LAST UPDATED: 05/11/2024
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON DR. TAIL’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS OF USE, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS OF USE THROUGH BINDING INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
This Terms of Service (this "TOS") is a binding contract between you, an individual user, visitor, or registrant ("you"), and Dr.Tail Inc. (“Dr.Tail”, "we", "us" or "our"), governing your access and use of the software applications that Dr.Tail has made available for download (each, an "App," and collectively, the "Apps”), the Dr.Tail website located at www.drtail.us (and all related subdomains), and any other online properties owned or managed by Dr.Tail, including all related webpages and materials, data, information, photos, or other documentation that appear on the Apps and websites (together with the Apps, the "Services”). Your access to the Services is conditioned upon your acceptance of this TOS. Please read our TOS carefully. IF YOU DO NOT AGREE WITH THIS TOS, YOU SHOULD NOT ACCESS OR USE THE SERVICES.
1. General Terms and Conditions
- Consideration. We provide all users of the Services ("Users") with access to the publicly accessible portions of the Services free of charge. In return for enjoying free or paid-for access to the Services, you acknowledge and agree that Dr.Tail may generate revenues, increase goodwill or otherwise increase the value of Dr.Tail from your use of the Services, and you will have no right to share in any such revenue, goodwill or value whatsoever.
- Changes to this TOS. We reserve the right to change this TOS at any time upon notice to you. We will give notice by posting the updated TOS on the App, posting the updated TOS on the website, sending you an email, or by any other reasonable means. You should periodically review this TOS for changes and you can review the most current TOS at any time at: Terms of Service. The updated TOS will govern your use of the Services as of their effective date, which will be noted when the new terms are posted and announced. If you do not agree to the updated TOS, you should stop using the Services. Your use of the Services after the effective date of the updated version of this TOS will constitute your acceptance of the updated TOS.
- Privacy Policy. Your access to and use of the Services is also subject to Dr.Tail’s Privacy Policy located here https://www.drtail.us/privacy, the terms and conditions of which are incorporated herein by reference.
- Jurisdictional Issues. Dr.Tail makes no representation that materials on the Services are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Services from locations outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.
- Eligibility. THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY DR.TAIL. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Services, you agree to be bound by this TOS, and you affirm that you are at least 18 years of age and you are able to form legally binding contracts.
- Additional Terms. We also may require you to agree to additional terms and/or policies that we make available to you from time-to-time in connection with your use of the Services ("Additional Terms"). Any such Additional Terms are hereby incorporated into and subject to this TOS, and this TOS will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
2. The Services
- Description. The publicly accessible portions of the Services provide Users with general information about our products and services. If you register an account with us on the Services (each, an "Account") as a pet owner (each such person, a "Pet Owner") and download the App for Pet Owners, then you will gain access to features designed to allow you to better manage and track your pet's medical records, appointments and general pet health care needs. If you register an Account as a veterinarian (each, a "Service Provider") and enter into an agreement with Dr.Tail, then we will allow you to download the App for Service Providers, which will provide you with access to additional features designed to enable you to better communicate with Pet Owners and manage your veterinary practice.
- Mobile Services. The Services will be accessible via a mobile phone, tablet or other wireless device (collectively, "Mobile Services"). Your mobile carrier's normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Services and the related Mobile Services must be in accordance with this TOS.
- Messages.
- If you send messages to others using the functionality within the App for Pet Owners, then you hereby represent and warrant that you: (A) will only send such messages to others who have given you their express consent to receive such messages: (B) will indemnify and hold Dr.Tail harmless from any and all claims arising out of your sending such messages; and (C) are responsible for all fees and charges associated with such messages.
- By using the Services, you agree that Dr.Tail and those acting on its behalf may send you text (SMS) messages at the cell phone number you provide to us. Message and data rates apply. You understand and agree that these messages may be sent using an automatic telephone dialing system, may be deemed marketing under applicable law, and that your agreement to receive text messages is not a condition of any purchase or service offered by Dr.Tail. If you change or deactivate the phone number you provided to Dr.Tail, you must update your Account information to help prevent us from inadvertently communicating with anyone who acquires your old number.
- Online Veterinary Consultation and Live Consultation. All information provided through the Services is intended for general guidance only and is not a substitute for the professional medical advice, diagnosis or treatment by a Doctor of Veterinary Medicine who has actually examined an individual’s animal or possesses firsthand knowledge of an animal’s condition. Dr.Tail’s online veterinary consultation services include only general teletriage services (i.e., referral to a veterinarian or not, without rendering a diagnosis) and teleadvice services (i.e., general advice relating to prudent future actions) and do not establish a veterinarian-client-patient relationship.
