Terms of Service

Effective: July 5, 2023

1. Introduction

This website, located at https://wellnesswag.com (the “Website”), and any mobile application (“App”) or platform connected or associated with this Website, and any information stored or products and services offered through any of the foregoing (collectively, “Services”), are owned and operated by MRCNS, LLC with a division of Wellness Wag, an Illinois Company, (“Wellness Wag”, “we”, “us”, or “our”). The Services provide information and other services and products to a user of the Services (“you”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features including Agreement for Tele-Therapy Services Consent and Authorization for the Disclosure of Health Information Under HIPAA. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WELLNESS WAG WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

2. Acceptance

  • 2.1. Acceptance of Terms of Use. This Terms of Use document (“Terms of Use”) is a legal agreement between you and Wellness Wag, which states the terms and conditions under which you may access and use the Services. Your access to and continued use of the Services constitutes your agreement to be bound by these Terms of Use. If you do not accept these Terms of Use you must not access or use the Services. The Terms of Use shall be deemed to include all other operating rules, policies and procedures that are referred to herein or in any App or platform, or that may otherwise be published by Wellness Wag on the Website from time to time (collectively, “Policies”). By clicking “I Accept”, or by using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
  • 2.2. Electronic Communications. You consent to receive electronic communications from Wellness Wag. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. By participating in certain Services you acknowledge that you will automatically receive certain messages related to the Services. We default to opt-in. You may control your notifications preferences from the Website or App or mobile phone settings and opt-out or (or opt back into) messaging at any time.
  • 2.3. Changes to Terms of Use. Wellness Wag may revise or update the Terms of Use at any time without advance notice by posting here and by sending you an email notification to the last email address you provided to us (if any). In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, use of the Services after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Terms of Use.
  • 2.4. Scope of Services. We offer (a) to receive information from medical patients, (b) to perform patient pre-verification checks in compliance with all applicable laws and regulations, (c) to connect you with doctors, and, if applicable, generate the Evaluation for your applicable state, in compliance with all applicable laws and regulations, and (d) to provide a virtual environment, such as a website and mobile app, through which patients and lawfully operated collectives, cooperatives, and delivery services may establish a relationship for the provision of emotional support animal. “Evaluation” means the evaluation or recommendation in the written form required by your applicable state, province, or country, which is obtained following medical evaluation by your selected Licensed Health Care Provider and allows you to obtain emotional support animal letter from a third party pursuant to the laws of your applicable state, province or country, whether generated within the Services or otherwise. It is the sole responsibility of the third party collective, cooperative, or delivery service to provide delivery and other services in compliance with applicable laws and regulations. While we make reasonable efforts, such as by reviewing state licenses, to ensure that any third party providers with whom we affiliate operate in compliance with applicable regulations, we make no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding such third party providers and have no responsibility or liability with respect to services provided to you by such third parties.
  • 2.5. License to Services. Subject to your compliance with the terms and conditions of these Terms of Use, Wellness Wag grants you a limited, non-exclusive, non-transferable, non-sublicensable license: (i) to use and access the Services via your Account, (ii) to download and install a copy of the App on a mobile device, and (iii) to view any User Content to which you are permitted access, each of (i-iii) above solely for your personal and non-commercial purposes.
  • 2.6. Use of the Services by Children. You may register an Account in order to obtain Services on behalf of patients under the age of 18 for whom you are the legal parent or guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use. Each Licensed Health Care Provider reserves the right, in its sole discretion, to refuse to provide treatment, Evaluation, or Services to a minor.

3. Eligibility

You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Terms of Use. You are solely responsible for knowing and understanding your local laws concerning standards of content legality and pertaining to medical collectives and/or cooperatives. Wellness Wag may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to other restrictions, you must abide by such limits or other restrictions.

4. Customer Privacy

Wellness Wag understands the importance of maintaining the privacy of your Personal Information. Please review Wellness Wag’s Privacy Policy carefully, located at wellnesswag.com/privacy, which is included in and makes up a part of this Terms of Use. This describes how Personal Information about you may be collected, used, and disclosed. You understand and warrant that some information and records pertaining to your Evaluation may be subject to mandatory disclosure to relevant government authorities under the applicable and governing laws and regulations of your State.

