Terms of Registration and Purchase for LocalVetFinder.com

Last Revised April 23, 2018

The following terms (the "Terms of Purchase"), as well as the Terms and Conditions and the Privacy Terms for the Localvetfinder.com (the “Site”) / Local Vet Finder (“us”, “we”, “Company”) collectively, referred to here forth as the "Agreement", shall be effective upon execution and/or completion of creating an account and/or the purchase process by the business or the individual purchasing Local Vet Finder goods or services ("Customer" or "You"). Localvetfinder.com is the property of Local Vet Finder.

You hereby agree to abide by and be subject to the Terms of Purchase, Terms and Conditions and the Privacy Terms as they are posted on the Site and as they may be updated or amended thought out time, by The Local Vet Finder without notice. It is your responsibility to review and update yourself on any updates or amendments that occur. The revision date near the top of the page will indicate date when the last update or amendment occurred.

The products, plans and services (free and paid) offer by the Company are after referred to as “product” or “plan”.

TERM AND RENEWAL
Your Agreement with Local Vet Finder (together with its affiliates, partners, third-parties and outside parties) will last for the term specified below, unless otherwise specified in your ordering documents (the "Term"). All products purchased or free (Basic, Enhanced and Professional) are for a Term of 12 months from the start date (date of purchase). Even if we give you the option to divide payments for the Term over multiple payment periods, your purchase is a commitment to purchase one full Term of a plan for one year which will continually and automatically renewal each year on the anniversary date unless you cancel prior to the renewal date per the terms below or we terminate the account. Renewal charges will be bill to the payment source you have provided us during registration or the initial purchase. To change your payment source please contact us at info@localvetfinder.com. Yearly Plans are fully earned upon payment. We do not provide full or partial refunds or credits for partially used periods.

TERMINATION
Customers may not terminate or cancel any products before the expiration of the current Term. If for any reason, you want your listing removed prior to expiration, a cancelation request is required for the upcoming anniversary renewal date and provide the date you wish your listing to be removed. It may take up to 2 weeks for the removal request to be process and completed. If it is desired to no longer renew, a written request must be submitted at least 14 days prior to the anniversary renewal date.

All request should be emailed to info@localvetfinder.com. Each request should receive a confirmation with answer in reply. If a confirmation reply had not been received, the request will not be honored and the regular renewal process will continue. Please be sure you receive the confirmation, if not, please contact us again.

The Company can terminate and/or remove any listing or account permanently prior to anniversary date for cause or violation of the agreement upon five (5) days written notice delivered per the email address supplied within account. Termination will be effective on the fifth (5) day of the notice. Reasons for termination by the Company include, but not limited to, if the Company is suspicious, believes or deems any activity or content that violates or is breach of this Agreement, or is unlawful, disparaging, inappropriate, unethical, immoral or obscene or you provide products, plans or services that are competitive with the Company or its affiliates or partners. The decision if an activity or event is in violation is at the sole discretion of the Company. This would include no farther renewals for the account nor any new purchases of products.

No refunds or credits (full or partial) will be provided for any listing that is removed prior to the anniversary date per your request or if the listing is removed and/or terminated by the Company due to violations of the agreement.

If you cancel a plan, at the anniversary renewal date, you will not be billed and your account and listing will be downgraded to the Free Plan unless you specify you want the listing removed. You will no longer receive the benefits of a paid plan.

In the event of any termination or expiration of this Agreement, the Company shall retain the right to keep any and all information about the client, all reviews as well as basic directory information, including without limitation, business name, address, and telephone number, images, logos, and all other data that was provided on the site for public and Company use.

THE COMPANIES AFFILICIATIONS
The Companies Network of outside parties (“affiliates, partners, and third-parties”) are continually evolving, adding new and removing existing at the sole discretion of the Company. There is no guarantee that during any Term any third-parties that belong to the Company will remain the same. Outside parties may be added or removed at any time without notice to the Customer.

PRODUCT UPGRADES, IMPROVEMENTS AND CHANGES
The Company retains at it sole discretion the right to revise its products that is offered, the Sites design, functionality or structure, including the tools made available to you, at any time for any reason, without notice. This would include, but not limited to and without limitation, to improve performance of the site, improve users experience, updates to be current in code, to be more user friendly or for any reason the Company deems fit and/or to comply with any applicable law or regulation.

