Terms of Use

The use of the National AVC LLC, d/b/a Thrive Affordable Vet Care and its affiliates (“Thrive”) web site with a home page at thrivevet.com (the “Website“) and the Thrive mobile applications (the “Apps,” and collectively with the Website, the “Electronic Services”) is subject to the terms and conditions stated herein (“Terms of Use”). By your use of the Electronic Services you agree to the Terms of Use. Your breach of these Terms of Use may jeopardize your continued use of the Electronic Services.

THE ELECTRONIC SERVICES SHOULD NOT BE USED IN ANY URGENT OR EMERGENCY SITUATIONS. IF YOU THINK YOUR PET MAY HAVE A MEDICAL EMERGENCY OR MAY NEED URGENT MEDICAL ATTENTION, CALL YOUR VETERINARIAN OR AN EMERGENCY VETERINARY PROVIDER IMMEDIATELY.

YOUR PRIVACY

To understand how we collect, use and safeguard the information you may provide to us via the Electronic Services, including personal information, please review Thrive’s Privacy Statement.

LICENSE AND RESTRICTIONS

You are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Electronic Services and view the content, information, data, products, and materials contained, described, referenced, or available on the Electronic Services (collectively, “Materials”) for your personal and non-commercial purposes. In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein. Neither title nor intellectual property rights are transferred to you, but remain with Thrive, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to Thrive.

You will not copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Electronic Services or any software or Materials obtained from or through the Electronic Services. You may not rent, lease, lend, redistribute, sublicense or transfer the Electronic Services. You acknowledge and agree that the terms contained in this Terms of Use are reasonable and necessary, and that your actual or threatened breach of this Terms of Use would give rise to irreparable harm to Thrive for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle Thrive to immediate injunctive and other equitable relief without any requirement to post bond.

You will not use the Electronic Services for any unlawful or abusive purposes, including but not limited to the violation of any Thrive or third-party intellectual property rights and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Electronic Services or any other software or hardware.

You may include a link to the Website on one or more other websites operated by you; provided such websites link to the home page (resources.thrivevet.com) only. Linking to other content within the Electronic Services is prohibited without Thrive’s prior express written consent. This limited license expressly prohibits the framing of Thrive content in any way or any other activity that may confuse, misdirect, or misrepresent users with respect to sponsorship or affiliation.

You certify that you are 18 years old or older and are able and competent to give Thrive rights as detailed in these Terms of Use, and to comply with these Terms of Use. The Electronic Services are not intended for individuals under the age of 18, and individuals under the age of 18 are not permitted to use the Electronic Services.

Thrive reserves the right to refuse service and/or prohibit or terminate access to the Electronic Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you.

FINALLY, DO NOT USE THE ELECTRONIC SERVICES WHILE OPERATING A MOTORIZED VEHICLE OR WALKING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND IS ILLEGAL IN MANY AREAS.

THE ELECTRONIC SERVICES DO NOT CONTAIN OR PROVIDE MEDICAL OR VETERINARY ADVICE

No veterinary-patient relationship is created by viewing, using, or interacting with the Electronic Services, any Materials, or any other interactions with or communications through or about the Electronic Services, including, but not limited to, Thrive’s booking platform (including telephone calls or other correspondence or communications with respect to any bookings), links to third party websites or information, or any assistance Thrive provides through the Electronic Services in helping book appointments or communicate with a veterinary practice or practitioner. Thrive shall not owe any duty of care in respect of any of the foregoing.

While Thrive uses licensed veterinarians to provide veterinary services in its clinics, Thrive does not itself provide professional veterinary or medical diagnosis, treatment or advice of any kind on the Electronic Services. The Electronic Services, Materials, and any content or information accessed from third party websites linked to or accessible from the Electronic Services should not be construed as the practice of medicine or veterinary medicine by Thrive or professional veterinary or medical advice, diagnosis or treatment of any kind. Thrive shall not be responsible for any advice or information obtained through or due to your use of the Electronic Services, any Materials, or any third-party content or information. Further, any Materials are intended for general informational purposes only and are not intended, as applicable, to be instructional, for medical diagnosis or treatment, or to cover all possible diagnoses, treatment options, uses, directions, precautions, drug interactions or adverse effect. You are responsible for verifying the accuracy, reliability and completeness of such Materials and third-party content and information with your veterinary provider, and you should not rely on any such Materials or third-party content or information as a substitute for medical or veterinary diagnosis or treatment. THRIVE SHALL IN NO WAY BE LIABLE TO YOU OR ANY INDIVIDUAL OR OTHER THIRD PARTY FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF YOUR USE OR RELIANCE ON ANY MATERIALS OR ANY CONTENT, PAGES, OR INFORMATION DISPLAYED ON, LINKED, OR OTHERWISE MADE AVAILABLE THROUGH OR FROM THE ELECTRONIC SERVICES.

