Urban Pet, Inc. Terms of Services

Welcome to the Terms of Service for Urban Pet, Inc. (these "Terms").

Urban Pet, Inc. a Delaware registered corporation, DBA “Dr. Treat” ("Urban Pet", “Dr. Treat”, “Dr. T”) delivers veterinary services to its client and pet parents/pet owners ("Clients" “pet” "user" "you" or "your").

Dr. Treat’s and our affiliated professional veterinarian practices services (“Services”) include, without limitation, the website drtreat.com (the “Website”, “Site”), Dr Treat social media content, videos, or other content/services available on the website or mobile applications (the “App” or “Site” or “Website” or “Platform”).  These Terms of Services ("Terms") govern the Urban Pet website or the mobile applications that allow you to connect and exchange information. . Urban Pet's Privacy Policy is incorporated herein by reference and is a part of these Terms & Conditions of using the drtreat.com website or mobile application.

PLEASE READ THESE TERMS CAREFULLY AS THESE MAY IMPACT YOUR LEGAL AND INFORMATION RIGHTS.

BY USING OR ACCESSING THE SERVICE, YOU AGREE WITH OUR TERMS & CONDITIONS, AND YOU AND ANY USERS AFFILIATED WITH YOUR ACCOUNT ARE ACCEPTING THESE TERMS. You must be 18 years of age or older and reside in the United States or any of its territories to use our Services. By using the Services, you represent and warrant that you meet this requirement.

Arbitration Notice

Any disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND Urban Pet ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

The Service.

Dr. Treat is a veterinary care service for small animals (cats & dogs) available only to members of the service.

Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service, and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you accept these Terms on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that person/entity/organization to these Terms,and you agree to be bound by these Terms on behalf of that organization. Urban Pet may, in its sole discretion, refuse to offer the Service to any person or entity, and may change its eligibility criteria at any time.

YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND BIND YOURSELF TO THE TERMS AND CONDITIONS OF THESE TERMS AND ACKNOWLEDGE AND AGREE THAT ALL SUCH USE BY YOU IS SUBJECT TO THESE TERMS. If you do not agree to these Terms (or are not authorized to bind yourself), you are prohibited from using the Site. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT SUBSCRIBE TO THE MEMBERSHIP TO DR TREAT’S SERVICE AND PLEASE DO NOT USE ANY SERVICES PROVIDED BY DR. TREAT.

Dr. Treat’s Services

The Online service is a platform for you to communicate with our virtual community of licensed veterinarians and registered veterinary technicians ("Experts," “Techs,” “Vet”). Our Service provides communication tools that (i) allow you the ability to speak to one of our Experts by video and (ii) allow our Experts the ability to respond to the video and record your discussion with our Expert.

No Veterinary-Client Relationship

Any content or information available to our site is for informational purposes only. Any content provided, unless specifically prescribed or provided by a registered veterinary professional, is provided as general guidance and should not be taken as medical or qualified advice. Any information provided should not be substituted for professional advice by a veterinarian or a registered veterinary professional with a professional medical relationship with your pet. 

Each pet must establish a relationship with a veterinarian, also defined by the American Veterinary Medical Association as a veterinarian-client-patient-relationship ("Veterinarian-Client Relationship" or “VCPR”).  Unless that is established, you should not take any information from the website or the app to guide any medical or behavioral decisions.   The only way Dr. Treat defines VCPR is an in-person visit and meeting with a veterinarian at either our clinics or through our in-home services.  The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits.

Security of User Information

By creating an Account on our Platform, you agree to receive our newsletters, marketing, and promotional materials, and other information we may send you via email, text, app notifications, or physical mail.  However, you may elect to stop receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any of these communications you receive from us.

We care about your security and have implemented tools to keep your account and your information secure.  However, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Urban Pet / Dr. Treat of any unauthorized account use or other security breaches. We will not be responsible for any liabilities, losses, or damages arising from the unauthorized use of your computer, mobile device, or other computing device and/or account.

Membership

Dr. Treat’s services can only be rendered to members through its membership plan available on the website or mobile app.  All “members” must be at least 18 years of age.  By paying for the membership, you agree to the Terms. Please review membership details before signing up for Dr. Treat’s annual membership.  Membership plans are designed and priced for a duration of twelve (12) months. If you purchase a membership to Dr. Treat, you acknowledge that your membership plan has recurring payment features and you accept responsibility for all recurring payment obligations in accordance with these Terms. You agree that the Company may store and continue billing your payment method to avoid interruption of the Services, AND we may charge taxes payable by you based on the billing information that you provide us at the time of purchase. 

