Terms & Conditions
TERMS OF SERVICE
Last updated: July 9, 2026
Petwell Inc. d/b/a Petwealth ("Petwealth," "we," "our," or "us") makes available the Petwealth website, mobile application, software platform, and related products, features, content, and functionality (collectively, the "Services") subject to these Terms of Service (the "Agreement").
References in this Agreement to the "Site" include the public-facing website, and functionality made available by Petwealth as it relates to the Services.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FORMS A LEGALLY ENFORCEABLE AGREEMENT FOR USE OF THE PETWEALTH SERVICES. BY USING THE SITE, ORDERING OR RESERVING ANY TEST KIT, SUBMITTING A SAMPLE, ACCESSING ANY INFORMATION FROM THE SERVICES, BENEFITING FROM THE SERVICES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SERVICES, CREATING AN ACCOUNT, CLICKING "I ACCEPT," OR MANIFESTING YOUR ASSENT TO THIS AGREEMENT IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THIS AGREEMENT. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THIS AGREEMENT, YOU MAY NOT USE OR OTHERWISE ACCESS, BENEFIT FROM, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SERVICES.
IMPORTANT, READ CAREFULLY - DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION. SECTION 8 OF THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL, AND LIMITS THE TIME IN WHICH YOU MAY MAKE A CLAIM.
1. REGISTRATION, ACCOUNT, AND COMMUNICATION PREFERENCES
1.1. Eligibility. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SERVICES. BY ACCESSING, USING, ORDERING, RESERVING, OR SUBMITTING INFORMATION OR SAMPLES TO OR THROUGH OUR SERVICES, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 18. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD'S ACCESS TO OR USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOURSELF AND YOUR MINOR CHILD. IF YOU USE THE SERVICES ON BEHALF OF A BUSINESS, ORGANIZATION, VETERINARY PRACTICE, KENNEL, DAYCARE, HOTEL, BREEDER, SHELTER, RESCUE, PHARMACY, RESEARCH INSTITUTION, OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
1.2. Accounts. To access and use certain areas or features of the Site or Services, you may need to register for an online account. By creating an account, you agree to (a) provide accurate, current and complete account information, including pet information and contact information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue, or remedy suspected or actual fraud, abuse, misuse, or security issues, including without limitation termination or suspension of your account.
1.3. Electronic Communications. By creating an account, ordering a test kit, submitting a sample, requesting information, or communicating with us through the Site or Services, you consent to receive electronic communications from us (e.g., via email, text message, in-app message, dashboard notice, or posting notices to the Site). These communications may include notices about your account, kit reservation or purchase, sample status, laboratory processing, results availability, payment authorizations, subscription changes, password changes, updates to this Agreement, and other transactional information and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including newsletters, offers, surveys, and other information we think will be of interest to you. You may opt out of promotional emails at any time by following the unsubscribe instructions provided therein.
1.4. Email and Text Communications. By providing your mobile phone number to us through the Site or Services, you consent to receive calls or text messages at any such phone number sent by or on behalf of us, including autodialed calls and/or text messages, for marketing, promotional, operational, or transactional purposes. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while we process your request and may continue to receive non-marketing transactional or operational messages related to your account, sample, test kit, results, or legal notices. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates charged by your mobile phone carrier may apply.
2. USE OF OUR SERVICES
2.1. Description of Services. Petwealth is a laboratory diagnostic services provider for companion animals. The Services may include at-home diagnostic test kits for sample collection; fecal, oral, respiratory, and other diagnostic panels for dogs and cats; Petwealth collection packs; laboratory analysis of pet biomarker samples; digital diagnostic reports; informational data insights, alerts, and next-step guidance; and related data outputs; pet parent dashboards; veterinary professional dashboards; partner integrations; treatment fulfillment support; and referrals to third-party veterinary telehealth providers. The particular products, panels, data points, turnaround estimates, prices, and features available to you are those described at the time of purchase, reservation, or access and may vary by product, species, location, partner program, or account type.
