Veterinarian Expert Agreement

Licensed Interactive Veterinarian Expert Agreement

Welcome to VetLive.com (the “Site”), a website that acts as an online platform for pet-related answer services (“Services”).  VetLive.com is owned and operated by VetLive.com, LLC (“VetLive”), a limited liability company under Pennsylvania law.

VetLive.com’s Services are provided for educational purposes only. VetLive is not a substitute for the regular veterinary care for cats, dogs or any other pets, that a licensed veterinarian provides through regular, routine, in-person office visits. VetLive.com is not an emergency consultation facility and does not provide advice or consultation regarding immediate emergency attention. If your pet has been in an accident, or is in immediate medical need, you need to contact your regular veterinarian or local emergency animal hospital immediately.

IMPORTANT LEGAL NOTICE: This Agreement (together with the documents linked within it) establishes the terms that we will permit you to register as an Expert on our site and provide answers to questions asked by Site Customers. By registering as an Expert, you agree to be bound by the terms of this Agreement and you agree to provide the warranties and indemnities contained in this Agreement. If you do not wish to be bound by the terms of this Agreement, do not register to become a veterinary Expert.

You will be granted access, use, and interaction with our Site in order to provide advice (“Answers”) to Site Users subject to our Terms of Service (TOS), the terms of this Agreement, Privacy Policy, our Frequently Asked Questions (FAQs), and the Electronic Orientation Booklet, which shall form part of this Agreement.  In the event that there are any discrepancies between the terms of any of the documents referred to in this Agreement, the terms of this Agreement will take priority.

Definitions of Service

Capitalized terms not defined in this Agreement will have the meanings set forth in the TOS and Privacy Policy. VetLive provides a platform where a licensed veterinary Expert provides Answers to questions posted by VetLive customers (“Customers”).

Rules for Expert Interactions and Conduct

By registering with VetLive.com, you agree to the following:

  • You will provide information and advice only about non-emergency matters.  For emergency matters, you will instruct the Customer to immediately call their local veterinarian or veterinary emergency hospital.
  • You will not engage in the practice of veterinary medicine including diagnosing, treating, or prescribing medicine.
  • You will not establish a veterinarian-client-patient relationship (VCPR) with any Customer through the use of the Site.
  • You will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or offer answers to inquiries that require an in-person physical examination of the Customer’s pet. In the case where an in-person physical examination of the Customer’s pet is required, you agree to the following:
    1. You will recommend that Customers seek the immediate advice of a veterinarian who can perform an in-person examination and diagnostics
    2. You will advise the Customer that your advice is not a substitute for the advice of their veterinarian and that the information you provided is for informational and educational purposes only
    3. You will not prescribe, dispense, or give doses for any medications.
    4. You will, at all times, provide correct and accurate representations of you skills, expertise, degrees attained, qualifications, background, and other information prompted by forms and displayed on your profile.  You will maintain these skills, qualifications, and other information, including maintaining your status as in good standing as a licensed veterinarian in your jurisdiction, as required by that jurisdiction where you practice veterinary medicine.  You shall not establish a veterinary-client-patient relationship (VCPR) with any Customer and their pet.
  • You will not provide any legal, medical or financial advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a VCPR.
  • You agree to hold us harmless and indemnify against all losses due to your negligence.
  • You agree to follow the recommendation that you should contact your malpractice and license defense insurance providers and have VetLive.com, LLC added as an additional insured as primary and non-contributing.
  • You will not violate the American Veterinary Medical Associations Principles of Veterinary Medical Ethics (available at http://www.avma.org/issues/policy/ethics.asp)
  • You agree and acknowledge that you will not use the Site to endorse a product or service to Customers.
  • You will not attempt to manipulate, alter, or disrupt the integrity of any Customer, Expert, or feedback ratings.  Your account will be terminated if you attempt to file false reports about another Expert or harass or threaten a Customer in any way.

