SHEPHERD VETERINARY SOFTWARE
WEBSITE TERMS OF USE

Welcome to Shepherd, a proud brand of Synergy Pet Group, the only national brokerage focused exclusively on pet employee benefits. For over 25 years, we've been dedicated to making quality pet care accessible to all pet families across the nation.

At Synergy Pet Group, we believe that you and your pets deserve more than just legalese. Yes, we have our legal terms (and we do encourage you to read them), but we want to ensure that you comprehend them. These Terms of Use aren't just a set of rules; they embody the core values of our company, outlining how we conduct business and adhere to the laws governing our operations.

Here is a summary of the Terms of Use without all the legal jargon:

Have any questions?

Please send them to us via our Contact Us hello@shepherd.vet.

1. ACCEPTANCE OF THE TERMS OF USE

  • 1.1These Terms of Use ("Terms"), govern your use of our website located at https://www.shepherd.vet/, our mobile application called Pet Assure ("App") and our services provided via our Website, which include: (i) a cloud-based veterinary practice management software to facilitate the operation and administration of your business; (ii) a pet portal for a practice's customers to access information about their pets and (iii) access to educational and software-related content (the "Services") offered by Shepherd Veterinary Software, LLC, a company governed by the laws of the State of Arizona, having its registered office located at 1745 Rustic Timbers Ln, Suite E, Prescott, AZ 86303, (hereinafter referred to as the "Company", "we", "us", or "our"). The terms "you," "your," and "user" mean you individually and, if you access or use our Website, App, or Services on behalf of a company, mean you and your company collectively (in which case you represent that you are authorized to accept these Terms on behalf of your company). We may offer you products, Services, or software subject to additional terms and conditions ("Additional Terms"). The Additional Terms can be found here.
  • 1.2Please read the Terms and Additional Terms carefully before you start to use the Website, App or Services. By using the Website, App, or Services, or by clicking to accept or agree to the Terms and the Additional Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, Additional Terms, and our Privacy Policy, found at https://www.shepherd.vet/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms, Additional Terms, or the Privacy Policy, you must not access or use the Website, App, or Services.
  • 1.3This Website and App are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Website or App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or App.
  • 1.4You acknowledge, understand, and agree to comply with any additional terms and conditions stipulated by either the Apple Store or Google Play store, when downloading and installing the App.

2. CHANGES TO THE TERMS

  • 2.1We may revise and update these Terms and Additional Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
  • 2.2Your continued use of the Website, App, and Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

3. ACCESSING THE WEBSITE, APP, AND SECURITY

  • 3.1We reserve the right to withdraw or amend our Website and App, and any Services or Materials we provide on the Website and App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website and App are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or App or the entire Website or App.
  • 3.2You are responsible for both:
    • Making all arrangements necessary for you to have access to the Website and App.
    • Ensuring that all persons who access the Website and App through your internet connection are aware of these Terms and comply with them.
  • 3.3To access the Website and App or some of the resources it offers, you may be asked to provide certain registration details or other information and create an account ("User Account"). It is a condition of your use of the Website and App that all the information you provide on the Website and App is correct, current, and complete. You agree that all information you provide to register with this Website, App, or otherwise, including, but not limited to, through the use of any interactive features on the Website and App, is governed by our Privacy Policy at https://www.shepherd.vet/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  • 3.4If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures related to your User Account, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to our Website, App, or portions of either using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a phone or a public or shared computer so that others are not able to view or record your password or other personal information.
  • 3.5We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. SERVICE FEES AND CANCELLATION

If there are any fees associated with your Services, the terms and conditions related to payment of fees and cancellation of your Services can be found in the Additional Terms located here.

5. INTELLECTUAL PROPERTY RIGHTS

  • 5.1All content, the Services, images, instructional materials, trademarks, third-party logos and names, data, software, or information contained in any materials, or documents used by Company in relation to the Website, App, and Services, including, but not limited to, any and all copyrighted works, databases, text, tools, software, technology, algorithms, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements ("Materials"), are the sole and exclusive property of or are licensed to Company and as such all updates and modifications to the Website, App, and Services will vest in us or our licensors. You may not reproduce, distribute, or copy the Materials by any means, whether electronically or not, without our prior written permission.
  • 5.2Any and all intellectual property rights in the Materials, Website, App, and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term ("Company's Intellectual Property Right(s)"), vests solely and exclusively in Company, its group affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Company to you are reserved by Company. Save as expressly set out herein, you shall not acquire any right, title, or interest in Company's Intellectual Property Rights.

