Terms and Conditions

By using Vet-Opinion service, you agree to our terms and conditions, including particularly these described below:

The service provided by Vet-Opinion.com is different from diagnostic services typically provided by veterinarians. Our Veterinarians and Specialists do not have the benefit of information that be obtained by examining and observing the physical conditions of your pet. As a result, our Veterinarians and Specialists may not be aware of facts or information that would affect their opinions about the diagnosis. We encourage you to share the second opinion with your regular veterinarian.

By using the service provided by Vet-Opinion.com you acknowledge and agree that:
(1) The second opinion is not intended to replace a full veterinary evaluation or a visit to a veterinarian. (2) The absence of a physical examination may affect the veterinarian ability to diagnose your pet’s disease. (3) The veterinarian does not have important information that is usually obtained through a physical exam. (4) The diagnosis that you will receive is limited and provisional

By engaging our services, you acknowledge and agree to assume the risk of these limitations. You further understand that no warranty or guarantee been made concerning any particular result or cure of your pet’s condition.

A. The Terms

1. Acceptance of Terms

Welcome to www.Vet-Opinion.com ("Service" or "Site") owned and operated by Advanced Veterinary Solutions LLC. By clicking "I Agree" on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the privacy policy, and all rules, policies and disclaimers (including FAQ) posted on the Site or about which you are notified (collectively "Terms"). Please review all of the Terms carefully before using the Site.
If you do not agree with all the Terms, do not use the Site. By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.

2. Definitions

In the Terms, "User," "you" and "your" refer to the individual or entity that creates a Vet-Opinion account. "Vet-Opinion", “Vet-Opinion.com”, "we," "us" and "our" refer to Vet-Opinion. "Customer" refers to the person who seeks counseling in the Site. "Veterinarians", and “Specialists” refer to the people who communicate information and answer your questions.

3. Electronic Communications

 

When you visit Vet-Opinion.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses.

B. The Website

4. Purposes of Vet-Opinion.com

The Vet-Opinion Site is a venue for informational and educational purposes to allow Customers to ask questions and Veterinarians and Specialists to answer them. EMERGENCY VETERINARY QUESTIONS SITUATIONS SHOULD BE DIRECTED IMMEDIATELY BY TELEPHONE OR IN PERSON TO YOUR REGULAR VETERINARIAN. Vet-Opinion.com is not the appropriate venue to deal with such situations.
The information given to you from Vet-Opinion Site are to be used for general information purposes only. They are not as a substitute for your veterinarian advice.
No professional-client relationships shall be formed with any Vet-Opinion.com veterinarian or specialist. Due to this nature of the website, no prescriptions can be written, and all medications mentioned in the counsels are only suggestions.

5. Vet-Opinion Disclaimer

 

The service provided by Vet-Opinion.com is different from diagnostic services typically provided by veterinarians. Our veterinarians do not have the benefit of information that be obtained by examining and observing the physical conditions of your pet. As a result, our veterinarians and specialists may not be aware of facts or information that would affect their opinions about the diagnosis. We encourage you to share the second opinion with your regular veterinarian.

By using the service provided by Vet-Opinion.com you acknowledge and agree that: (1) The second opinion is not intended to replace a full veterinary evaluation or a visit to a veterinarian. (2) The absence of a physical examination may affect the veterinarian ability to diagnose your pet’s disease. (3) The veterinarian does not have important information that is usually obtained through a physical exam. (4) The diagnosis that you will receive is limited and provisional

By engaging our services, you acknowledge and agree to assume the risk of these limitations. You further understand that no warranty or guarantee been made concerning any particular result or cure of your pet’s condition.

6. User Accounts

When you register as a User of Vet-Opinion.com, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data. You may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Vet-Opinion of any unauthorized use of your password or account. You should only create one account on the Site. If any Vet-Opinion account of yours has been suspended or terminated, you may not open another account on the Site.

7. Restricted Activities

You agree that any content you provide on the Site and your use of Vet-Opinion.com shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Vet-Opinion.com; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of the content provided from our Site without Vet-Opinion prior written consent.
You are prohibited from soliciting Users of this Site, including veterinarians and specialists, for any purpose (including inviting Veterinarians or Specialists to contact you off the Site, or inviting Veterinarians or Specialists to participate in a websites that competes with Vet-Opinion.com)

8. Suspensions or Termination of Service.

Vet-Opinion reserves the right to refuse service to anyone, and to suspend and terminate Users’ accounts.

9. Fees, Refunds

Customers on the Site must pay after filling the appropriate forms with their pet’s information and questions. All payments are processed by PayPal ™, which also accept all major credit cards. The prices for the Counsels are published in the website. There are no additional fees or charges. There are no refunds except from special circumstances when we refuse or unable to give a counsel for any reason. You agree that when you request our counsel your payment is final.

C. Legal Statements

10. Release

Because the Vet-Opinion Site is a venue, in the event that you have a dispute with a veterinarian or a specialist, you release Vet-Opinion and Advanced Veterinary Solutions LLC from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

11. Indemnification

You agree to indemnify and hold Vet-Opinion, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site.

12. Choice of Law and Forum

CHOICE OF LAW.

The Terms shall be governed by, and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.

DISPUTES; DISPUTE RESOLUTION.

All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User's email address on file with Vet-Opinion, or (b) Advanced Veterinary Solutions LLC, admin@vet-opinion.com (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at US$50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration (by telephone, online and/or solely based on written submissions as chosen by the party initiating the arbitration, as allowed by the AAA Rules and unless otherwise agreed by the parties), with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.

IMPROPERLY SUBMITTED CLAIM.

All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle Vet-Opinion to attorneys’ fees and costs up to US$1000, provided that Vet-Opinion has notified you in writing (at the email address on file with Vet-Opinion will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.

NO CLASS CLAIMS; WAIVER.

The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in Winnebago County, Wisconsin courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.

13. Agreement

The Terms constitute the complete and exclusive statement of the Agreement between you and Vet-Opinion.com. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Vet-Opinion employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Vet-Opinion), the Terms will prevail. Also, this Agreementand disclaimers will prevail over FAQ, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Vet-Opinion failure to exercise or enforce any of the Terms shall not constitute a waiver of Vet-Opinion’s right to exercise or enforce the Terms as to the same or another instance.

14. Miscellaneous

Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Sections 11 and 12 above will survive any termination of this Agreement.