The following Terms of Service and User Agreement (“Terms of Service”) of safepetanesthesia LLC, a Delaware limited liability company doing business as Safe Pet Anesthesia (the “Company”), set forth how the Company provides veterinary anesthesia teleconsulting services (the “Services”) to you as a customer. By purchasing or using the Services of the Company, you agree to the following Terms of Service, and the Company encourages you to read and understand the Terms of Service in their entirety before engaging the Company or using the Services.

1. Services
The Services are designed for and are only to be used: (a) by appropriately trained personnel and for professional use only; (b) according to applicable documentation provided with the Services; and (c) under normal and customary conditions in a veterinary hospital, clinic, or other operating environment as may be applicable to the particular Services. You agree that only you and others under your control will use the Services, that all such persons will have the requisite knowledge and training to use the Services properly and safely and will comply with the terms of this section. Although some content available through the Services may be clinical or related to medical treatment, including patient-specific test result interpretation and follow-up considerations (collectively “Clinical Content”), you acknowledge and agree that Clinical Content does not constitute a medical opinion, medical advice, diagnosis, or recommended procedure or treatment of any particular medical condition. The Services are teleconsulting using telehealth tools to communicate Clinical Content provided for informational or educational purposes only to licensed veterinarians and veterinary hospitals or clinics nationwide. The Services are not the practice of veterinary telemedicine, including diagnosis, treatment, medical decision-making, and other courses of action based on information provided by the primary care veterinarian, attending veterinarian or other applicable professional. Under no circumstances should the Services or any Clinical Content be used as a substitute for the professional judgment of a medical practitioner or other applicable professional, including such professional’s use of clinical discretion with each patient based on a complete evaluation of the patient, including history, physical presentation and complete laboratory data.

2. Notice to Veterinarians
The Company accepts requests for service from and provides consultation and interpretation services on a professional-to-professional basis. As described above, Clinical Content provided in connection with such Services does not constitute a medical opinion, medical advice, diagnosis or recommended procedure or treatment of any particular medical condition. The Company accepts no legal responsibility for the purposes for which you use the Services or any Clinical Content.

3. Limited Warranty
The Company warrants that it will provide the Services in a professional manner using qualified personnel.

EXCEPT AS STATED IN THE LIMITED WARRANTY IMMEDIATELY ABOVE, THE COMPANY MAKES NO OTHER WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, WRITTEN OR ORAL, REGARDING THE SERVICES. THE COMPANY SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SERVICES.

4. Limit of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES OR LOSSES, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA OR EQUIPMENT, DAMAGE TO DATA OR EQUIPMENT, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR THE COMPANY’S PROVISION OF THE SERVICES OR FAILURE OR DELAY IN DELIVERING SUCH SERVICES, OR ARISING OUT OF OR RELATED TO THESE SPECIFIC TERMS OF SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE COMPANY’S ENTIRE LIABILITY TO YOU IN CONNECTION WITH THE COMPANY’S PROVISION OF THE SERVICES, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SUCH SERVICES. The Company does not assume, nor authorize any employee, agent or other person, to assume for the Company, any liability in connection with the Services other than as specifically described HEREIN.

4. Confidentiality
You acknowledge and understand that the Company has unique methods of conducting its business and other secret, sensitive, proprietary and confidential information regarding such business that are not readily available to the general public (“Confidential Information”). You recognize and agree that Confidential Information and all other Company goodwill are valuable, special, and unique assets of the Company, and all of the foregoing remain the exclusive property of the Company. You agree to hold such Confidential Information in strict confidence, use reasonable efforts to protect its confidentiality, use Confidential Information only as needed, and notify the Company of any improper request by a third party for such Confidential Information or any unauthorized disclosure of Confidential Information by you or others. All Confidential Information, software, and materials provided to you or acquired by you in the course of using the Services, along with all materials developed by the Company or you for use in the Company’s business, as well as any and all intellectual property provided by the Company, will at all times remain the exclusive property of the Company, and you agree to protect and use your best efforts to prevent any publication or disclosure of such items. You agree that you will not disclose or use for personal benefit or the benefit of others, any Confidential Information for any reason or purpose whatsoever without the prior written consent of the Company.

5. Payment for Services
The Services have associated fees, costs and charges, and you are responsible for the payment of all such fees that you may incur in connection with using the Services. Payment of fees incurred for the Services is due promptly upon receipt of invoice for said fees, and payment must be received by the Company within 30 days of invoice. Access to the Services may be temporarily blocked or terminated by the Company for repeated instances of nonpayment. You are solely responsible for any and all authorized and unauthorized access to or use of the Services through your user account by any person and for all fees, costs and charges incurred for the Services by your user account. You agree to promptly notify the Company regarding any unauthorized access to or use of your user account, and you further agree that you will remain liable for any fees, costs and charges incurred by your user account for any Services.

6. Amendments to Terms of Service and User Agreement
You understand that the Company may amend the Terms of Service and User Agreement from time to time on a prospective basis without notice to you. A link to the Terms of Service and User Agreement is presented each time you log in to your user account and, by completing the login process, you accept any amendments made since your last acceptance of the Terms of Service and User Agreement. Accordingly, you should review the Terms of Service and User Agreement each time you elect to log in and/or use the Services. The Company may elect to provide you with e-mail, text or other notice of any amendment the Terms of Service and User Agreement (and may summarize any such amendment), but neither the failure to provide, nor any inaccuracy in, any such notice shall affect your acceptance of the modified Terms of Service and User Agreement by logging in and/or using the Services.

IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE TO THE TERMS OF SERVICE AND USER AGREEMENT, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO YOUR USER ACCOUNT AND CEASING ALL USE OF THE SERVICES. IF YOU CONTINUE TO ACCESS YOUR USER ACCOUNT AND/OR USE THE SERVICES IN ANY MANNER AFTER ANY SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS OR USE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED USER AGREEMENT.