THE COZY COUCH VET DIRECTORY
Service Provider User Terms
Last Updated: 8/31/2022
1. Applicability. These Service Provider User Terms provide the terms for The Cozy Couch Vet Directory online directory as described in Section 2 herein and constitutes an agreement between Provider and The Cozy Couch Vet Directory (“Terms”). The online directory is a service offered by The House Call Vet Academy, LLC (“Directory”). Any website descriptions and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous communications, both written and oral. In the event of any conflict between these Terms and any website descriptions these Terms shall control.
If Provider does not agree to be bound to any term of this Agreement, Provider must refrain from signing up for a listing in the online directory or cancel their existing listing. The Cozy Couch Vet Directory shall hereafter be referred to as “Company”.
2. Service Provider Expectations. The Directory features a profile page to advertise Provider’s veterinary services. Provider is solely responsible for creating and maintaining their profile page (ensuring all of the data that they enter is complete, correct, and up-to date).
3. Limitation. The Directory is not a veterinary practice but an information resource for the public. Additionally, Company does not employ any of the licensed veterinarians, veterinarian technicians or trainers that are advertised on the platform. Furthermore, we assume no responsibility for any act, omission, or doing of any Provider.
4. Liability Insurance. Providers will maintain their own professional liability insurance. Company shall not be liable for any incidents that occur while clients are under the care of the Provider. Provider agrees to hold Company harmless for any legal action brought upon them by clients.
5. Communication. All communications about the Directory shall be sent by email to firstname.lastname@example.org.
6. Improper Use. Provider acknowledges if their profile page is improperly used, they may cause irreparable harm to Company and other providers who rely on it as a means to develop business. Company may temporarily deactivate or remove Provider’s account, with or without notice, if we feel it is in the best interest of the Company or other providers.
7. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all content on The Cozy Couch Vet Directory website, portals and programs (collectively, “The Cozy Couch Vet Directory IP”) is owned by Company. Company does not own any information shared by Providers.
8. Confidential Information.
(a) Any information that Provider may be privy to as a service provider listed in the Directory that is non-public shall be confidential (“Confidential Information”), whether disclosed orally or accessed in written, electronic or other form of media. Confidential Information does not include information that is: (i) in the public domain; (ii) known to Provider at the time of disclosure; or (iii) rightfully obtained by Provider on a non-confidential basis from a third party.
(b) Company agrees not to use or disclose, directly or indirectly, for any reason or in any way, other than at the express written direction of any Provider any confidential information of 2 Providers. This obligation not to use or disclose the Confidential Information does not apply to any information that is public knowledge, provided that Company did not cause it to become public knowledge.
(c) The parties shall be entitled to injunctive relief for any violation of this Section.
(a) UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE TO ANY PROVIDER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.
(b) COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE DIRECTORY, INCLUDING ANY GUARANTEE OR PROMISE OF CLIENTS, INCOME OR SPECIFIC RESULTS, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) PROVIDER ACKNOWLEDGES AND AGREES THAT THE PLATFORM IS BEING PROVIDED FOR USE “AS IS”, AND THEREFORE THE PROVIDER WILL NOT HAVE ANY PLEA, CLAIM, OR DEMAND TOWARDS COMPANY IN RELATION TO THE PLATFORM’S USERS, MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE PROVIDER’S NEEDS. THE PROVIDER SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST US IN RESPECT TO ANY SERVICES THE PROVIDER DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF THE PLATFORM. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED.
(d) REGISTRATION, ADVERTISING PROVIDER SERVICES AND ANY OTHER USE OF THE PLATFORM IS BEING MADE AT THE PROVIDER’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
10. Indemnification and Limitation of Liability.
PROVIDER HEREBY RELEASES COMPANY AND AGREES TO HOLD COMPANY HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS, OF ANY NATURE, RESULTING FROM THE USE OF THE DIRECTORY.
11. Waiver. No waiver by Company of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Company. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
12. Assignment. Provider shall not assign any of its rights or delegate any of its obligations under these Terms. Any purported assignment or delegation in violation of this Section is null and void.
13. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to 3 any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
14. Submission to Jurisdiction. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof located in the State of California in Los Angeles County.
15. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to Company at email@example.com. All Notices to Providers will be addressed to the email address provided by the Provider upon sign up.
16. Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
17. Survival. Certain sections of these Terms will remain in force after any termination or expiration of these Terms including, but not limited to, the following provisions: Confidentiality, Governing Law, Submission to Arbitration, and Survival.
18. Amendment and Modification. These Terms may be amended at any time and will be updated on The Cozy Couch Vet Directory website.