THRIVE PLUS™ Terms & Conditions
THRIVE PLUS™ Terms & Conditions
These Membership Terms (the “Agreement”) apply to the THRIVE PLUS membership program (the “Program”), a membership-based pet health and wellness discount program offered by National AVC LLC, d/b/a THRIVE Affordable Vet Care and its affiliates (collectively, “THRIVE,” “we,” “us,” “our”). By enrolling in the Program, you (the “Member,” “you”) agree to this Agreement. If two or more persons enroll as Members, the terms “Member” and “you” shall include each and all of those persons.
The Program is not insurance and is not intended as a substitute for insurance.
THIS AGREEMENT AUTOMATICALLY RENEWS ON A MONTH-TO-MONTH BASIS WITH A THREE (3) MONTH MINIMUM , UNLESS CANCELLED AS PROVIDED IN SECTION II BELOW. YOU AUTHORIZE THRIVE TO AUTOMATICALLY BILL YOUR CREDIT OR DEBIT CARD FOR APPLICABLE MEMBERSHIP FEES, INCLUDING FOR ANY AUTOMATIC RENEWALS, AS PROVIDED IN SECTION III BELOW.
YOU HAVE THE RIGHT TO CANCEL YOUR MEMBERSHIP WITHIN THIRTY (30) DAYS OF ENROLLMENT ONLY AS PROVIDED IN SECTION II.4 BELOW.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER PROVISION IN SECTION XI THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU ENROLL IN THE PROGRAM.
I. MEMBERSHIP BENEFITS AND TERMS
- Per-Pet Enrollment. Membership benefits, including the Discount, are provided on a “per-pet” basis for the individual pet identified at the time of enrollment in the Program (the “Pet”). Members may enroll one or more additional Pets in the Program by paying an additional Membership Fee (as defined below) for each such additional Pet to be enrolled.
Membership benefits are only available for the Pet(s) enrolled in the Program and are not transferable. Using or attempting to use Membership benefits, including the Discount, for a pet other than the Pet(s) enrolled in the Program is a breach of this Agreement.
- Membership Benefits.Members receive the following benefits during the Term, subject to certain limitations and restrictions, for each Pet at participating THRIVE locations (collectively, the “Discount”): (a) unlimited THRIVE “Nose-to-Tail” pet exam services for the Pet (the “Exam Services”); and (b) ten percent (10%) off the listed prices (exclusive of any other sales, discounts, or promotions, except where explicitly permitted) for veterinary services for the Pet (collectively with the Exam Services, the “Services”). THRIVE reserves the right to offer additional discounts or promotions, to Members and non-Members, from time to time.
In order to ensure the receipt of Member benefits, including the Discount, Members should be present and identify themselves as a Member at the time of check-in, purchase, or order.
The Discount only applies to purchases at or through locations owned and/or operated by THRIVE, and does not apply to any purchases of goods or services through Petco or any other unaffiliated third party (including, without limitation, any training, boarding, or grooming fees incurred at facilities owned and/or operated by Petco).
THRIVE reserves the right to take steps to limit the use of the Discount in the event THRIVE reasonably believes, in its sole discretion, that the applicable Member has violated or engaged in abuse of the Program or the Discount or has breached this Agreement. This may include, without limitation, limiting the use of the Discount to a single person, household, or credit card during a given period, terminating enrollment in the Program, or other lawful steps.
- Pricing. Pricing, including application of the Discount, is calculated at the time of purchase. Prices and availability information are subject to change without notice. Unless otherwise noted, prices do not include taxes or delivery costs, where applicable, which you agree to pay upon ordering and/or purchasing the Services.
Member understands and acknowledges that any advertised savings under the Program assume utilization of a variety of services included under the Program, and that actual savings may vary based on a variety of factors, including the frequency of use and the type and quantity of services purchased using the Discount.
