Terms of service.
Dog park
· WOLF TRAP ANIMAL RESCUE & VETERINARY HOSPITAL
TERMS AND CONDITIONS; WAIVER AND RELEASE OF LIABILITY
THIS AGREEMENT is entered into by and between WOLF TRAP ANIMAL RESCUE & VETERINARY HOSPITAL (WTAR&H), and the individual whose name is listed below, and who is the owner (the “Owner” and WTAR & H and Owner are hereinafter sometimes referred to, collectively, as the Parties, and each a Party) of the dog(s) more particularly described in Exhibit A attached hereto (“Owner’s Dogs”).
RECITALS:
WHEREAS, WTAR & H wishes to allow Owner and Owner’s Dogs to utilize the Park (defined below); and
WHEREAS, Owner wishes to use, and have Owner’s Dogs use the Park (defined below); and WHEREAS, WTAR & H wishes to protect its interests in allowing Owner and Owner’s Dogs to utilize
WTAR & H’s facilities and establish rules for Owner’s and Owner’s Dogs’ use of the Park (defined below); and
WHEREAS, the covenants, representations, warranties, indemnity clauses, and waivers contained herein are considered by WTAR & H the best way to protect its interests; and
WHEREAS, Owner fully understands all covenants, representations, warranties, indemnity clauses, and waivers contained in this Agreement, and by Owner’s signature, agrees to ensure the continuing validity and to be bound by all of the foregoing.
NOW, THEREFORE, the Parties agree as follows:
1) Owner is aware that WTAR & H is designed to be a private dog park (collectively, the “Park”) that allows only dogs who are members to WTAR & H to remain off leash in designated areas. WTAR & H assumes no liability for any injuries sustained to or by Owner or Owner’s Dogs.
2) Owner understands and agrees that Owner must vigilantly supervise and be in control of Owner’s Dogs at all times during Owner and Owner’s Dogs visits to the Park. Owner must ensure Owner’s Dogs are kept on a leash in all areas of the Park not explicitly designated as an off-leash area. Owner shall observe all leash laws to which Owner and Owner’s Dogs are subject traveling to and from the Park.
3) Owner understands that Owner is fully responsible for Owner’s Dogs behavior, and shall promptly break up any disturbances or fights involving Owner’s Dogs. Owner also understands that Owner is fully responsible for cleaning up after Owner’s Dogs, and shall dispose of all waste in a manner commensurate with any waste cleanup policy implemented by WTAR & H.
4) Owner understands that in admitting Owner’s Dogs to the Park, Owner is representing to WTAR & H that Owner’s Dogs have never previously harmed humans or other animals in any manner, and have never exhibited any signs of aggressive or threatening behavior towards humans or other animals in any manner. Owner understands that should any of Owner’s Dogs display or demonstrate aggressive behavior, or behavior deemed unacceptable by any member of the Park’s staff (“Staff”), Owner shall be required to remove Owner’s Dogs from the Park.
5) Owner’s Dogs have been evaluated by a veterinarian and have been deemed by said veterinarian to be healthy, are at least FOUR (4) months old, are spayed or neutered, and are current on all vaccinations, including but not limited to DHPP/DAPP, Bordetella, and Rabies. Prior to visiting the Park and upon request by any of the Staff, Owner shall provide proof of current vaccinations to WTAR & H. None of the Owner’s Dogs has any condition that could potentially jeopardize the health of other dogs or people at the Park, or any potentially communicable condition, nor had any such condition within THIRTY (30) days hereof. Owner understands that notwithstanding the fact that Owner’s Dogs are vaccinated for Bordetella (Kennel Cough), there remains a chance that the Owner’s Dogs could still contract Bordetella WTAR & H shall not be held responsible if Owner’s Dogs contract Bordetella.
6) WTAR & H may refuse admittance to the Park to any dog or human, or to dismiss any dog that does not meet the health, temperament, or other standards set by WTAR & H, or which WTAR & H, in their sole discretion, deems appropriate, or is not a member of WTAR & H.