5. Code of Conduct

You agree not to use the Services or any other service Wellness Wag provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of these Terms of Use. This includes but is not limited to, and you hereby undertake not to do, the following: conduct or promote any illegal activities while using the Website or Services; hold yourself out as sponsored by, endorsed by, or affiliated with the Website or Services; upload, post, email, transmit or otherwise make available information that is unlawful, infringes on another’s intellectual property and other rights, or is harmful to minors in any way; use any portion of the Website, Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable; attempt to interfere with any other person’s use of the Services attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer, lease, rent, distribute, or otherwise transfer any of the rights that you receive hereunder and any software programs used by us in connection with the Services, including the source code of the Services; attempt to gain access to secured portions of the Website or Services to which you have no permission to enter, including database, computer systems or servers or access to the account of another person or entity; upload or transmit any form of virus, worm, trojan horse, or other malicious code; use any portion of the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation; use any automatic or manual process to search or harvest information from the Website or Services, to interfere in any way with the proper functioning of the Services, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services; misrepresent your identity or impersonate any person or entity, including, without limitation, a Nimble representative, use the Website or Services to build a competitive product or service or make a product or service with similar features, functions, text, or graphics, make derivative works based on the Service or Website or any content therein or copy any features or functions, text, or graphics of the Services or Website, or “frame” or “mirror” the Service, Remove or modify any copyright or other intellectual property notices that appear in the Services; Attempt to probe, scan or test the vulnerability of any Wellness Wag’s system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wellness Wag or any of Wellness Wag’s providers or any other third party (including another user) to protect the Services; distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. use the Website for any commercial purpose except as expressly permitted herein; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; use automated scripts to collect information from or otherwise interact with the Services; register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity; upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; intimidate, bully, shame, or harass other Registered; upload, post, transmit, share, store, or otherwise input any false or misleading content or data with the intent of cheating or subverting the intended Services; Encourage or enable any other individual to do any of the foregoing. Wellness Wag reserves the right to take whatever lawful actions it may deem appropriate in response to abovementioned violations and to cooperate with legal authorities in any investigation of any suspected or alleged crime or civil wrong, including, without limitation, the suspension or termination of your access to the Services. Wellness Wag will not have any liability whatsoever to you for any termination of your rights under these Terms of Use.

6. Your Account

  • 6.1. Account Registration. You are not obligated to register with us in order to access or use the Website. However, certain Services of the Website are available only to users who have registered with us or certain other persons affiliated with us, who have been granted accounts (“Accounts”) with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Account is truthful and accurate, and that you will maintain the accuracy of such information (including email). Any individual user may only register for and maintain one (1) Account, and each Account may be associated with only one Authorized Payment Method.
  • 6.2. Passwords; Account Security. You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account, whether or not you are aware of such activity. You agree to immediately notify Wellness Wag of any known or suspected unauthorized use of your Account. Wellness Wag is not liable for any loss or damage arising from your failure to comply with the above requirements.
  • 6.3. Personal Health Record. You may use your Account to store your personal health record (“PHR”), which will be stored in the cloud. You have a right to view, revise, update, add, edit or delete any information contained in your PHR at any time. You may grant access to view your PHR to a Licensed Health Care Provider by clicking the “Start Visit” button.
  • 6.4. Compliance with Law. You may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. Except as otherwise permitted herein, you agree not to provide/post/authorize a link to any of the Services from a third party website. You agree that you shall not authorize others to use your Account; that you may not and shall not assign or otherwise transfer your Account to any other person or entity. You will at all times act in full compliance with the laws of your State pertaining to emotional support animal letter. You will at all times use the Service solely as a qualified emotional support animal patient and/or, where permitted by applicable law, as a primary caregiver for such a qualified patient.
  • 6.5. License to User Content. Wellness Wag may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service, you hereby grant to Wellness Wag a worldwide, non-exclusive, transferable, royalty-free license, to use, view, copy, adapt, modify, or distribute such User Content only on, through or by means of the Service as requested by You. We do not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or App or you have all rights, licenses, consents and releases that are necessary to grant to Wellness Wag and to the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or any applicable law or regulation. You agree that Wellness Wag may verify your Evaluation and may share your identification, or your Evaluation with any Third Party Service Provider that transact with through the Service.

7. Acknowledgement of and Agreement to Abide by all Applicable Medical emotional support animal Laws

By signing up for and/or using the Service, you expressly acknowledge that the Service is solely for qualified patients residing in states who have adopted legislation providing emotional support animal letter. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the emotional support animal letter. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ emotional support animal letter laws. You acknowledge and agree that we neither provide nor have any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. We have our principal place of business in California. However, the Services may be accessible to and provide services to users and dispensary entities outside of California. If you are not a resident and qualified patient within the State of California, you must abide the by and follow the laws of the state in which you are a resident.