- Veterinarian-Client-Patient Relationship. Pursuant to the American Veterinary Medical Association, a veterinarian-client-patient relationship (“VCPR”) cannot be established by electronic consultations. Dr.Tail disclaims any and all liability whatsoever in connection therewith. A Pet Owner who opts to use our online veterinary consultation services agrees that: (i) the Pet Owner is the legal owner or guardian of the pet and responsible for all medical decisions for the pet; (ii) the Pet Owner uses the service at its own risk; and (iii) the Pet Owner is entirely responsible for the decisions made based on information provided via the Services. Electronic or phone communications via the Services are not confidential or privileged and will not be the subject of any associated confidences or privileges. You understand and agree that all communications may be recorded for training and quality control purposes. Any advice provided by a Service Provider is for your decision support purposes only to assist you in making your veterinary medical care decision. IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY MEDICAL CARE IMMEDIATELY. NEVER DISREGARD YOUR VETERINARY CARE PROFESSIONAL’S ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANYTHING IN THE CONTENT OR OTHERWISE RELATED TO OUR SERVICES.
- Records. You consent to the exchange and release of information and records between Dr.Tail and your regular veterinarian. Dr.Tail may store your pet's medical records in Dr.Tail’s system. Dr. Tail may collect pet medical records for data aggregation and analysis purposes and may use the aggregated data to improve its Services and develop business opportunities, subject to the terms of Dr.Tail’s Privacy Policy.
- Fees. Pet Owners may or may not be charged for use of Dr.Tail’s online veterinary consultation services and live consultation service.
- You acknowledge and understand that artificial intelligence ("AI") technologies, including but not limited to the services provided herein, may occasionally experience what is commonly referred to as "hallucination". This means that the AI may generate outputs, responses, or conclusions that are unexpected, unintended, or incorrect. While every effort has been made to optimize the accuracy and functionality of the AI, unpredicted mistakes or inaccuracies can and do occur. You hereby assume all risks associated with the use of the AI and releases Dr.Tail, its affiliates, partners, and licensors from any liability arising from or related to any such unpredicted mistakes or inaccuracies. You are encouraged to use discretion and judgment when relying on AI outputs and not to use them as the sole basis for any critical decisions.
Furthermore, on Dr.Tail’s consultation, the AI might identify itself as a "Veterinarian" or "Dr.Tail Vets" due to programming enhancements designed for efficiency. This terminology does not mean that the AI is, or is equivalent to, a licensed veterinarian or provides formal legal counsel. Users are urged not to interpret any information provided by the AI as official veterinarian consultation and should always consult with a licensed veterinarian for any pet’s health and behavior concerns or decisions.
WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
3. Registration
- Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Dr.Tail immediately at support@drtail.us if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Dr.Tail will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Dr.Tail of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 7 below).
- Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as Dr.Tail requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this TOS, cause damage to or impair the Services, infringe or violate any third party rights, damage or bring into disrepute the reputation of Dr.Tail, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Dr.Tail may terminate your Account immediately without notice to you and without any liability to you or any third party.
4. Intellectual Property Rights
- License.
- Pet Owners. If you are a Pet Owner, then subject to your complete and ongoing compliance with this TOS, Dr.Tail hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Services solely for your personal, non-commercial use and solely in strict compliance with the provisions of this TOS.
- Service Providers(Provider). If you are a Service Provider(Provider), then subject to your complete and ongoing compliance with this TOS, Dr.Tail hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Services solely to communicate with Pet Owners and solely in strict compliance with the provisions of this TOS.
- Content. The content that Dr.Tail provides to Users on or through the Services, including without limitation, any text, graphics, photos, video, recordings, software and interactive features, may be protected by copyright or other intellectual property rights and owned by Dr.Tail or its third party licensors (collectively, the "Dr.Tail Content"). Moreover, Dr.Tail solely owns all design rights, databases and compilation and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and any related goodwill. Permission to copy or distribute any materials that appear on the Apps or websites that are owned or copyrighted by others must be obtained from Dr. Tail and/or the third party that owns such content.