7) No person under EIGHTEEN (18) years of age shall be permitted in any of the Park’s off-leash areas including, but not limited to, the indoor park. By agreeing below, Owner acknowledges that Owner is at least EIGHTEEN (18) years of age. In addition to the foregoing, Owner covenants that Owner shall not allow any of Owner’s guests under EIGHTEEN (18) years of age into any of the Park’s off-leash areas, and that Owner shall indemnify WTAR & H for and defend WTAR & H against any and all damages stemming from any of Owner’s guests under EIGHTEEN (18) years of age being in, or entering, in any manner, any of the Park’s off-leash areas.
8) Any membership associated with this Agreement may be cancelled at any time by Owner, with such cancellation becoming effective upon the expiration of Owner’s current membership term. WTAR & H shall not be responsible for reimbursing or refunding Owner any portion of any membership fees paid by Owner to WTAR & H for any unused portion of Owner’s membership. WTAR & H may revoke Owner’s membership if, at any time, Owner’s Dogs misbehave while at the Park, as determined by WTAR & H in its sole discretion, if Owner’s Dogs are involved in any fight with another dog, or if Owner’s Dogs bite any person or other dog.
9) Staff may ask Owner to relocate Owner’s Dogs to a separate play area or to remove Owner’s Dogs from unleashed play at any time, subject to Staff’s sole discretion, and may ask Owner to remove Owner’s Dogs from the Park if the level of play of Owner’s Dogs or any other dog exceeds a level Staff deems acceptable. Owner shall not be entitled to any refund for any visit during which Owner is asked to remove Owner’s Dogs from the Park.
10) OWNER DOES HEREBY AGREE: (I) TO BE SOLELY FINANCIALLY RESPONSIBLE FOR, AND SHALL INDEMNIFY AND HOLD HARMLESS WTAR & H, INCLUDING ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, AND RELATED PARTIES (“RELEASED PARTIES”); (II) TO RELEASE, WAIVE, DISCHARGE, AND COVENANTS NOT TO SUE RELEASED PARTIES FOR ANY LOSS, LIABILITY, COST, CLAIM, OR DAMAGES OF ANY AND EVERY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES), EXPENSE (INCLUDING, WITHOUT LIMITATION, COSTS OF INVESTIGATION, DEFENSE AND/OR SETTLEMENT, AND REASONABLE ATTORNEY’S FEES AND/OR EXPENSES), AND/OR CAUSE OF ACTION, WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM (COLLECTIVELY, “DAMAGES”) ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, AND/OR DEATH THAT OCCURS TO OWNER OR OWNER’S DOG, OR ANY OTHER PERSON OR DOG, AS A RESULT OF OWNER ELECTING TO VISIT THE PARK (INCLUDING DAMAGES CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF WTAR & H OR STAFF); AND (III) TO KNOWINGLY AND VOLUNTARILY ASSUME ANY AND ALL RISK OF HARM TO OWNER, OWNER’S DOGS, OR ANY OTHER PERSON OR DOG (INCLUDING DAMAGES CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF WTAR & H OR STAFF). OWNER UNDERSTANDS THAT ANY TIME GROUPS OF DOGS OCCUPY COMMON SPACE, THERE IS A CHANCE THAT A DOG MAY BE INJURED. BY AGREEING BELOW, OWNER GIVES PERMISSION FOR OWNER’S DOGS TO OCCUPY SPACE WITH OTHER DOGS, AND ACKNOWLEDGES THAT, ALTHOUGH WTAR & H HAS MADE EFFORTS TO PROVIDE A SAFE AND CLEAN ENVIRONMENT FOR DOGS, OWNER IS NOT RELYING ON ANY REPRESENTATION, WARRANTY, OR COVENANT BY WTAR & H TO THAT EFFECT.
11) WTAR & H may change the rules governing Owner and Owner’s Dogs at any time, without notice, subject to the absolute discretion of WTAR & H and Staff.
12) Owner understands and expressly agrees that each of the provisions in this Agreement shall be in full force and effect, and shall apply to each and every of Owner’s and Owner’s Dogs visits to the Park. This Agreement shall remain in full force and effect as between WTAR & H and Owner, until and unless otherwise cancelled or superseded in a writing signed by the Parties.
