UNITED PET CARE, LLC
Last Modified: June 23, 2022
Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, or terms or conditions of use specific to the products or services provided by us or made available through the Site.
WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE, OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCPETING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend, or discontinue at any time your use of the Site or any of its functions, features, materials, or Content (defined below).
You may not use this Site if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, products, or services by applicable law.
We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting the revised effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the new Terms.
License and User Conduct
UPC grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms and any rules or guidelines found on the Site. All rights not expressly granted in these Terms are reserved for UPC.
Your use of the Site pursuant to these Terms is limited to (1) receiving information about our company, Site, products, services, and business activities; (2) accessing the Site; and (3) collecting and sharing your information. You may access, download, and print Site materials only as necessary to transact business with UPC and receive information available on the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on Site materials.
You agree that you will comply with these Terms, any applicable Site guidelines, and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third-party; (e) violate the privacy of individuals, including, but not limited to other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; (g) violate any applicable local, state, national, or international law(s); or (h) violate any rules of the Site as posted thereon. You also agree that you will not: (i) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any other illegitimate means: (j) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site; or (k) sell, share, provide access to, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activities or uses, in our sole discretion.
Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as expressly permitted herein or as provided for on the Site.
We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site at any time in our sole discretion.
The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. We reserve the right to change, suspend, remove, or disable your access to the Site at anytime without notice and for any reason in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in any case, for any reason, and without notice or liability, again, in our sole discretion.
You must be 16 or older to access or utilize the Site.
Information You Provide
You agree that all information you provide to us or post on the Site will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide or post it, and that it does not violate any third-party’s intellectual property or privacy rights. Any information or materials you provide us via the Site, post to the Site, or otherwise, including feedback, responses to questions, comments, documents, photographs, suggestions, or the like will be deemed to be non-confidential and owned exclusively by UPC. We will have no obligation of any kind with respect to such information. By uploading, sending, posting, or otherwise providing any information or material, you grant UPC an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that UPC is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose in its sole discretion, including for use in creating derivative works.
Your UPC.com Portal Account
If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you post material to the Site, post links on the Site, or otherwise make (or allow any third-party to make) material available by means of the Site (“User Content”), you are entirely responsible for the content of, and any harm or alleged harm resulting from that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file, or computer software. By making User Content available, you represent and warrant that:
- the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third-party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
- you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
- the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the User Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content linking to third-party sites or to boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or misleading recipients as to the source of the material (such as spoofing);
- the User Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third-party;
- your User Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- your User Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
Responsibility of Website Visitors
By visiting the Site, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that includes typographical mistakes and other errors.
Electronic and Telephonic Communications
When you use the Site or send e-mails, messages (e.g., via our chatbot feature), and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us (e.g., newsletters and updates) including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) you have provided to us. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
We may send and receive (recurring) text messages through cellular telephone operators or other networks, and the level of reliability may vary. Consent to receive such message is not required as a condition of purchasing any goods or services. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges.
IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN ANY OF THE MARKETING COMMUNICATIONS THEMSELVES. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY TEXTING THE APPLICABLE KEYWORD PROVIDED IN THE TEXT MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests. You can also unsubscribe from receiving marketing communications from us by emailing us at firstname.lastname@example.org.
Third-Party Sites and Information
Our Site may have links to other websites or it may refer to information, documents, software, materials, and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that UPC is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.
Certain parts of the Site may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”). By using the Site, you acknowledge and agree that UPC is 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. 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 for any other materials, products, or services of third parties.
If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
When making purchases from the Site, you agree to pay UPC the fees indicated under the terms indicated. Unless otherwise expressly indicated or authorized by UPC, all such fees are not refundable.
You agree to defend, indemnify, and hold UPC and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with us in asserting any available defenses.
UPC may, but is not obligated to, monitor your Membership enrollment, Member Portal and Your Content uploaded to the Site for any infringement of a third-party’s intellectual property rights. However, UPC cannot undertake to review all such content before it is posted on the Site, and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, UPC assumes no liability for any action regarding transmissions, communications, or content provided by any user or third-party. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Site have been copied in a way that constitutes copyright infringement, you may submit a notification to our legal department as noted below.
The entire content of the Site, including, but not limited to, text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark, and other intellectual property laws and is owned, controlled, or licensed by or to UPC. Your use of the Site does not grant you any rights to the Site or any of the Content except as explicitly described on the Site.
The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.
All trademarks, service marks, logos, taglines, copyrightable works, and trade dress depicted on the Site are owned, controlled or licensed by UPC, licensed to UPC, or are the property of their respective owners. You agree not to reproduce, imitate, alter, display, distribute, or use such intellectual property, in whole or in part, in any manner, without the prior written permission of UPC.
