Royal Vet’s Terms of Service

Last Revised on September 10, 2024

Welcome to the Terms of Service for Royal Vet (these “Terms”).

These Terms govern your use of and access to the websites and other online offerings (collectively, the “Site”) provided by Royal Vet Inc. and our affiliates, including Royal Vet Florida LLC, Royal Vet Florida Pinecrest LLC, Royal Vet Miami Beach LLC, Royal Vet Fisher Island LLC, Royal Vet (South-West) Veterinary Clinic Inc., Royal Vet (West Island) Veterinary Clinic Inc., Royal Vet Group Inc. (together, “Royal Vet”, “we” or “us”) related to our veterinary clinic services. Please read these Terms carefully, as they include important information about your legal rights.

By using or accessing the Site, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the Site. If you use the Site on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Please note that Section 8 contains an arbitration clause and class action waiver. BY AGREEING TO THE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 8.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

Royal Vet’s Privacy Policy is incorporated herein by reference and a part of these Terms.

1.1. Minimum Requirements. You must be 18 years of age or older to use the Site. By using the Site, you represent and warrant that you meet this requirement. Additionally, you represent and warrant that any pet receiving services from Royal Vet is either vaccinated for rabies or will be vaccinated for rabies during the pet’s first visit to a Royal Vet facility.

1.2. No Delivery to Children. In furtherance of our policy of not collecting personal information from persons under the age of 13, you are not allowed to give Royal Vet the personal information of any persons under the age of 13 for any reason.

1.3. Compliance with Laws. You represent and warrant that: (a) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this agreement; (b) your use of the Site will be solely for purposes that are permitted by these Terms; (c) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party; and (d) your use of the Site will comply with all local, state and federal laws, rules, and regulations, and with all other Royal Vet policies.

2.1. Scheduling Appointments. If you schedule an appointment through the Site, you will be required to submit certain information to the Site. You agree to provide us with accurate, complete and updated information for your appointment. We will not be responsible for any inaccuracies in the information you submit.

2.2. Promotional and Referral Code. We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts on future services or products, or other features or benefits related to the Site, subject to any additional terms that Royal Vet establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Royal Vet; (d) may be disabled or have additional conditions applied to them by Royal Vet at any time for any reason without liability to Royal Vet; (e) may only be used pursuant to the specific terms that Royal Vet establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Service; and (g) may expire prior to your use.

5.1. Ownership of Intellectual Property. Royal Vet retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.

5.2. No Transfer. Royal Vet retains ownership of all intellectual property rights of any kind related to the Site and any goods or services offered or provided by Royal Vet, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Site and any goods or services offered or provided by Royal Vet may be the trademarks of other third parties. This agreement does not transfer from us to you any Royal Vet or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this agreement.

5.3. Trademarks. Specifically, Royal Vet, and all other trademarks that appear, are displayed, or are used on the Site or as part of any goods or services offered or provided by Royal Vet are registered or common law trademarks or service marks of Royal Vet. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Royal Vet.

5.4. If you or any of your representatives, contractors, and agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Site or any goods or services offered or provided by Royal Vet, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your representatives, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

6.1. Use of Third Party Materials in the Services. The Site may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

7.1. Disclaimers. Your access to and use of the Site are at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Royal Vet, its parents, subsidiaries, affiliates, related companies, officers, directors, members, managers, employees, agents, representatives, partners and licensors (the “Royal Vet Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Royal Vet Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Site; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site; (c) whether the Site will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (d) the deletion of, or the failure to store or transmit, communications maintained by the Site. No advice or information, whether oral or written, obtained from the Royal Vet Entities or through the Site, will create any warranty or representation not expressly made herein.

7.2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ROYAL VET ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SITE, THE SERVICES OFFERED BY ROYAL VET OR PERFORMANCE OR NON-PERFORMANCE THEREOF AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE ROYAL VET ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE ROYAL VET ENTITIES’ AGGREGATE LIABILITY TO YOU OR ANY PARTY FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE ROYAL VET ENTITIES, IF ANY, FOR ANY SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7.3. Indemnification. By entering into these Terms and accessing or using the Site, you agree that you shall defend, indemnify and hold the Royal Vet Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Royal Vet Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Site; or (d) your negligence or willful misconduct.

8.1. Informal Process First. You agree that in the event of any dispute between you and the Royal Vet Entities, you will first contact Royal Vet and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

8.2. Agreement to Arbitrate. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) arising out of or relating in any way to your use of the Site, or the relationship between you and Royal Vet, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Royal Vet agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Unless otherwise mutually agreed by the parties, the arbitration will not involve any personal appearance by the parties or witnesses and any required arbitration hearing may be conducted by telephone, online, or based solely on written submissions. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

8.3. Class Action Waiver. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND ROYAL VET ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

8.4. Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.

8.5. Severability. In the event that any portion of this Section 8 is deemed illegal or unenforceable, such provision shall be severed and the remainder shall be given full force and effect.

9.1. Electronic Communications. Certain portions of the Site, such as scheduling of veterinary consultations, may allow us to contact you via telephone or text messages. You agree that Royal Vet may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Site, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Products. You also understand that you may opt out of receiving text messages from us at any time by contacting 305-590-5008 or contact@royalvet.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

9.2. Recording at Facilities. You acknowledge and agree that Royal Vet may record video and audio within its facilities, including veterinary clinics, and such video may capture you, any visitors with you, and your pets. You agree that Royal Vet may use such recordings for its business purposes, including for security, training, and customer service purposes.

9.3. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Royal Vet website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Site after the modifications have become effective will be deemed your acceptance of the modified Terms.

9.4. Termination of License and Your Account. If you breach any of the terms of these Terms, all licenses granted by Royal Vet will terminate automatically. Additionally, Royal Vet may suspend, disable, or delete your access to the Site (or any part of the foregoing) with or without notice, for any or no reason. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Royal Vet or you. Termination will not limit any of Royal Vet’s other rights or remedies at law or in equity.

9.5. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Royal Vet for which monetary damages would not be an adequate remedy and Royal Vet shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

9.6. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Royal Vet but may not be assigned by you without the prior express written consent of Royal Vet. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Florida, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami-Dade County, Florida.

9.7. How to Contact Us. You may contact us regarding the Site or these Terms at: 12303 South Dixie Highway, Miami, Florida, 33156, by phone at 305-590-5008 or by e-mail at contact@royalvet.com.