- Marks. Dr.Tail trademarks, service marks and logos (the "Dr.Tail Trademarks") used and displayed on the Services are Dr.Tail’s registered and unregistered trademarks or service marks. Other product and service names located on the Services may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with Dr.Tail Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage Dr.Tail or the applicable third-party, Dr.Tail’s or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Services without Dr.Tail’s prior express written consent. All goodwill generated from the use of any Dr.Tail Trademark will inure solely to Dr.Tail’s benefit.
- Restrictions. Dr.Tail hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this TOS or on the Services will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Services or any Dr.Tail Content or Trademarks located or displayed therein.
5. User Content
- Definition. "User Content" means any content that you submit or transmit (collectively, "Post") to the Services, including, without limitation, any photographs, videos, recordings, or other works subject to protection under the laws of the United States or any other jurisdiction. For clarity, User Content excludes any Dr.Tail Content and Feedback (defined in Section 8 below).
- License to Dr.Tail. If you Post User Content to the Services, then you hereby grant to Dr.Tail a worldwide, non-exclusive, transferable, and royalty-free right and license to host, store, transmit, reproduce, disclose, distribute, create derivative works from, publicly perform and display and otherwise use and exploit your User Content, in any media now known or later created, to provide, improve, advertise, promote and market the Services and our business.
- You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content Posted by you on the Services or otherwise have the right to grant the license set forth in this TOS; (ii) the Posting of your User Content on or through the Services and the use of the same as contemplated in this TOS does not and will not violate any right of any third party; (iii) the Posting of your User Content on the Services will not require us to pay any amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Services does not result in a breach of contract between you and a third party.
- Disclaimer. We are under no obligation to edit or control User Content that you Post on the Services, and will not be in any way responsible or liable for User Content. Dr.Tail may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this TOS or is otherwise objectionable, such as, without limitation, User Content that Dr.Tail determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, "Objectionable Content").
6. Recording
You are responsible for compliance with all Laws governing the monitoring or recording of conversations as the user (Pet owner) or provider (Veterinarian). Dr.Tail will record, for example, meetings, webinars, a video call or a phone call. By using the Live Consultation, you authorize Dr.Tail to store recordings for training and quality purposes. You will receive a notification (visual or otherwise) before starting a record. If you do not consent to being recorded, you can choose to leave the Live Consultation.
7. Restrictions on Use of the Services
- In addition to any other restrictions set forth in this TOS, and without limiting those restrictions, when using the Services, you agree not to (and not to attempt to):
- make unauthorized copies of any content made available on or through the Services;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or any activity conducted on the Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Services;
- delete or alter any material Dr.Tail posts on the Services;
- frame or link to any of the materials or information available on the Services;
- alter, deface, mutilate or otherwise bypass any approved software through which the Services are made available;
- use any trademarks, service marks, design marks, logos, photographs or other content belonging to Dr.Tail or obtained from the Services;
- access, tamper with or use non-public areas of the Services, Dr.Tail’s (and its hosting company's) computer systems and infrastructure or the technical delivery systems of Dr.Tail’s providers;
- provide any false personal information to Dr.Tail;
- create a false identity or impersonate another person or entity in any way;
- create a new account with Dr.Tail, without Dr.Tail’s express written consent, if Dr.Tail has previously disabled an account of yours;
- restrict, discourage or inhibit any person from using the Services, or disclose personal information about a third person on the Services without the consent of that person;
- gain unauthorized access to the Services, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
- post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Services or communications equipment and computers connected to the Services;
- interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of those networks or servers;
- post any Objectionable Content; or
- violate any applicable federal, state or local laws or regulations or the terms of this TOS.
8. ACCEPTABLE USE
Use of our Services requires that you comply with acceptable use rules as set forth in these Terms or as posted in our Services. As part of your responsibilities, you agree that you will not, and will not attempt to:
- Use our Services in an unlawful manner;
- Use our Services in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including us and/or your Provider);
- Express or imply that we endorse any statements you make, unless you have our prior written consent;
- Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without containing the prior consent of the owner of such proprietary rights;
- Remove any copyright, trademark, or other proprietary rights notices contained on our Services;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of our Services;
- Interfere with or disrupt our Services, or servers or networks connected to our Services;
- Post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Services;
- Frame or mirror any part of our Services without our prior written authorization;
- Use meta tags, code, or other devices containing any references to us or our Services to direct any person to any other web site for any purpose;
- Interfere with or inhibit any other user from using or enjoying our Services;
- Use our Services as a means to distribute unsolicited or unauthorized communications, advertisements or spam;
- Collect, use or transmit any data or content on our Services that violates any third-party right;
- Create a false identity, impersonate another person or entity, or otherwise misrepresent yourself; or
- Breach or otherwise circumvent any security measures incorporated into our Services.