2.2. Laboratory Testing Only; No Veterinary Practice. Petwealth is a laboratory diagnostic services provider. Petwealth performs laboratory analysis of pet biomarker samples and delivers data outputs to pet parents and their designated veterinary professionals. Petwealth does not practice veterinary medicine. Petwealth does not diagnose, treat, cure, or prevent any disease or medical condition in animals; does not provide medical advice, clinical interpretations, treatment recommendations, prescriptions, or emergency veterinary care; and does not establish, participate in, or assume responsibility for any veterinarian-client-patient relationship ("VCPR") between you and any veterinarian. The existence of a VCPR is determined solely between you and your licensed veterinarian in accordance with applicable state law. All clinical decisions regarding your pet's health, including diagnosis, prognosis, treatment, prescriptions, follow-up care, and ongoing care, must be made by a licensed veterinarian within a valid VCPR. The results, reports, data summaries, alerts, insights, next-step guidance, and other informational outputs provided through the Services are for informational purposes only and are not a substitute for professional veterinary examination, advice, diagnosis, treatment, or care.
2.3. Not Emergency Services. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS. If your pet is experiencing a medical emergency, contact your veterinarian, an emergency animal hospital, or another appropriate emergency veterinary provider immediately. Do not use the Services, or any report, any alert, or any Petwealth feature as a substitute for emergency veterinary care or to assess the urgency of a medical situation. Petwealth assumes no liability for delays in care resulting from reliance on the Services during a medical emergency.
2.4. Sample Collection, Submission, and Processing. You are responsible for following all instructions provided with any test kit, collection device, or dashboard workflow. You agree to submit only samples that you are authorized to submit and that are collected from the pet identified for the applicable kit or account. You further agree not to submit any sample or material that is hazardous, intentionally contaminated, unlawfully obtained, mislabeled, or collected in violation of any applicable law, policy, consent, or authorization. We may reject, decline to process, delay processing of, or request a replacement for any sample if we reasonably determine that the sample is insufficient, damaged, mislabeled, expired, improperly collected, improperly shipped, unsafe, or otherwise unsuitable for processing. Estimated turnaround times are estimates only and are not guaranteed.
2.5. Laboratory Results and Reference Ranges. Laboratory results reflect the analysis of the specific sample submitted and may be affected by sample collection technique, handling, storage, transit conditions, sample integrity, laboratory methods, and other factors. Results may vary from those obtained through other laboratories or testing methods. Normal reference ranges are general guidelines derived from veterinary literature and other sources used by Petwealth and may not reflect the ideal range for your specific pet based on breed, age, health history, current medications, physical examination findings, or other individual factors. Laboratory results are one component of veterinary assessment and must be interpreted by a licensed veterinarian in conjunction with a complete medical evaluation. Petwealth does not guarantee the accuracy, completeness, timeliness, reliability, or clinical applicability of any laboratory result for your pet's individual situation.
2.6. Third-Party Veterinary Telehealth Referrals. Petwealth may refer you to independent third-party veterinary telehealth providers for veterinary consultation. These third-party referrals are not owned, operated, controlled by, or affiliated with Petwealth. Any veterinary advice, diagnosis, treatment, prescription, consultation, or other service provided through any other third-party provider is the sole responsibility of that provider and its independently licensed veterinarians or professionals. Petwealth's referral to, integration with, or display of any third-party provider does not constitute an endorsement of, or assumption of liability for, any services provided by such third parties. Petwealth makes no representations or warranties regarding the quality, accuracy, availability, legality, suitability, or outcome of any services provided by any other third-party provider. Your use of third-party services is governed by the third party's own terms of service, privacy policy, informed consent procedures, notices, and professional obligations. Telehealth services have inherent limitations, including the inability to perform a physical examination, and may not be appropriate for all veterinary concerns. Telehealth services are not a substitute for emergency veterinary care.
2.7. Treatment Plan Fulfillment. Petwealth may facilitate the fulfillment, shipment, or delivery of treatment plans, supplements, prescriptions, or other products that have been authorized by a licensed veterinarian or other authorized third party. You acknowledge and agree that (a) all prescriptions and treatment plans are determined solely by independently licensed veterinarians or other authorized professionals, not by Petwealth, (b) Petwealth's role is limited to facilitating fulfillment and delivery of veterinarian-authorized products or third-party products, (c) Petwealth does not independently recommend, prescribe, modify, endorse, discontinue, or make clinical judgments regarding any treatment plan, prescription, medication, supplement, therapy, or product, (d) you should direct all questions about your pet's treatment plan to the prescribing or attending veterinarian, and (e) Petwealth is not responsible for the clinical efficacy, safety, appropriateness, or outcome of any veterinarian-prescribed or veterinarian-authorized treatment, product, medication, supplement, or therapy.