6. TRADEMARKS

The Synergy Pet Group name, the terms Max's Corner, Mint Wellness, Pet Assure, Pet Benefit Solutions, Synergy Pet Group, Total Pet, Total Pet Plan, Wishbone Pet Insurance, and Shepherd, the Company's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. USER CONTENT AND OTHER SUBMISSIONS

  • 7.1Company allows you to make available certain information contained in your User Account including but not limited to your pet's name, age and breed, photographs, copies of your pet's medical records, your veterinarian's information, and copies of veterinary invoices ("User Content") viewable to yourself on the Website. You shall be responsible for the User Content that you post to the Website and App, including for its legality, accurateness, reliability, and appropriateness. By posting User Content on the Website and App, you grant Company the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right/license to fully exploit, use, modify, perform, display, reproduce, and distribute such User Content on and through the Website and App. You shall retain any and all of your rights to any User Content you submit, post or display on or through the Website and App and you shall be solely responsible for protecting those rights.
  • 7.2You represent and warrant that:
    • (i)the User Content belongs to you (i.e., you own it) or that you have the right to use it (e.g., as licensee) and grant Company the rights and (sub-)license as granted by you under Section 4.1 of these Terms, and
    • (ii)the posting of User Content on or through the Website and App does not violate (a) Company's Intellectual Property Rights (defined below) or any third party's intellectual property rights, (b) privacy rights, publicity rights, copyrights, contract rights or any other rights of Company or of any third party.
  • 7.3Company reserves the right to block or remove User Content that Company determines to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of Company's Intellectual Property Rights (defined below) or of any third party's intellectual property rights; or (iv) offensive or otherwise unacceptable to Company in its sole and exclusive discretion. Company acknowledges that, by providing you with the ability to view and distribute user-generated content on the Website, Company is merely acting as a passive conduit for such distribution and is not assuming any obligation or liability relating to any contents or activities or transactions on the Website and App.
  • 7.4You acknowledge and understand that your reliance on any information, content and material posted by other users on the Website and App will be at your sole risk. You further acknowledge that Company does not screen any communications between users in advance and as such Company is not responsible for screening or monitoring any information, content and/or material posted by users on the Website and App.
  • 7.5By sending Company any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain any confidential or proprietary information belonging to any third party(ies), (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have feedback which is similar to your Feedback, already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its vendors and users any claims and assertions of any moral rights contained in such Feedback.
  • 7.6You acknowledge that Company practices a zero-tolerance approach for any (i) User Content which is deemed by Company, in its sole discretion, to be objectionable, or (ii) users determined to be abusive, when accessing the Website, App, and/or using the Services.

8. MONITORING AND ENFORCEMENT; TERMINATION

9. CONTENT STANDARDS

These content standards apply to any and all User Content and Feedback. User Content and Feedback must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content and Feedback must not:

10. PROHIBITED USE OF THE WEBSITE, APP, AND SERVICES

  • 10.1You may not use the Website, App, and Services to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation, (ii) in a manner that infringes upon Company's Intellectual Property Rights (as defined below) or upon any third-party's intellectual property rights, (iii) in a manner that violates the privacy or other personal rights of third parties, (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to content (1) promoting racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) soliciting personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
  • 10.2When accessing the Website, App, and Services, you shall be prohibited from:
    • (i)Using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website, App, and Services;
    • (ii)taking any action that imposes an unreasonable or disproportionately large data load on the Website's,App's, and Services' infrastructure;
    • (iii)copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website, App, and Services without Company prior written consent;
    • (iv)use the Website, App, and Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Company's Website, App, and Services;
    • (v) ccessing, tampering with, or use non-public areas of the Website, App, and Services of Company's computer systems and/or of its third-party providers' technical delivery systems;
    • (vi)probing, scanning, or testing the vulnerability of any of Company's system or network or breach or circumvent any of Company's security or authentication measures;
    • (vii)accessing, searching or attempting to access or search the Website, App, and Services (by any means other than through Company's currently available, published interfaces that are provided by Company, unless You has been specifically allowed to do so in a separate agreement with Company;
    • (viii)reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website, App, Services or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    • (ix)attempting to access any area of the Website, App, and Services to which access is not authorized;
    • (x)using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website, App, and Services;
    • (xi)conducting any systematic or automated data collection activities on or in relation to the Website, App, and Services, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Company's prior written consent;
    • (xii)using manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website, App, and Services;
    • (xiii)disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website,App, and Services;
    • (xiv)uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
    • (xv)forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
    • (xvi)intentionally or unintentionally violating any local, state, federal, national or international law, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;
    • (xvii)impersonating any other person or entity, sell your profile, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and/or
    • (xviii)collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

