Terms of Service

Last Updated: January 21st, 2016


PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE VETARY WEBSITE OR USING THE VETARY SERVICE, YOU AGREE TO BE BOUND BY THE (1) VETARY TERMS OF SERVICE, (2) VETARY E-SIGN AGREEMENT, AND (3) VETARY PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE VETARY WEBSITE OR USE THE VETARY SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.


The following terms and conditions constitute an agreement between you and Vetary, Inc. ("Vetary," "we," or "us"), the operator of Vetary.com (the "Site") and related websites, applications, services and mobile applications provided by Vetary and on/in which these Terms of Use is posted or referenced (collectively, the "Services"). These terms of use (the "Terms of Use") govern your use of the Services, both as a non-registered user and as a registered user.


1. About the Site

Portions of the Services are viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.


You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a veterinarian or other healthcare specialist, professional or provider (collectively, "Healthcare Provider"). "Content" means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.


WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES.


2. We Do Not Provide Medical Advice

The Content that you obtain or receive from Vetary, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and payment purposes only. All medically related information, including but not limited to information shared via Vetary Guides, the Vetary blog, official Vetary social channels, Vetary emails and text messages, and Vetary advertising, comes from independent pet care professionals and organizations and is for information purposes only.


The responses and information provided (“Services”) are not intended to constitute medical advice, diagnosis or treatment and should not be relied upon as a substitute to the clinical advice or care management by a treating veterinarian. The Services are to be used for educational and informational purposes only.


THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM VETARY, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND YOUR LOCAL EMERGENCY HOSPITAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF VETERINARIAN, VETERINARY DENTISTRY, PET CARE, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.


We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.


3. No Doctor Patient Relationship

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM VETARY INCLUDING, BUT NOT LIMITED TO, THE "SEARCH" FEATURE, VETARY GUIDES", VETARY BLOG, OFFICIAL VETARY SOCIAL CHANNELS, VETARY EMAILS OR TEXT MESSAGES LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.


We have no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.


You are strongly advised to perform your own investigation prior to selecting a Healthcare Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Provider by confirming with the Healthcare Provider's office, your current Healthcare Providers, the medical association(s) relevant to the Healthcare Provider's specialty and your state veterinary board(s).


4. Authorization and Acknowledgement; Important Information About Healthcare Provider Relationships and Lists

In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that:


YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER.


Vetary uses reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them. Vetary may exclude Healthcare Providers who, in Vetary's discretion, have engaged in inappropriate or unprofessional conduct.


5. What are you agreeing to?

5.1. The Parties to this Agreement.

These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Vetary, Inc. ("Vetary," "we," "us," "our"), formerly known as Expedite, Inc. or Expedite Software, regarding your use of this web site ("Website"), your use of the "Buy with Vetary" service as described below in Section 2.1 below, and your access to your Vetary account information and service through the Website (together, the "Vetary Services" or "Services").


5.2. Changes to this Agreement.

Vetary may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the "Confirm Charge" button below the updated agreement). If this Agreement is changed, Vetary will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective. If Vetary makes any changes to this Agreement that it deems to be material, Vetary will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.


5.3. Your Eligibility.

To be eligible to use the Services, you must be at least 18 years old and a resident of the United States. You represent and warrant that you are eligible to use the Services.


6. How Vetary will serve you?

6.1. The "Treat with Vetary" Service.

"Treat with Vetary" is a closed-end installment loan product through Vetary's technology platform. "Treat with Vetary" allows you to afford treatment or services offered by doctors offices and health merchants with whom Vetary partners ("Merchants"). If you agree to use "Treat with Vetary," Vetary will pay the Merchant on your behalf in exchange for your promise to repay the same amount plus a finance charge as determined by your creditworthiness.


6.1.1. Your Promise to Pay: Before completing any transaction on your behalf through any Vetary Services, Vetary will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmitive consent to those terms for that transaction, including your promise to pay the Total Payments amount to Vetary or its assigns, by asking you to click the "Confirm Charge" button.


6.1.2. Interest Rates: "Treat with Vetary" rates range from 6.95% to 36% fixed Annual Percentage Rate ("APR"), depending on your creditworthiness. We will apply the above Annual Percentage Rate to each monthly payment on an equal, precomputed basis, unless you pay off your loan early, in which case the Prepayment Refund terms below will apply.


6.1.3. Finance Charge: The Treat with Vetary Service is subject to a finance charge based on the applicable interest rate determined by your creditworthiness. Vetary will always disclose the specific finance charge before you agree to any loan.


6.1.4. First Payment: Your first payment will be due no sooner than 15 days after Vetary pays a merchant on your behalf pursuant to the "Treat with Vetary" service.


6.1.5. Late Payment Fee: If any scheduled payment is not paid in full within 10 days after its due date, you will be charged a late fee of $15.00.


6.1.6. Prepayment: You can pay off your loan early, with no prepayment penalty. You can email support@vetary.com or call Vetary to get the computed amount due.


6.1.7. No Prepayment Penalty: In lieu of a refund, you may satisfy your repayment obligation under the "Treat with Vetary" service on any date prior to the date of the final payment by paying Vetary an amount equal to the unpaid balance, less the required rebate as of the date of such a payment.


