- Not Veterinary Services
The Services made available via the Site are provided for informational purposes only. The Services do not provide medical or veterinary advice or any medical, veterinary, healthcare or wellness service. The Services are not a substitute for the professional judgement of a veterinary or other medical professional and are not in any way intended to override professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified health provider with any question you may have regarding a pet or animal’s medical condition. If you think your pet or an animal may have a medical emergency, call your vet, animal control, PETA, or 911 for help immediately.
- Use of the Services
You may browse the Site without registering for an account. However, certain Services may require registration of an account. If you are under 18 years of age, you may not register for an account.
You agree to provide and maintain only true, accurate, and complete information about yourself as part of your account. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you to verify your identity.
You are responsible for your account and all the activity on it. You are responsible for maintaining the confidentiality of your password and account. We are not liable for any loss or damage arising from your failure to protect your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect.
The Services are intended for use in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and at your own risk. You are responsible for compliance with all laws, rules and regulations applicable to you.
If you send us your creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction fully exploit in any medium any comments that you provide to us. Comments are not confidential. We are and shall be under no obligation (1) to pay compensation for any Comments; or (2) to respond to any Comments.
Content is provided for information purposes only and does not consider your unique, personal circumstances and needs. AAPP does not recommend or endorse any specific tests, veterinarian, products, procedures, opinions, or other information that may be mentioned in the Services. Content may be revised, modified, or updated at any time. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and AAPP shall have no responsibility or liability to you whatsoever.
AAPP does not guarantee that any Content will be made available through the Services, or that any Content you access is or will continue to be accurate. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
AAPP reserves the right to, but does not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
- User Contributions
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Contributions”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Contribution. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary.
You acknowledge that the use of any User Contributions accessed via the Services is at your own risk to the fullest extent allowed by applicable law. We are not responsible for, and we do not endorse, the opinions, advice, suggestions, or recommendations posted or sent by users in any User Contributions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.
You also acknowledge and agree that communications on or through the Services, including without limitation, User Contributions, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., veterinarian-pet).
By providing any User Contribution through the Services, you grant AAPP and its affiliates, partners, and service providers, and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, transferable license and right to use, edit, truncate, aggregate, reproduce, modify, perform, display, distribute, prepare derivative works of, and otherwise fully exploit the User Contributions in connection with the Services, and ours and our affiliates and partners businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivatives thereof) in any media formats and through any media channels (including, without limitation, third party websites and fees), and including after termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Contributions in connection with material provided by our affiliates and partners, and you shall not be entitled to any payment or other remuneration for such use. To the extent any User Contributions you submit includes your name, likeness, voice, or photograph (or any of the foregoing of your pet or other animal), you acknowledge and agree that this license shall apply to the same and you hereby release and hold harmless AAPP from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made in connection with your content, name, image or likeness. You grant each user of the Services a non-exclusive, perpetual license to access your User Contributions through the Services, including after your termination of your Account or the Services. You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above. Except where prohibited by applicable law, by submitting User Contributions through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Contributions or any photograph(s), footage, illustrations, statements or other work contained in the User Contributions.
AAPP reserves the following rights:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding our rights set forth above, we cannot and do not undertake to review all User Contributions before or after they are posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section titled “User Contributions”.
- Use that in any way violates any applicable federal, state, local or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate AAPP, an AAPP employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm AAPP or users of the Services or expose them to liability.
Additionally, you agree not to:
- “Scrape” or disaggregate data or Content from the Services (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
- Otherwise attempt to interfere with the proper working of the Services.
- Intellectual Property
Any unauthorized use (including any commercial use) of the Services and/or Content, including Trademarks, will violate the intellectual property rights of AAPP (and/or its third-party partners and licensors) and will be subject to AAPP (and/or its third-party partners and licensors) full legal rights and remedies.
The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed in the Services are Trademarks of AAPP and its third-party partners and licensors. Nothing contained in the Services shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Services without the written permission AAPP.
All content included on this site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AAP or its content suppliers and protected by international copyright laws. Likewise, the compilation of all content on this site is the exclusive property of AAPP, with copyright authorship for this collection by AAPP, and protected by international copyright laws.
- AAPP Contributors
Content providers are independent contractor contributors to the Services. To the extent we refer to each of these contributors as an expert, understand we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. AAPP also is not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as experts, are not employees of AAPP or its affiliates and AAPP cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Services.