Please consult your veterinarian or other qualified health provider if you have any questions about a pet’s medical condition or before providing any drug to a pet, changing a pet’s diet, or starting or stopping any course of treatment for a pet. You should not disregard medical advice or delay seeking medical advice as a result of any information that does not come directly from your veterinary professional, and it is your responsibility to review and confirm any such information with your medical or veterinary professional prior to relying on it.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THRIVE PROVIDES NO WARRANTY THAT ANY MATERIALS OR THIRD-PARTY CONTENT OR INFORMATION SATISFY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE ON PRESCRIPTION DRUG PRODUCTS, AND HEREBY DISCLAIMS ANY SUCH WARRANTY.

PROPRIETARY MATERIALS

The Materials have been compiled by Thrive from internal and external sources for the purpose of providing information about Thrive, its partners, and its and their products and services to customers and other permitted users. Thrive reserves the right to make changes to the information, data, and Materials provided on the Electronic Services at any time without notice.

Thrive, the Thrive logo, the Thrive Affordable Vet Care® mark, and other trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Electronic Services are the proprietary service marks or trademarks of Thrive, its partners, or third parties, and are protected in the United States and internationally. No use of any of these marks or identifiers may be made without the prior, written authorization of Thrive. All other trademarks and service marks not owned by Thrive that appear on the Electronic Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thrive.

All Materials, including but not limited to all works of authorship, design, text, images and data compilations; any improvements or modifications to such Materials; any derivative works based thereon; and the collection, arrangement and assembly of all such Materials, are owned, except as otherwise expressly stated herein, by Thrive or its licensors. The entire contents of the Electronic Services are protected by United States and worldwide copyright and intellectual property laws and treaty provisions.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Thrive, its partners, or any other person. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Electronic Services in any way without the prior express written permission of Thrive or the respective owner thereof.

DISCLAIMERS

THE ELECTRONIC SERVICES, THE SOFTWARE CONTAINED THEREIN, AND ALL MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (2) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE ELECTRONIC SERVICES; (3) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE ELECTRONIC SERVICES OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, THRIVE CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE ELECTRONIC SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND THRIVE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

THRIVE WILL USE REASONABLE COMMERCIAL EFFORTS TO KEEP THE ELECTRONIC SERVICES AVAILABLE FOR ACCESS, SUBJECT TO SCHEDULED DOWNTIME FOR MAINTENANCE PURPOSES, UNSCHEDULED MAINTENANCE AND SYSTEMS OUTAGES. THERE ARE NO ASSURANCES THAT THE ELECTRONIC SERVICES WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR AT ANY PARTICULAR TIME, OR THAT ACCESS WILL BE UNINTERRUPTED.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THRIVE, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF THRIVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE ELECTRONIC SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE ELECTRONIC SERVICES, nor will Thrive, ITS PARTNERS, or any of ITS OR THEIR Third Party Providers OR LICENSORS be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond THEIR reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to our records, programs, or Electronic Services.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold Thrive, its partners, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (i) your use of the Electronic Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Electronic Services; (ii) your violation of these Terms of Use; (iii) any Submission (as defined below) provided by you to Thrive; or (iv) your violation of any rights of any third party.

THIRD PARTY LINKS

The Electronic Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided, related to, or maintained by Thrive. Thrive has no responsibility for the content therein, regardless of whether the link is provided by Thrive or a third party, and shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms of Use and Privacy Policies or Statements associated with such third-party websites, applications, services, or materials before use.

The display of any link shall not and does not constitute or imply endorsement by Thrive or its partners of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Electronic Services may link, including information on such other website regarding Thrive or its partners.

SUBMISSIONS

While Thrive appreciates your comments and is happy to answer your questions about our services and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and Thrive.

Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Electronic Services, email, a “Contact Us” form, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Statement.

ENFORCEMENT OF TERMS OF USE

These Terms of Use are governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. Thrive makes no representation that Materials provided through the Electronic Services are applicable or appropriate for use in all locations. If you use the Electronic Services from other locations you are responsible for compliance with applicable local laws.

If you take legal action relating to these Terms of Use or your interactions with or relationship to Thrive, you agree to file such action only in the state and federal courts located in Travis County, Texas. If any part of these Terms of Use is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of Thrive to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and Thrive with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Thrive with respect to such subject matter.

AMENDMENTS AND MODIFICATIONS

Thrive reserves the right to modify or discontinue the some or all of the Electronic Services, or any Materials contained or accessible thereon, at any time without prior notice. Thrive shall in no way be held liable for any consequence which results from Thrive’s decision to modify or discontinue providing the Electronic Services or any content or functionality thereof.

In addition, Thrive reserves the right, at any time and without notice, to add to, change, update, or modify these Terms of Use simply by posting such addition, change, update, or modification on the Electronic Services. Any such change, update, or modification will be effective immediately upon posting on the Electronic Services. We suggest that you check these Terms of Use periodically for changes.

MISCELLANEOUS

You guarantee that (i) you are not located in a country that is subject to 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.

Thrive expressly reserves the right to monitor any and all use of the Electronic Services.

CONTACT INFORMATION

Questions regarding this Terms of Use should be directed to:

Thrive Affordable Vet Care
Attn: Terms of Use
800 W Cesar Chavez St
Austin, TX 78701

privacy@thrivevet.com