GoFetch Pay Terms of Service


Welcome to GoFetch and GoFetch+. These Terms and Conditions as amended from time to time (this “Agreement”) form a legally binding agreement that governs your use of the Principal Veterinary Clinic Services, other GoFetch and GoFetch+ Services and GoFetch Applications (each as defined below). By using the Principal Veterinary Clinic Services, other GoFetch+ Services and GoFetch Applications, you agree to comply with the terms and conditions of this Agreement. As you read through this Agreement, please note that: “us”, “our”, and “GoFetch” refer to GoFetch Petcare Inc. dba GoFetch; and “you” and “your” refer to you, the user of the GoFetch+ Services and GoFetch Applications.

Your use of THE GOFETCH APPLICATIONS AND/OR ANY SERVICE PROVIDED BY GOFETCH is subject to binding individual arbitration of any disputes which may arise, as provided in Section 31 below.  Please read the arbitration provisions carefully and do not use our Site or other Service if you are unwilling to arbitrate any disputes you may have with us as provided below.


You must accept this Agreement in order to access and use the Principal Veterinary Clinic Services, other GoFetch+ Services, and GoFetch Applications, including your Rewards Account (as defined below).

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Effective Date: January 1, 2022.

1. Interpretation.
In addition to the words defined throughout this Agreement, the following definitions apply:

  • Account in Good Standing” means that you have met all of your obligations to GoFetch hereunder and your Rewards Account has not been suspended for failure to pay or failure to comply with the terms and conditions of this Agreement.
  • GoFetch Applications” means the mobile applications and websites published by GoFetch.
  • GoFetch Pay” means the GoFetch loan program that allows you to receive a virtual credit card to finance veterinary clinic expenses and pay for them over time.
  • GoFetch Rewards” means rewards, bonuses or promotional offers, including the Cash Rewards, offered through the Rewards Program, which may be in the form of service credits or discounts for services with the Primary Clinic.
  • Loan Agreement” means the loan agreement you enter into with us when you take out a GoFetch Pay loan.
  • Pet Care Plans” means the monthly or annual subscription plans for the GoFetch+ Services tailored to the individual needs, age and lifestyle of your pet(s), as available from time to time.
  • "Primary Clinic" means your selected primary veterinary clinic in the GoFetch Applications.
  • Principal Veterinary Clinic Services” means all products and services provided by the Primary Clinic in connection with the Pet Care Plans.
  • Rewards Account” means the online account created by GoFetch in your individual name to record your activity in the Rewards Program including the accumulation and redemption of GoFetch Rewards.
  • "Service Providers" means other third party veterinary health and wellness or other service providers, organizations or clinics.

All decisions regarding the interpretation of the terms and conditions of this Agreement, and any disputes arising therefrom, will be resolved by GoFetch in its sole discretion.

2. For GoFetch+ Customers - GoFetch+ Services Overview:
GoFetch has made available for subscription certain Pet Care Plans on the GoFetch Applications, and you have elected to subscribe to a Pet Care Plan for a bundle of services as described in more detail in the GoFetch Applications (collectively the “GoFetch+ Services”):

  • unlimited veterinary office visits and exams, appropriate life stage vaccines, appropriate life stage diagnostics, all of which are the Principal Veterinary Clinic Services, offered only by your Primary Clinic;
  • a rewards program (the “Rewards Program”) that provides 10% cash rewards on all out-of-plan in-clinic purchases for GoFetch+ members subscribed to a Pet Care Plan, as determined by GoFetch, that can be spent on food, prescriptions, services that are not covered by your Pet Care Plan, and any other purchases made in only your Primary Clinic (the "Cash Rewards"), and may also include any other discounts and/or reimbursements for select services provided by the Primary Clinic or Service Providers, as available, from time to time.
  • instant manufacturer rebates, which may be available from time to time on pet related products;
  • access to a 24/7 chat, phone or an email based program provided through a third party Service Provider, where veterinary care providers or professionals will ask you to answer questions about your pet so that they can assess health problems and give advice (“Connect to a Vet”). This Connect to a Vet service is offered through a third party Service Provider and does not constitute the practice of veterinary medicine, will not be positioned as a substitute for in-person care, and is focused on general advice and emergency support solely to you to the appropriate level of veterinary care;
  • access to GoFetch Pay (discussed further below) as an alternative to paying upfront, out-of-pocket, in-clinic veterinary expenses; and
  • such other services that may be provided by GoFetch and/or by the Primary Clinic, as may be covered under your Pet Care Plan, or through the GoFetch Applications, from time to time.