8. Fees and Payment

Your use of the Services may now or in the future be subject to your payment of the applicable fees (“Fees”). If you use any paid Services, you must specify a verified account with one of Wellness Wag’s PCI-compliant payment processors (for example, PayPal) (the “Payment Processor”) that will be used to make payments to Wellness Wag (the “Authorized Payment Method”). Wellness Wag does not itself see or store any of your credit card details. In the future, Wellness Wag may discontinue supporting any particular Payment Processor, or it may support additional Payment Processors. Unless specified otherwise, all amounts payable hereunder shall be paid when due in US dollars, in immediately available funds by the Authorized Payment Method that you specified, in full without set-off, counterclaim or deduction. Use of the third party Payment Processor is subject to such Payment Processor’s terms and conditions. IN THE EVENT OF A DISPUTED CHARGE, YOU SHOULD CONTACT WELLNESS WAG FIRST AND ATTEMPT TO RESOLVE THE MATTER WITH OUR CUSTOMER SERVICE REPRESENTATIVES, WHO CAN BE REACHED AT [email protected]. FAILURE TO FIRST CONTACT CUSTOMER SERVICES BY DIRECTLY CONTACTING THE PAYMENT PROCESSOR MAY RESULT IN A LOSS OF APP PRIVILEGES. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be liable for the payment of all such charges (excluding taxes based upon the payee’s net income). All refund requests must be made by you to Customer Service within one month after the date of the disputed charge. If any hold or charge-back is made to your Authorized Payment Method without first contacting Customer Services, then we have the right to suspend the User’s account indefinitely, until the dispute is resolved.

9. Termination

  • 9.1. Right to Termination. Except as may be expressly limited by the Privacy Policy, the Wellness Wag reserves the right at all times to disclose any information as Wellness Wag deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Wellness Wag’s sole discretion. Further, Wellness Wag reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website or Services to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate your Accounts. You agree that Wellness Wag will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or Services or any part thereof. You may delete your Account at any time, for any reason, by following the instructions on the Website. Your Account is not terminated simply by deleting Apps from your mobile device. Upon any termination, all rights and obligations of the parties shall cease and you shall immediately cease using the Services, except that all obligations that accrued prior to the effective date of termination (including without limitation, all obligations to pay Fees) and all remedies for breach of the Terms of Use shall survive. After termination, we have no obligation to maintain any content or data submitted by you in your Account, or to forward any unread or unsent messages to you or any third party.
  • 9.2. Right to Remedies. You agree that any violation or threatened violation of these Terms of Use may cause us irreparable and unquantifiable harm, and you agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
  • 9.3. Right to Monitor. Wellness Wag neither actively monitors use of the Services nor exercises editorial control over the content of any third party’s website, e-mail transmission, or other material created or accessible over or through the Services. However, Wellness Wag does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials or User Content that, in Wellness Wag’s sole discretion may, be illegal, subject Wellness Wag to liability, violate these Terms of Use, or are, in the sole discretion of Wellness Wag, inconsistent with Wellness Wag’s purposes for this Website or the Services.