6.1.8. Changes to "Treat with Vetary" terms: Vetary may unilaterally decide to change these Treat with Vetary Terms from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the "Confirm Charge" button next to the updated agreement). If these Treat with Vetary Terms are changed, Vetary will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective.


7.2. Cancelling Transactions.

Vetary may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to, your creditworthiness, your history of transactions on our site, the merchant's account history or any other reason. Vetary may cancel transactions at any time before a Merchant delivers any goods or services if you violate any term of this Agreement.


7.3. Collecting Information About You.

By using the Website or Vetary Services, you authorize Vetary, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Vetary reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.


7.4. Credit Investigation and Reporting.

By using the Vetary Service, you give Vetary permission to investigate your credit record and obtain your credit report in connection with the review of your application for credit. A credit report may also be requested in connection with a credit extension, credit limit request, account renewal, account collection action or dispute investigation. You understand that Vetary may report negative information (such as late payments, missed payments, or other defaults) about your account to credit reporting agencies.


7.5. Collection.

You agree to allow Vetary to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Vetary E-Sign Consent, you agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay an amount owed to Vetary pursuant to this Agreement, Vetary may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.


7.6. Communication & Notification.

You agree that Vetary may provide you communications about your account and the Vetary Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Vetary reserves the right to close your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Vetary Service relies (e.g., Facebook, Twitter, etc.) or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.


If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or e-mail via:

  • a mobile phone or landline you you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),

  • any email address you provide to us or one of our merchants,

  • automated dialer systems and automatic telephone dialing systems,

  • pre-recorded or artificial voice messages and other forms of communications.


You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.


You understand and agree that Vetary may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Vetary or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Vetary may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Vetary, and Vetary does not guarantee that recordings of any particular telephone calls will be retained or retrievable.


Notwithstanding this provision, Vetary's delivery of any Disclosures governed by the Vetary E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.


7.7. Working with Third Parties.

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Vetary account, you acknowledge that Vetary may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Vetary responsible for, and will indemnify Vetary from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.


8. Your Use of Vetary.

8.1. Agreement to Provide Accurate Information.

When you provide information to Vetary, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.


8.2. Delays in Processing.

In some cases when you attempt to use the Vetary Services to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Vetary or the merchant and can be cancelled at any time until it is confirmed by Vetary.


8.3. User Responsible for Fees.

If you use the Vetary Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.


8.4. Repayment Methods.

You may use one of the acceptable methods of payment to make one-time transactions to pay your account as payments become due or you may set up automatic monthly account payment.

Currently acceptable methods of payment are:

  • Debit Card - Payments made by debit card will be subject to the terms and conditions established by the debit card issuer. If charges cannot be processed through your debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, you will be responsible for any fees incurred and Vetary will have no liability with respect thereto.

  • ACH Transfer - You may pay your account balance by authorizing an Automated Clearing House (ACH) transaction from your bank account.

  • Check - You may pay your account balance by writing a check payable to the order of: Vetary, Inc.

  • Please send all checks to:
 Vetary, Inc.
 1419 Chapin Ave. Suite 201 Burlingame, CA 94010


8.5. Access to Your Account.

You are responsible for maintaining the secrecy of the login credentials to your Vetary account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Vetary account and to any 3rd Party account you have used to login to your Vetary account. You are also responsible for maintaining the accuracy of the information in your Vetary account.


8.6. Website Content.

The information on the Vetary's website is for information purposes only. It is believed to be reliable, but Vetary does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice.




Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:


  • servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;

  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

  • overload of system capacities;

  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;

  • interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;

  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or

  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Vetary.


8.7. Links to Other Websites.

Links to non- Vetary websites are provided solely as pointers to information on topics that may be useful to users of the Services, and Vetary has no control over the content on such non-Vetary websites. Vetary makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Vetary warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Vetary, you must do so at your own risk. Vetary does not guarantee the authenticity of documents on the Internet. Links to non-Vetary websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.


8.8. Closing Your Account.

You may close your account at any time by contacting us at support@vetary.com. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, Vetary will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. Vetary will retain your information in accordance with our Privacy Policy.


8.9. Dormant Accounts.

Vetary may close your account if you do not log in to the Website or use the Vetary Services for two or more years. Vetary will retain your information in accordance with our Privacy Policy.


9. How you may NOT use Vetary.

By using Vetary's Website or Services, you agree that:

9.1.

You will not engage in any activities related to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with Vetary;

9.2.

You will not provide false, inaccurate or misleading information;

9.3.

You will not provide information belonging to any person other than yourself;

9.4.

You will not use an account that belongs to another person for yourself or on behalf of another person;

9.5.

You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;

9.6.

You will not breach this Agreement or any other agreement or policy that you have agreed to with Vetary;

9.7.

You will not use the Services to accomplish a cash advance;

9.8.

You will not commit unauthorized use of Vetary's Website and systems including but not limited to unauthorized entry into Vetary's systems, misuse of passwords, or misuse of any information posted to a site; and

9.9.

You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.