3. For GoFetch Loyalty Program Customers - Loyalty Program Services Overview: :
GoFetch has made available for subscription and you have elected to subscribe to a “Loyalty Program” on the GoFetch Applications, described in more detail in the GoFetch Applications (collectively the “GoFetch Loyalty Program Services”):

  1. a rewards program (the “Rewards Program”) that provides 5% cash rewards (or such % determined by the member’s Primary Clinic) on all in-clinic purchases for GoFetch Loyalty Program customers not enrolled in a GoFetch+ Pet Care Plan, as determined by GoFetch, that can be spent on food, prescriptions, services that are not covered by your Pet Care Plan, and any other purchases made in only your Primary Clinic (the "Cash Rewards"), and may also include any other discounts and/or reimbursements for select services provided by the Primary Clinic or Service Providers, as available, from time to time.
  2. instant manufacturer rebates, which may be available from time to time on pet related products;
  3. access to a 24/7 chat, phone or an email based program provided through a third party Service Provider, where veterinary care providers or professionals will ask you to answer questions about your pet so that they can assess health problems and give advice (“Connect to a Vet”). This Connect to a Vet service is offered through a third party Service Provider and does not constitute the practice of veterinary medicine, will not be positioned as a substitute for in-person care, and is focused on general advice and emergency support solely to you to the appropriate level of veterinary care;

4. Age Limitation.
The GoFetch and GoFetch+ Services and GoFetch Applications are only intended for users who are at least 18 years old. By using the GoFetch+ Services and GoFetch Applications, you represent and warrant to us that you are at least 18 years old.

5. Pet Care Plans.
The GoFetch and GoFetch+ Services and GoFetch Applications are only intended for users who are at least 18 years old. By using the GoFetch+ Services and GoFetch Applications, you represent and warrant to us that you are at least 18 years old

  1. Billing. We’ll automatically bill you for the applicable subscription fee from the date you sign up for a Pet Care Plan and on each periodic renewal, either monthly or annually, as applicable, until cancellation. If you have selected to be billed annually, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
  2. Cancellation Policy. You may cancel your Pet Care Plan subscription at any time, with no cancellation fee, except that if you have received services and/or rewards from the Primary Clinic that exceed the value of all subscription fees paid up to the time of cancellation (for example, if you received your pet’s annual vaccines early in your subscription term), you will be charged for the difference between the value of the services provided by the Primary Clinic and the fees you have paid up to the time of termination, as determined by the Primary Clinic. You will also continue to be responsible for repaying any outstanding loan balance you have pursuant to the terms of a Loan Agreement. No refunds will be provided for any monthly or annual subscription fees already charged at time of cancellation.
  3. Suspended accounts. Your account will remain in effect until it's cancelled or terminated under this Agreement. If you don’t pay for your account on time, we reserve the right to suspend it.
  4. Changes. We may change the subscription fees and the GoFetch+ Services in effect from time to time, but will give you advance notice of these changes via a message to the email address associated with your account.

6. Primary Clinic and other Service Providers.
You acknowledge that your interactions, communications, use and receipt of any services offered by the Primary Clinic or other Service Providers are at your own risk. You also acknowledge that all veterinary office visits and exams, appropriate life stage vaccines, appropriate life stage diagnostics, and other Principal Veterinary Clinic Services are provided solely by the Primary Clinic and not GoFetch. GoFetch does not provide veterinary services and, with respect to such services, is only acting as an agent of the Primary Clinic in administrative matters or is making available through its GoFetch Applications the services of third party Service Providers. You agree that you are solely and ultimately responsible for subscribing to your Pet Care Plan, selecting the Primary Clinic or other Service Providers and accepting their services. You are encouraged to discuss and verify any credentials or profile information on your own and directly with the Primary Clinic or other Service Providers before agreeing to subscribe to your Pet Care Plan and accept its services. GoFetch makes no guarantees or assurances that the Primary Clinic or other Service Providers possess and/or will continue to possess the necessary licenses, training, certifications, and educational background required to perform the services that the Primary Clinic or other Service Providers offer, advertise or provide. GoFetch also makes no representations or warranties as to the accuracy or completeness of any information that the Primary Clinic or any other Service Provider may make available through the GoFetch Applications. GoFetch does not control or verify any third party statements or reviews of the Primary Clinic or any other Service Provider that are made available through the GoFetch Applications, and is not responsible for any false or misleading claims contained in any reviews, advertisements or other materials associated with the Primary Clinic or any other Service Provider.