OWNER HEREBY CERTIFIES THAT OWNER HAS READ AND UNDERSTANDS THIS AGREEMENT AND ALL PROVISIONS HEREOF. BY AGREEING BELOW, OWNER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND WARRANTS THAT OWNER IS THE OWNER OF THE OWNER’S DOGS, OR IS THE OWNER’S AGENT FOR PURPOSES OF VISITING THE PARK, AND HAS THE OWNER’S AUTHORITY TO ENTER INTO THIS AGREEMENT ON OWNER’S BEHALF.
13) If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14) WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 13.
15) This Agreement, including any membership interests connected hereto, and any items or privileges connected hereto or thereto, may not be assigned or conveyed to a third party at any time under any circumstances. Assignment or conveyance of any of the foregoing shall lead to immediate termination of this Agreement and all rights or privileges appurtenant hereto.
16) Upon termination or expiration of this Agreement, Owner shall immediately return any items obtained from WTAR & H to be used during the term of Owner’s membership by delivering same to the address of the Park or at such other address as WTAR & H may, from time to time, specify.
17) This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement
Hospital membership
Wolf Trap Animal Rescue & Veterinary Hospital’s Membership Terms of Service
Last Revised on March 10th, 2021
Welcome to the Terms of Service for Wolf Trap Animal Rescue & Veterinary Hospital (these “Terms”).
These Terms govern your use of and access to the sites, content, applications, services, tools and features (collectively, the “Services”) provided by Wolf Trap Animal Rescue and our affiliated professional veterinarian practices, including Wolf Trap Animal Rescue & Veterinary Hospital (together, “Wolf Trap Animal Rescue & Veterinary Hospital”, “we” or “us”) related to our membership-based veterinary clinic services. The Services include, without limitation, the website wtarhospital.club and the related Wolf Trap Animal Rescue & Veterinary Hospital facility. Please read these Terms carefully, as they include important information about your legal rights.
By using or accessing the Services, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Please note that Section 9 contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 9.
Table of Contents
1……… Who May Use the Services.
2……… User Accounts, Payment and Gift Cards.
3……… Product Orders.
4……… Location of Our Privacy Policy.
5……… Rights We Grant You.
6……… Ownership and Content.
7……… Third Party Services and Materials.
8……… Disclaimers, Limitations of Liability and Indemnification.
9……… Arbitration and Class Action Waiver.
10……. Additional Provisions.
1. Who May Use the Services
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. Any person can use the services, but membership can only be held by a previously adopted Wolf Trap Animal Rescue alumnus.
2. User Accounts, Payment and Gift Cards
2.1 Creating and Safeguarding your Account. To use the Services, you will need to complete the pre-enrollment form from the website. You agree to provide us with accurate, complete and updated information.
2.2 Membership Payment. If you purchase a membership for our paid Services, 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 to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) we may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. 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, and any such changes will take effect upon the renewal of your membership plan, unless you terminate your membership prior to renewal pursuant to Section 2.4.
2.3 Membership Term, Early Cancellation and Refunds. All of our membership plans for the Services are for a duration of twelve (12) months. You agree that if you purchase a membership plan, you will be responsible for payment of membership fees for the entirety of such (12) month period, and except as expressly set forth in these Terms, payments for any membership plans to the Services are nonrefundable and there are no credits for partially used periods. You may only cancel your “PamperedPooch”, “Pampered Paw” or “LuxLife” membership plan early in the event that (a) you have moved your residence to a location that is not within twenty-five (25) miles of any Wolf Trap Animal Rescue & Veterinary Hospital facility, or (b) the pet for whom you purchased the membership has died (each, a “Cancellable Event”). In order to cancel your “Premium” or “Premium Plus” membership plan due to a Cancellable Event, you are required to provide us with documentation by email to hospital@wtarescue.com evidencing such Cancellable Event, and cancellation of your “PamperedPooch”, “Pampered Paw” or “LuxLife” membership plan shall only be effective if, upon our receipt of such documentation, we determine that such documentation reasonably evidences a Cancellable Event. No refunds of fees paid for “Barebones” or “Casual Cat” membership plans will be granted in the event of a cancellation, even in the event of a Cancellable Event. In the event of a cancellation of your “PamperedPooch”, “Pampered Paw” or “LuxLife” membership plan pursuant to this Section 2.3, you agree that you will be responsible for payment, and that your payment method on file for your membership plan will be charged the amount, of (x) the then-current value of a twelve (12) month “Barebones” or “Casual Cat” membership plan plus the then-current value of all products and Services that you have received through the effective date of cancellation (each calculated at our then-current list prices therefor), less (y) the “PamperedPooch”, “Pampered Paw” or “LuxLife” membership fees accrued and paid by you through the effective date of cancellation (if (x) is greater than (y)). If you have pre-paid the membership fees for the entirety of your twelve (12) month “PamperedPooch”, “Pampered Paw” or “LuxLife” membership plan and you cancel such membership plan pursuant to this Section 2.3, you will be granted a refund of the fees paid for any remaining months (but not partial months) of your membership plan, less any amounts you owe under the preceding sentence. Upon your request, we may in our sole discretion permit a temporary suspension of your membership plan, but we are under no obligation to honor your suspension request.
