TERMS OF SERVICE
Acceptance of Terms
Medical Coherence LLC and MedcoVet (collectively, hereinafter referred to as “the Company”) provide a mobile application or link via the Company’s website (collectively, hereinafter referred to as “MedcoVet App” or “App”) that facilitates communication between veterinary professionals (“Service Providers”) and their clients during use of the MedcoVet Laser (“Clients”) and a hand-held device (herinafter referred to as “Device”) for treating animals with light. By using the MedcoVet App with the Device, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“TOS” or “Terms”). These Terms govern your access to and use of the MedcoVet App and constitute a binding legal agreement between you and the Company.
In these Terms, “you” and “your” refer to the Client who uses the MedcoVet App in conjunction with the Device. “We”, “us”, or “our” refers to the Company.
“Content” means text, graphics, images, software (excluding the Application—why is this excluded? Why say this? Just to distinguish from content?), audio, video, information and/or other materials available, appearing or used on the App.
“Service Provider” means a veterinary professional chosen or approved by the client who communicates with Clients through the MedcoVet App.
“Client” means a person who downloads and utilizes the App with the Device.
“Renter” means a person who rents a MedcoVet Laser.
“Buyer” means a person who buys a MedcoVet Laser.
BY ACCESSING OR USING THE MEDCOVET DEVICE OR MEDCOVET APP AND/OR WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE APPLICATION OR CONTENT.
The MedcoVet App is intended solely for persons who are 18 or older and are residents of the United States. Any access to or use of the MedcoVet App by anyone under 18 is expressly prohibited. By accessing or using the MedcoVet App, you represent and warrant that (i) you agree to be bound by these Terms; (ii) you are 18 or older; (iii) you are otherwise able to form legally binding contracts; and (iv) you are a U.S. resident.
The MedcoVet App
The MedcoVet App is a conduit where Clients using the MedcoVet Laser can receive information, including instructions and treatment protocol, from veterinarians, veterinary assistants and technicians, and/or other veterinary clinicians (collectively, “Service Providers”) on how to treat pets (“Services”). In order to use the App, the Client must first download the MedcoVet App to a mobile phone The Company’s role is solely to facilitate the availability of the App and to provide a platform to deliver the Services, such as Treatment Protocol facilitation and payment integration. You understand and acknowledge that (i) we are not medical professionals and do not provide medical advice to the Client; (ii) Service Providers are not employees or agents of the Company, but are independent professionals who provide advice to Clients; and (iii) the Service Provider(s) and Client make the ultimate decision on treatment.
You acknowledge that the Company is not responsible for any loss or damage caused by your use of the App and/or reliance on information provided by Service Providers during the use of the MedcoVet App.
All information provided through the MedcoVet App represents the Clinician’s or Provider’s recommended treatment. Always seek the advice of your veterinarian or other qualified veterinary health provider of your choice with any questions you may have regarding a medical condition. If you believe your pet may have a medical emergency, call your veterinarian immediately.
You agree that if, at any time, you have a concern about the MedcoVet Laser’s safety or operation, you will discontinue use and contact us immediately at firstname.lastname@example.org.
PLEASE NOTE THAT THE MEDCOVET APP AND MEDCOVET WEBSITE ARE INTENDED MERELY TO FACILITATE USER INTERACTION. NEITHER THE COMPANY NOR THE SERVICE PROVIDER ARE RESPONSIBLE FOR AND BOTH HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL INFORMATION PROVIDED BY OR THROUGH THE APP. ACCORDINGLY, ALL CLIENTS USE THE APP AT THEIR OWN RISK.
In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to the Company or its third party payment processor. You agree to pay the Company for any purchase or rental of a MedcoVet Laser by one of the payment methods described on the MedcoVet App. You hereby authorize the collection of such amounts by charging the credit card provided by one of the payment methods described on the App, either directly by the Company or indirectly, via a third party online payment processor. If you are directed to the Company’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy statement before using the MedcoVet App.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the MedcoVet App.
In connection with your use of the App, you may not and you agree that you will not:
- use the MedcoVet App for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the MedcoVet App for purposes not expressly permitted by these Terms;
- use, display, mirror or frame the MedcoVet App, or any individual element within the App, Company names or trademarks, logos or other proprietary information, the Content, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the MedcoVet App; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The App and the Device are intended to be used and should only be used in connection with the treatment of an animal. You acknowledge, understand and agree that the App and the Device are not intended for use and will not be used for the treatment of or for any other purpose related to humans.
The Company may investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. The Company has no obligation to monitor your access to or use of the MedcoVet App, but has the right to do so in its sole discretion.
The Company reserves the right, at any time and without prior notice, to remove or disable access to the MedcoVet App that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the MedcoVet App.
Ownership of the App and Services
The App and the Services provided by the Company through the App and all intellectual property rights to the same (collectively, “Materials”) are owned or licensed by the Company. The Company hereby grants you permission to use the App as set forth in these Terms but nothing in these Terms shall be construed to confer upon you any license of or under any of the Company’s intellectual property rights in the Materials.
