These Terms and Conditions (“Agreement”), as may be amended from time to time, govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (“Services”) made available in the United States and its territories and possessions by Mollycoddle, Inc., a Texas corporation (“Mollycoddle”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
In this Agreement, the words “including” and “include” mean “including, but not limited to”. Your access and use of the Services constitutes your agreement to be bound by the terms and conditions herein, which establish a contractual relationship between you and Mollycoddle. If you do not agree to the terms and conditions herein, you may not access or use the Services. This Agreement expressly supersedes any and all prior agreements or arrangements with you. Mollycoddle may immediately terminate this Agreement and/or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Mollycoddle may amend the terms related to the Services from time to time at its sole discretion. Amendments will be effective upon Mollycoddle’s posting of such updated terms and conditions at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms and conditions, as amended.
- Services. Mollycoddle provides a technology platform that enables users of Mollycoddle’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule for in home veterinary care with third party providers of such services, including independent third party veterinarians and veterinary care givers or technicians under agreement with Mollycoddle or its affiliates (“Third Party Providers”). YOU ACKNOWLEDGE THAT MOLLYCODDLE IS A SERVICE PROVIDER AND DOES NOT PROVIDE VETERINARY SERVICES OR VETERINARY RELATED CARE.
- License. Subject to your compliance with this Agreement, Mollycoddle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Mollycoddle and its licensors.
- Restrictions. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Mollycoddle.
- Ownership. The Services and all rights therein are and shall remain Mollycoddle’s property or the property of its licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above or (ii) to use or reference in any manner Mollycoddle’s company names, logos, product and service names, trademarks, or services marks, or those of Mollycoddle’s licensors.
- Your Use of the Services.
- User Accounts. In order to use the Services, you must (i) register for and maintain a user Services account (“Account”) and (ii) be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than eighteen ), to obtain an Account. Account registration requires you to submit to Mollycoddle certain personal information, such as your name, address, mobile phone number, and age, as well as a valid payment method (either a credit card or other accepted form of payment). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Mollycoddle’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Mollycoddle in writing, you may only possess one (1) Account.
- User Requirements and Conduct. The Service is not available for use by persons under the age of eighteen (18). You may not authorize third parties to use your Account, and you may not allow persons under the age of eighteen (18) to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services. In your use of the Services, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
- Text Messaging. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
- User Provided Content. Mollycoddle may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Mollycoddle through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services. Mollycoddle may, but shall not be obligated to, review, monitor, or remove User Content, in its sole discretion and at any time and for any reason, without notice to you.
- Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Mollycoddle does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
- Payment. You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Mollycoddle will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Mollycoddle.
All Charges are due immediately and payment will be facilitated by Mollycoddle using the preferred payment method designated in your Account, after which Mollycoddle will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Mollycoddle may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Mollycoddle, Mollycoddle reserves the right to establish, remove, and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Mollycoddle’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas or by certain providers may vary by service. It is incumbent on you to understand the rates prior to requesting service. Mollycoddle will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Mollycoddle may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Mollycoddle may ask if you would like to donate toward a fund that pays for services offered to individuals or organizations that may not be able to afford it on their own. Any contributions toward this fund are completely voluntary and independent from the third party services offered to you. Amounts will be transferred by Mollycoddle to the applicable Third Party Provider and are non-refundable.
- Disclaimer; Limitation of Liability; Indemnity.
- DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. MOLLYCODDLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, MOLLYCODDLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MOLLYCODDLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY. No party shall be liable for special, incidental, or consequential damages under this Agreement, even if advised of the possibility thereof. All remedies available to an aggrieved party herein under this Agreement, at law, or in equity, are cumulative and not mutually exclusive. Mollycoddle and its parent, subsidiaries, affiliates, directors, officers, agents, and employees shall not be liable for any act, or failure to act, in connection with any Mollycoddle offering, including, but not limited to, any failure of a third party provider. Without limiting the generality of the foregoing, Mollycoddle hereby disclaims and excludes any express or implied representation or warranty regarding any items under any third party agreement or offering.
MOLLYCODDLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MOLLYCODDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOLLYCODDLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MOLLYCODDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOLLYCODDLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOLLYCODDLE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL MOLLYCODDLE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS ($500.00).
MOLLYCODDLE’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE VETERINARY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MOLLYCODDLE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- Indemnity. You agree to indemnify and hold Mollycoddle and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Mollycoddle’s use of your user content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- MEDIATION. YOU AGREE THAT PRIOR TO FILING ANY LAWSUIT AGAINST MOLLYCODDLE, YOU SHALL SUBMIT ANY CLAIMED DISPUTE FOR MEDIATION BEFORE A MEDIATOR MUTUALLY AGREEABLE TO BOTH PARTIES. THE MEDIATION SHALL TAKE PLACE IN DALLAS, TEXAS. YOUR FAILURE TO ATTEMPT TO MEDIATE IN GOOD FAITH PRIOR TO FILING SUIT SHALL RESULT IN LIQUIDATED DAMAGES PAYABLE BY YOU TO MOLLYCODDLE IN THE SUM OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), SUCH SUM BEING A REASONABLE ESTIMATE OF MOLLYCODDLE’S LIKELY COSTS AND DAMAGES AS A RESULT OF YOUR FAILURE TO ATTEMPT TO MEDIATE IN GOOD FAITH PRIOR TO FILING SUIT.
- Governing Law. This Agreement will be construed under and governed by and enforced under the laws of the State of Texas, excluding its principles of conflicts of laws.
- Other Provisions.
- Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of Texas without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
- Notice. Mollycoddle may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after transmission (if sent by email). You may give notice to Mollycoddle, with such notice deemed given when received by Mollycoddle, at any time by electronic mail to Mollycoddleyourpet@outlook.com.
- Assignment You may not assign this Agreement without Mollycoddle’s prior written approval. Mollycoddle may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Mollycoddle’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Mollycoddle, or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Mollycoddle’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mollycoddle in writing.