2.8. Partner and Professional Uses. If you access or use the Services in connection with a veterinary practice, kennel, daycare, hotel, grooming business, breeder, shelter, rescue, pharmacy, therapeutic company, research institution, software integration, or other partner or professional program, you agree that additional written terms may apply. You are responsible for obtaining all permissions, authorizations, consents, and approvals required to submit samples, access pet or owner data, share data with Petwealth or third parties, communicate with pet parents, and use the Services in your operations. You may not represent that Petwealth provides veterinary diagnosis, prognosis, treatment, clinical assessment, medical analysis, clinical interpretation, or medical recommendations. You remain responsible for your own compliance with all laws, regulations, professional rules, privacy obligations, informed consent obligations, and contractual commitments applicable to your activities.
2.9. Regulatory Status and Compliance. Petwealth's Services are limited to laboratory testing, data reporting, data summaries, dashboards, and related non-veterinary support services. Petwealth intends to provide its laboratory diagnostic services in compliance with applicable federal and state regulations and the veterinary practice regulations of each state in which Services are offered. Nothing in this Agreement should be construed as establishing Petwealth as a veterinary medical provider or as expanding Petwealth's Services beyond laboratory diagnostics, data reporting, and related non-veterinary support services.
2.10. Our Rights in and to Petwealth Materials. The Site, Services, our systems, our databases, our algorithms, our laboratory workflows, our dashboards, and any and all other information, data, documents, materials, works, content, devices, methods, processes, hardware, software, source code, object code, models, reports, interfaces, designs, trademarks, trade dress, and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by us or any subcontractor engaged by us in connection with the Services or otherwise relate to the Services, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the "Petwealth Materials") shall at all times remain the exclusive property of Petwealth and its third-party licensors. Any third-party software included in the Services is licensed subject to the additional terms of the applicable third-party license.
2.11. Grant of License. On the condition that you comply with all of your obligations under this Agreement and subject to additional terms of any third-party licenses applicable to our Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your personal, non-commercial pet care purposes or, if expressly authorized by Petwealth in writing, for the limited partner, professional, or business purposes authorized by Petwealth. We reserve all rights not expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to the Services. Any use of the Services that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in termination of your right to access and use the Services. You are not acquiring any rights in or to the Petwealth Materials other than a non-exclusive right to access and use the Services solely in accordance with this Agreement.
2.12. Modification. We may discontinue or alter any aspect of the Services, restrict the time the Services are available, restrict the amount of use permitted, change available panels, change workflows, change kit contents, modify reports or dashboards, update algorithms, reference ranges, scoring logic, or data sources, and install bug fixes, updates, patches, and other upgrades to the Services at our sole discretion and without prior notice or liability to you, except as required by law or expressly provided in this Agreement. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.
2.13. Removal of Access. Your access to the Services is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to the Services or any part thereof. Cause for such measures may include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to the Services; (3) unexpected technical, operational, sample integrity, payment, regulatory, or security issues or problems; (4) extended periods of inactivity; (5) your engagement in fraudulent, abusive, unsafe, or illegal activities; or (6) our reasonable belief that suspension or termination is necessary to protect users, pets, partners, our systems, third parties, or the integrity of the Services. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
2.14. Defects and Availability. We use commercially reasonable efforts to maintain the Services, but we are not responsible for any defects or failures associated with the Services, any part thereof, any sample shipping delays, any inability to process a sample, any laboratory delay, any third-party service issue, or any damages that may result from such defects or failures. The Services may be inaccessible, delayed, unavailable, or inoperable for any reason, including equipment malfunctions; periodic maintenance procedures or repairs; sample collection, shipping, receiving, or laboratory processing issues; unavailability of third-party service providers; payment processor issues; network failures; or causes beyond our reasonable control or which we could not reasonably foresee. You understand that portions of the Services are provided over the Internet and depend on third-party services, so quality and availability may be affected by factors outside our control. The Services are not intended to be available 100% of the time, and we do not make any representations, warranties, or guarantees regarding the reliability, timeliness, accuracy, turnaround time, or availability of the Services. We will not be liable to you or any third party for damages or losses related to the Services being unavailable, delayed, inaccurate, incomplete, or otherwise not functioning as expected.