7. No Liability for Primary Clinic.
GoFetch is acting as an agent of the Primary Clinic in its offering of the Principal Veterinary Clinic Services. GoFetch is not liable for the actions or failures to act of the Primary Clinic and its respective directors, agents, contractors, employees or personnel in connection with the delivery of the Principal Veterinary Clinic Services. GoFetch makes no representations or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and the Primary Clinic. You acknowledge that you may enter into separate terms, agreements or provide waivers to the Primary Clinic in connection with, or as a condition to, your receipt of the Primary Clinic's services (“Customer Agreements”). Under no circumstances will GoFetch be a party or third party beneficiary to any Customer Agreements, and any terms in a Customer Agreement that purport to impose obligations upon GoFetch that are beyond the scope or are in addition to GoFetch’s responsibilities in this Agreement will be void and invalid. You will comply with the terms of any Customer Agreements. GoFetch will have no liability for any breach of a Customer Agreement by you or the Primary Clinic and will have no obligation to indemnify or otherwise provide any support or assistance for any claims that result from or arise in connection with a Customer Agreement.

8. No Liability for Service Providers.
Service Providers, including the veterinary experts providing advice through the Connect to a Vet service, are third parties and not agents, employees, personnel or representatives of GoFetch. GoFetch is not liable for the actions or failures to act of any Service Provider and its respective directors, agents, contractors, employees or personnel in connection with the delivery of the GoFetch+ Services. GoFetch makes no representations or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and the Service Providers. Under no circumstances will GoFetch be a party or third party beneficiary to any agreements that you may enter into with any Service Provider, and any terms in such agreement that purport to impose obligations upon GoFetch that are beyond the scope or are in addition to GoFetch’s responsibilities in this Agreement will be void and invalid. GoFetch will have no liability for any breach of such agreement by you or the Service Provider and will have no obligation to indemnify or otherwise provide any support or assistance for any claims that result from or arise in connection with such agreement.7. No Liability for Primary Clinic.

