Terms of Use

     

The following Terms of Use ("Subscriber Agreement") governs your access to and use of the www.AfterHoursAssurance.com web site (the “Site”), which is owned and operated by On Call Solutions, LLC ("On Call Solutions") and the After Hours Assurance services made available to you ("Services").  Please review the entire Subscriber Agreement carefully. By checking the box that appears beneath the Subscriber Agreement when you enroll online for the Services, you electronically sign the Subscriber Agreement and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

1. Acceptance of Terms

A. Electronic Signature.

The Subscriber Agreement is an electronic contract that governs your use of and access to the Site and Services.  By checking the box on the enrollment screen, you acknowledge that you understand and agree to be legally bound by the Subscriber Agreement and the terms, conditions and notices contained or referenced herein. Checking the box creates an electronic signature that has the same legal force and effect as a handwritten signature.

B. Electronic Form.

     

When you check the box on the enrollment screen indicating your acceptance of the Subscriber Agreement, you also agree to receive information about your account electronically.  On Call Solutions reserves the right to send you information about your account by postal mail.

C. Non-electronic Copy.

      You have the right to receive the Subscriber Agreement in non-electronic form. You may request a non-electronic copy of the Subscriber Agreement either before or after you electronically sign it. To receive a non-electronic copy of the Subscriber Agreement, please send an e-mail to subscriberagreement@afterhoursassurance.com or a letter and self-addressed stamped envelope to:

After Hours Assurance
c/o Contracts Department
PO Box 933
McMurray, PA 15317

D. Access and Retention.

      Access and Retention. In order to access and retain the Subscriber Agreement, you must have access to the World Wide Web. Please print a copy of the Subscriber Agreement for your records. 

2. Obligations

      You are required to comply with all applicable laws in connection with your access to and use of the Site and Services, and such further limitations as may be set forth in any written or on-screen notice from On Call Solutions. As a condition of your access to and use of the Site and Services, you warrant that you will not use the Site or Services for any purpose that is unlawful or prohibited by the Subscriber Agreement. Use of the Site is for your personal and non-commercial use and does not grant any express or implied rights to use the Site for any other purpose.

3. Data Privacy

      You authorize On Call Solutions to collect, use and share your personal information in accordance with the On Call Solutions Privacy Policy.

4. Billing Terms

     

When you enroll in the Service, you authorize On Call Solutions to charge your credit card for the subscription fee stated on the enrollment and authorization form for the Services, as well as for any and all other fees you may incur in connection with your utilization of the Services.  You further authorize On Call Solutions to charge your credit card automatically on a recurring basis each year for the then-current annual subscription fee.  If you have provided your electronic mail address, On Call Solutions will advise you by electronic mail in advance of the annual renewal date of any change in the subscription fee.  You understand that, once charged, subscription fees for the Services are non-refundable.  You agree and represent that all information you provide for the purpose of enrolling in the Services is accurate, complete and current, and you agree to notify On Call Solutions of any changes to your credit card information, including changes in billing address and expiration dates.  If On Call Solutions does not receive payment from the issuer of your credit card, you agree to pay all amounts due upon demand directly to On Call Solutions, and On Call Solutions further reserves the right to either suspend or terminate your subscription in such circumstances.  In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by On Call Solutions in collecting such amounts.  You understand that you may terminate this authorization at any time by calling After Hours Assurance at (800) 204-4595.  Any such termination will become effective within three (3) business days after On Call Solutions receives your call, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Subscriber Agreement.

5.  No Professional Advice

      The Site is offered as a service to pet owners in order to provide them with access to a licensed veterinarian. Any veterinary related information supplied through the Site or by any employee of On Call Solutions, whether by telephone, e-mail, letter, facsimile, or other form of communication, is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should never disregard professional medical advice or delay in seeking such advice because of something you have read on the Site.

6. Copyrights

      All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content ("Content"), are owned by On Call Solutions or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without On Call Solutions€™ prior written consent.

7. Trade and Service Mark Rights

      All rights in the product names, company names, trade names, logos, product packaging, and designs of all On Call Solutions or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to On Call Solutions or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of On Call Solutions or any third party.

8. Subscription Information

      To enroll in any of the Services, you are required to complete an enrollment form. You must complete the registration process by providing us with current, complete and accurate information as prompted by the online enrollment form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify On Call Solutions immediately of any unauthorized use of your account or any other breach of security. On Call Solutions will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

9. Prohibited Uses

      Generally Without limiting the foregoing, you agree not to: A. use any incomplete, false or inaccurate biographical information or other information for purposes of subscribing to the Services, or for purposes of registering for any promotions offered through the Site; B. harvest or otherwise collect information about others, including e-mail addresses, without their consent; C. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; D. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from the Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer); E. allow any other person or entity to use your username or password; or F. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. You further agree not to violate or attempt to violate the security of the Site, including, without limitation: A. accessing data not intended for you or logging into a server or account that you are not authorized to access; B. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or C. attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. On Call Solutions will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In accordance with our Privacy Policy, On Call Solutions reserves the right to disclose any information necessary in order to investigate, prevent, or take action regarding illegal activities and to exercise our legal rights under the Subscriber Agreement.

10. Third-Party Content and Links to Third-Party Web Sites

      The Site may contain third-party owned content and links to other websites ("Linked Sites"). On Call Solutions does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of On Call Solutions, and On Call Solutions is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. On Call Solutions is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by On Call Solutions in favor of any third party.

11. Disclaimer of Warranties

      WHILE ON CALL SOLUTIONS TAKES REASONABLE STEPS TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, ON CALL SOLUTIONS DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE SITE. ON CALL SOLUTIONS MAY MAKE CHANGES TO THE MATERIAL ON THE SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE SITE MAY BE OUT OF DATE, AND ON CALL SOLUTIONS MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.

      THE SERVICES AND THE SITE ARE PROVIDED "AS IS." ON CALL SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. ON CALL SOLUTIONS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

      WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ON CALL SOLUTIONS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY ON CALL SOLUTIONS, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ON CALL SOLUTIONS OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

      ON CALL SOLUTIONS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND ON CALL SOLUTIONS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

      ON CALL SOLUTIONS MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON LINKED SITES. ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY ON CALL SOLUTIONS. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.

12. Limitation of Liability

      IN NO EVENT WILL ON CALL SOLUTIONS OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, SERVICES, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO OR ARISING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOU RELEASE ON CALL SOLUTIONS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

      These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if On Call Solutions has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, On Call Solutions€™ liability in such jurisdictions shall be limited to the extent permitted by law.

13. Indemnification

      YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ON CALL SOLUTIONS AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE AND SERVICES FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE SUBSCRIBER AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

14. Choice of Law and Forum

      The Subscriber Agreement is subject to the laws of the State of Pennsylvania. If there is any dispute between us concerning the Subscriber Agreement or your access to or use of the Site or Services, we both agree to submit the dispute to binding arbitration. The arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be Pittsburgh, Pennsylvania.

15. Termination

      On Call Solutions reserves the right, in its sole discretion, to terminate your access to and use of the Site and Services, with or without notice.

16. No Waiver

      The failure of On Call Solutions to enforce any provisions of the Subscriber Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Subscriber Agreement or to act with respect to similar breaches.

17. Miscellaneous

      You agree that no joint venture, partnership, employment, or agency relationship exists between you and On Call Solutions as a result of the Subscriber Agreement or your access to and use of the Site and Services. A printed version of the Subscriber Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Subscriber Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Subscriber Agreement constitutes the entire agreement between you and On Call Solutions and governs your use of the Site and Services. If any portion of the Subscriber Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

 
 

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