II. TERM, RENEWAL, AND TERMINATION
- Term. Enrollment in the Program becomes effective on the date the Membership Fee is first collected, and lasts for an initial three (3) month period from the date of enrollment (the “Initial Term”). If multiple Pets are associated with a single Member account, the Initial Term and any Renewal Terms for a given Pet are calculated from the date the Membership Fee is paid for such Pet.
- Automatic Renewal. Upon expiration of the Initial Term, enrollment in the Program will automatically renew on a month-to-month basis (each a “Renewal Term”) unless Member notifies THRIVE at least fourteen (14) business days prior to a Renewal Term of Member’s intent to cancel their enrollment in the Program, either entirely or with respect to a specific Pet.
- Cancellation. Cancellation notices may be sent via mail and/or email to:
THRIVE Affordable Vet Care
Attn: THRIVE PLUS™ Membership
800 W Cesar Chavez Street #B-100
Austin, TX 78701
- Cancellation by Member. A Member may cancel enrollment in the Program within thirty (30) days of enrollment without penalty, and receive a refund of Membership Fees, if such Member has not utilized the Discount or any other Program benefits. If a Member cancels after utilizing the Discount or any other Program benefits, to the extent permitted by law, THRIVE reserves the right to offset the value of the Program benefits received against the refund, and, if the value of the Program benefits received exceeds the amount to be refunded, to the extent permitted by law, THRIVE reserves the right to bill you for such excess.
- Cancellation by THRIVE. THRIVE reserves the right to cancel or discontinue the Program upon notice, including in specific jurisdictions, and refund any Membership Fees for the then-current Initial or Renewal Term.
- Membership Fees.Enrollment in the Program is billed monthly on a per-Pet basis. The Member authorizes THRIVE to charge the credit card on file for all fees associated with enrollment in the Program and automatic renewals (“Membership Fees”), or, if THRIVE is unable to complete payment using such card, to any other credit card THRIVE may have on file associated with a Member’s account. If a Member’s credit card, payment, or billing information changes, they should promptly notify THRIVE prior to ordering and/or paying for goods, services, or Membership Fees to ensure that there is not a lapse in enrollment or loss of Membership benefits.
- Late Payments and Collection. By enrolling in the Program, you agree to pay in full for all services and other items you purchase and/or order from THRIVE. Late payment fees of the lesser of (a) 1.5% per month or (b) the maximum amount permitted by applicable law may be assessed for all amounts past due for more than thirty (30) days. Should THRIVE hire an attorney or collection agency to secure payment of any amount due, you will be responsible for paying all reasonable attorneys’ fees and costs associated with collection of such past due amounts.
IV. NO MEDICAL OR VETERINARY ADVICE
No veterinary-patient relationship is created by enrolling in, using, or interacting with THRIVE about the Program. 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 THROUGH THE PROGRAM OR ENROLLMENT THEREIN.
The provision of the Program 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 Program.
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.
THE PROGRAM, THE DISCOUNT, AND ALL THE GOODS AND SERVICES ASSOCIATED THEREWITH 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, OPERATION, OR USE OF THE PROGRAM; AND (3) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THRIVE PROVIDES NO WARRANTY THAT THE PROGRAM OR CONTENT OR INFORMATION PROVIDED ABOUT OR THROUGH THE PROGRAM, NOR ANY OF THE GOODS AND SERVICES, SATISFY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE ON PRESCRIPTION DRUG PRODUCTS, AND HEREBY DISCLAIMS ANY SUCH WARRANTY.
THRIVE SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO ANY GOODS OR SERVICES PROVIDED UNDER OR IN RELATION TO THE PROGRAM OR OTHERWISE, WHETHER BASED ON ANY INCOMPLETE OR INACCURATE INFORMATION FURNISHED BY YOU OR OTHERWISE, AND YOU ACKNOWLEDGE THAT THE GOODS AND SERVICES ARE NOT PROVIDED BY THRIVE.