10. Disclaimer

  • 10.1. Nature of Services. The Services are not intended to create and do not constitute any professional relationship between Wellness Wag (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and do not create any doctor-patient or any other professional relationship with any of Wellness Wag’s independent contractors, experts or agents. The Services facilitate communication and coordination with the licensed health care provider you have selected via the Services (“Licensed Health Care Provider”) and in certain circumstances facilitate direct communication with the same. The Services do not replace your relationship with any Licensed Health Care Provider or other health care service and Wellness Wag does not provide medical advice, recommendations for the purpose of medical treatment or otherwise, care, diagnosis etc.
  • 10.2. Information Regarding Dietary Supplements. Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use and consult with your health care professionals.
  • 10.3. Wellness Wag Is Not a Medical Provider and Does Not Provide Medical Advice. The information provided on this Website or through the Services is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or psychologist or appropriate health care provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website or through the Services. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure. If you are in crisis, we encourage you to reach out for help to a crisis help line. A list of crisis help lines and service providers can be found in your phone book, or contact any of the organizations listed below: National Suicide Hotline 800-273-TALK (800-273-8255); National Domestic Violence Hotline 800-799-SAFE (800-799-7233); National Child Abuse Hotline 800-4-A-CHILD (800-422-4453). While we provide online services, we do not have a 24-hour hotline for medical emergencies; nor do we handle requests in crisis situations, such as if you are feeling suicidal or in need of immediate assistance due to emotional crisis. If you are in crisis, contact one of the above organizations or another resource of your choice. If you need help finding mental health services and support in your community contact an appropriate organization, such as for example: National Mental Health Association Information Center: nmha.org. Wellness Wag has no knowledge of you or any other user’s medical conditions or health status. Accordingly, you agree to be solely responsible for determining (alone or in consultation with a healthcare professional) whether your participation in any element of the Services might pose any adverse health risk. We do not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness or related to the avoidance, prevention, diagnosis or treatment of any injury, illness, disease or condition (collectively, “Healthcare Services”). Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition or health program. You are expressly prohibited from engaging in any activity against medical advice or if doing so might pose any health risk. Wellness Wag does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its Website or otherwise through the Services, nor does it recommend or endorse any specific Healthcare Service or provider. You agree to release Wellness Wag of any and all liability in connection with any injury, disability, or other damage to you resulting from your use of the Services.
  • 10.4. Testimonials and Endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos, nor do we claim that a significant number of consumers may obtain similar results. Any information that could be regarded as a testimonial or endorsement on the Website or Services does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
  • 10.5. No Guarantee or Warranty. We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Services or through us or through anyone using the Services or trained by us. We are not liable for any unfair business practices by third parties. We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the information shown on the Services. The Service is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, no liens, no encumbrances, workmanlike effort, and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade. If you are dissatisfied or harmed by anything relating to the Services, you may leave the Services and this will be your sole and exclusive remedy. We (and out suppliers) make no warranty that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Services, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use. We do not guarantee that any person’s use of the Services is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Services do not create client-professional relationship between Wellness Wag and you. Wellness Wag makes no representation that the Service is accessible, appropriate or legally available for use in your location, and accessing and using the Service is prohibited from territories where doing so would be illegal. You are responsible for compliance with local laws. Wellness Wag is not responsible or liable in any manner for any material submitted by you or by a Third Party that is posted on or accessible through the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Services or for the conduct, whether online or offline, of any user.
  • 10.6. No Credentialing. The inclusion of, and your communication with, a Licensed Health Care Provider through the Services does not imply recommendation, referral or endorsement of such Licensed Health Care Providers nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Licensed Health Care Provider; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same. We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Licensed Health Care Provider. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Licensed Health Care Provider. We do not make any treatment decisions. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Licensed Health Care Providers have the background they claim they have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any information about a Licensed Health Care Provider show on the Services.
  • 10.7. Diagnosis and Services. Licensed Health Care Providers may provide advice or diagnoses to you, if the law of your state does not prohibit it. Please consider that a Licensed Health Care Provider may not possess the full amount of information he could have obtained by examining you in person. Thus, Licensed Health Care Providers will draw conclusions based on the information made available to them and may not be aware of the facts or information that could have influenced on their opinions or diagnoses. You hereby represent and warrant that you are aware of all the risks associated with the abov ementioned problem of insufficiency of information and you agree and understand the following statements: a) your Licensed Health Care Provider may not have the important information that is usually received through a physical examination, b) the lack of such information may lead to an inability to draw an accurate conclusion, c) because of the absence of a physical examination, the opinion of a Licensed Health Care Provider cannot replace a physical evaluation or in-person visit, and d) the opinion will be based on a limited amount of information. If it is required in your State that you undergo an in-person medical examination or multiple examinations with your Licensed Health Care Provider prior to Evaluation, Wellness Wag will help you to arrange your visits to your Licensed Health Care Provider. Your Licensed Health Care provider will not be able to make an Evaluation for you unless you undergo the required examinations. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Licensed Health Care Provider may provide through the Services. You hereby authorize your Licensed Health Care Provider to automatically upload your Evaluation, if it was approved by your Licensed Health Care Provider, to the extent possible, directly to your PHR in your Account.

11. Limitation of Liability

We are not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, goodwill, use data or other intangible losses (whether or not we have been advised of the possibility of such damages) or damages arising from or relating to these Terms of Use or use or inability to use the Services (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether arising under contract, tort, or any other theory of liability. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Services. Your access to, and use of, the Services is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY YOU FOR ANY PRODUCT OR SERVICE PURCHASED BY YOU FROM US THROUGH THE SERVICES OR THROUGH ANY OTHER WEBSITE OR SOURCE DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR (II) ONE HUNDRED DOLLARS ($100); PROVIDED, THAT ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR SINCE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS OF USE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO WELLNESS WAG FOR USE OF THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM WELLNESS WAG, REGARDLESS OF THE CAUSE OF ACTION.THIRD PARTY SERVICES; LIMITATION OF LIABILITY.

