Terms of Use

Welcome to TopVets.com (the “Website”). This Website is owned and operated by TopVetsTopVets, LLC (“TopVets” or “We” or “Us”). By accessing and using the Website, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

1. Terms of Use

The material contained in this Website has been checked for accuracy; however, the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. TopVets therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Website at any time without prior notice. TopVets does not guarantee that any errors, inaccuracies or omissions will be corrected and does not assume responsibility for any errors or omissions in the content. All content is intended for use by and delivery to U.S. residents. Orders received from or for delivery to locations outside the U.S. are subject to acceptance by TopVets. Unless provided otherwise, all material is provided without any express or implied warranties and is subject to TopVets’ return policy.

2. Intellectual Property

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of TopVets. TopVets neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with TopVets. All other product names contained in this Website may be trademarks or registered trademarks of their respective owners. Images of people or places on this Website are the property of or used with permission by TopVets or its vendors and suppliers. The use or misuse of those trademarks and images except as expressly authorized is prohibited.

3. Links to Third-Party Websites

Links on the Website to third party websites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by TopVets of the third party, the third-party website, or the information contained therein. TopVets is not responsible for the availability of any such websites. TopVets is not responsible or liable for any such web site or the content thereon. If you use the links to the websites of TopVets affiliates or service providers, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those websites.

4. Linking to this Website

Unless specifically authorized by TopVets, you may not connect “deep links” to the Website, i.e., create links to this site that bypass the home page or other parts of the Website. You may not mirror or frame the home page or any other pages of this Website on any other web site or web page without TopVets’ authorization.

5. Downloading Files

TopVets cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

6. Software

Any software available for download via the Website is the copyrighted work of TopVets and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

7. Promotions

From time to time the TopVets may offer you the ability to enter sweepstakes, contests, and various other promotions. These promotions are governed by an additional set of rules and terms and conditions.

8. Disclaimer of Warranties

TOPVETS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. TOPVETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND, ITS CONTENT. TOPVETS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

9. Limitation of Liability

IN NO EVENT WILL TOPVETS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, ITS CONTENT OR PRODUCTS OR SERVICES PURCHASED THROUGH FROM TOPVETS, EVEN IF TOPVETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ITS CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TOPVETS MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, TOPVETS DOES NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

10. User Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

11. User Supplied Information

TopVets does not want to receive confidential or proprietary information from you via the Website. You agree that any material, information, or data you transmit to us or post to the Website will be considered non confidential and non proprietary. For all such submissions: (1) you guarantee to us that you have the legal right to post and that such posting will not violate any law or the rights of any person or entity; and (2) you give TopVets the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the such submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

12. TopVets Does Not Provide Medical Advice

The Information that you obtain or receive from TopVets is for informational and scheduling purposes only. The information provided on the Website and in any other communications from or provided through Website is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice for your pet from a qualified health care professional because of something you may have read on the Website. TopVets does not recommend or endorse any specific veterinarian. If you rely on any of the Information provided by the Website, you do so solely at your own risk.

13. Provider Relationships and Lists

In connection with using the Website and the Services to locate and schedule appointments with veterinarians, you understand that you are ultimately responsible for choosing your own veterinarians to provide services to your pet. TopVets selects veterinarians to be listed on the Website pursuant to a contractual agreement with the veterinarians. In addition to signing a contract, veterinarians may also pay a fee to TopVets in order to appear on the Website.

14. Privacy Policy

Privacy Policy

15. Dispute Resolution/ Choice of Law.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department by email at [email protected], or call us at (800) 844-1427. In the unlikely event that Our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and we each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and we further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be entitled to in court. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits. This Agreement is governed by the laws of the State of New York. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

16. General Provisions

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by TopVets of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Our, Terms of Use and other terms and conditions (including our Privacy Policy) may change at any time in our sole discretion. In the event of a change, the revised policies or terms and conditions will be posted immediately to the Website. You should check the Website frequently to see recent changes. If we make material changes to this policy, we will notify you or by means of a notice on the Website. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you.

17. Contact Us

If you have any questions or suggestions, please contact us at [email protected] or call us at 1-800-844-1427 or write us at 450 Park Avenue South, 9th floor, New York, NY 10016. Last Updated: June 27, 2013