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of the Company (collectively, “Company intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with the Company’s consent.
Except as otherwise indicated on the App or in these Terms, copying, reproducing, uploading, downloading, transmitting or any other use of the App or of any of the Materials, in whole or part, without the express permission of the Company, is prohibited. Any unauthorized access to, use or copying of the App and/or the Materials may subject you to liability under applicable law, and may result in legal action. Any other logos, trade names and any other proprietary designations are the trademarks of their respective parties.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the MedcoVet App on any compatible device that you own or control and run such copy of the App solely for your own personal use. The Company reserves all rights in the App not expressly granted to you by these Terms. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the App except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
Ownership of Your Content
In connection with your use of the App and our Services, you may give us permission to upload photographs, feedback, commentary and other content from the App (“your Content”). In providing us with your content, you assert that you have the right of ownership or use of your content that you provide to us.
The MedcoVet App may contain links to third-party websites, applications, social media features or resources (collectively, “other sites”) which are governed by their respective policies and terms. The Company shall not be responsible or liable for: (i) the availability or accuracy of other sites; or (ii) the content, products, or services on or available from other sites. Links to other sites do not imply any endorsement by the Company of such other sites or the content, products, or services available from such other sites. You are solely responsible for and assume all risk arising from your use of other sites and the content, products or services on or available from them. We encourage you to review the policies and terms governing other sites.
If you are asked to use a password, you will be responsible for maintaining the confidentiality of your password. You agree not to (i) use the account, username or password of any other user of the App at any time, (ii) share your account, or (iii) disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized access to or use of your account or password. You are solely responsible for any and all use of your account and password.
Termination and Account Deactivation
We may, in our sole discretion, with or without cause, with or without prior notice and at any time terminate these Terms or your access to the MedcoVet App. You may cancel your access to the MedcoVet App at any time by contacting the Company. Please note that if your access to the MedcoVet App is cancelled, we do not have an obligation to delete or return to you any of your Content you have provided to us to post to the App, including, but not limited to, any photographs, videos, notes, testimonials or feedback.
Copyright Infringement - Notice and Take-Down Policy
The Company values intellectual property and respects the intellectual property rights of others, and will remove materials on its App that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this App, then you should notify the Company, in writing as follows:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
identification of the copyrighted work(s) that is (are) allegedly being infringed;
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow the Company to locate such materials;
- contact information (i.e., name, address, email address) sufficient to enable the Company to contact you;
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
You understand that the information available via the MedcoVet App is NOT intended as a substitute for regular veterinary care for any of your pets or animals, nor for in-person veterinary diagnostics and care. The Company is not a veterinarian, or a veterinary practice, and does not provide veterinary advice, and the Service Provider is solely responsible for the accuracy of any veterinary advice provided through the MedcoVet App.
You are solely responsible for reliance on any information obtained through the MedcoVet App. If you think your pet is sick, injured, or in need of medical attention, refrain from using the MedcoVet laser and contact your provider or local emergency animal hospital immediately. The MedcoVet App is NOT a substitute for emergency veterinary care and is NOT intended for advice or consultations regarding immediate emergency attention.
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY USING THE MEDCOVET APP AND DEVICE, YOU DO SO AT YOUR OWN RISK, THAT YOU ARE ENTIRELY RESPONSIBLE FOR YOUR RELIANCE ON THE CONTENTS FOUND IN THE APP, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES OR FROM YOUR RELIANCE ON THE CONTENTS OF THIS APP OR ANY RELATED SITES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF MEDCOVET APP AND/OR MEDCOVET WEBSITE AND ANY CONTACT YOU HAVE WITH OTHER CLIENTS REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MEDCOVET APP AND/ OR MEDCOVET WEBSITE, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR FOR THE COST OF SUBSTITUTE PRODUCTS FOR MEDCOVET WEBSITE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE MEDCOVET APP AND/OR MEDCOVET WEBSITE FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE MEDCOVET APP AND/OR MEDCOVET WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MEDCOVET APP AND/OR MEDCOVET WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, indemnify, and hold the Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the MedcoVet Appand/or MedcoVet Website, or your violation of these Terms; (b) your Content and (c) your (i) interaction with any Client, and (ii) reliance on any information exchanged via the MedcoVet App and/or MedcoVet website. The Company shall have the right to control all defense and settlement activities in the event any claim or action arises from or in connection with this indemnification.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company by posting via the App, Website and/or, in the Company’s sole discretion, via email (in each case to the email address that Users provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms are intended to govern the agreement between the Company and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the MedcoVet App and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the same.
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
U.S. Export Controls
Software from or related to this App (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the App. No Software may be downloaded from the App or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Contacting the Company
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:
We may collect demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application.
We collect information that our servers automatically collect when you access the Application, such as your native actions that are integral to the Application, including treatment, updating patient status, uploading pictures and videos, as well as other interactions with the Application and other users via server log files (collectively, “information”). However, this information will only be shared with your chosen veterinarian(s), unless we obtain your consent to share such information with third parties, including but not limited to other pet owners, other veterinarians and veterinary and other professionals, including but not limited to therapy clinicians (collectively, “service providers”), and other users of the Application.
