PetCare Plus: Legal

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BY SIGNING ON AND USING OUR WEBSITE OR SIGNING UP FOR ONE OF OUR PREPAID PLANS, YOU SPECIFICALLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. The following terms and conditions govern the use by you of the [Wild Dog, LLC] ("Wild Dog") website including, but not limited to, www.mypetcareplus.com. The terms and conditions set forth in this User Subscription Agreement (hereinafter this "Agreement") apply to all materials, Prepaid Plans, online communications and other information and materials that are or become available on this Website.

As used in this Agreement, the terms "you", "your", "subscriber" or "user" all refer to the person using the Website and/or our Prepaid Plans in any way. As used in this Agreement, the terms "we", "its", "us" or "our" all refer to Wild Dog.

You expressly understand that all information submitted by you to this Website might potentially be publicly accessible. Important and private information should be protected by you. Wild Dog is expressly not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use. For more information concerning your privacy, you should review our Privacy Policy, which is hereby incorporated into this Agreement by this reference.

Scope and Changes. This Agreement shall apply to your use of our Website as well as your use or purchase of any Prepaid Plans that are currently offered through this Website or may be offered in the future. As used herein, the term "Prepaid Plans" shall refer to one or more veterinary wellness plans that are provided through a respective service provider on this Website that provide preventative health care to pets. Wild Dog reserves the right to change, add, remove or modify any provisions of this Agreement at any time. You are responsible for checking this Agreement periodically for any changes. Using this Website or purchasing any Prepaid Plans after we post any changes to this Agreement or otherwise notify you of such changes, indicates your acceptance to those changes.
Use of Website and Prepaid Plans. Wild Dog hereby grants you a non-exclusive, non-transferable, limited right to use this Website and the material provided hereon for your personal use only. These rights may not be assigned, transferred or sublicensed without the prior written consent of Wild Dog. You agree to be financially responsible for all Prepaid Plans that you register your pets for using this Website. You agree that any Prepaid Plan that you register your pet(s) for is non-transferable to any pet(s) not registered for the Prepaid Plan. By using this Website and/or any Prepaid Plan(s), you agree to be contractually obligated to the terms and conditions of this Agreement. In the event you do not comply with the terms and conditions of this Agreement, Wild Dog reserves the right to cancel or terminate your account and/or access to this Website and/or any of your rights under any respective Prepaid Plan.
Service. You expressly agree that Wild Dog, without prior notice or liability, may discontinue, modify, terminate, cancel, or alter any aspect of any Prepaid Plan(s) or this Website. You agree that Wild Dog shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or any Prepaid Plans, except for a refund of any fees or charges prepaid by you with respect to any Prepaid Plan(s). You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to this Website and/or any Prepaid Plan(s), or any policies or practices by us in providing this Website or any Prepaid Plan(s), including without limitation any change in content or any change in the amount or type of fees or charges associated with a respective Prepaid Plan, is to cancel or terminate your Prepaid Plan(s) or registered user account. You agree and understand that certain portions, content and features of this Website may only be made available to individuals who purchase a Prepaid Plan.
Fees. As a purchaser of a respective Prepaid Plan, you agree to the following terms and conditions as it relates to the fees charged for any respective Prepaid Plan.
1. As it relates to Prepaid Plans, you agree to pay using a valid credit card (or any other form of payment which we agree to accept), the fees, applicable taxes, and other charges (including any applicable monthly or annual charges) in connection with your right to receive the benefits offered under any Prepaid Plan. The charges and fees on this Website are expressed in U.S. dollars and your credit card or other account will be charged in U.S. dollars. You agree that Wild Dog may increase or decrease any applicable charges and/or fees at any time, upon reasonable advance written notice, which may be accomplished via the Website or by written or electronic communication. You agree to allow Wild Dog to automatically charge your credit card or other account without obtaining prior authorization at the time payment is due for any given billing period, unless you terminate or cancel your respective Prepaid Plan before the relevant charge period begins. If Wild Dog is unable to process your payment, we reserve the right to terminate your rights under any respective Prepaid Plan at our sole discretion.
2. You represent and warrant that you have provided us with true, accurate and complete information as required by the subscription or sign up process on our Website as it relates to signing up for any Prepaid Plan. You agree that we may share your information with certain third parties for the purpose of verifying the information you provided to us is true and correct. You agree that it is your responsibility to maintain and promptly update your information to en-sure that it is accurate and up to date. If it is determined by us that you have provided us with any information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your access to our Website and/or your rights under any Prepaid Plan at any time.
3. If you cancel your subscription to any Prepaid Plan at any time for any reason, you agree and acknowledge that you are not entitled to a refund of any fees paid for said Prepaid Plan. If you choose to cancel your Prepaid Plan before the end of the yearly billing period associated with said Prepaid Plan and have received veterinary services under said Prepaid Plan, you agree to pay for all of the services rendered to you or your pets under the Prepaid Plan. Wild Dog reserves the right to collect any fees due at the time of termination or cancellation.