You may register for the membership at our clinic or through the website or through the mobile app.  By registering with Dr. Treat’s membership, you have access to Dr. Treat’s virtual services as well as access to the clinic during the Company’s operating hours. Clinic hours may vary based on location and may be modified without prior approval of the members. Please refer to the membership section of the website to get the details about the services covered by your membership.

Membership Authorization & Other Membership Terms

You authorize Dr. Treat or its third-party payment processor to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Dr. Treat, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Dr. Treat or a third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Memberships are non-refundable, except if otherwise stated in specific promotional materials. Any refunds may be subject to fees and costs associated with delivering services, not limited to advice or consultation by Dr. Treat’s team members.  We reserve the right to change our membership plans or adjust pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, we will provide you with reasonable advance notice of any price changes or changes to your membership plan. Any such changes will take effect upon the renewal of your membership plan unless you terminate your membership prior to renewal.

The membership term shall commence the day that your membership is paid therein activating your access to talk with our Experts on the Site and shall end 12 months from the anniversary date and shall thereafter be automatically renewed unless you terminate your membership via written email notice to the memberships team or through the mobile app or website.

Membership cancellation policy

All our membership plans are for twelve (12) months. As a member, you must pay for your membership using a credit card that may be stored on file. By signing up for the membership, you agree that once you purchase a membership plan, you will be charged for the cost of the membership upfront.  

If, for some reason, you decide not to continue your membership with Dr. Treat after your first visit, you will be charged $85 for the cost of your vet or tech appointment and refunded the remainder of your membership payment.  If you decide to cancel your membership after your second appointment, whether it is done in-clinic or through phone or the virtual care platform, you will not be entitled to receive any refund towards your membership for that membership year. You may cancel any recurring charges going forward after you have communicated to us and taken appropriate action that you would like to cancel your membership.  For us to process your cancellation, please provide us with the requisite documentation by email to hello@drtreat.com.

Veterinary Services or Products - Late Payments  

All Dr. Treat members are required to make payments for services rendered and any products purchased either at the time of completion of service or at the point of ordering products through Dr. Treat.  You are responsible for all fees, including taxes, service, and processing fees, associated with your use of the Service.  

Failure to comply and failure in making payments per the above said, without limiting Urban Pet's other rights and remedies results in the following: 

  1. (a) Urban Pet may charge interest on the past due amount at the rate of 2.0% per month calculated daily or, if lower, the highest rate permitted under applicable law; 
  2. (b) You shall reimburse Urban Pet for all costs incurred by Urban Pet in collecting any late payments or interest, including legal fees, attorney fees, and collection agency fees; and 
  3. (c) if such failure continues for 30 days or more, Urban Pet may suspend your access to any portion or all of the Services until such amounts are paid in full. 

Privacy Policy - Virtual services / Telehealth

Virtual services or Telehealth delivers veterinary care services using interactive audio and video technology, where the patient and the veterinary professional are not in the same physical location. This may be the communication of the pet owner/pet parent through “video,” “chat” and “phone” with Dr. Treat’s team members. By using our communication tools on the “Site” or through the “App”, you are consenting to be videotaped and recorded without your prior approval.

Access & Licenses

Licenses

Limited License. Subject to your complete and ongoing compliance with these Terms, Dr. Treat grants you, solely for your personal, non-commercial use, during the term of these Terms, a limited, non-exclusive, non-transferable, non-sublicensable license to: (a) install and use one object code copy Dr. Treat’s mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

Access to Third Party Content

By using the Service, you may have to access Content belonging to or originating from third parties ("Third Party Content"). You consent that Urban Pet may present such Third Party Content to you. You acknowledge all responsibility for and assume all risk for using Third Party Content.

As part of the Service, Urban Pet may provide you with convenient links to third-party website(s) as well as other forms of Third Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third-party websites or content or the promotions, materials, information, goods, or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Urban Pet. We are not responsible for any Third Party Content accessed through our Site. If you decide to leave the Site and access Third Party Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any such content.

These Terms do not authorize you to distribute, publicly display, perform, make available, alter, or otherwise use any Third Party Content except as permitted by Urban Pet's Terms.

User-generated content

User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, videos, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content you post to the Service.

Limited License Grant to Dr. Treat. By providing User Content to or via the Service, you grant Dr. Treat a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

User Content Representations and Warranties

Dr. Treat disclaims any liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

  • You are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize Dr. Treat and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Dr. Treat, the Service, and these Terms; your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Dr. Treat to violate any law or regulation; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Dr. Treat may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from various sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Dr. Treat with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Dr. Treat does not permit copyright-infringing activities on the Service.