11. RELIANCE ON INFORMATION POSTED

  • 11.1The information presented on or through the Website and App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and App, or by anyone who may be informed of any of its contents.
  • 11.2This Website and App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. WEBSITE, APP, AND SERVICES MANAGEMENT

13. CHANGES TO THE WEBSITE AND APP

  • 13.1We may update the content on our Website and App from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website and App may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE AND APP

All information we collect on our Website and App is subject to our Privacy Policy located at https://www.shepherd.vet/privacy-policy/. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

15. USER INTERACTION ON OUR WEBSITE AND SOCIAL MEDIA

We may provide opportunities for user interaction within the Website, App, and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. We are not responsible for content or links posted by others.

16. THIRD PARTY LINKS AND RESOURCES

The Website, App, and/or Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that Company shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources.

Your communications, interactions, or business transactions/dealings with any third party found on or through the Website, App, and/or the Services, including any such third party's terms, conditions, warranties, or representations associated with such communications, interactions, or business transactions/dealings, shall be solely between you and such third party. You acknowledge and agree that Company shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party found through (i) the Website, (ii) App, and/or (iii) your use of the Services.

BEFORE VISITING THIRD-PARTY WEBSITES AND/OR RESOURCES VIA COMPANY'S WEBSITE, APP, AND SERVICES, IT IS RECOMMENDED THAT YOU (I) REVIEW THE THIRD-PARTY'S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER APPLICABLE CONTRACTUAL DOCUMENTATION, AND (II) INFORM/EDUCATE YOURSELF ON THE APPLICABLE REGULATIONS, POLICIES AND PRACTICES OF THE THIRD-PARTY WEBSITES AND/OR RESOURCES.

17. GEOGRAPHIC RESTRICTIONS

The owner of the Website and App is based in the State of Arizona in the United States. We provide our Website, App, and Services for use only by persons located in the United States. We make no claims that the Website, App, and Services or any of its content is accessible or appropriate outside of the United States. Access to the Website, App, and Services may not be legal by certain persons or in certain countries. If you access the Website, App, and Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. DISCLAIMER OF WARRANTIES

  • 18.1Unless otherwise provided under these Terms, the Services shall be provided by Company to you "as is," and "as available" with all faults, defects, bugs, and errors. You acknowledge and agree that your access to and use of the Website, App, and Services shall be at your own risk.
  • 18.2COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE AND APP, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.
  • 18.3COMPANY AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE, APP, AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, APP, AND SERVICES FOR ANY PURPOSE. COMPANY AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE, APP, AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  • 18.4YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, APP, AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
  • 18.5NEITHER COMPANY NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, APP, AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
  • 18.6COMPANY PROVIDES YOU WITH THE SERVICES ON THE WEBSITE AND APP IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE, APP, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) ANY DEFECTS ON THE WEBSITE, APP, AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE, APP, SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
  • 18.7THE INFORMATION FOUND ON THE WEBSITE AND APP AND WITHIN THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF SUCH INFORMATION. ALL INFORMATION AND CONTENT ON THE WEBSITE, APP, AND SERVICES IS COPYRIGHTED, AND MAY NOT BE REPUBLISHED, COPIED, SOLD OR POSTED ANYWHERE ONLINE OR IN PRINT. COMPANY RESERVES THE RIGHT TO TAKE THE NECESSARY LEGAL ACTION TO PREVENT YOU FROM (RE)-PUBLISHING, COPYING, SELLING, POSTING OR PRINTING ANY COPYRIGHTED INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE, APP, AND SERVICES.
  • 18.8COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE, APP, AND SERVICES. AS SUCH, COMPANY WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY YOU AS A RESULT OF YOUR USE OR INABILITY TO USE THE WEBSITE, APP, AND SERVICES.
  • 18.9COMPANY ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE OR ANY SERVICES, OR THAT ANY PARTICULAR SERVICE WILL CONTINUE TO BE MADE AVAILABLE ON THE WEBSITE AND APP.
  • 18.10YOUR ACCESS TO OR DOWNLOAD OF THE APP, INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE AND APP, OR ANY THIRD PARTY WEBSITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIALS OR DATA.