9. External Sites
The Services may contain links to or the ability to share information with third party websites ("External Sites"). Dr.Tail does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such content located on such External Sites. Dr.Tail is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by External Sites, then you do so at your own risk. You agree that Dr.Tail will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites. Dr.Tail does not endorse any of its Users or User Content.
10. Feedback
If you choose to send Dr.Tail or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply. By sending Feedback to Dr.Tail, you agree that:
- Dr.Tail has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and Dr.Tail is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- You irrevocably grant Dr.Tail a perpetual and unlimited license to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
11. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
- Intellectual Property Policy. Dr.Tail’s intellectual property policy is to (i) remove or disable access to material that Dr.Tail believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Services; and (ii) disable access to the Services by any User that we determine has repeatedly posted material through the Services that includes third party intellectual property that the User does not have permission to make available through the Services.
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dr.Tail to locate the material;
- Information reasonably sufficient to permit Dr.Tail to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information. Dr.Tail’s designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted at:
Via E-mail: support@drtail.us
12. BINDING INDIVIDUAL ARBITRATION AGREEMENT; NO CLASS ACTIONS; JURISDICTION; VENUE; GOVERNING LAW
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.
Most issues can be resolved by contacting Dr.Tail customer service at https://www.drtail.us, by calling 408-471-7939 or by emailing support@drtail.us. However, there may be times when customer service can’t resolve your issue. This section explains how you and Dr.Tail agree to resolve those disputes, claims, or controversies (each a “Dispute”) including (where applicable) by binding, individual arbitration.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without going to court. Instead of a judge or jury, any Dispute between you and Dr.Tail is submitted to a neutral arbitrator for resolution. Arbitration is more efficient for both you and Dr.Tail. The arbitration agreement is reciprocally binding on all parties, such that both you and Dr.Tail are required to arbitrate claims against one another.
Informal Resolution
If customer service is unable to resolve your issue, prior to starting arbitration, you and Dr.Tail agree to attempt to resolve the Dispute informally. You and Dr.Tail agree to make a good-faith effort to negotiate any Dispute for no less than 60 days before commencement of any arbitration proceedings. Those informal negotiations will start on the day you or Dr.Tail receive a written Notice of a Dispute in accordance with these Terms of Use.
You will send your Notice of Dispute to Dr.Tail Legal Department, ATTN: NOTICE OF DISPUTE, support@drtail.us. Include your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want Dr.Tail to do. If Dr.Tail has a Dispute with you, Dr.Tail will send our Notice of Dispute to your registered email address and any billing address you have provided us.
Binding Individual Arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
You and Dr.Tail agree that Disputes will be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”) subject to its Consumer Arbitration Rules in effect at the time the arbitration is commenced (the “AAA Rules”), except to the extent any of those rules conflict with our agreement in these TOS, in which case these TOS will govern. The AAA Rules are available at www.adr.org/Rules.
You and Dr.Tail agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator that makes the final decision and resolves the Dispute. AAA uses experienced professionals to arbitrate Disputes, which helps you and Dr.Tail resolve any Disputes fairly. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.
The arbitrator’s decision is final, except for a limited review by courts under the United States Federal Arbitration Act, and can be enforced like any other court order or judgment.
Disputes We Agree to Arbitrate
You and Dr.Tail agree to submit all Disputes (except those specifically exempted below) between you and Dr.Tail to binding, individual arbitration.
You and Dr.Tail agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
The Informal Resolution and Binding Individual Arbitration sections do not apply to (1) pursuit of enforcement actions through a government agency, if the law allows; (2) an action to compel or uphold any prior arbitration decision; (3) Dr.Tail’s right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; (4) claims of intellectual-property infringement, and (5) the enforceability of the Class Action Waiver clause below.
You and Dr.Tail agree that whether a Dispute is subject to arbitration under these TOS will be determined by the arbitrator rather than a court.
Arbitration Process
To start an arbitration, review the AAA Rules and follow the instructions for initiating an arbitration on the AAA website. The party starting an arbitration must send AAA a letter requesting arbitration and describing your claim (“Demand for Arbitration”), pay a filing fee, and mail a copy of the letter to Dr.Tail. You will send a copy of the Demand for Arbitration to Dr.Tail, Legal Department, ATTN: ARBITRATION OF DISPUTE, support@drtail.us. Dr.Tail will send any Demand for Arbitration that we start to your registered email address and any billing address you have provided us.