- Third-Party Links
AAPP may provide links to third party services as a convenience to you. Any use by you of any products or services offered by any third parties is at your sole risk. We are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither AAPP nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your use or purchase of third-party products or services, even if based upon the information provided via the Services, and we shall not receive or review complaints regarding such purchases. We make no representations or warranties with respect to such third-party products and services. Please be sure to read any terms and policies that may apply to the third-party products and services.
- Social Media and Linking
The Services may provide certain social media features. You may use these features solely as they are provided by us and solely with respect to the Content with which they are displayed. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site and to use the social media features so long as: (a) the links only incorporate text, and do not use any of our trademarks; (b) the links and the content on your website and social media do not suggest any affiliation with AAPP or cause any other confusion; and (c) the links and the content on your website or social media do not portray AAPP or its Services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party. You must not establish a link to this Site or the Services from any website or social media account that is not owned by you, or for which you lack proper legal authority to establish a link. The Site and Services must not be framed on any other site, nor may you create a link to any part of the Site or the Services other than the homepage. We reserve the right to suspend or prohibit linking to the Site and Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party. We may disable all or any social media features and any links at any time without notice in our sole discretion.
11.1 Pet Social
American Association of Pet Parents (aapp) provides aapp Pet Social, a social media service available to aapp members. The Pet Social service is intended to provide aapp members with the ability to engage with each other and share stories and information about their pets.
Who can use aapp Pet Social?
Only aapp members can post messages and reply to messages on Pet Social. You must provide accurate information about yourself. Aapp members should not share their password, give access to your aapp member account to others, or transfer your account to anyone else (without prior permission of aapp). You cannot use Pet Social if:
a. you are under 13 years old.
b. you are a convicted sex offender.
c. aapp has previously disabled your account for violations of our Terms or Policies.
d. you are prohibited from receiving our products, services, or software under applicable laws.
What you can and cannot share or do on Pet Social.
We want people to use Pet Social to share stories and content that is important to them as pet parents to build a supportive community, but not at the expense of the safety and well-being of others or the integrity of everyone in our community. You therefore agree NOT to engage in the conduct (or to facilitate or support others in doing so) described below:
You may NOT use Pet Social to post information, opinions, or images that:
- Attempt to sell pets or animals.
- Attempt to offer pets or animals for adoption or re-homing.
- Critique or criticize local or national shelters, rescues, or other animal welfare organizations
- Claim expertise in an area of pet well-being (behavior, nutrition, health etc.), without having the proper certifications or professional degrees required to demonstrate that expertise.
- Denigrate or express prejudice against any specific breed or type of animal.
- Cite fake news sources or spread misinformation about pets or animals.
- Show animals being killed, abused, or treated poorly, according to commonly-accepted community standards.
- Violate these terms, and other terms and policies that apply to your use of Pet Social.
- Are unlawful, misleading, discriminatory, or fraudulent.
- Infringe or violate someone else’s rights, including their intellectual property rights.
- Use inflammatory or discriminatory language or single out any individuals for their race, class, or sexual or gender orientation.
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
AAPP can remove or restrict access to content that is in violation of these provisions.
If we remove content that you have shared in violation of these provisions, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms, or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
We also can remove or restrict access to your content, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to aapp.
Permissions you give to aapp by using Pet Social.
Permission to use content you create and share on Pet Social. Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws. You own the intellectual property rights, including copyright or trademarks, in any such content that you create and share on Pet Social. Nothing in these Terms takes away the rights you have to your own content. However, to provide our services we need you to give us some legal permissions (‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you share a photo on Pet Social you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other aapp services you use.
This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
- immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
- your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
- where immediate deletion would restrict our ability to: (i). investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems); (ii.) comply with a legal obligation, such as the preservation of evidence; or (iii). comply with a request of a judicial or administrative authority, law enforcement or a government agency; in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
- In each of the above cases, this license will continue until the content has been fully deleted.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
Limits on using our intellectual property:
- If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Pet Social), we retain all rights to that content (but not yours).
- You can only use our copyrights or trademarks as expressly permitted by aapp or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL AAPP OR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, ADVISORS OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM, LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES, OR WITH ANOTHER USER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST AAPP AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF, RELIANCE ON, OR INABILITY TO USE THE SERVICES EXCEED FIVE HUNDRED DOLLARS (US$500).
- Governing Law
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
- No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of any Content or other material used or displayed through the Services.
- Waiver and Severability
- Entire Agreement
- California Residents
Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
We may provide you notice via email, written notice, or by conspicuously posting the notice on our Site. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Contact Us