2.4 Automatic Membership Plan Renewals and Non-Renewal Notice. You agree that if you purchase a membership plan, your membership plan will automatically renew annually (or, if different, at the membership period frequency referenced on your membership page), and your payment method will automatically be charged at the start of each new membership period for the fees and taxes applicable to that period. We will notify you by email at least seven (7) days prior to your scheduled membership plan renewal. To avoid future membership charges, you must notify us of your intent not to renew your membership plan before the membership period renewal date by doing the following: emailing us at hospital@wtarescue.com, calling us at (571)378-1333, visiting our physical location as listed at 8300 Merrifield Ave, STE C
Fairfax, VA 22031r chat with us using the online chat function on our mobile app: petproconnect. Following any such non-renewal notice by you, however, you will continue to have access to the paid Services through the end of your current membership period.
3. Product Orders
3.1 Product/Service Payment. The Service may permit you to purchase certain physical or digital products or services through the Service (“Products”). The Products may also include products or services of third parties that are offered on the Service. You acknowledge and agree that all information you provide with regards to a purchase of Products, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue or limit the available quantity of any Products, and (b) refuse to allow any user to purchase any Products or deliver such Products to a user or a user designated address. When you purchase Products, you (a) agree to pay the price for such Products as set forth in the Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. The Services may allow you to purchase Products and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery or provision of the applicable Products. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.
3.2 Promotional and Referral Code. We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts on future Products, or other features or benefits related to the Services, subject to any additional terms that Wolf Trap Animal Rescue & Veterinary Hospital establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Wolf Trap Animal Rescue & Veterinary Hospital; (d) may be disabled or have additional conditions applied to them by Wolf Trap Animal Rescue & Veterinary Hospital at any time for any reason without liability to Wolf Trap Animal Rescue & Veterinary Hospital; (e) may only be used pursuant to the specific terms that Wolf Trap Animal Rescue & Veterinary Hospital establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Service; and (g) may expire prior to your use.
3.3 No Delivery to Children. In furtherance of our policy of not collecting personal information from persons under the age of 13, you are not allowed to give Wolf Trap Animal Rescue & Veterinary Hospital the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.
4. Location of Our Privacy Policy
4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. For an explanation of our privacy practices, please visit our Privacy Policy.
5. Rights We Grant You
5.1 Restrictions On Your Use of the Services. You may not do any of the following, unless laws prohibit these restrictions or you have our written permission to do so:
a. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
b. use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;
c. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
d. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;
e. use the Services for illegal, harassing, unethical, or disruptive purposes;
f. violate any applicable law or regulation in connection with your use of the Services; or
g. use the Services in any way not expressly permitted by these Terms.
5.2 Use of the App: PetProConnect. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App or the Services. We do not guarantee that the App or the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or the Services will be available in, or that orders for products can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the App or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App or the Services, including your receipt of Push Messages from Wolf Trap Animal Rescue & Veterinary Hospital. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App or the Services on your mobile device, including for your receipt of push messages from Wolf Trap Animal Rescue & Veterinary Hospital.