Termination. Unless you or Wild Dog terminates or cancels your subscription to our Website and/or any Prepaid Plan(s), your subscription(s) to your Prepaid Plan(s) will automatically renew for successive terms according to the terms and conditions of this Agreement. Both parties may terminate this Agreement at any time for any reason. You understand and agree that the cancel-lation or termination of your account with Wild Dog is your sole right and remedy with respect to any dispute you may have with Wild Dog and/or any of the terms and conditions of any Prepaid Plan. Upon cancellation or termination of your subscription to any Prepaid Plan(s), we may, at our sole discretion, deactivate your account and not allow any further access by you to your account or our Website. Termination of your subscription immediately terminates any and all of your rights to any of the benefits provided under any respective Prepaid Plan.
Access to Website. You agree that you are responsible for providing and maintaining all software and hardware required to access our Website. You agree that Wild Dog is not responsible for any charges and/or fees associated with using your computer to connect to our Website and/or have access to any Prepaid Plans.
Account Information. You are solely responsible for maintaining the confidentiality of your account information, including, but not limited to, your user identification, password and credit card information. Wild Dog is not responsible for any unauthorized disclosure of your account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, unauthorized disclosure of account information or any known or suspected breach of security. You are solely responsible for any and all activities which occur under your user account or subscription. You agree that Wild Dog is not responsible for paying any amounts billed to your credit card by a third party which were not authorized by you whether or not such charged amounts were the result of the use of the Website and/or Prepaid Plans.
Availability of Prepaid Plans. You agree and recognize that the availability of any Prepaid Plans is limited based on demographic, geographic, physical or other similar criteria, which shall be defined by Wild Dog at its sole discretion. If you fail to satisfy limitations we set based on demographic, geographic, physical or other similar criteria, or if we terminate your subscription to any Prepaid Plans prior to the end of an applicable period, you agree that all fees and charges assessed by us are nonrefundable.
Disclaimer. This Website and the Prepaid Plans are intended only to assist users with their veterinary needs. None of the information provided on this Website should be viewed as constituting veterinary advice or diagnosis as it relates to the health of any of your pets. You agree that you should consult with your respective veterinarian before signing up for any Prepaid Plan or for any specific medical needs of your pets.
Restrictions on Use of Material. You acknowledge that this Website may contain content that is protected by various intellectual property or proprietary rights, including, but not limited to, copyrights and trademarks. You expressly agree not to copy, distribute, display, create derivative works of, or in any way exploit, any of the content contained on this Website without first obtaining the prior written consent of Wild Dog.
Children. This Website and the Prepaid Plans are not for use by children and are not directed to children. The Website and the Prepaid Plans are for use and access by individuals who are eighteen (18) years or older. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO PREPAID PLANS AND/OR USE THIS WEBSITE.
Links. This Website may contain links to other Websites. Wild Dog is not responsible for the availability of these external Websites nor does it endorse or is it responsible for any of the content, advertising, products or other materials on such external Websites. Under no cir-cumstances shall Wild Dog be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services made available on any such external Website. Any concerns regard-ing any external link should be directed to the respective Website, rather than to Wild Dog. By including a link to an external site in the Website, Wild Dog does not expressly state or imply that it has authorization from the owner of such site to link to it. Should you visit an external site from a link found on this Website, you do so at your own discretion and at your own risk.