9. Rewards Program.

  1. Program Enrollment. By subscribing for a Pet Care Plan through the GoFetch Applications, you will automatically be enrolled in the Reward Program and your Rewards Account will automatically be created. It is your responsibility to verify the GoFetch Rewards when they are posted to your Rewards Account and notify us promptly of any errors. In the event of an error, our only responsibility is to correct the error. To ensure that you have time to confirm the balances in your Rewards Account are correct, GoFetch gives you 30 days from the date the GoFetch Rewards are applied to your Rewards Account to review your balance and contact GoFetch with any dispute. After the 30 days, all GoFetch Rewards appearing in your Rewards Account are deemed to be valid. However, GoFetch reserves the right to adjust the GoFetch Rewards balance if GoFetch has improperly credited GoFetch Rewards to your Rewards Account. Our records of GoFetch Rewards earned and redeemed will be final, conclusive and binding on you. GoFetch may audit your Rewards Account to determine your compliance with this Agreement. You are responsible for your Rewards Account and for the activities of anyone who uses it. To prevent unauthorized use, you must maintain the confidentiality of the login names, passwords and other identification methods that you use to access your Rewards Account. We are not responsible for any loss arising from unauthorized use of your Rewards Account or your failure to comply with these provisions.
  2. Rewards Accumulation. In addition to the Cash Rewards that you may earn from the Rewards Program, from time to time, GoFetch, either alone, or together with the Primary Clinic or other Service Providers, may agree to offer you (each an “Offer”) specified GoFetch Rewards. Each Offer will be conditional upon you satisfying the conditions set out in the applicable Offer, and subject to the terms and conditions of this Agreement and any additional terms and conditions associated with the applicable Offer. GoFetch may choose to stop offering an Offer at any time. You may earn GoFetch Rewards by meeting the conditions of the applicable Offer. GoFetch Rewards will expire in accordance with the terms of the applicable Offer or, if not so specified, will remain active as long as you continue have a member Account in Good Standing. Upon cancellation or termination of your subscription, your accumulated GoFetch Rewards will expire automatically. Expired GoFetch Rewards are void and may not be redeemed and have no value. Your GoFetch Rewards have no cash value, and may not be redeemed for cash, merchandise, or any other benefit except benefits as permitted under the Rewards Program. There is no cash surrender value for unused GoFetch Rewards, and you have no property rights or other legal interests in GoFetch Rewards. GoFetch Rewards are personal and cannot be assigned, traded, willed, or otherwise transferred without the prior written consent of GoFetch. Any attempt to assign, trade, will or otherwise transfer your GoFetch Rewards without the prior written consent of GoFetch, may in the discretion of GoFetch result in the cancellation of your GoFetch Rewards and the closure of your Rewards Account. In the event of a return or exchange of any purchase for which GoFetch Rewards were earned, GoFetch Rewards will be deducted automatically from your Rewards Account. Your GoFetch Rewards balance will be reduced by the equivalent number of GoFetch Rewards issued for the returned or exchanged item on the original transaction.
  3. Rewards Redemption. GoFetch Rewards must be redeemed during the operation of the Rewards Program in connection with the purchase of goods or services provided by participating Service Providers in accordance with this Agreement and the terms and conditions of the applicable Offer with respect to which the GoFetch Rewards were earned. GoFetch Rewards can only be redeemed if: (a) you have an Account in Good Standing; and (b) the GoFetch Reward sought to be redeemed was acquired and posted to your Rewards Account prior to the redemption transaction. Your Rewards Account balance will be reduced to reflect each redemption of a GoFetch Reward. Unredeemed GoFetch Reward plus any future GoFetch Rewards earned, will remain in your Rewards Account and can be applied to subsequent transactions. Certain GoFetch Rewards may have an expiration date or additional terms and conditions associated with such GoFetch Rewards, which in each case will be detailed in the applicable Offer or set out in other materials associated with the redemption of such GoFetch Rewards.
  4. Proof for Rewards Accumulation. You may submit proof for accumulation of rewards under your plan using an online submission process through the GoFetch Applications. Common examples of such proof include pictures of invoices clearly listing the services or products purchased from your Primary Clinic which are eligible for rewards as outlined by GoFetch. Other forms of proof may include screenshots or other evidence of completion of the qualifying activities necessary for rewards accumulation under each offer as outlined on the GoFetch Applications. For each submission, you consent, authorize and certify that the contents of the submission are true and accurate. Accumulation of GoFetch Rewards will be reviewed and administered by GoFetch personnel. In order to receive rewards, you must be eligible based on your Pet Care Plan. We reserve the right to deny any rewards claim that does not have the required proof information associated with that rewards offer. Your claim and your coverage may be denied if you provide false, incomplete, or misleading information or if the claim is not eligible under your Pet Care Plan.
  5. Program Changes, Suspension and Termination. We may at any time, on 30 days’ written notice to you, (a) restrict, suspend, amend, extend or otherwise change the Rewards Program or certain aspects of the Rewards Program, or (b) terminate the Rewards Program. We may immediately, without notice to you, (a) suspend or terminate your participation in the Rewards Program, or (b) cancel your Rewards Account and GoFetch Rewards, in each case upon becoming aware of: (i) any fraud or abuse committed by you relating to the Rewards Program, (ii) any misrepresentation of information provided by you as a participant in the Rewards Program, or (iii) your failure to follow the terms and conditions of this Agreement, any other terms and conditions referenced in this Agreement, or the terms and conditions of any Offer. If we take any of the actions described in this Section 9(e), you will continue to be responsible for repaying any outstanding loan balance you have pursuant to the terms of the Loan Agreement.

10. Connect to a Vet service is for Medical Guidance Only.
As a subscriber of a Pet Care Plan, you have access to our "Connect to a Vet" service and may seek the advice of our veterinary experts through the GoFetch Applications. ANY ADVICE PROVIDED THROUGH OUR CONNECT TO A VET SERVICE IS FOR YOUR DECISION SUPPORT PURPOSES ONLY TO PROVIDE YOU GENERAL INFORMATION TO ASSIST YOU IN MAKING YOUR VETERINARY MEDICAL CARE DECISION. OUR CONNECT TO A VET VETERINARIANS AND VETERINARY TECHNICIANS DO NOT DIAGNOSE, PRESCRIBE, OR TREAT ANY MEDICAL CONDITIONS, AND ARE NOT A SUBSTITUTE FOR A VISIT TO YOUR PRIMARY VETERINARIAN. IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY MEDICAL CARE IMMEDIATELY.

11. GoFetch Pay
As part of the GoFetch+ Services, you may be eligible for a loan (“Loan”) of up to $10,000, subject to a Loan Agreement, that you may use to pay for eligible in-clinic veterinary expenses, as follows:

  1. If you elect to take a Loan, you will be presented with a virtual credit card (“Card”) that you can use to make a payment to the veterinary clinic for the eligible purchases. You will not be able to use the Card to make any other purchases or at any other location. We verify that the Card is being used at the veterinary clinic and ensure that the transaction amount is consistent with the payment plan you specify.
  2. You will not incur finance charges on the Loan for the first 30 days of the Loan term.
  3. If you choose to use the Card to pay for expenses covered by your pet insurance policy and file a claim for reimbursement for those expenses, you will be able to elect either to receive the reimbursement yourself or for this reimbursement to be sent directly to us to reduce your Loan amount. If you elect to have the reimbursement sent directly to us, we will apply the payment to your Loan balance and recalculate your remaining Loan payments and finance charges.
  4. You will be required to make automatic repayments of the Loan from a credit card or other form of payment that we make available.
  5. Other than the finance charges disclosed in your Loan Agreement, we will not charge any other fees for your Loan as long as you make all of your payments on time.
  6. Other than the finance charges disclosed in your Loan Agreement, we will not charge any other fees for your Loan as long as you make all of your payments on time.