2.15. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Services except as expressly authorized by Petwealth in writing; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, algorithmic logic, model weights, methods, or ideas upon which the Services, or Petwealth Materials are based; (3) use the Services or Petwealth Materials to develop a competing service, product, dataset, model, or diagnostic offering; (4) use any device, software, or routine intended to damage or interfere with the proper functioning of the Services, servers, laboratories, shipping workflows, or networks connected to the Services; (5) decrypt, transfer, create Internet links to the Services, or frame or mirror the Services on any other server or wireless or Internet-based device; (6) use or merge the Services or any component thereof with software, databases, artificial intelligence systems, models, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic, technical, contractual, or operational protection measures in place to regulate or control access to the Services; (8) use the Services for unlawful, fraudulent, abusive, unsafe, or unauthorized purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the Services without our written permission; (10) use any bot, spider, scraper, crawler, or other automatic or manual device or process to harvest, compile, train on, or extract information from the Services; (11) access or attempt to access any other user's account, pet data, laboratory results, dashboard, sample, report, or partner account; (12) use any Petwealth Materials in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, privacy right, publicity right, or other proprietary right of any party; (13) introduce into the Services any virus, rogue program, Trojan horse, worm, malicious code, intentionally destructive code, back door, time bomb, drop dead device, or other software routine designed to permit unauthorized access to, disable, erase, or otherwise harm the Services; (14) delete, modify, hack, or attempt to change or alter the Services, Petwealth IP, or notices on the Services; (15) connect to or access any Petwealth computer system, laboratory system, database, or network other than the Services interfaces made available to you; (16) impersonate any other person or entity to use or gain access to the Services; (17) submit false, misleading, mislabeled, or unauthorized pet information, health information, sample information, or User Content; (18) use, describe, market, publish, or present laboratory results, reports, alerts, or other outputs as a veterinary diagnosis, prognosis, clinical assessment, clinical score, medical analysis, clinical interpretation, treatment recommendation, medical recommendation, or evaluation of your pet's health; or (19) state or imply that Petwealth diagnoses, assesses, evaluates, interprets, recommends, or medically analyzes your pet's health.
2.16. Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities, regulators, laboratories, veterinary boards, payment processors, shipping providers, and other third parties in investigating or prosecuting users who violate this Agreement.
3. FEES AND PAYMENT
3.1. Fees and Payment. Certain Services are available for purchase. By purchasing any Service, you agree to pay all applicable fees, taxes, shipping charges, laboratory charges, and other amounts described at the time of purchase. Fees may vary by product, species, panel, bundle, partner program, veterinary or professional pricing program, geography, promotion, or account type. We may use third-party payment processors, and your payment may also be subject to their terms and policies.
3.2. Preorders, Reservations, and Shipment Timing. Certain kits or Services may be offered on a preorder or reservation basis before shipment, launch, or general availability. Any shipment date, launch date, turnaround time, delivery time, or availability date provided on the Site, in a confirmation email, or in other communications is an estimate only and may change. We may provide confirmation emails, shipment notices, tracking information, or other updates when available. We are not liable for delays caused by product availability, laboratory capacity, shipping providers, weather, customs, regulatory issues, payment issues, supply chain issues, or other circumstances outside our reasonable control.
3.3. Refund Policy. All sales are final at the time an order is placed. We do not offer refunds once a kit has been purchased.
3.4. Price Changes. Petwealth reserves the right to change pricing, kit prices, partner pricing, shipping charges, or other charges.
4. CONTENT, SAMPLES, AND DATA ON OUR SERVICES
4.1. Petwealth Intellectual Property. As between you and us, we exclusively own all right, title, and interest in and to Petwealth Materials, Feedback, and, without limitation, all ideas, inventions, inferences, discoveries, information, photos, videos, text, graphics, source and object software code, algorithms, models, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, dashboards, interfaces, workflows, reports, and all images, trademarks, service marks, logos, and icons displayed or related therein or thereto, whether provided by us or third parties (collectively, "Petwealth IP"). Except as expressly provided herein, you have no right, license, or authorization with respect to any Petwealth IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any Petwealth IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm our right, title, and interest in the Petwealth IP. Petwealth is not transferring or granting to you any right, title, or interest in or to, or granting you any license or other permissions in or to, any Petwealth IP, except for the limited rights granted to you to use the Services, which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any Petwealth IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, trade secret laws, patent laws, and communications regulations and statutes. Trademarks owned by third parties are the property of their respective owners. You understand and agree that our rights in any Petwealth IP are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Petwealth IP.