19. INDEMNIFICATION

  • 19.1You agree to indemnify and hold harmless Company from and against any liability, demand, damages, cost, or expense arising from any third-party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the Service(s); and/or (iii) your infringement of Company's Intellectual Property Rights. Company shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any Negligence of Company. "Negligence" shall mean gross negligence or intentional misconduct.
  • 19.2In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party's expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party's rights.

20. LIMITATION OF LIABILITY

  • 20.1COMPANY, ITS GROUP AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, DATA, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND APP AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • 20.2WHILE COMPANY TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE, APP, OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, COMPANY AND ITS GROUP AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND APP AND/OR THROUGH YOUR USE OF THE SERVICES.
  • 20.3YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY. COMPANY SPECIFICALLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, ORAL OR IN WRITING, CONCERNING THE VIABILITY OR COMPLIANCE WITH APPLICABLE LAWS OF THE SERVICES IN A PARTICULAR COUNTRY, TERRITORY, OR REGION.
  • 20.4NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, COMPANY, ITS GROUP AFFILIATES (IF ANY), ITS LICENSORS AND ITS VENDORS AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, AND IF FOUND LIABLE, SUCH LIABILITY SHALL AT ALL TIMES NOT EXCEED THE SUBSCRIPTION PLAN FEES PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, MINUS ANY AMOUNTS PAID BY THE LIABLE PARTY DURING THAT SAME PERIOD FOR ANY PRIOR LIABILITY.

21. PRIVACY POLICY

Company's Privacy Policy, available at https://www.shepherd.vet/privacy-policy/, governs the use, storage, and processing of the personal information you may provide to Company through your access to the Website, App, and/or through your use of the Services. Your election to use the Services shall be deemed to constitute your acceptance of the terms of Company's Privacy Policy.

22. GOVERNING LAW AND JURISDICTION

In the event of any disagreement between the Parties with respect to the interpretation and implementation of any aspect of these Terms, the Parties agree to discuss in good faith to reach an amicable resolution prior to starting any litigation/legal proceedings against each other.

These Terms and any dispute arising out of or in connection with the Terms, its subject matter or its formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the State of New Jersey, USA. The Parties irrevocably submit to the exclusive jurisdiction of the American Arbitration Association in Ocean County, New Jersey, USA to settle any dispute which may arise out of or in connection with this Agreement.

The Parties agree that any arbitration shall be limited to the dispute between the Parties. To the full extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

23. GENERAL PROVISIONS

  • 23.1Electronic Communications and Signatures. You acknowledge and undh3d that visiting the Website and App, sending Company emails, and the completion of online forms constitute electronic communications. As such, you consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website and App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE OR APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
  • 23.2Severability. In the event that any provision of these Teh3all be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render the remaining provisions of these Terms unenforceable or invalid, and, in such event, such remaining provisions shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision(s).
  • 23.3Waiver. The failure of the Company to exercise or enforce h3ght or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by the Company must be in writing and signed by an authorized representative of the Company.
  • 23.4No Assignment. Neither these Terms nor any rights under these h3may be assigned or otherwise transferred by you, whether voluntarily or by operation of law, without the prior written consent of Company. Subject to the foregoing, these Terms will be binding upon and will insure to the benefit of the Parties and their respective successors and assigns. Any assignment in violation of the foregoing shall be null and void.
  • 23.5Notices. Except as otherwise provided under these Terms, any noth3quired or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to legal@petassure.com.
  • 23.6Entire Agreement. These Terms represent the entire agreementh3en the Parties relating to the subject matter hereof. These Terms fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations, or warranties, written or oral, except as set forth herein.

24. CONTACT INFORMATION

Should you have any questions concerning these Terms and/or any issues or concerns about the Website and/or Services you may contact Company at hello@shepherd.vet.

Effective Date: June 9, 2024