12. No Veterinarian-Patient Relationships.
You acknowledge and agree that although some of the resources and materials that are made available through your use of GoFetch+ Services and GoFetch Applications may be provided by individuals in the veterinary profession (including the Principal Veterinary Clinic Services provided by the Primary Clinic and information provided through the GoFetch "Connect to a Vet" or Service Providers in direct response to your questions or postings), the availability or provision of such information and services does not and will not create a veterinary client-patient relationship (VCPR), or other medical professional/patient relationship, between GoFetch and you and your pet in any circumstances.11. GoFetch Pay

13. No Endorsement.
GoFetch does not in any way endorse or recommend the Primary Clinic or any particular Service Providers, individuals, entities, products, services or devices that are listed, marketed, advertised, reviewed or otherwise made accessible through the GoFetch Applications. Any recommendations or referrals provided through GoFetch "Connect to a Vet" are provided for informational purposes only, and are not endorsements.

14. Service Efficacy.
Not all services that are available through the GoFetch Applications will be appropriate for you, and therefore GoFetch makes no claims about the efficacy of any particular service, the Primary Clinic or any Service Provider, including any information provided through GoFetch "Connect to a Vet" or through the Principal Veterinary Clinic Services. GoFetch does not guarantee or make any representations and/or warranties, whether express or implied, with respect to any services accessible or made available through GoFetch+ Services and GoFetch Applications.

15. No Third-Party Beneficiaries.
This Agreement is between you and GoFetch only and no other parties, including the Primary Clinic. You agree there are no third party beneficiaries under this Agreement.

16. Your Responsibilities.
You must at all times comply with the terms of this Agreement, in order for you to use GoFetch+ Services and GoFetch Applications. In addition, you hereby agree as follows:

  1. You will comply with all applicable federal, state and local laws and regulations when using GoFetch+ Services and GoFetch Applications.
  2. You agree that any information you provide to GoFetch or through the GoFetch Applications is truthful and accurate. Inaccurate information will affect your experience when using the GoFetch Applications and our ability to contact you as described in the Privacy Policy. You may also be asked to provide authorization or additional information when you use the GoFetch Applications in order to verify the information or Content (defined below) you submit. You further agree to promptly notify GoFetch if you discover or reasonably suspect you have provided any false or incorrect information.
  3. You will pay for (i) the applicable fees for the GoFetch+ Services; and (ii) any data, voice or internet charges and other separate or outside charges you incur through use of the GoFetch Applications, and will not seek refunds, credits or reimbursements from GoFetch.
  4. You understand and agree that GoFetch is not responsible for advertisements, reviews, materials, postings, articles, or other materials and information made available by the Primary Clinic, GoFetch "Connect to a Vet", other users of the GoFetch Applications (“Members”) or that are otherwise accessible through the GoFetch Applications. You will use GoFetch+ Services, GoFetch Applications and all associated materials at your own risk.
  5. You are solely responsible for your actions and interactions with Members and the Primary Clinic, whether online or offline. You agree that GoFetch is not responsible or liable for the conduct of any Member or the Primary Clinic, including any harm or damage to your pet that arises or occurs from Members or the Primary Clinic. GoFetch reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Members or the Primary Clinic.

17. Special Terms Regarding Apple-Enabled Software Applications.
We offer software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

  1. We and you acknowledge that this Agreement is concluded between us and you only, and not with Apple, and that as between us and Apple, we, not Apple, are solely responsible for the Apple-Enabled Software and its content.
  2. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  3. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  4. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  5. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law.
  6. We and you acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  7. In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  8. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
  9. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to us by email at [email protected]
  10. We and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third-party beneficiary.

18. Policies.
If you violate any terms of the Agreement, GoFetch may take any action it deems appropriate, including suspending or terminating your Rewards Account or your ability to use GoFetch+ Services and GoFetch Applications. You acknowledge and understand that investigation and enforcement of any suspected, reported or discovered violations are within GoFetch’s sole discretion, including the decision to take any action against you, other Members or the Primary Clinic. GoFetch has the sole discretion to suspend, disable, remove, restrict, modify or delete your access to your member account, GoFetch+ Services and GoFetch Applications on a temporary or permanent basis without notice or liability to you.