Your Account

By registering with VetLive.com, you agree to the following:

  1. You agree to allow VetLive.com to reasonably request information and you will provide information that will verify your license status and you consent to disclosure of this information to a third party for the purposes of such verification.
  2. You agree never to share your username and password that you established while registering with any other individual or users on a network.  The responsibility of the security of the username and password relating to your registration rests with you.  If you suspect that anyone else has used or is using your username or password, you must notify us immediately. You will be solely responsible and liable for all use of our site with your username and password including but not limited to, any answers provided to Users under your username and password, whether or not the use was actually yours.
  3. We reserve the right at any time without notice and in our sole discretion to suspend or disable your Account and/or to revoke your registration if, in our sole opinion:
    1. We believe that you have failed to comply with any of the provisions of this Agreement
    2. We consider (following a review of your acceptance rate, feedback from Users and/or any other information we consider relevant) that the quality of Advice offered by you is inadequate and/or unsuitable for inclusion on our site
    3. Your average customer feedback rating falls below 85%
    4. We believe that your Account is being misused and/or is being used in accordance with fraudulent or competitive activities.
    5. In the event that we delete your account, you are not permitted to open another account, either in your name or any other name.
    6. Please reference our Privacy Policy, which defines our use of personal and confidential information, related to you, and gathered by us.
    7. Other than personal and confidential information covered under our Privacy Policy, any material you transmit or post to our site (including but not limited to Answers) shall be considered non-confidential and non-proprietary, and we shall have no obligations with respect to such material. You hereby grant to us a worldwide, royalty-free, irrevocable license to copy, disclose, distribute, modify, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes, including but not limited to the insertion of such material into our Question Database, and to grant sub-licenses to third parties authorized by us on equivalent terms.
    8. We endeavor to use appropriate security procedures in the storage of personal information so as to prevent unauthorized access by third parties. However, the Internet is not a completely secure medium and, as such, you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorized use, distribution, damage or destruction of personal data held by us.
    9. You are not permitted to post anything on the Site other than answers to questions or legitimate requests for information and, in particular, you are prohibited from posting or transmitting to or from our site any material:
      1. that is threatening, defamatory, offensive, obscene, pornographic, seditious, abusive, liable to incite racial hatred, discriminatory, menacing, inflammatory, blasphemous, stalking, in breach of confidence and/or privacy or which may cause annoyance or inconvenience;
      2. that you have not obtained the necessary consents and/or approvals;
      3. that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise infringe the rights of any third party;
      4. that is technically harmful (including, without limitation, computer viruses, worms, corrupted data or other malicious software or harmful data);
      5. that is in violation of local, state, national or international law;
      6. that is the same post repeatedly (referred to as ‘spamming’).  Spamming is strictly prohibited.

Compensation

You agree to be compensated in the following manner:

  1. You understand that earnings are linked to your feedback score and you understand and acknowledge and are bound to the Compensation Model.  By using the Site to answer questions, you acknowledge and understand the compensation equations and model for calculating Accumulated Monthly Earnings (AME) and have read and understand the AME information found in the Electronic Orientation Booklet (EOB) you have received.  If you did not receive the EOB in PDF format via email, please email customer care at customercare@vetlive.com.
  2. Checks will be processed and mailed on the 15th of the month or closest business day for the full amount of the previous month’s earnings.
  3. You will not receive a check in the mail until you have accumulated $20.00 USD or greater in the previous month.  Earnings will accumulate month to month until earnings are greater than or equal to $20.00, which, in that case, would be paid out at the next 15th of the month or the closest business day.
  4. By using the Site to answer questions and by acknowledging this Agreement, you understand and acknowledge the fact that you are responsible for paying taxes on your earnings from VetLive.com.  You understand and acknowledge that under USA law, you are not an employee.  For additional information please visit the IRS website at www.IRS.gov.