Subject to your compliance with these Terms, UPC grants you a limited, non-exclusive license to access and use portions of the Site, provided that your access and use is lawful and non-commercial and that you do not: reproduce, distribute, or use Content without proper authorization; change or delete any proprietary notices from downloaded or printed materials; copy or post Content on any networked computer or device; broadcast it in any media, including social media; or make any representations or warranties relating to such Content.
Other than as described here or on the Site, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or its Content except as permitted or consented to by these Terms.
Digital Millennium Copyright Act Notice
UPC respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Site (or any portion of the Site) infringes upon your copyrights, please provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;
- A description of the copyrighted work that you believe has been infringed;
- The specific location on the Site of this allegedly infringing material;
- Your address, telephone number, and email address and any other pertinent information sufficient to allow UPC to contact you about the allegation;
- A statement by you that you have a good faith belief that the disputed use is not authorized by copyright owners, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notices of claimed copyright infringement should be directed to:
By email: email@example.com
THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE AND ITS CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR NOT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL UPC, ITS AFFILIATES, ITS SUBSIDIARIES, ITS RELATED COMPANIES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. Any claim brought by you is subject to the Limitation of Liability set forth above.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of Arizona, without regard for its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Site or the Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Maricopa County, Arizona.
Failure by UPC to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by UPC.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without UPC’s prior written consent. Any attempt by you to assign or transfer you rights or obligations under these Terms, without such consent, will be null and void and of no effect. UPC may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms, where properly assigned, shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
United Pet Care, LLC
DIRECT-TO-CONSUMER MEMBERSHIP AGREEMENT
THIS DIRECT-TO-CONSUMER AGREEMENT (the “DTC Agreement”) shall govern the terms and conditions of United Pet Care, LLC’s (“UPC”) Direct-To-Consumer Membership Program (the “Program”).
Last Modified: February 7, 2023
PART I – DEFINITIONS
“DTC Member” means any person who enrolls in the DTC Program directly through UPC.
“Membership Fee” means the monthly or annual fee (as applicable) that UPC will charge the DTC Member in exchange for the DTC Member being enrolled in the DTC Program.
“Pet” means any pet owned by a DTC Member and living in the DTC Member’s household including but not limited to a dog, cat, bird, ferret, rabbit, pocket pet, reptile, or equine.
“Services” means any approved veterinary services provided to a Pet by a Program Veterinarian pursuant to the Program.
“Program Veterinarian” means a licensed veterinarian who has a contract with UPC to render services as a part of the Program to any DTC Member’s Pet in accordance with the terms and conditions of said contract between the Program Veterinarian and UPC.
PART II – PROGRAM RULES
A. DTC Members will be able to visit their selected Program Veterinarian starting on the first (1st) day of the month following the DTC Member’s enrollment in the Program.
B. DTC Members shall contact and engage directly with the Program Veterinarian for purposes of scheduling appointments and receiving Services.
C. DTC Members agree and acknowledge that, as it relates to a Pet’s receipt of Services from a Program Veterinarian, in addition to being bound by the terms and conditions of this DTC Agreement, each DTC Member shall also be subject to and bound by any applicable terms, conditions, invoices, provisions, agreements, or other contracts entered into directly between the DTC Member and the Program Veterinarian.
D. UPC reserves the right, in its sole discretion, to remove any Program Veterinarian from the Program. To the extent UPC removes a Program Veterinarian from the Program, UPC will notify all DTC Members via email of said termination and will assist any DTC Member(s) with selecting a new Program Veterinarian.
E. To the extent a DTC Member receives veterinary services from any person that is not their selected Program Veterinarian, the DTC Member shall be solely liable for any and all costs associated with the DTC Member’s receipt of said services as they would not constitute Services under the Program.
PART III – PROGRAM BENEFITS
A. DTC Members shall be entitled to receive any Services and will qualify for any applicable monetary Program discount as it relates to the cost of the Services. The Program’s applicable discounted pricing for Services shall be applied directly by the DTC Member’s selected Program Veterinarian at the time of payment by the DTC Member if payment is being rendered at the time of Service or reflected on the Program Veterinarian’s invoice which shall be issued directly from the Program Veterinarian (or an agent of the Program Veterinarian) to the DTC Member.
B. In order to receive the Program’s applicable discounted pricing for Services, DTC Members’ Pets must receive Services from a Program Veterinarian. If a DTC Member has multiple Pets, to the extent possible, each Pet must use the same Program Veterinarian.
C. DTC Members are entitled to change their selected Program Veterinarian from time to time so long as the DTC Member receives UPC’s approval prior to a Pet receiving services from a new selected Program Veterinarian. Upon receiving UPC’s consent to change selected Program Veterinarian, a DTC Member’s Pet may commence receiving Services from its newly selected Program Veterinarian on the first (1st) day of the month following receipt of said pre-approval by UPC. Notwithstanding the foregoing, DTC Members’ Pets shall not be allowed to receive Services from a newly selected Program Veterinarian unless the DTC Member has satisfied all sums owed to UPC and/or the previous Program Veterinarian. UPC reserves the right at any time, in its sole discretion, to reassign a DTC Member to a different Program Veterinarian of the DTC Member’s choice.