The arbitration will be conducted by a single AAA arbitrator selected with experience in resolving commercial-contract disputes. You and Dr.Tail both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these TOS.
The arbitrator will resolve the Dispute. Unless you and Dr.Tail agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
The arbitrator may only award legal or equitable remedies that are requested by you or Dr.Tail to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator may not award relief against Dr.Tail respecting any person other than you.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
If the claims asserted in any Demand for Arbitration could have been brought in small claims court, then either you or Dr.Tail may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.
Arbitration Fees and Location
If you start the arbitration, you must pay the AAA filing fee required for consumer arbitrations.
In some situations, Dr.Tail will help with your fees to get us to a resolution quickly and fairly:
In the event that the administrative fees, arbitrator fees, and filing fees associated with the arbitration exceed $100.00 United States Dollar (“USD”), Dr.Tail agrees to pay any such administrative, arbitrator, and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator.
If you demonstrate that arbitration costs will be prohibitive compared to litigation costs, Dr.Tail will pay as much of your AAA costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
The fee assistance offered above is contingent upon you bringing the arbitration claim in “good faith.” If the arbitrator finds you brought an arbitration claim against Dr.Tail for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the AAA rules.
Attorneys’ fees and costs and AAA costs are not counted when determining how much a Dispute involves.
Dr.Tail won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the AAA rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
If an in-person hearing is required, any arbitration will be held in a reasonably convenient location in the United States state in which you reside or at another mutually agreed location.
Confidentiality of settlement offers
During any arbitration, the amount of any settlement offer made by Dr.Tail or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dr.Tail is entitled.
Arbitration Survival
This Binding Individual Arbitration section survives any termination of these TOS or Dr.Tail’s provision of services to you.
Arbitration Changes
Although Dr.Tail may revise these TOS in its discretion, Dr.Tail does not have the right to alter these TOS to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises.
Class Action Waiver
To the maximum extent permitted by applicable law, you and Dr.Tail hereby waive the right to assert claims in any class or representative action and you and Dr.Tail agree to only bring Disputes in an individual capacity and shall not (1) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or (2) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these TOS and all other actions or arbitrations.
Arbitration will therefore only decide the individual claims of you and Dr.Tail; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Dr.Tail under this agreement.
With the exception of this Class Action Waiver subpart, if any part of the arbitration agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
However, if this Class Action Waiver subpart is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration agreement shall be null and void, and neither you nor Dr.Tail shall be entitled to arbitrate the Dispute. In such event, you agree to bring any and all claims arising out of or related to these TOS or use or attempted use of the Services in accordance with the Governing Law and Jurisdiction section below.
Jury Trial Waiver
If a dispute proceeds in court rather than through arbitration, you and Dr.Tail each waive any right to a jury trial.
Opt-Out
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, THEN YOU MUST NOTIFY DR.TAIL IN WRITING WITHIN 60 DAYS AFTER REGISTERING AN ACCOUNT WITH DR.TAIL OR AFTER YOUR FIRST USE OF THE SERVICES, WHICHEVER OCCURS FIRST. Your written notification must include your (1) name, (2) postal address, (3) the date you began using the Services, and (4) a clear statement that you wish to opt out of the Arbitration Agreement. You must mail the notification to Dr.Tail at Dr.Tail, Legal Department, ATTN: ARBITRATION OPT-OUT, 1730 Minor Ave Suite 1050, Seattle, WA 98101. Any opt-out postmarked more than 60 days after your first use of the services will not be valid. Please retain a copy of the opt-out notice for your records. If you wish to exercise your right to opt-out of the arbitration agreement, a copy of the opt-out notice must accompany any notice of Dispute. Exercising this opt-out right will not affect your ability to use the Services.
Governing Law and Jurisdiction
Any Dispute by you arising out of or related to these TOS or use or attempted use of the Services shall be governed by Washington state law, without regard to conflict of laws rules. For any Disputes deemed not subject to binding individual arbitration, as provided herein, or if the Class Action Waiver subpart of the arbitration agreement is ever deemed invalid, unenforceable, or illegal, you and Dr.Tail irrevocably consent to submit to the exclusive jurisdiction of the federal and state courts in King county, Washington state, United States of America. You and Dr.Tail agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these TOS. This paragraph will be interpreted as broadly as applicable law permits.