4.2. User Content, Pet Data, and Sample Data. The Services may include features that allow you to upload, submit, download, store, or transmit data, information, personal information, pet information, biological samples, sample identifiers, photographs, messages, feedback, communications, payment information, veterinary information, medical history, laboratory results, and other content through the Services (collectively, "User Content"). As between you and Petwealth, you retain ownership of your User Content, subject to the rights and licenses granted in this Agreement. By submitting User Content to or through the Services, you grant us a non-exclusive, worldwide, royalty-free right and license to use, reproduce, modify, process, store, analyze, transmit, display, distribute, create derivative works of, and otherwise use User Content for the purposes of providing, operating, maintaining, securing, supporting, personalizing, and improving the Services; processing samples; generating laboratory results, reports, data insights, alerts, and other outputs; communicating with you; facilitating partner, veterinary professional, telehealth, laboratory, payment, shipping, support, and other service provider activities; complying with law; protecting our rights and users; improving our algorithms and products; and conducting aggregated, de-identified, or anonymized research and analytics, in each case subject to our Privacy Policy and applicable law. You may request deletion of certain User Content as described in our Privacy Policy, subject to legal, regulatory, operational, laboratory, dispute, recordkeeping, and safety retention requirements.
4.3. User Content Restrictions. You may not upload, post, submit, ship, or transmit any User Content or sample that: (1) would violate or infringe the proprietary, privacy, publicity, contractual, professional, or intellectual property rights of us or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, harmful, unsafe, fraudulent, misleading, or otherwise objectionable; (3) violates any applicable law, statute, ordinance, regulation, professional rule, consent, authorization, or contractual restriction; (4) puts in jeopardy the security, integrity, legality, or reliability of your account, Petwealth, any laboratory, any partner, or the Services; (5) is mislabeled, intentionally contaminated, unlawfully obtained, or unsafe to handle or process; or (6) promotes or displays pornography, violence, racial intolerance, advocacy against any individual, group, or organization, profanity, illicit drugs, drug paraphernalia, or other unlawful content. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, remove, reject, or decline to process any and all User Content or samples. You understand and expressly acknowledge that by using the Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on the Services.
4.4. Feedback. We welcome your comments, feedback, information, ideas, suggestions, or materials regarding the Services (collectively, "Feedback"). Your Feedback will become our property upon your submission to us. By submitting Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish, and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
4.5. Links; Third-Party Materials. The Services may include links to other websites or resources on the Internet, or utilize services, content, data, software, products, advice, consultations, payment tools, shipping tools, telehealth tools, laboratory services, veterinary professional dashboards, or other materials of third parties (collectively, "Third-Party Materials"). Because we have no control over Third-Party Materials or the administration of Third-Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, advice, treatment, prescriptions, consultations, data practices, or other materials on or available from such Third-Party Materials or for any privacy, security, professional, or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, or resulting from your use of or reliance on any such Third-Party Materials available on or through any such website, resource, integration, or provider. We strongly encourage you to review any separate terms of use and privacy policies governing use of Third-Party Materials.
5. REPRESENTATIONS
5.1. Your Representations. You hereby represent and warrant that: (1) you are at least the age of 18 and have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate, current, and complete to the best of your knowledge; (3) you will comply with this Agreement and any other agreement to which you are subject that is related to your use of the Services, your samples, your User Content, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including your legal name, email address, mailing address, payment information, pet information, and any other information we may reasonably require; (5) your access to and use of the Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use, law, regulation, professional rule, consent, or authorization to which you are subject; (6) you will immediately notify us if you learn or suspect that your account credentials, contact information, sample identifiers, results, or other sensitive information have been disclosed to or accessed by any unauthorized person; (7) you will not use the Services to gain competitive intelligence about us, the Services, the Petwealth Materials, any product offered via the Services, or any laboratory or partner program or to otherwise compete with us; (8) your User Content does not violate the rights of any third party, including intellectual property, privacy, publicity, contractual, property, or professional rights, and constitutes an original work of authorship by you or information that you are authorized to provide; (9) you own or are authorized to act for the owner, caretaker, veterinary professional, business, or organization responsible for any pet for which you submit information or samples; (10) you have obtained all consents, authorizations, and rights necessary to submit any sample, pet information, pet health information, User Content, or other information through the Services; and (11) you will not rely on laboratory results, reports, alerts, or other informational outputs as a substitute for consulting a licensed veterinarian.