LlSTING AND ACCOUNT CREATION AND APPROVAL
All new accounts and/or updated, changed or amended accounts, free or paid, and its content (all “text, data, images, stats, and any other info provided in the customers account”) must be approved by the Company, at its sole discretion when initially created and anytime of the account information has changed. Prior to approval, the listing will not be available to public viewing. Approval of such accounts is based on the terms of this Agreement. If the account is denied, the account will be deleted based on our termination policies above.

At the Companies sole discretion, it can deny, refuse to display, remove any listing in its entirety at time, for any reasons specified in the Agreement. Such events will not include any form of full or partial refund or credit.

CUSTOMERS RESPONSIBILITY FOR ACCOUNTS, LISTING AND THE CONTENT
Customers (paid and free) are responsible for all aspects and content in the account and listing to meet all requirements of the Agreement, regardless if the client or the Company completes the setup, changes or updates the account and listing.

Accounts and listing Setups with needed content:
Setup can be achieved in two ways...

By the Company:
Per the request of the Customer, the Company will extract the needed content from the Customers business website and placed within the account and listing on the Site for the Customer as a means of assisting with setup, updates or changes. The Customer also has the option for digitally forward the content to the Company via email. After setup or changes are complete, the Customer is responsible to proof and approve that all content is correct. The time required to complete the setup, make updates or changes, shall not extend the Term. Any delay by the Customer in providing any and all content, materials or input needed for the launch of the listing, shall not extend the Term. This includes the time required for the Companies approval.

By the Customer:
The account and listing can be setup by the Customer utilizing their business website or content they have available to them through their account. During this time, the Customer is responsible to proof and approve that all content is correct. The time required and regardless of when the account and listing setup is complete and launched, shall not extend the Term. This includes the time required for the Companies approval.

Company Approvals:
Once the account and listing are approved by the Customer, The Company will finish the approval process within 72 hrs, not including weekends or holidays. Customers are required to notify the Company that the account and listing is approved in writing by emailing to info@localvetfinder.com

Content Accuracy and Current:
Customer is responsible for operation of any tools or services provided by the Company to the Customer, including keeping current its business and contact information and content, updating such information in a timely manner.

The Company is not responsible:
- For updating any content after the initial setup, if the Company completed the setup.
- For the content of any contracts, communications, or interactions (the "Interactions") between Customer and its clients using the Site.
- For and shall have no liability for such interactions or any content.

Further, the Company is not responsible for any losses Customer may incur as a result of relying on information provided to Customer by its clients or other third parties, whether or not such information was provided via the Site and even if the Company was advised of the possibility of such losses.

PAYMENT TERMS
By completing any purchase transaction with the Company, the Customer agrees to the terms of this Agreement and agrees to pay for the products provided by the Company with a valid credit card or Pay Pal Account. Payments may be made throught the Customers Account or by Phone. Customer may not change the form of payment without the Company’s consent. Payment shall be made in U.S. Dollars. To change the form of payment, contact the Company at info@localvetfinder.com

CHANGING ACCOUNTS AND/OR UPGRADING OR ADDING PRODUCTS & SERVICES
Customer may add or upgrade additional products at any time by contacting the Company or by accessing online Customer account. Only individuals who are authorized users of the Customer account may request changes (including, without limitation, name changes, transfers of the account to a different entity, or termination of the account) to Customer account or add additional products. Upgrades to existing products will be deemed as a new contract with a new Term and anniversary date with the pro-rated refund on the unused portion of the preexisting Term applied to the new contract as a credit. The term for any additional products are treated as a new product, charged separately with the anniversary renewal date being the date of the initial purchase of that product.

NONTRANSFERABLE PRODUCTS
The products purchased are valid only for the Customer and the region specified at the time of purchase and may not be transferred either to a different customer or by the same Customer to a different region.

REGION OF SERVICE AND CURRENCY EXCEPTED
The Company only offers products for purchase to residence and business with a location within the USA. All payments for purchase are to be paid is US currency.

REFUNDS
There are no refunds or credits for products provided by the Company. If its desire to have a listing removed, this can be accomplished by written request emailed to info@localvetfinder.com. If requesting a listing removal prior to expiring or renewal anniversary date, no full or partial refund or credit will be provided. All purchases are for a full non-refundable year.