PART IV – MEMBERSHIP TERM AND INVOICING
A. Upon enrolling in the Program, each DTC Member shall be committed to paying the Membership Fee on a monthly basis for one (1) year. The DTC Member shall not be entitled to cancel its membership in the Program within the first year after enrollment unless the DTC Member’s Pet becomes deceased or moves out of service area.
B. Each DTC Member will be charged the Membership Fee on the first (1st) day of each month commencing in the first month following the DTC Member’s enrollment in the Program.
C. Following the one (1) year anniversary of the DTC Member’s enrollment in the Program, the DTC Member shall be entitled to cancel its membership at any time by giving UPC thirty (30) days’ notice. Such notice can be sent via email to firstname.lastname@example.org, or by any other method deemed acceptable to UPC. Further, UPC may, in its sole discretion, assess a cancellation fee, not to exceed $30.00, to any DTC Member cancel their membership in the Program pursuant to the terms of this provision. UPC will include any applicable cancellation fee in the DTC Member’s final invoice.
D. Following the one (1) year anniversary of the DTC Member’s enrollment in the Program, the DTC Member’s membership in the Program shall automatically renew on a month-to-month basis until the DTC Member cancels its membership in the Program pursuant to the terms detailed above in Section C.
E. UPC reserves the right, in its sole discretion, to increase or decrease the Membership Fee at any time upon giving the DTC Members thirty (30) days’ notice of said increase or decrease. Any such adjustment to the Membership Fee shall not be applied to any DTC Member until the month following the expiration of UPC’s 30-day notice of said adjustment. For example, if UPC notifies a DTC Member on February 15 that it is increasing the Membership Fee by $1.00, the increase will not the applied to the DTC Member’s Membership Fee until April 1.
F. UPC reserves the right, in its sole discretion, to terminate a DTC Member’s membership in the Program immediately upon the DTC Member’s failure to pay the Membership Fee as it becomes due and owing or if the DTC Member fails to timely pay any sums that become due and owing by the DTC Member to a Program Veterinarian for Services.
PART V – DISCLAIMER AND LIMITATION ON LIABILITY
A. EXCEPT AS SET FORTH IN THIS DTC AGREEMENT, UPC HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, EITHER ORAL OR WRITTEN, AS IT RELATES TO THE QUALITY OF SERVICES PROVIDED OR TO BE PROVIDED BY ANY PROGRAM VETERINARIAN THAT IS A PART OF THE PROGRAM. UPC EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS AND WARRANTIES. DTC MEMBERS ARE TO ENGAGE AND HAVE THEIR PETS RECEIVE SERVICES FROM PROGRAM VETERINARIANS AT THEIR OWN RISK AND ARE ENCOURAGED TO DO THEIR OWN DILIGENCE AS IT RELATES TO WHICH PROGRAM VETERINARIAN THEIR PET RECEIVES SERVICES FROM.
B. UNLESS EXPRESSLY STATED OTHERWISE IN THIS DTC AGREEMENT, IN NO EVENT SHALL UPC BE LIABLE TO ANY DTC MEMBER OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT IN EXCESS OF THE TOTAL FEES PAID BY DTC MEMBER TO UPC IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM BEING MADE AGAINST UPC. UPC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ALLEGEDLY ARISING OUT OF OR RELATED TO THIS DTC AGREEMENT OR ANY SERVICES RENDERED TO A DTC MEMBER’S PET BY A PROGRAM VETERINARIAN.
PART VI – MISCELLANEOUS
A. Any and all notices to be sent by UPC to any DTC Member as it relates to this DTC Agreement shall be sent to the DTC Member via email to the email address provided to UPC by the DTC Member upon his/her enrollment in the Program.
B. This DTC Agreement shall be governed by and construed according to the laws of the State of Arizona, without regard for its conflicts of laws principles. Any action to enforce the terms of this DTC Agreement will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Maricopa County, Arizona. To the extent either a DTC Member or UPC brings any action to enforce the terms of this DTC Agreement, the prevailing party in any such action shall be entitled to receive any and all reasonable attorneys’ fees and costs incurred in bringing such action from the non-prevailing party.
C. UPC reserves the right, in its sole discretion, to amend the terms of this DTC Agreement at any time. Any such amendment shall be effective upon UPC providing notice to the DTC Members via email.
D. DTC Members may contact UPC regarding any inquires as it relates to this DTC Agreement or the Program at: email@example.com or by calling (602) 266-5303.