6. Ownership and Content
6.1 Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Wolf Trap Animal Rescue & Veterinary Hospital and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
6.2 Ownership of Trademarks. The Wolf Trap Animal Rescue & Veterinary Hospital name, the Wolf Trap Animal Rescue & Veterinary Hospital logo and all related names, logos, product and service names, designs and slogans are trademarks of the Wolf Trap Animal Rescue & Veterinary Hospital or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
7. Third Party Services and Materials
7.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
8. Disclaimers, Limitations of Liability and Indemnification
8.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Wolf Trap Animal Rescue & Veterinary Hospital, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Wolf Trap Animal Rescue & Veterinary Hospital Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Wolf Trap Animal Rescue & Veterinary Hospital Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, communications maintained by the Services. No advice or information, whether oral or written, obtained from the Wolf Trap Animal Rescue & Veterinary Hospital Entities or through the Services, will create any warranty or representation not expressly made herein.
8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE WOLF TRAP ANIMAL RESCUE & VETERINARY HOSPITAL ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR PERFORMANCE OR NON-PERFORMANCE THEREOF AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE WOLF TRAP ANIMAL RESCUE & VETERINARY HOSPITAL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WOLF TRAP ANIMAL RESCUE & VETERINARY HOSPITAL ENTITIES’ AGGREGATE LIABILITY TO YOU OR ANY PARTY FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE WOLF TRAP ANIMAL RESCUE & VETERINARY HOSPITAL ENTITIES, IF ANY, FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Wolf Trap Animal Rescue & Veterinary Hospital Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Wolf Trap Animal Rescue & Veterinary Hospital Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your Content, or (e) your negligence or wilful misconduct.
9. ARBITRATION AND CLASS ACTION WAIVER
9.1 Informal Process First. You agree that in the event of any dispute between you and the Wolf Trap Animal Rescue & Veterinary Hospital Entities, you will first contact Wolf Trap Animal Rescue & Veterinary Hospital and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
9.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Wolf Trap Animal Rescue & Veterinary Hospital’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Wolf Trap Animal Rescue & Veterinary Hospital agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Wolf Trap Animal Rescue & Veterinary Hospital are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Wolf Trap Animal Rescue & Veterinary Hospital will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
9.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Wolf Trap Animal Rescue & Veterinary Hospital will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
9.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to hospital@wtaresuce.com or to the U.S. mailing address listed below under the “How to Contact Us” section of these Terms. The notice must be sent to Wolf Trap Animal Rescue & Veterinary Hospital within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Wolf Trap Animal Rescue & Veterinary Hospital also will not be bound by them.
10. Additional Provisions
10.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that Wolf Trap Animal Rescue & Veterinary Hospital may contact you via 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 your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Products. You also understand that you may opt out of receiving text messages from us at any time by contacting hospital@wtarescue.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
10.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Wolf Trap Animal Rescue & Veterinary Hospital website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
10.3 Termination of License and Your Account. If you breach any of the terms of these Terms, all licenses granted by Wolf Trap Animal Rescue & Veterinary Hospital will terminate automatically. Additionally, Wolf Trap Animal Rescue & Veterinary Hospital may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Wolf Trap Animal Rescue & Veterinary Hospital deletes your Account or cancels your membership due to your breach of these Terms, you will not be entitled to any refund, regardless of the remaining duration of your membership plan and you are prohibited from re-registering for the Services or creating a new Account under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Wolf Trap Animal Rescue & Veterinary Hospital or you. Termination will not limit any of Wolf Trap Animal Rescue & Veterinary Hospital’s other rights or remedies at law or in equity.
10.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Wolf Trap Animal Rescue & Veterinary Hospital for which monetary damages would not be an adequate remedy and Wolf Trap Animal Rescue & Veterinary Hospital shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10.5 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.
10.6 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Wolf Trap Animal Rescue & Veterinary Hospital but may not be assigned by you without the prior express written consent of Wolf Trap Animal Rescue & Veterinary Hospital. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County. You and Wolf Trap Animal Rescue & Veterinary Hospital agree that the United Nations Convention on Contracts for International Sale of Goods will not apply to the interpretation or construction of these Terms.
10.7 How to Contact Us. You may contact us regarding the Services or these Terms at: 8300 Merrifield Ave, STE C
Fairfax, VA 22031, by phone at (571)378-1333or by e-mail at hospital@wtarescue.com.