5.2. Feedback Representations. If you provide any Feedback via the Services, you hereby make the following additional representations and warranties to us: (1) you are the owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including intellectual property, privacy, publicity, contractual, or professional rights, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate to the best of your knowledge.
6. DISCLAIMERS OF WARRANTY
NO VETERINARY ADVICE; NO EMERGENCY CARE. PETWEALTH IS NOT A VETERINARIAN AND DOES NOT PRACTICE VETERINARY MEDICINE. THE SERVICES, LABORATORY RESULTS, REPORTS, DATA SUMMARIES, ALERTS, INSIGHTS, NEXT-STEP GUIDANCE, AND OTHER OUTPUTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY ARE NOT VETERINARY MEDICAL ADVICE, DIAGNOSIS, PROGNOSIS, CLINICAL INTERPRETATION, TREATMENT, PRESCRIPTION, OR A SUBSTITUTE FOR PROFESSIONAL VETERINARY EXAMINATION OR CARE. ALWAYS CONSULT A LICENSED VETERINARIAN FOR MEDICAL ADVICE, DIAGNOSIS, AND TREATMENT FOR YOUR PET. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS.
LABORATORY RESULTS. LABORATORY RESULTS REFLECT THE ANALYSIS OF THE SPECIFIC SAMPLE SUBMITTED AND MAY BE AFFECTED BY SAMPLE COLLECTION TECHNIQUE, HANDLING, STORAGE, TRANSIT CONDITIONS, SAMPLE INTEGRITY, LABORATORY METHODS, AND OTHER FACTORS. RESULTS MAY VARY FROM THOSE OBTAINED THROUGH OTHER LABORATORIES OR TESTING METHODS. NORMAL REFERENCE RANGES ARE GENERAL GUIDELINES AND MAY NOT REFLECT THE IDEAL RANGE FOR YOUR SPECIFIC PET BASED ON BREED, AGE, HEALTH HISTORY, CURRENT MEDICATIONS, PHYSICAL EXAMINATION FINDINGS, OR OTHER INDIVIDUAL FACTORS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING ALL LABORATORY RESULTS, REPORTS, DATA INSIGHTS, ALERTS, SAMPLE COLLECTION MATERIALS, THIRD-PARTY MATERIALS, AND RELATED CONTENT, PRODUCTS, AND FEATURES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, COMPLETENESS, CLINICAL APPLICABILITY, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES, PETWEALTH MATERIALS, SAMPLE COLLECTION MATERIALS, LABORATORY PROCESSING, REPORTS, DATA INSIGHTS, ALERTS, THIRD-PARTY MATERIALS, OR OTHER INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS; THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE; THAT ANY SAMPLE WILL BE RECEIVED, ACCEPTED, OR SUCCESSFULLY PROCESSED; THAT ANY RESULTS, REPORTS, DATA, DATA INSIGHTS, ALERTS, TURNAROUND TIMES, OR INFORMATION FOUND ON OR THROUGH THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, CURRENT, OR SUITABLE FOR YOUR PET'S INDIVIDUAL CLINICAL SITUATION; THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED; THAT THE SERVICES OR ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE; THAT ANY PARTICULAR HEALTH OUTCOME, COST SAVINGS, EARLY DETECTION, TREATMENT RESULT, OR VETERINARY OUTCOME WILL RESULT FROM USE OF THE SERVICES; OR THAT THE QUALITY, ACCURACY, AVAILABILITY, LEGALITY, SUITABILITY, OR OUTCOME OF ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, THIRD-PARTY PROVIDERS, OR MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WE WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
ANY CONTENT, REPORT, RESULT, SAMPLE KIT, MATERIAL, OR OTHER ITEM DOWNLOADED, OBTAINED, USED, ORDERED, OR SUBMITTED THROUGH THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS, COST, HEALTH-RELATED DECISION, DELAY IN CARE, OR VETERINARY COST THAT RESULTS FROM USE OF OR RELIANCE ON ANY SUCH CONTENT, REPORT, RESULT, SAMPLE KIT, MATERIAL, OR ITEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES, ANY PRODUCT, ANY REPORT, ANY THIRD-PARTY PROVIDER, OR ANY PETWEALTH REPRESENTATIVE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNITY; LIMITATION OF LIABILITY
