna and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties against Luna as a result of your use of the Services; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.
- Your Responsibilities. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Services, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all User Content made available through the Services, you will remain responsible for your User Content. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Services. Luna is not responsible for an individual’s submissions, the quality of critiques and other actions of individual users.
- Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, all Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
When notifying us of potential infringement, you must include the following:
- identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works are involved, then a representative list of those works on the Services;
- identification of the allegedly infringing material that is to be removed;
- information reasonably sufficient to permit us to locate the allegedly infringing material on the Services;
- contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that use of the material is in fact infringing and not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the information set forth in the notification is accurate and, where relevant, that the complaining party is authorized to act on behalf of the copyright owner; and
- the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:
- identification of the allegedly infringing material that was removed or disabled;
- a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of alleged infringement with a copy of the counter-notification, and inform the complaining party that we intend to restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled content. Until that time, your content will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, firstname.lastname@example.org, or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent 1833 W Main St Ste 125, Mesa, AZ 85202.
Before filing notice of copyright infringement, you must make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
You and Luna agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Luna are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
If you desire to assert a claim against Luna, and you therefore elect to seek arbitration, you must first send to Luna, by certified mail, a written notice of your claim ("Notice"). The Notice to Luna should be addressed to: Luna 1833 W Main St Ste 125 Mesa AZ 85202 ("Notice Address"). During the arbitration, the amount of any settlement offer made by Luna or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Luna and you agree otherwise, any arbitration hearings will take place in the State of Arizona. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Luna’s last written settlement offer made before an arbitrator was selected (or if Luna did not make a settlement offer before an arbitrator was selected), then Luna will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any.
YOU AND LUNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Luna agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in the State of Arizona. Both Luna and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable. Nothing herein shall prevent either party from seeking injunctive relief or specific performance in any court of competent jurisdiction. If Luna seeks injunctive relief or specific performance, it shall not be required to post a bond or similar undertaking.
Your Consent To These Terms of Service
By accessing and using the Services, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Services. Your use of the Services following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Services that you think is inappropriate, please let us know by sending your comments or requests to: