Terms and Conditions
VRC TERMS AND CONDITIONS
1. Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available in the United States and its territories and possessions by THE VETERINARY RELIEF COMPANY, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "The Veterinary Relief Company,” “The Relief Team,” or “The VRC”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE VETERINARY RELIEF COMPANY. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. The VRC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Both parties agree upon VRC cancellation of contract agreement. If a hiring party terminates an existing contract with less than 10 business days notice, the hiring parties will be refunded 50% of original contract amount. The other 50%, uncluding the cancellation fee will be paid to the hired worker. If cancelled with more than 10 business days notice, the hiring party is entitled to 100% refund of all fees associated with booking.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE VRC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage, etc) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
The VRC may amend the Terms from time to time. Amendments will be effective upon The VRC’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If The VRC changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing The VRC written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail, or (b) by email from the email address associated with your Account to: Admin@theveterinaryreliefcompany.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
The Veterinary Relief Company’s collection and use of personal information in connection with the Services is described in The VRC’s Privacy Statements located at https://theveterinaryreliefcompany.com/page/disclaimers.
Contract Cancellation Policy: If a hospital cancels a paid contract with less than 10 days notice, the relief worker will be paid 50% of their expected payment. The hospital will be refunded the balance minus the contract fees. Cancellations for extreme conditons, such as pandemic illness, weather closures, etc will be considered on a case-by-case basis and all discussions should be recorded in each parties private message board.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against The Veterinary Relief Company on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against The Veterinary Relief Company, LLC, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against The Veterinary Relief Company, LLC by someone else.
Agreement to Binding Arbitration Between You and The Veterinary Relief Company.
You and The VRC agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and The Veterinary Relief Company, and not in a court of law.
You acknowledge and agree that you and The VRC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and The Veterinary Relief Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and The Veterinary Relief Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
If a dispute between you and The VRC can not be settled fairly in private, the arbitration will be administered by an independent arbitration association in accordance with their rules (the “Rules") then in effect, except as modified by this Arbitration Agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement may evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and Arbitrator Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and Arbitrator Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Ohio.
Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. An Arbitration form Demand for Arbitration can be requested by contacting The VRC at Admin@TheVeterinaryReliefCompany.com. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Ohio and will be selected by both parties from the Arbitrator’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then an Arbitration Association will appoint the Arbitrator in accordance with the Rules.
Location and Procedure.
Unless you and The VRC otherwise agree, the arbitration will be conducted in the Franklin County, Ohio where The VRC is based. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and The VRC submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Rules. Subject to the Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision.
The Arbitrator will render an award within the time frame specified in the Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. The VRC may seek, and hereby reserves all rights The VRC may have under applicable law to recover, attorneys' fees and expenses if The Veterinary Relief Company prevails in arbitration.
Fees.
Your responsibility to pay any Arbitration filing, administrative and arbitrator fees will be solely as set forth in the Rules. If your claim for damages does not exceed $5,000, The Veterinary Relief Company may choose to pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).
Changes.
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if The VRC changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing The VRC written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or (b) by email from the email address associated with your Account to: Admin@TheVeterinaryReliefCompany.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and The Veterinary Relief Company in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise mobile applications, approved usage of The VRC website and/or marketplace, and related services (each, an "Application"). The Services enable users to arrange and hire temporary medical employees who agree to work as independent-contractors, and/or to purchase certain goods, including with third party providers of such services and goods under agreement with The VRC or certain The VRC affiliates ("Third Party Providers"). Unless otherwise agreed by The VRC in a separate written agreement with you, the Services are made available solely for your professional use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN WORK, AND/OR A TEMPORARY EMPLOYEE THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH THE VRC AS A PROVIDER OF INDEPENDENT CONTRACTORS, EMPLOYERS, AND/OR EMPLOYEES.
License.
Subject to your approved membership and compliance with these Terms, The VRC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your professional use. Any rights not expressly granted herein are reserved by The VRC.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by The VRC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under The Veterinary Relief Company’s various brands currently referred to as "The Veterinary Relief Company," "The VRC," "The Relief Team." You also acknowledge that the Services may be made available under such brands.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that The VRC does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Veterinary Relief Company does not endorse such third party services and content and in no event shall The VRC be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
Ownership.