7.1. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PETWEALTH, OUR AFFILIATES, AND ALL OF THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, LABORATORIES, SERVICE PROVIDERS, AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, COSTS, OR EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF THE SERVICES, (B) YOUR VIOLATION OF THIS AGREEMENT, (C) ANY USER CONTENT, SAMPLE, PET INFORMATION, OR OTHER INFORMATION YOU PROVIDE THROUGH THE SERVICES, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, (E) YOUR NEGLIGENCE, FRAUD, MISREPRESENTATION, OR WILLFUL MISCONDUCT, (F) YOUR RELIANCE ON LABORATORY RESULTS, REPORTS, ALERTS, INSIGHTS, OR OTHER INFORMATIONAL OUTPUTS FOR CLINICAL DECISIONS WITHOUT CONSULTING A LICENSED VETERINARIAN, (G) YOUR MISREPRESENTATION OF LABORATORY RESULTS, REPORTS, ALERTS, INSIGHTS, OR OTHER SERVICE OUTPUTS AS A VETERINARY DIAGNOSIS, PROGNOSIS, CLINICAL ASSESSMENT, MEDICAL ANALYSIS, CLINICAL INTERPRETATION, TREATMENT RECOMMENDATION, OR MEDICAL RECOMMENDATION, OR (H) ANY CLAIM BY A THIRD PARTY RELATED TO YOUR PET, YOUR SAMPLE, YOUR BUSINESS, YOUR PARTNER PROGRAM, YOUR PROFESSIONAL SERVICES, OR YOUR USE OF THE SERVICES.
7.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOSS OF DATA; LOSS OF USE; LOSS OF GOODWILL; WORK STOPPAGE; BUSINESS INTERRUPTION; PERSONAL INJURY; PET INJURY; PET ILLNESS; PET DEATH; VETERINARY COSTS; HEALTH OUTCOMES; ADVERSE EVENTS; OR DAMAGES ARISING FROM DELAYED CARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES SHALL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SERVICES, LABORATORY RESULTS, REPORTS, ALERTS, INSIGHTS, OR ANY ALGORITHMIC OUTPUT; ACTIONS TAKEN OR NOT TAKEN BASED ON LABORATORY RESULTS, REPORTS, ALERTS, INSIGHTS, OR OTHER INFORMATIONAL OUTPUTS; ANY HEALTH OUTCOMES, ADVERSE EVENTS, VETERINARY COSTS, OR DAMAGES TO YOUR PET ARISING FROM ACTIONS TAKEN OR NOT TAKEN BASED ON INFORMATION PROVIDED THROUGH THE SERVICES; SERVICES, ADVICE, DIAGNOSIS, TREATMENT, PRESCRIPTIONS, CONSULTATIONS, QUALITY, ACCURACY, OR OUTCOMES PROVIDED BY THIRD-PARTY PROVIDERS; INTERRUPTION, SUSPENSION, DELAY, OR UNAVAILABILITY OF THE SERVICES; SAMPLE LOSS OR DAMAGE; SHIPPING DELAYS; LABORATORY DELAYS; ERRORS, INACCURACIES, OMISSIONS, OR LIMITATIONS IN RESULTS, OR REPORTS; OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO PETWEALTH FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. DISPUTE RESOLUTION AND GOVERNING LAW
BY AGREEING TO THIS AGREEMENT, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND PETWEALTH BY INDIVIDUAL BINDING ARBITRATION, AS DESCRIBED IN THIS SECTION. PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY, AS IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW ANY CLAIMS YOU AND PETWEALTH HAVE AGAINST EACH OTHER ARE RESOLVED.
8.1. Informal Resolution. To the extent feasible, the parties desire to resolve any dispute, claim, or controversy arising out of or relating to your use of or access to the Services or Petwealth IP and Petwealth Materials, this Agreement, or the breach, termination, enforcement, interpretation, or validity of this Agreement (a "Dispute") through discussions and negotiations between each other. Before filing any formal claim, you agree to contact Petwealth at legal@petwealth.com and attempt to resolve the Dispute informally for at least thirty (30) days. The parties agree to attempt to resolve any Disputes by negotiation with the other party by phone, electronic correspondence, or written correspondence.