19. General Content on GoFetch Applications.
By using GoFetch+ Services and GoFetch Applications, you can provide, share, receive and exchange information, content and materials with the Primary Clinic and GoFetch "Connect to a Vet" within the GoFetch Applications. If you receive any information, content or materials from a Member, the Primary Clinic or through the GoFetch "Connect to a Vet", you agree you will not share or disclose such materials unless permitted by the party that provided it. You are permitted to share content or materials that are generally accessible and made available to all Members and the Primary Clinic through the GoFetch Applications, which may include posts, submissions, contributions, articles, images, photos or other content provided by GoFetch, GoFetch "Connect to a Vet", the Primary Clinic and Members (“General Content”). You may be permitted to share certain General Content outside of the GoFetch Applications, including uploading onto third party sites, such as social media. You are solely responsible for providing any source attributions, credits or obtaining necessary permissions to share or display such General Content outside of the GoFetch Applications, if applicable.

20. Responsibility for your Content.
You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sound recordings, works of authorship, applications, links and other content or materials, including intellectual property, that you submit, post, share, use, provide, transmit, or display on or through use of GoFetch+ Services and GoFetch Applications (“Content”). You will ensure you have or have received all necessary rights and licenses to any Content you display, provide or share to GoFetch, GoFetch "Connect to a Vet", Members and the Primary Clinic, or that you generally make accessible through use of GoFetch+ Services and GoFetch Applications. You are solely responsible for your Content, including any confidential information contained therein and enforcement of any Intellectual Property Rights (as defined below) you claim to such Content. Thus, you agree to provide Content at your own risk. GoFetch will not be responsible or liable to you for the use or sharing of your Content by Members and the Primary Clinic that you share or make generally available within the GoFetch Applications, including any Content that is shared outside to third parties and social media.

21. Your Content License to GoFetch.
You hereby grant to GoFetch a worldwide, non-exclusive, transferable, sub licensable, royalty free, fully paid up right and license to use, copy, distribute, display, publicly perform, modify and create derivative works of any Content you display, provide or make generally available in the GoFetch Applications, for use in connection with GoFetch+ Services and GoFetch Applications (the “License”). The License excludes any Content that you share using GoFetch+ Services through GoFetch "Connect to a Vet", to the Primary Clinic or to Members in closed communications, which are not otherwise viewable or accessible within the GoFetch Applications. You represent, warrant, and covenant and can demonstrate to GoFetch’s full satisfaction upon request that you (a) own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content you submit, post, use, share provide, transmit, or display on or through the GoFetch Applications does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content through the GoFetch Applications or GoFetch+ Services, or the exercise of the License by GoFetch, (d) have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) have the legal right and capacity to grant the License to GoFetch. You agree to waive any moral rights worldwide you may have in the Content that you submit using GoFetch+ Services or GoFetch Applications.

22. Data Use.
You acknowledge and approve GoFetch accessing your pet’s electronic health record and your transaction data, which may be used to administer the GoFetch+ Services and your Rewards Account, provide automatic reconciliation of earned rewards, automate notifications regarding services and offers related to the GoFetch+ Services, as well as for research purposes to improve the performance of GoFetch’s products and services.

23. No Transfer of GoFetch Intellectual Property Rights.
As between you and GoFetch, GoFetch owns and retains all right, title and interest in and to GoFetch+ Services and GoFetch Applications, and all Intellectual Property Rights therein. Nothing in this Agreement shall be deemed as a transfer, implied or otherwise, of any GoFetch Intellectual Property Rights to you. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials provided by GoFetch, GoFetch+ Services or the GoFetch Applications and agree not to use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using GoFetch+ Services or GoFetch Applications, or otherwise permitted by GoFetch regarding your use of General Content.

24. No Special Relationship or Fiduciary Duty.
You acknowledge that GoFetch has no special relationship with or fiduciary duty to you. You also acknowledge that GoFetch has no control over, and no duty to take any action on other Members, GoFetch "Connect to a Vet" or the Primary Clinic. GoFetch has no obligation to you regarding which users gain access to GoFetch+ Services and GoFetch Applications. You agree that GoFetch is not liable to you for any effect or harm that General Content, information and materials you access and use through GoFetch Applications has on you. You agree to use such materials and any information contained at your own risk.