TAXES
All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall pay all sales, use, VAT, excise, property or other taxes or levies which the Company is required to collect or remit to applicable tax authorities.

CHANGE OF PAYMENT METHOD AND CREDIT CARD PAYMENTS
If the Company is authorized by the Customer to charge Customer's credit card or Pay Pal Account and the Company is unable to process Customer's credit card (denied, expired, change of credit card number or other) for any purchase (new or yearly renewal charges or other) otherwise not paid on time, then the Company may revoke access to Customer's account. The Company will attempt to contact the Customer at a minimum of 2 times for a new payment method by email. In five (5) days if no response is received, access to the account will be revoked and the listing will be downgraded to a free listing. The client will have 1 month (30 days) to contact the Company if they so desire to re-active the revoked account and listing. After (30)Thirty days the content, other than what the free listing requires, will be deleted. To reinstate any revoked account and listing, all charges must be made current and all nonpayment policies apply.

NONPAYMENT
If the Customer does not make payments on time based on their payment schedule, or your payment method declines the automated yearly renewal charge for what ever reason, the Companies delinquency process is as follows: (i) Customers account is suspended, listing is downgraded to a free listing and access to the account is revoked; (ii) Customer has five (5) days to bring account balance current. A notification will be sent by email at a minimum of 2 times; (iii) The client has 1 month (30 days) to contact the Company if they so desire to re-active the revoked/terminated account and listing. Before reinstatement of the account and listing, all account balances must be current and a new one year purchase must be executed and fulfill the entire agreement; (iv) After (30)Thirty days the account and listing are permanently revoked and the content, other than what the free listing requires, will be deleted. To reinstate any revoked account and listing, after 30 days will require all charges made current, a new one year purchase must be executed and fulfill the entire agreement; and the account and listing will have to go thru the setup procedure. If the customer requests the Company to setup the account and listing (per policies of this Agreement) after it has been deleted, there will be a $99 fee due prior to any execution of this task to the Company. The customer also has the option to setup on their own account and listing at no additional charge.

If, for any reason, any fees owed by the Customer to the Company have not been received or in any manner realized by the Company ("Unpaid Fees"), Customer agrees to pay such Unpaid Fees immediately. In addition, the Company may charge interest at a minimum of 2.0% per month (24% per annually) or the maximum amount allowed by law, on any unpaid account balance that Customer maintains. Any partial payments made by Customers will first be applied to the oldest, outstanding fees owed to the Company, including interest.

ERRONEOUS BILLING
If Customer believes the Company has billed Customer incorrectly, Customer must contact the Company at info@localvetfinder.com in writing within ninety (90) days after such charge. No refunds will be given for any charges which are more than 90 days old.

DISPUTES AMONG MEMBERS; RELEASE
Customer is solely responsible for its interactions with other Local Vet Finder members and users, the Company is not party to any such disputes. The Compnay reserves the right, but has no obligation, to monitor disputes between Customer and other members and/or users. Customer agrees to release the Compnay, its officers, directors, agents, affiliates, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between Customer or its officers, directors, agents, affiliates, or employees, on the one hand, and any other Local Vet Finder members and/or users, on the other hand. If Customer is or could be deemed a California resident, Customer waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

NON REPRESENTATIVE AND NO AGENCY
Customer hereby agrees and acknowledges that its provision of services and/or use of the Site does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with the Company and furthermore that no affiliation, association or connection exists between Customer and the Company. In no event shall you have authority to bind, commit, contract for, or otherwise obligate the Company in any manner whatsoever.

ENTIRE AGREEMENT
This Agreement, including the Terms and Conditions and Privacy Policy, any documents incorporated, supplied or by reference, shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (not provided by Local Vet Finder) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void, unless otherwise agreed to by the Company in writing. This is a subscription agreement for use of products and not an agreement for sale. Customer acknowledges that they are obtaining only a limited right to such products and that, irrespective of any use of the words "purchase", "sale" or like terms hereunder, no ownership rights are being conveyed to Customer under this Agreement. Further, Customer acknowledges that the products and services are offered as an on-line, hosted solution, and that Customer has no right to obtain or retain a copy of any of the products unless otherwise stated herein.

AGREEMENT MODIFICATIONS
The parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.