Monitoring Content

Dr. Treat does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Dr. Treat reserves the right to and may, from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Dr. Treat chooses to monitor the content, Dr. Treat still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law; harass, threaten, demean, embarrass, or otherwise harm any other user of the Service; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Terms agreement or assist or permit any person in engaging in any of the acts described in this agreement.

Digital Millennium Copyright Act

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Urban Pet, Inc.
ATTN: Accounting
1898 Union Street, San Francisco, CA 94123
Email: help@drtreat.com

Ownership of Logo, Trademarks and Design

Dr. Treat logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Urban Pet, Inc. or its affiliates or licensors. This agreement does not transfer from us to you any Urban Pet or third-party intellectual property, and all right, titles, and interests in and to such property will remain (as between the parties) solely with Dr. Treat. The Company reserves all rights that are not expressly granted to you under this agreement.

Communications

For the purposes of communicating with our members, we require an email address and a working mobile phone number.  Because electronic communications are required to use Dr. Treat’s services, you may incur additional charges for data usage or SMS or messaging charges by your carrier or another third-party carrier or provider.  By becoming a “member” of Dr. Treat, you consent to receive communications from Urban Pet via channels you have agreed to (email, SMS, mobile app notifications, voice messaging or phone). You agree that all Terms, agreements, notices, disclosures, and other communications that Urban Pet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. 

MODIFICATION OR TERMINATION

Modification of Agreement or Service

Dr. Treat reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Dr. Treat will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

Termination of Agreement

If you wish to terminate this Agreement or your account, you may simply discontinue using the Site. If you wish to delete your user account data, please Contact Us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and delete your full profile within 30 days.

Urban Pet may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.

Other Provisions

California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE DR. TREAT SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND DR. TREAT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DR. TREAT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DR. TREAT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Dr. Treat ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DR. TREAT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, YOUR USE OF THE PRODUCTS, AND YOUR DEALING WITH ANY OTHER SERVICE USER. 

YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE OR THE PRODUCTS AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. WE ARE NOT RESPONSIBLE FOR ANY HEALTH-RELATED ISSUES OR CLAIMS ARISING FROM YOUR PET(S) USE OF A PRODUCT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DR. TREAT does not disclaim any warranty or other right that Dr. Treat is prohibited from disclaiming under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Dr. Treat ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DR. TREAT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE DR. TREAT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, THE PRODUCTS, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO DR. TREAT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute Resolution and Arbitration

Generally. In the interest of resolving disputes between you and Dr. Treat in the most expedient and cost effective manner, you and Dr. Treat agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Dr. Treat ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

  • bring an individual action in small claims court; 
  • pursue enforcement action through the applicable federal, state, or local agency if that action is available; 
  • seek injunctive relief in a court of law in aid of arbitration; or 
  • to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and Dr. Treat will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Dr. Treat. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”).

Dr. Treat’s address for Notice of Arbitration is:

Urban Pet, Inc. (DBA Dr. Treat)
C/O: Mr. Rakesh Tondon
1898 Union Street
San Francisco, CA 94123.

The Notice of Arbitration must:

  • describe the nature and basis of the claim or dispute; and
  • set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Dr. Treat may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Dr. Treat must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Dr. Treat in settlement of the dispute prior to the award, Dr. Treat will pay you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

Fees

If you commence arbitration in accordance with these Terms, Dr. Treat will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted:

  • solely on the basis of documents submitted to the arbitrator;
  • through a non-appearance based telephone hearing; or
  • by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Dr. Treat for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions

YOU AND DR. TREAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dr. Treat agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision

If Dr. Treat makes any future change to this arbitration provision other than a change to Dr. Treat’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Dr. Treat’s address for Notice of Arbitration, in which case your account with Dr. Treat will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Miscellaneous

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Dr. Treat regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. 

Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Dr. Treat submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the city and county of San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Privacy Policy

Please read the Dr. Treat Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Dr. Treat Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information. The Service is offered by Dr. Treat, Inc., located at 1898 Union Street, San Francisco, CA 94123. You may contact us by sending correspondence to that address or by emailing us at help@drtreat.com

Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Notice Regarding Apple

This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Dr. Treat only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the mobile application. Apple is not responsible for addressing any claims by you or any third party relating to the mobile application or your possession and/or use of the mobile application, including: (a) product liability claims; (b) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the mobile application and/or your possession and use of the mobile application infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the mobile application. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.