8.2. Arbitration. Any Dispute not resolved by informal negotiation will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA"). If you are a consumer, the arbitration shall be commenced and conducted under the AAA Consumer Arbitration Rules; otherwise, the arbitration shall be commenced and conducted under the AAA Commercial Arbitration Rules. The arbitration shall be held in the State of Florida unless the parties agree to another location or remote proceeding or applicable law requires otherwise. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party or required by applicable rules. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, the parties may litigate in court, subject to the limitations in this Section 8, to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
8.3. Class Action Waiver. You and Petwealth agree that any dispute resolution proceedings will be conducted only on an individual basis, and that neither party may bring claims against the other as a plaintiff or class member in any purported class, collective, consolidated, mass, private attorney general, representative, or class-wide arbitration, action, or proceeding. No arbitration or proceeding can be combined, consolidated, or joined with another arbitration or proceeding without the prior written consent of all parties to the arbitration or proceeding. The arbitrator may award relief in favor of or against only the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). If this class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
8.4. Court Proceedings; Jury Trial Waiver. If for any reason a Dispute proceeds in court rather than in arbitration, any court proceeding will take place exclusively in the state or federal courts located in Florida, unless applicable law requires otherwise, and you hereby consent to the exclusive jurisdiction and venue of such courts. You irrevocably submit and consent to the personal jurisdiction of such courts. Additionally, if for any reason a Dispute proceeds in court rather than in arbitration, you and Petwealth each waive any right to a jury trial.
8.5. Severability of Dispute Terms. If any portion of this Section 8 is found to be invalid or unenforceable by a tribunal of competent jurisdiction, that portion shall be severed, and the remaining provisions shall remain in full force and effect, except as otherwise expressly provided in Section 8.3.
8.6. Limitations Period. YOU MUST FILE A COMPLAINT WITH AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT OR FACTS.
8.7. Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Delaware without reference to its conflicts or choice of law principles. Notwithstanding the foregoing, Petwealth's laboratory diagnostic services and partner programs may be subject to applicable federal, state, and local laws and regulations, including veterinary practice, laboratory, consumer protection, privacy, telehealth, advertising, subscription, shipping, and e-commerce laws in the jurisdictions in which Services are offered. Petwealth's laboratory diagnostic services are provided in compliance with applicable federal and state regulations and the veterinary practice regulations of each state in which Services are offered. Petwealth's services are limited to laboratory testing and data reporting, and Petwealth does not engage in the practice of veterinary medicine as defined under applicable state law.
9. MISCELLANEOUS
9.1. Term. This Agreement is effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate this Agreement at any time by immediately discontinuing all access to and use of the Services and, if applicable, closing your account or canceling your subscription. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you, except as required by law. Further, you agree that we will not be liable to you or any third party for any termination or suspension of your access to the Services or any part thereof.
9.2. Independent Contractors. You understand and expressly agree that you and us are independent contractors and not agents, partners, joint venturers, fiduciaries, or employees of the other party. Neither you nor us has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
9.3. Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction, without necessity of posting bond, specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
9.4. Entire Agreement; Updates. This Agreement and any hyperlinked policies, product-specific terms, subscription terms, partner terms, privacy policy, legal disclaimers, and procedures constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update this Agreement from time to time and will post the updated Agreement to our Site or otherwise make it available through the Services. Unless otherwise stated in the amended version of this Agreement, any changes to this Agreement will apply immediately upon posting, except that material changes will be communicated as required by law or as otherwise stated in the Services. Although we are not obligated to provide you with notice of every change, changes to this Agreement will not apply retroactively to events that occurred prior to such changes unless required or permitted by law. Your continued use of the Services will constitute your agreement to any new provisions within the revised Agreement.
9.5. Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce it. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be modified to the minimum extent necessary to make it valid and enforceable or, if modification is not permitted, deemed not to be part of this Agreement.
9.6. Assignment. You may not assign, transfer, or sell, voluntarily or by operation of law, your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time, including in connection with a merger, acquisition, reorganization, sale of assets, financing, change of control, or by operation of law.
9.7. Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including provisions governing ownership and use of intellectual property, data rights, sample and content restrictions, representations, disclaimers, warranties, liability, indemnification, dispute resolution, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
9.8. Contact Us. If you have questions about these Terms of Service, please contact us at legal@petwealth.com.