Surgery & special Procedures
I, acting as owner of the animal named above (herein “Animal”), hereby request and authorize Wolf Trap Animal Rescue & Hospital Veterinary Center, its employees, independent contractors, and agents (individually or collectively “Wolf Trap Animal Rescue & Hospital”), to perform veterinary procedure(s) on my Animal, whether requested today or henceforth, which procedures may involve surgery for sexual sterilization or surgery of another type on my Animal.
By signing below, I specifically acknowledge that I understand and agree with the following:
· I understand that the surgery and other types of procedures present hazards and that injury to or death of the Animal may conceivably result.
· There are risks inherent to any procedure requiring the use of anesthetics and drugs.
· I hereby release Wolf Trap Animal Rescue & Hospital from any and all claims arising from or connected with the performance of veterinary procedure(s) on my Animal.
· I agree that I have not or will not claim any right of compensation from any of them, or file action due to such procedure(s), the use of anesthesia, or any consequences related thereto.
· Wolf Trap Animal Rescue & Hospital shall not be liable for any injury or damage to any animal for any disease, accident, injury, or death from any cause whatsoever.
· I agree to indemnify Wolf Trap Animal Rescue & Hospital against any claim for damages to any person, animal, or property.
· I understand that some factors significantly increase surgical risk, including but not limited to underlying or preexisting medical conditions.
· I hereby release Wolf Trap Animal Rescue & Hospital from claims arising from or connected with giving vaccines.
· I understand the inherent risks of failing to maintain current vaccinations and waive all claims arising out of or connected with Wolf Trap Animal Rescue & Hospital performing veterinary services despite such failure.
· If my Animal has not already been fully vaccinated, the risk for contracting a disease or virus increases due to potential exposure at Wolf Trap Animal Rescue & Hospital.
· If my Animal is being vaccinated by Wolf Trap Animal Rescue & Hospital, I understand that there is a risk associated with all vaccinations and that my Animal could still contract the disease or virus being vaccinated against, or my Animal could have another potentially harmful side effect, up to and including death. I also understand that it takes up to four weeks for a vaccination to become effective.
· I certify that my Animal is in good health. I understand that Wolf Trap Animal Rescue & Hospital has the right to refuse service to any animal to which it deems the service a health risk. I understand that Wolf Trap Animal Rescue & Hospital will not always perform a comprehensive health exam and pre-operative lab work on animals before surgeries.
· I understand that Wolf Trap Animal Rescue & Hospital may refuse to provide services to any animal that is not sterilized unless sterilization is occurring simultaneously with other desired procedures.
· I understand that if I do not retrieve my Animal at the agreed upon time, Wolf Trap Animal Rescue & Hospital will exercise its right to place or transfer my Animal, as allowed by the State of Virginia under Va. Code § 3.2-6520. Owners of any animal left after the agreed date and time shall be charged a boarding fee of no less than $100.
· I/We understand and hereby agree that I/we will be responsible to pay Wolf Trap Animal Rescue & Hospital for services rendered. All amounts due to Wolf Trap Animal Rescue & Hospital shall be paid promptly. If you are unable to pay the full amount of the bill at the time of service, regular monthly payments are required and are to be agreed upon with Wolf Trap Animal Rescue & Hospital in writing prior to services being rendered. Accounts thirty (30) days in arrears will be charged interest at the rate of one and one-half percent (1.5%) per month. Further, you agree to pay reasonable attorney fees and costs if this account is placed with an attorney for collection. Your ability to obtain continued or future services may be terminated for non-payment of fees. This Contract is entered into and shall be construed under the laws of the Commonwealth of Virginia. The courts of Rockingham County, Virginia, shall have exclusive jurisdiction and venue over any and all claims or causes of actions concerning this Contract or by and among the parties regarding the services provided hereunder.
Specific certifications by Owner for Animal’s safety:
I certify that my Animal has had no food since 6:00 a.m. the morning of the procedure.
For All Animals being sterilized:
I understand that if my Animal is pregnant, the pregnancy will be terminated during surgery.
I understand that if my Animal has an umbilical hernia, it will be repaired at the time of surgery for an additional charge.
I understand that if my Animal has a retained testicle, there will be an additional charge.
I understand that my Animal will receive a small tattoo on his/her underside to show that he/she has been sterilized.