25. Termination.
This Agreement commences on the date you first download, access or use GoFetch Applications or GoFetch+ Services until the termination or expiration of your account or access to GoFetch Applications by either you or GoFetch. Upon termination of this Agreement, you will cease all use of GoFetch+ Services and GoFetch Applications. On any termination of this Agreement, Sections 1, 9(e) (last sentence), 11(f), 21 to 25, 27 to 33, 38 to 42 and any other section that by its nature should survive the termination of this Agreement, shall in each case survive any termination of this Agreement. We reserve the right to suspend or terminate your access to GoFetch Applications and GoFetch+ Services with reasonable notice to you if you are in breach of this Agreement, you are using the GoFetch+ Services in a manner that would cause a real risk of harm or loss to us or other users, or you haven't accessed GoFetch+ Services for 12 consecutive months. No notice will be given before termination if you are in material breach of this Agreement, doing so would cause us legal liability or compromise our ability to provide the GoFetch+ Services to our other users, or we are prohibited from doing so by law. If this Agreement terminates pursuant to this Section 25, you will continue to be responsible for repaying any outstanding loan balance you have pursuant to the terms of a Loan Agreement

24. No Special Relationship or Fiduciary Duty.
This Agreement commences on the date you first download, access or use GoFetch Applications or GoFetch+ Services until the termination or expiration of your account or access to GoFetch Applications by either you or GoFetch. Upon termination of this Agreement, you will cease all use of GoFetch+ Services and GoFetch Applications. On any termination of this Agreement, Sections 1, 9(e) (last sentence), 11(f), 21 to 25, 27 to 33, 38 to 42 and any other section that by its nature should survive the termination of this Agreement, shall in each case survive any termination of this Agreement. We reserve the right to suspend or terminate your access to GoFetch Applications and GoFetch+ Services with reasonable notice to you if you are in breach of this Agreement, you are using the GoFetch+ Services in a manner that would cause a real risk of harm or loss to us or other users, or you haven't accessed GoFetch+ Services for 12 consecutive months. No notice will be given before termination if you are in material breach of this Agreement, doing so would cause us legal liability or compromise our ability to provide the GoFetch+ Services to our other users, or we are prohibited from doing so by law. If this Agreement terminates pursuant to this Section 25, you will continue to be responsible for repaying any outstanding loan balance you have pursuant to the terms of a Loan Agreement.

26. Maintenance and Support.
GoFetch has no obligation to furnish any maintenance and support for GoFetch+ Services or GoFetch Applications, unless required by applicable law.

27. Indemnification.
You agree to release, defend, indemnify and hold harmless GoFetch, its affiliates, shareholders, and each of its employees, contractors, directors, officers, suppliers and representatives (collectively, “GoFetch Indemnitees”) from all liabilities, claims, damages, losses and expenses, including without limitation, reasonable legal and accounting fees brought against GoFetch Indemnitees by any third party, including other Members or the Primary Clinic, arising out of or related to all claims or demands that arise out of or relate to (i) your use of GoFetch+ Services or GoFetch Applications, (ii) your Content, (iii) your use and/or receipt of services from the Primary Clinic, (iv) your breach or noncompliance with this Agreement, or (v) your breach of a Customer Agreement.

28. Disclaimer of Warranties.
GOFETCH+ SERVICES, GOFETCH APPLICATIONS, THE REWARDS PROGRAM, GENERAL CONTENT, AND ALL OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GOFETCH+ SERVICES AND GOFETCH APPLICATIONS ARE PROVIDED BY GOFETCH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOFETCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF GOFETCH+ SERVICES OR GOFETCH APPLICATIONS, THE PRIMARY CLINIC OR OTHER SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH+ SERVICES OR GOFETCH APPLICATIONS, INCLUDING ANY BACKGROUND OR QUALIFICATIONS OF THE PRIMARY CLINIC, GOFETCH "CONNECT TO A VET" AND OTHER SERVICE PROVIDERS. YOU EXPRESSLY AGREE THAT YOUR USE OF GOFETCH+ SERVICES, GOFETCH APPLICATIONS, THE PRIMARY CLINIC AND OTHER SERVICE PROVIDERS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOFETCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOFETCH DOES NOT WARRANT THAT THE GOFETCH+ SERVICES, GOFETCH APPLICATIONS, THE PRIMARY CLINIC'S SERVICES, SERVICES PROVIDED BY OTHER SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH+ SERVICES, GOFETCH APPLICATIONS, GOFETCH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOFETCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

29. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOFETCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF GOFETCH+ SERVICES, GOFETCH APPLICATIONS, PRINCIPAL VETERINARY CLINIC SERVICES, THE PRIMARY CLINIC, SERVICES PROVIDED BY ANY OTHER SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GOFETCH+ SERVICES AND GOFETCH APPLICATIONS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF GOFETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GOFETCH ARISING FROM OR RELATED TO THIS AGREEMENT, GOFETCH+ SERVICES OR GOFETCH APPLICATIONS, OR THE USE THEREOF EXCEED THE AMOUNT PAID BY YOU FOR THAT PORTION OF THE GOFETCH+ SERVICES OR GOFETCH APPLICATIONS THAT GAVE RISE TO THE CLAIM. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $100 OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT PET CARE PLAN WITH GOFETCH OR FOR GOFETCH+ SERVICES IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

30. Exceptions.
If your non-identifiable data are used for research purposes, then sections  27 (Indemnification) and 29 (Limitation of Liability) are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.

31. Binding Arbitration of All Disputes.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Agreement, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the GoFetch Applications or other service we provide, (ii) any purchases or other transactions or relationships with GoFetch, or (iii) any data or information you may provide to GoFetch or that GoFetch may gather in connection with such use, interaction or transaction (collectively, “GoFetch Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the GoFetch Applications or any service we provide, you agree to binding arbitration as provided below.We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the GoFetch Applications or other service we provide, you agree that any complaint, dispute, or disagreement you may have against GoFetch, and any claim that GoFetch may have against you, arising out of, relating to, or connected in any way with this Agreement, our Privacy Policy , or any GoFetch Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations (“Minimum Standards”) in effect which would be applicable to the matter in dispute, GoFetch agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 31, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 31 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

  1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GoFetch (the “Arbitrator”);
  2. the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Agreement and/or these arbitration provisions in this Section 31, including but not limited to any claim that all or any part of this Agreement is void or voidable;
  3. the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GoFetch; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
  4. the Arbitrator (i) shall apply internal laws of the State of Washington consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
  5. the Arbitration can resolve only your and/or GoFetch’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
  6. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  7. in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GoFetch will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
  8. in the event you recover an Award greater than GoFetch’s last written settlement offer, the Arbitrator shall also have the right to include in the Award GoFetch’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but GoFetch shall in all events bear its own attorneys’ fees;
  9. with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GoFetch shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
  10. GoFetch may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after GoFetch has given notice of such modifications; and
  11. notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GoFetch in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

32. Class Actions.
You and GoFetch both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration both you and GoFetch each waive any right to a jury trial.

33. Governing Law.
You agree that this Agreement and any dispute arising from this Agreement or your use of the GoFetch Applications shall be governed by, and construed and enforced in accordance with the laws of the state of Washington, without regard to the conflict of laws principles thereof. For any cause of action initiated against GoFetch relating to this Agreement, you and GoFetch agree to submit to the exclusive and personal jurisdiction of the courts located in Seattle, Washington.

34. Assignment.
You will not assign this Agreement under any circumstances without the prior written consent of GoFetch.

35. Territorial Restrictions.
GoFetch reserves the right to limit the availability of GoFetch+ Services or GoFetch Applications, or any information, materials, content or feature thereof, to any state(s), at any time and in GoFetch’s sole discretion.

36. Amendment.
GoFetch reserves the right to make changes to GoFetch+ Services, GoFetch Applications, Privacy Policy and this Agreement at any time, which will be effective on the date of publication of a revised version thereof on our website or in our products, unless otherwise stated. If an update affects your use of the GoFetch+ Services or your legal rights as a user of our GoFetch+ Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the GoFetch+ Services after the updates come into effect, you agree to be bound by the revised terms and conditions.

37. Modifications to the Service and Prices.
Prices for our plans are subject to change as noted in section 5.d above. We reserve the right at any time to modify or discontinue the GoFetch+ Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the GoFetch+ Service.

38. Consent to Contact.
You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including short message service (“SMS”) messages (including text messages), multimedia messaging service (“MMS”), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing systems or automatic texting systems. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voice mail, or send one by text.You consent to receive SMS messages, calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means), with information or questions relating to you, your account, or the Services.

39. Severability.
If any term of this Agreement is held to be invalid or unenforceable under applicable law, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of GoFetch, and all other remaining terms of the Agreement will remain valid and enforceable.

40. No waiver.
GoFetch’s failure to exercise or enforce its rights under this Agreement does not waive GoFetch’s right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by GoFetch.

41. Entire Agreement.
This Agreement constitutes the entire agreement between you and GoFetch with respect to the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement.

42. Contact information.
Should you have any questions, please contact GoFetch at [email protected]