12. Third Party Service Providers

  • 12.3. Third Party Advertising. Wellness Wag may rely on third party advertising and marketing supplied through the App or Service and other mechanisms to subsidize the App or Service. You agree to receive such advertising and marketing. Wellness Wag may compile and release information regarding you and your use of the App or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

13. Assumption of Risks

Indemnification You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable), relating to your access to and activities with respect to the Services, or relating to information, or services, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Services or use therein.

By viewing the Website or using the Services you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, Wellness Wag from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website or through the Services; (b) your violation of these Terms of Use or of applicable laws or regulations; or (c) any User Content you uploaded to the Website or Services. Wellness Wag reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Wellness Wag. Wellness Wag will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Wellness Wag’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Wellness Wag, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Wellness Wag website, property, product, program, other content or any and all activities or actions related thereto.

By using the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “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.”

14. Account Hold

If Wellness Wag believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Wellness Wag will investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of third parties, including any applicable credit card company. Wellness Wag will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.

15. Intellectual Property

  • 15.1. Copyright. Except as otherwise expressly stated, the Website, Services, and all content thereon (except User Content) is the copyrighted work of Wellness Wag or its third party content suppliers and is protected by U.S. and international copyright laws. If you provide Wellness Wag with any feedback, suggestions, enhancements requests, ideas, recommendations regarding the Website or the Services you hereby assign to Wellness Wag all rights to such information and agree that Wellness Wag shall have the right to use and fully exploit such information in any manner it deems appropriate. Wellness Wag will treat any of such information as non-confidential and non-proprietary. You agree that you will not submit any information that you consider to be confidential or proprietary.
  • 15.2. Download and Use of Information. You may download information from the Website or Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Wellness Wag or any applicable third party suppliers. The use of information by you is prohibited unless specifically permitted by Wellness Wag. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You may not link to the Website or Services from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Wellness Wag’s sole discretion). Wellness Wag reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with Wellness Wag’s Website or this Terms of Use. Any unauthorized use terminates the permission or license granted to you by Wellness Wag to use the Website.
  • 15.3. Infringement. Wellness Wag does not warrant or represent that your use of any information or other materials displayed on the Services will not infringe rights of third parties. Your use of any of the information or materials beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided information or materials. Wellness Wag is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless Wellness Wag from and against any claims, by an owner of data or image rights or any third party resulting from violation of these Terms of Use.
  • 15.4. DCMA Notice. If you believe that any part of the Website or Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide Wellness Wag’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We have a policy of terminating the Accounts of users who (in our reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. 15.5. Trademarks and Service Marks. Certain trademarks on the Services are the service marks and trademarks of Wellness Wag the Practitioners, or other licensees of Wellness Wag. The domain name for the Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Wellness Wag. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website or the Services without the prior written authorization of Wellness Wag.
  • 15.6. Ownership of information submitted via the Services. While Personal Information (as defined in our Privacy Policy) which you submit will be maintained in accordance with our Privacy Policy, any information you transmit to Wellness Wag via the Services, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of Wellness Wag. In addition, as Wellness Wag property, to the extent allowed by law such information may be used by Wellness Wag for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, Wellness Wag will make every effort to de-identify any information relating to your health or health concerns, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with us or our agents and consultants, as the case may be, via the Services. Wellness Wag shall be free to use any ideas, concepts, or techniques contained in any communication you send to Wellness Wag via the Services or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Because Wellness Wag owns the Transmitted Information, Wellness Wag has no obligation to you or any third party to provide a record of Transmitted Information to either party upon request. Wellness Wag is not responsible for any information or content submitted by other users; you agree that any interaction between you and other users of the Services are solely between you and such user.
  • 15.7. Internet Access. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the App transmitting and receiving data (including but not limited to data roaming charges). The Service may be subject to, and we are not responsible for, limitations, delays, and other problems inherent in the use of the internet and electronic communications. As described in our Privacy Policy, the App will automatically transfer a small amount of data as part of its normal operation, including how you use the App, which content you access, and technical errors which the App may encounter. By using the App, you consent to the automatic collection of this information.
  • 15.8. Ownership. The Services, including the Website and the App are the property of Wellness Wag and subject to the intellectual property rights of Wellness Wag and its licensors. Any rights not expressly granted herein are reserved.