The Services and all rights therein are and shall remain property of The Veterinary Relief Company or The VRC’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner The Veterinary Relief Company's company names, logos, product and service names, trademarks or services marks or those of The VRC’s licensors.
4. Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active professional user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to The VRC certain personal information, such as your name, address, mobile phone number and age, as well as documents to support your eligibility for approval (active practicing license, proof of liability insurance, recommendation letters, etc). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired license/liability insurance may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username, password, and pin at all times. Unless otherwise permitted by The VRC in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to seek/obtain any form of employment through use of The Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging and Telephone Calls.
You agree that The VRC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a The VRC account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving automated messages from The VRC at any time, by contacting the VRC via email at Admin@TheVeterinaryReliefCompany.com. If you do not choose to opt out, The VRC may contact you as outlined in The VRC Privacy Statement, located at https://theveterinaryreliefcompany.com/page/disclaimers
Referrals and Promotional Codes.
The Veterinary Relief Company may, in its sole discretion, create referral and/or promotional codes ("Promo Codes," “Key Codes,” et al) that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that The VRC establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by The VRC; (iii) may be disabled by The VRC at any time for any reason without liability to The VRC; (iv) may only be used pursuant to the specific terms that The VRC establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The VRC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that The VRC determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of The VRC’s Terms.
User Provided Content.
The Veterinary Relief Company may, in The VRC’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to The VRC through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to The VRC, you grant The VRC a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and The VRC’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant The VRC the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor The VRC’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by The VRC in its sole discretion, whether or not such material may be protected by law. The VRC may, but shall not be obligated to, review, monitor, or remove User Content, at The VRC’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Veterinary Relief Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Payment
You understand that use of the Services may result in charges to you for the contracts formed, services or goods you receive ("Charges"). The VRC will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, sales tax surcharges or processing fees for payments.
All Charges and payments will be enabled by The VRC using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that The VRC may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by The VRC. Under certain circumstances (cancellation of contract PRIOR to work dates, a relief worker does not appear for their scheduled working day(s), contract is only partially completed, and/or other such cases in which the contract is not fulfilled), refunds, either full or partial, may be granted. Hired independent contractors who complete their contract are otherwise entitled to the payment as stated in the agreed VRC contract.
As between you and The VRC, The VRC reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in The VRC’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. The VRC will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. The VRC may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf.
After you have received services or goods obtained through the Service, Charges paid by you are final and non-refundable, unless otherwise determined by The VRC. You will also have the opportunity to rate your experience and leave additional feedback. The VRC may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers (credit card processing fees, etc), Charges you incur will be owed directly to Third Party Providers, and The VRC will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time that you negotiate and form a contract for such services or goods, and Charges you incur will be owed to the Third Party Provider. The VRC will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to The Veterinary Relief Company or its affiliates, where The VRC is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from The VRC for services or goods received by you from a Third Party Provider at the time that you are negotiating for such services or goods, and prior to completing the checkout process which forms a binding contract. The VRC will respond accordingly to any request from you to modify the Charges for a particular service or good. The VRC does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by The VRC (on The VRC’s website, in the Application, or in The VRC’s marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that The VRC provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary and can be included in the overall contract amount.
6. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE VETERINARY RELIEF COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE VRC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE VRC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
THE VETERINARY RELIEF COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE VRC, EVEN IF THE VRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE VRC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE VRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE VRC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE VRC’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING VETERINARY ASSISTANT SERVICES WHEN REQUESTED MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE VETERINARY MEDICAL SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT THE VRC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS, MEDICAL, OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE VRC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE VRC’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold The Veterinary Relief Company and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) The VRC’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Ohioans to assert claims under Ohioans law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Ohio law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Ohio law to you if you do not otherwise reside in Ohio. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to The VRC’s designated agent. Please visit The VRC’s webpage at https://theveterinaryreliefcompany.com/ for the designated address and additional information.
Notice.
The Veterinary Relief Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to The VRC, with such notice deemed given when received by The VRC, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o The Veterinary Relief Company, LLC. The name and current contact information for the registered agent can be obtained by directly contacting The VRC via mail and/or email Info@TheVeterinaryReliefCompany.com
General.
You may not assign these Terms without The VRC’s prior written approval. The VRC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of The VRC’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, The Veterinary Relief Company, or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The VRC’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The VRC in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