VI. 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 PROVISION OF THE PROGRAM OR ANY GOODS AND 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, errors, defects, or any failure of performance whether or not caused by events beyond THEIR reasonable control.
FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THRIVE, ITS PARTNERS, AND ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS FOR A CLAIM ARISING UNDER THIS AGREEMENT OR THE PROGRAM SHALL BE LIMITED TO THE AMOUNTS PAID FOR ENROLLMENT IN THE PROGRAM IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENTS GIVING RISE TO SUCH CLAIM.
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 (1) your violation of this Agreement; (2) any incorrect, incomplete, or inadequate information provided by you to THRIVE, including without limitation payment information; (3) your negligence or willful misconduct, or (4) your violation of any rights of any third party.
VIII. EXCUSABLE DELAY
Neither THRIVE nor its partners shall be liable to you for failure or delay in the performance of any terms and conditions hereof, when such failure or delay is due to causes beyond the reasonable control of such party and without its fault or negligence, such causes including, but without being limited to, labor disputes, power failures, service interruptions, riots, civil unrest, terrorist or criminal actions, and/or government action.
IX. YOUR PRIVACY
To understand how THRIVE collects, uses and safeguards the information you may provide to THRIVE via the Program, including personal information, please review THRIVE’s Privacy Statement at https://resources.thrivevet.com/privacy/.
In addition, except as permitted or required by applicable law, THRIVE will not disclose your identity as a member of the Program, nor your purchases of Services under the Program, to third parties other than THRIVE’s officers, managers, employees, vendors, agents, or consultants without your consent. THRIVE may, however, use and/or disclose aggregated and/or demographic information about Program membership and purchase trends at its discretion.
This Agreement is 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 the Program is applicable or appropriate for use in all locations. If you use the Program from other locations you are responsible for compliance with applicable local laws.
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.
XI. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
If you take legal action relating to this Agreement or your interactions with or relationship to THRIVE that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Travis County, Texas and waive any objection you may have to the venue or forum.
You acknowledge and agree that the terms contained in this Agreement are reasonable and necessary, and that your actual or threatened breach of this Agreement 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.
Any controversy or claim between you and THRIVE arising out of or relating to this Agreement, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Agreement, will be governed by and construed in accordance with the laws of the State of Texas, excluding its choice of law rules and will be settled by binding arbitration in Travis County, Texas under the Consumer Arbitration Rules of the American Arbitration Association (“AAA“) and administered by the AAA. You and THRIVE explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to this Agreement. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than One Million Dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be (i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, (ii) an individual with at least five (5) years of experience as an arbitrator, and 9iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, THRIVE and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by THRIVE and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. Notwithstanding this arbitration provision, THRIVE may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you.
NEITHER YOU NOR THRIVE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. ANY DISPUTE RESOLUTION PROCEEDING 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 AN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.
XII. AMENDMENTS AND MODIFICATIONS
THRIVE reserves the right, to add to, change, update, or modify this Agreement at any time upon notice to you.
You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder, in whole or in part, without the written consent of THRIVE, and any such assignment in violation of this Agreement shall be null and void.
If two or more persons sign this Agreement as Members, they will be jointly and severally liable under this Agreement, including without limitation for all amounts payable hereunder.
You certify that you are eighteen (18) years old or older and are able and competent to give THRIVE rights as detailed in this Agreement, and to comply with the Agreement. The Program is not intended for individuals under the age of eighteen (18), and individuals under the age of eighteen (18) are not permitted to enroll in the Program.
This Agreement sets forth the entire understanding between you and THRIVE with respect to the subject matter hereof and supersedes any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and THRIVE with respect to such subject matter. If any part of this Agreement 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.
XV. CONTACT INFORMATION
Questions regarding the Agreement or the Program should be directed to:
THRIVE Affordable Vet Care
Attn: THRIVE PLUS™ Membership
800 W Cesar Chavez Street #B-100
Austin, TX 78701