Mobile Device Access
We may request access or permission to use certain features from your mobile device, including your mobile device’s bluetooth, calendar, camera, microphone, reminders, SMS messages, storage and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
With our consent, if you connect your account to a third party such as Facebook, you may post information, including but not limited to images and messages, from the Application on Facebook and other third party social media applications or websites, provided that you agree to limit the disclosure of such information to. We will not collect your information from third party social media sites or websites to which you connect.
Data from Surveys
With your consent, we may ask you to respond to surveys or questionnaires on the Application or by electronic mail. Any personal information you provide in response to such surveys or questions may be used by us as aggregated data. Otherwise, we will not share any survey or questionnaire responses without your consent.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:
- Compile anonymous statistical data and analysis for use internally or with third parties.
- Enrich our database to improve suggestions on treatment and protocols.
- Create and manage your account.
- With your consent, deliver, coupons, newsletters, and other information regarding promotions and the Application to you.
- With your consent, email you regarding your account or order.
- Fulfill and manage purchases, orders, payments, and other transactions related to the Application.
- Generate a personal profile about you to make future visits to the Application more personalized.
- Help us improve and enhance the Application experience for all of its visitors, and customize the content on our Application, for compliance with our legal and regulatory obligations, which we may do without your consent,
- Monitor and analyze usage and trends to improve your experience with the Application.
- Notify you of updates to the Application.
- With your consent, offer new products, services, mobile applications, and/or recommendations to you.
- Perform other internal business activities as are required to maintain the Application and its functions.
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
- Process payments and refunds.
- With your consent, request feedback and contact you about your use of the Application.
- Resolve disputes and troubleshoot problems.
- Respond to product and customer service requests.
- With your consent, solicit support for the Application.
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
With your consent, we may share your information with third parties for marketing purposes, as permitted by law. You may withdraw your consent at any time by contacting us at email@example.com.
With your consent, we may share your information with our business partners to offer you certain products, services or promotions. You may withdraw your consent at any time by contacting us at firstname.lastname@example.org.
Other Third Parties
With your consent, we may share your information with investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, but only with your consent. You may withdraw your consent at any time by contacting us at email@example.com.
Your personal information and information about your pet or pets that is transmitted to the veterinarian of your choice through the Application may be shared with other veterinarians and service providers for the purpose of providing services to you and your pet.
Opting In and Opting Out of Electronic Communications
At certain points where personal information is collected on the Application, there will be a box to indicate that you wish to receive certain information or communications from us. You must opt in to receive electronic communications, such as emails from us. You may also opt-out of receiving any such communications in the future at any time. In all of our electronic communications you will be given the opportunity to opt out of receiving future communications.
In addition to having the ability to opt-out of receiving electronic communications, such as emails from the Company (to unsubscribe, click “unsubscribe” button at the bottom of such emails), users may access, review and, in certain situations, update, revise and/or delete certain personal information by accessing and editing their accounts on the Application or by sending an e-mail to our privacy officer at firstname.lastname@example.org. Additionally, please note that while you may request the updating, revision or deletion of such information, a copy of the unrevised information may be maintained in the Company’s records after any such revision or deletion. You may also opt-out of receiving communications from us by:
- Noting your preferences at the time you register your account with the Application
- Logging into your account settings and updating your preferences.
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
Acquisition of Business
Links to Other Applications, Websites and Services
The Application may contain links to various other applications and/or websites (collectively, “sites”). These sites may seek to collect from your user information voluntarily or may otherwise collect certain information (for example, your IP address). Please be aware that these other sites may have different privacy policies that may subject users to different privacy practices. Please review the privacy policies of such other sites for information concerning what information is collected on such sites and how it is used.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
Cookies and Web Beacons
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
In the unlikely event that we determine that there may have been a security breach that results in the unauthorized disclosure of personal information to a third party, we will promptly notify any users whose personal information it reasonably believes may have been compromised by posting information on the Application and, if email contact is possible, then also by sending an email notification with respect to the situation.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
OPTIONS REGARDING YOUR INFORMATION
You may at any time review or change the information in your account or terminate your account by:
- Logging into your account settings and updating your account
- Contacting us using the contact information provided below
CALIFORNIA PRIVACY RIGHTS
Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of personal information that had been so disclosed unless the company has a policy of not disclosing such information if the user has exercised an option to opt out of such information sharing. The Company only shares users’ e-mail addresses with third parties with your consent, and does not disclose your Personal Information to third parties for the third parties’ direct marketing purposes without your consent. The Company also provides you with an opportunity to withdraw your consent at any time. Because the Company requires consent and provides the opportunity to withdraw that consent, the Company does not have to provide you with such lists. For the avoidance of all doubt, these consent options are available for all users and are not just limited to California users. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures under California law, you may send an email to us at email@example.com.