10. How Vetary will resolve disputes.

10.1. Disputes with Vetary.

If a dispute arises between you and Vetary, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Vetary at support@vetary.com to try resolving your problem directly with us. 




10.2. Mandatory Arbitration.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING THE VETARY SERVICE OR THE WEBSITE. Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Vetary Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Vetary shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.


Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the "AAA") pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the "Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Vetary will equally split the arbitration fees and expenses.


The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Vetary each 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, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.



We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Vetary and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our "Affiliates").


Except as explicitly provided in elsewhere in this Agreement, all claims you bring against Vetary must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Vetary may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Vetary first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim


10.3. Restrictions.

You and Vetary agree that any arbitration shall be limited to the dispute between Vetary and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


10.4. Exceptions to Informal Negotiations and Arbitration.

You and Vetary agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Vetary's intellectual property rights; and (2) any claim for injunctive relief.


11. MISCELLANEOUS PROVISIONS.

11.1. Operations.

Vetary operates and controls the Services from its offices in the United States. Vetary makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Vetary to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Use are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Vetary or any other web site or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Vetary) in full. The privileges granted to you under these Terms of Use will terminate immediately and automatically without notice from Vetary if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. You may not assign these Terms of Use without Vetary's prior written consent, but Vetary may assign these Terms of Use and its rights and obligations hereunder to any party at any time without any notice to you. These Terms of Use contain the entire understanding between you and Vetary, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by Vetary. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Vetary's request, you will furnish Vetary any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Vetary by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


11.2. Enforceability and Governing Law.

The failure of Vetary to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and Vetary with respect to the Services. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of Delaware govern your access to, and use of, the Services and the terms of this agreement.


11.3. Intellectual Property.

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Vetary or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.


11.4. Trademark.

"Vetary" is the marketing name for certain financial services activities of Vetary as operator of the Services. "Vetary" is a trademark of Vetary. Other featured words or symbols may be the trademarks of their respective owners.


11.5. Indemnification.

You agree to indemnify, defend and hold Vetary and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these


Terms of Use.

11.6. WARRANTY.

VETARY AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. VETARY AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. VETARY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.


11.7. LIMITATION OF LIABILITY.

VETARY AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Vetary AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE THE LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER Vetary NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.


11.8. Statute of Limitations.

You and Vetary both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Use or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.


11.9. No Third-Party Beneficiaries.

This Agreement is between you and Vetary. No user has any rights to force Vetary to enforce any rights it may have against any you or any other user.


11.10. Government Use.

If You are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.



12. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement (including without limitation the Terms of Use, the Acceptable Use Policy, and the Additional Terms), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.


Vetary E-Sign Consent Agreement

Please read this information carefully and print a copy and/or retain this information electronically for your future reference.


1. Definitions

The words "we," "us," and "our" mean Vetary, Inc. The words "you" and "your" mean the applicant who submits an online loan application ("Application"). "Communication" means any information that we are required by law to provide to you in writing in connection with your Application or any information we may otherwise provide to you relating to any loan that you obtain from us.


2. Method of Electronic Communication

This E-Consent applies to all interactions online concerning you and the Vetary platform and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. All Communications that we provide to you electronically will be provided either (i) directly to any email address provided on your Application (or any email address you provide to us later); (ii) on our website; or (iii) directly by text or SMS to any mobile number provided on your Application (or any mobile number you provide to us later). If Communications are provided on our website, we will notify you of the website address to access the Communications by sending you either an email or regular mail to the mailing address provided on your Application.


3. Paper Copies

You may request a paper copy of any Communication by calling us at (855) 738-9111 or emailing us at support@vetary.com


4. Hardware and Software Requirements

Before you consent, you should consider whether you have the following required hardware and software capabilities to access, view and retain Communications:

  • A valid working email account.

  • Access to a computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying and either printing or storing Communications electronically. Your Internet browser must meet the following minimum requirements: The current and previous major releases of Chrome, Firefox, Internet Explorer, and Safari on a rolling basis. Also, the specific Internet Browser must support at least 256-bit encryption.

  • A PDF file reader like the free Adobe® Acrobat Reader (http://get.adobe.com/reader/) or Foxit®

  • Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.

We will notify you of any changes to these requirements that create a risk that you may not be able to receive Communications electronically.


5. Withdrawing Consent

You are free to withdraw this E-Consent at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, this will prevent you from obtaining credit from us. If at any time you wish to withdraw this E-Consent, you can send us your written request by mail to Vetary, 1419 Chapin Ave. Suite 201 Burlingame CA, 94010 with the details of such request. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.


6. Updating Your Contact Information

You must promptly inform us of any change in your email address or mobile number by calling us at (855) 738-9111, or emailing us at support@vetary.com


7. Acknowledging Your Ability to Access and Consenting to Electronic Communications

By checking the "I have read and agree to Vetary's Consent to Electronic Communication", you acknowledge that you can access Communications that are provided to you by the methods described above and agree to receive Communications electronically.


8. Your ability to access disclosures

BY CLICKING "I CONSENT" OR OTHER LINKS, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE. Once you give your consent, you can log into the website to access these documents.