Third Party Veterinary Services. Our Website allows you to locate third party veterinarians in your local area that provide Prepaid Plans. You expressly agree and recognize that all matters relating to the veterinary services or products purchased or received from these third party veterinarians is between you and the third party veterinarians from which said service or product was purchased. You expressly agree and recognize that Wild Dog is in no way connected, affiliated, or otherwise associated with these third party veterinarians and that Wild Dog is not a party to any such transaction. You further expressly agree and recognize that Wild Dog shall not be liable for any negligence committed in the care or treatment of your pet(s) through any of these respective third party veterinarians. You hereby release Wild Dog from any and all claims that may arise through the use of any of the services provided by these third party veterinarians. You agree and recognize that Wild Dog and this Website are merely a means by which you may sign up for, participate in and pay for respective Prepaid Plans offered by these third party veterinarians.
Other Third Party Products or Services. Our Website may also allow you to order services or other products from various other third parties from time to time. You expressly agree and recognize that all matters relating to the services or products purchased from third parties are between you and the third party from which said service or product was purchased. You recognize that Wild Dog is in no way connected, affiliated, or associated with these third parties and that Wild Dog is not a party to any such transaction.
Disclaimers of Conditions and Warranties. THIS WEB SITE, THE INFORMATION ON THIS WEBSITE, AND THE PREPAID PLANS OFFERED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WILD DOG DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WILD DOG DOES NOT WARRANT THAT THIS WEBSITE OR ANY FUNCTIONALITY CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES. ANY PRODUCT, OFFERING, OR CONTENT OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THIS WEBSITE. WILD DOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS CONTAINED IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THIS WEBSITE SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. A "disabling device" is defined as any software, document, message or other material which contains a computer virus, worm, Trojan horse, time bomb, or other device which may erase, scramble, lock, or disable computer software or equip-ment or may prevent users from using a Website or any other item of hardware or software.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WILD DOG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PREPAID PLANS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR PAYING FOR ANY PREPAID PLAN; OR (F) SERVICES PROVIDED UNDER ANY RESPECTIVE PREPAID PLAN OFFERED BY A THIRD PARTY VETERINARIAN. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE OR OUR PREPAID PLANS, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE AND/OR ANY PREPAID PLANS.
Indemnification. You agree to indemnify, hold harmless and, at our option, defend Wild Dog and any of our affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of this Website or any respective Prepaid Plan.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law.
Contact Information. You may contact us by calling (317) 548-4072; by writing us at [Wild Dog, LLC], 9785 Olympia Dr, Fisher, Indiana 46037; or by emailing us at customerservice@mypetcareplus.com.
General. Wild Dog shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Website or any portion of the Website. Wild Dog may also change the terms and conditions set forth in this Agreement and any subsequent use of the Website by you constitutes your agreement to such changed terms and conditions. Any rights not expressly granted herein are reserved to Wild Dog. In any action initiated by you arising from the use of this Website and/or any Prepaid Plan, the prevailing party shall be entitled to recover all legal expenses and costs incurred in connection with such action. If any provision of this Agreement shall be held null and void for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement and the Privacy Policy constitutes the entire agreement between you and Wild Dog relating to the subject matter herein. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
Payment.This contract is an agreement of 12 monthly payments. You may cancel your membership at anytime. If you cancel for any reason before your 1-year anniversary date you will be charged either a $100.00 cancellation fee or be asked to submit payment for services rendered over $100.00 at our normal fee schedule (whichever is greater). Either way, you will be required to provide Pet Care Plus with a 30-day notice of your intent to cancel. Please refer to our termination and cancellation policy at www.mypetcareplus.com. I understand Pet Care Plus can not be held responsible for overdraft fees associated with my plan(s). If payment is not received on your normally scheduled payment date you may be subject to a twenty five dollar late fee.