13. Limitation of Liability and Disclaimer of Warranties
THE FOLLOWING TERMS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
- NEITHER DR.TAIL NOR ITS AFFILIATES (COLLECTIVELY, THE “DR.TAIL PARTIES") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES AND ANY CONTENT AVAILABLE ON THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE DR.TAIL PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICES, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. THE SERVICES AND ANY CONTENT THEREON IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE OR LOSS. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICES.
- THE DR.TAIL PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, OR THAT THE SERVICES AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES, WORMS, OR OTHER CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO DR.TAIL PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
- THE SERVICES AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE DR.TAIL PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT WILL ANY DR.TAIL PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICES AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DR.TAIL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DR.TAIL’S LIABILITY, AND THE LIABILITY OF ANY OTHER DR.TAIL PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.
14. Third Party Disputes
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE DR.TAIL PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
15. Indemnification
You hereby agree to defend, indemnify, and hold Dr.Tail and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, suppliers, and licensors (“Indemnified Persons”) harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Services; (b) any violation by you of this TOS; or (c) your violation of any other party’s rights or applicable law.
16. Term and Termination of the TOS
- Term. As between you and Dr.Tail, the term of this TOS commences as of your first use of the Services and continues until the termination of this TOS by either you or Dr.Tail.
- Termination. You may terminate this TOS by sending written notification to Dr.Tail at support@drtail.us, deleting the applicable App from your mobile device and terminating all other uses of the Services. Dr.Tail reserves the right, in its sole discretion, to restrict, suspend or terminate this TOS and your access to all or any part of the Services at any time without prior notice or liability if you breach any provision of this TOS or violate the rights of any third party copyright owner. Dr.Tail may further terminate this TOS immediately for any other reason with or without notice to you, using the email address associated with your account credentials. Dr.Tail reserves the right to change, suspend or discontinue all or any part of the Services at any time without prior notice or liability.
- Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and all defined terms used therein will survive the termination of this TOS indefinitely.
17. Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. Miscellaneous
You agree that no joint venture, partnership, employment or agency relationship exists between you and Dr.Tail as a result of this TOS or use of the Services. If any provision of this TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this TOS, which will remain in full force and effect. Failure of Dr.Tail to act on or enforce any provision of this TOS will not be construed as a waiver of that provision or any other provision in this TOS. No waiver will be effective against Dr.Tail unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. This TOS constitutes the entire agreement between you and Dr.Tail with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein; provided, for clarity, that this TOS does not supersede any subscription agreement between you and Dr.Tail, and any such agreement will continue in effect in accordance with its terms. The Section headings are provided merely for convenience and will not be given any legal import. This TOS will inure to the benefit of our successors and assigns. You may not assign this TOS or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Dr.Tail.
19. Contact Us
If you would like to contact us in connection with your use of the Services, please contact us at support@drtail.us.
20. NOTICE REGARDING APPLE
You acknowledge that this TOS is between you and Dr.Tail only, not with Apple, and Apple is not responsible for any App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any App. Apple is not responsible for addressing any claims by you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (1) product liability claims; (2) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that any App or your possession and use of any App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using any App. Apple, and Apple's subsidiaries, are third party beneficiaries of this TOS, and upon your acceptance of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you as a third party beneficiary of this TOS. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If Dr.Tail provdes a translation of the English language version of this TOS, the translation is provided solely for convenience, and the English version will prevail.
21. Open Source Software
The Apps may include the following open source software owned by third parties:
- AFNetworking
- Facebook-android-SDK
- Facebook-ios-SDK
- Google-android-SDK
- Google-ios-SDK
The following open source software is governed by the MIT License:
- AFNetworking: Copyright (c) 2011-2016 Alamofire Software Foundation.
;
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The following open source software is governed by an MIT-like license:
- Facebook-android-SDK
- Facebook-ios-SDK
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.
The following open source software is governed by an MIT-like license:
- Google-android-SDK
- Google-ios-SDK
Copyright (c) 2014-present, Google, Inc. All rights reserved.
You are hereby granted a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Facebook.
You are hereby granted a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Google.
As with any software that integrates with the Facebook platform, your use of this software is subject to the Facebook Developer Principles and Policies [http://developers.facebook.com/policy/]. This copyright notice shall be included in all copies or substantial portions of the software.
As with any software that integrates with the Google platform, your use of this software is subject to the Google Developer Principles and Policies [http://developers.google.com/policy/]. This copyright notice shall be included in all copies or substantial portions of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name Facebook nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
- Neither the name Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.