CHANGES TO THE TERMS OF REGISTRATION AND PURCHASE
If we decide to change these terms, we will post those changes to this statement so that you are aware. This document will be proivded in the section of your account for documentation and within the agreement box during purchase. We reserve the right to modify these terms at any time for any reason we deem necessary, so please review it frequently. If we make changes to this policy, we will notify you at the locations stated above. It’s the responsibility of all users and account holders to review the policies at their own accord. Continued use, payment and viewing of the site and your account and its products or services after posting changes and revisions shall constitute acknowledgement and acceptance by all users and account holders of any and all modifications.

NO WAIVER OF RIGHTS
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

SEVERABILITY AND REFORMATION
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

GOVERNING LAW
This Agreement is governed by the laws of the State of Pennsylvania and York County of Pennsylvania ("Governing Law"), without regard to principles of conflict of laws of any state or jurisdiction.

ARBITRATION
Disputes between Customer and Local Vet Finder regarding the Site and the Companies products should be reported to info@localvetfinder.com. The Company will attempt to resolve any disputes you have with us. Because the Company is a neutral venue, the Company is not responsible for resolving any disputes between Customer and other Local Vet Finder members and/or users regarding products or transactions. Any claim or controversy arising out of or relating to your use of the Site, to the products or services provided through the Company, this Agreement, or to any acts or omissions for which you may contend the Compnay is liable, including but not limited to any claim or controversy as to arbitrability (in any case, a "Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in the State of Pennsylvania (the "Place of Jurisdiction"). The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding Pennsylvania selection of an arbitrator be in effect, the Customer shall select an arbitrator from a panel of arbitrators acceptable to the Company. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in the Place of Jurisdiction. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Customer and the Company agree to arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, regardless of the nature of the dispute or issues involved, and may not otherwise preside over any form of a representative or class proceeding.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN CUSTOMER AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. CUSTOMER HEREBY GIVES UP ANY RIGHT TO GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS. CUSTOMER ALSO GIVES UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. CUSTOMER'S RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. Customer is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court by using the Company's products and services or the Site, Customer consents to these restrictions.

In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between Customer and the Company, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in the Place of Jurisdiction and federal courts sitting in the Place of Jurisdiction. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

WARRANTY EXCLUSION THE PRODUCTS AND/OR SERVICES PROVIDED BY LOCAL VET FINDER ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, LOCAL VET FINDER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE PRODUCTS AND/OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS (THE "FORCE MAJEURE EVENTS"), INCLUDING, WITHOUT LIMITATION, WARS, TERRORIST ATTACKS, STRIKES, RIOTS, EARTHQUAKES, HURRICANES, TORNADOES, VOLCANOES, MAJOR WEATHER EVENTS, INTERNET CONGESTION, ATTACKS ON OR FAILURE OF INFRASTRUCTURE, TROJAN, VIRUS OR MALWARE, AND DENIAL OF SERVICE (DOS) ATTACKS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY FORCE MAJEURE EVENT.

LIMITED LIABILITY IN NO EVENT SHALL LOCAL VET FINDER, OUR EMPLOYEES, OR OUR AFFILIATES, PARTNERS, THIRD-PARTIES AND OUTSIDE PARTIES BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, FOR USE OF ANY COUPONS OR OTHER PROMOTIONAL DISCOUNTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. LOCAL VET FINDER'S LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO LOCAL VET FINDER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

REPRESENTATION AND WARRANTY
The person consenting to this Agreement represents and warrants that: (1) such person has authority to enter into it on behalf of Customer; (2) Customer's entering into this Agreement does not violate any other rights, obligations, regulations or laws; (3) Customer has obtained all necessary rights for any content that it provides to the Company and that the Company's use of such content will not be defamatory or harassing or violate any third party rights, including rights of publicity, privacy, and intellectual property rights, or violate any law or regulation; and (4) any user with access to Customer's account shall be deemed an authorized user of such account. The Company reserves the right to rely on the representations and warranties made by any user of Customer's account when providing the services to Customer.

INDEMNITY
Customer agrees to indemnify and hold Local Vet Finder and our affiliates, partners, third-parties, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of Customer's use of the Site, or its violations of its representations, warranties or obligations under the Agreement.

LANGUAGE
The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux présentes ont expressément convenu que ce accord et toute autre convention, document ou avis y afférent soient rédigés en anglais seulement.

For all questions or concerns to billing, please contact Local Vet Finder at info@localvetfinder.com or by contacting us at 717 524-1950.

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