16. Third-Party Content

  • 16.1. No Statement as to Accuracy. Wellness Wag has no editorial control or responsibility over the content included in the Services provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Services are those of such third party suppliers or users, respectively. Wellness Wag does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
  • 16.2. Links to Third Party Websites. The Website or Services may contain hyperlinks to other sites owned and operated by parties other than Wellness Wag. We do not control such sites, are not responsible for their content or accuracy or any products or services available from such sites, and do not endorse these sites. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third party sites or for any action you may take as a result of linking to any such website. Your reliance on such information is solely at your own risk. Wellness Wag is under no obligation to maintain any link and may remove a link at any time in its sole discretion for any reason whatsoever. You understand that Wellness Wag has no obligation to, and generally does not, approve or monitor Third Party content provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Wellness Wag takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. If you decide to leave the Services and access a Third Party website or to use or install any Third Party application, software, or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the Services. Even if we recommend certain products, we are not offering any warranties about the quality or safety of such products, either explicit or implied. You are solely responsible for your interactions with other Wellness Wag users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.

17. Miscellaneous Terms

  • 17.1. CAN-SPAM ACT Compliance. We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at [email protected]. You can click to unsubscribe or opt-out of email communications from Wellness Wag at any time or reply by typing “unsubscribe” in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from Wellness Wag while remaining a user, you will become ineligible for receipt of and use of our services.
  • 17.2. Export. You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Wellness Wag or any products utilizing such data, in violation of the United States export laws or regulations.
  • 17.3. Entire Agreement. These Terms of Use constitutes the sole agreement between you and Wellness Wag relating to your use of the Service, and supersedes all prior or contemporaneous communications of any kind between you and Wellness Wag with respect to the Service, and no representations, statements or inducements, oral or written, not contained in these Terms of Use shall bind either you or Wellness Wag.
  • 17.4. Severability. If any part of these Terms of Use are found to be unenforceable under applicable law, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the enforceability of the remaining provisions.
  • 17.5. No Assignment. You may not assign, transfer or delegate your rights or obligations within these Terms of Use in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Use, and any rights and duties hereunder, at any time, without notice to you. These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees.
  • 17.6. No Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by Wellness Wag of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
  • 17.7. Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Illinois, USA and United States Federal Law without regard to any conflicts of law provisions. Subject to the provisions of this Terms of Use, all disputes, controversies or claims arising out of or relating to these Terms of Use will be resolved through mandatory binding arbitration that will be conducted in Chicago, Illinois as provided below.
  • 17.8. Arbitration. These Terms of Use contain an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the American Arbitration Association (“AAA”). In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to Wellness Wag to [email protected]. Any dispute must be initiated with an AAA arbitrator in Chicago, Illinois, within one (1) year of occurrence or to the maximum extent permitted by law. Both parties must keep the dispute confidential, to the maximum extent permitted by law. If one part of this arbitration agreement is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement shall be valid.
  • 17.9. Force Majeure. The performance of Wellness Wag hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like.
  • 17.10. Survival. Notwithstanding any provision in these Terms of Use to the contrary, the following provisions shall survive termination or expiration of these Terms of Use: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
  • 17.11. Contact Us. If you have any questions about these Terms of Use, please contact us at [email protected] or the mailing address provided below.

18. Mobile Terms of Service

The Wellness Wag mobile message service (the “Service”) is operated by Wellness Wag (“Wellness Wag”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Wellness Wag’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Wellness Wag through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Wellness Wag. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18773559344 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Wellness Wag mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18773559344 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

19. Pet Health Insurance

Pet health insurance is administered by Rainwalk Technology, Inc. and underwritten by Incline Casualty Company, Inc. Coverage is subject to policy terms, conditions, limitations, exclusions, underwriting review, and approval, and may not be available for all risks or in all states. Rates and discounts vary, are determined by many factors, and are subject to change.

“Wellness Wag Pet Insurance” is a marketing name used by Rainwalk Pet Insurance and is not Wellness Wag business nor an insurer. Wellness Wag does not offer or sell insurance plans. “Wellness Wag” and its related trademarks are used by Rainwalk Pet Insurance under license; 
Wellness Wag may receive compensation from Rainwalk Pet Insurance.