Warranties

By registering to become an Expert you represent and warrant that:

  1. all details and information provided by you to the Site are true, accurate, and up to date in all respects;
  2. you have completely and accurately represented and described your education, qualifications, clinical experience, skills and knowledge in registering as an Expert.  If these facts should change, you promise to keep such information up to date in all respects and at all times;
  3. you will provide any and all Advice with reasonable skill and care and in accordance with the veterinary industry standard practices;
  4. you will not provide any Advice in any field outside your field of knowledge or experience, or in relation to any question that you are not sufficiently qualified, competent and/or experienced to answer. If you reasonably believe that a question requires a physical examination of any pet which is the subject of a question by a suitably qualified veterinary professional you agree to advise the Customer asking the question accordingly:
  5. Each of the warranties set out in the paragraph above shall be construed as a separate warranty and shall not be limited by reference to, or inference from, the terms of any other warranty.

Non-Solicitation

You are prohibited from soliciting or negotiating payments with Customers either on or off the Site.  You agree not to discuss with Customers or other veterinarians, on or offline, how you are compensated.  You are not allowed to post any content other that the Answers to questions, or requests for information.

Indemnity

You agree to indemnify us, our employees and/or representatives and to keep VetLive, our employees and/or our representatives indemnified from and against any and all actions, claims, costs, losses, damages, demands, expenses (including attorney fees which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement)), proceedings and other liabilities arising out of your provision of Advice, your participation in the Service and/or your conduct as an Expert including, but not limited to, the reliance by any User/Customer on any Advice provided by you to such User. This indemnity shall survive the termination of this Agreement.

Changes to this Agreement and the Site

VetLive.com, LLC reserves the right at any time and without notice to revise, modify, change, alter or update the content of our Site and you agree to be bound by such modifications, alterations, or updates which are posted. By continuing to use the Site following the posting of such changes, alterations, modifications, or updates you are agreeing to the revisions made to the Site.

We reserve the right at any time without notice to alter the terms of this Agreement including, but not limited to, the Electronic Orientation Booklet, Frequently Asked Questions, Privacy Policy, and Terms of Service. You will be informed via email, if significant changes are made to the AME compensation model or feedback system.  All other changes will post to their previous location and you are responsible for monitoring those modifications, changes, and/or alterations/updates. By continuing to use our site following such notification you will signify your acceptance of the alterations made to this Agreement. Please review the terms of this Agreement on a regular basis to read the current version of this Agreement, which is binding on you.

Expert Termination of Account

You may terminate your Agreement with VetLive.com at any time by sending an email to customercare@vetlive.com.   Upon doing so, you will be asked information to verify your identity, if necessary.  This notice shall include your contact info (name, telephone number, address, email address on record), your account identifiers (username, password), and your reason for termination. VetLive.com, LLC will nullify and invalidate your username and password within thirty days of receiving such notice. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.

Intellectual Property

VetLive.com contains copyrighted material, trade secrets, and proprietary information owned by VetLive.com. This Agreement does not grant the Expert any rights to patents, trade secrets, copyrights, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of VetLive.com. You may not create derivative software based upon any trade secret, intellectual property, or proprietary information of VetLive.com. You agree not to use the question database to answer other questions on other websites. By answering questions or uploading any media like a photo (a) you grant to VetLive.com, LLC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, delete, remove, reproduce, modify, publish, post, transmit, and distribute the answer and or media and any material included in the answer or media.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with VetLive.com, or in any way relating to your use of the VetLive.com Site, resides in the courts of the State of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Pennsylvania in connection with any such dispute including any claim involving VetLive.com, LLC or its affiliates, subsidiaries, employees, other contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Pennsylvania (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Pennsylvania. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between VetLive.com, LLC and the Expert with respect to the subject matter hereof, and the Expert has not relied upon any promises or representations by VetLive.com, LLC with respect to the subject matter except as set forth herein.

Confidentiality

Experts are granted access to the Site beyond the access granted to other Users and, as such, have access to information not known by Customers of the Site (“Confidential Information”). Experts shall maintain all Confidential Information in confidence, shall use such Confidential Information in confidence, shall use such Confidential Information only in connection with their legitimate activities on the Site, shall not use Confidential Information for the purpose of developing, operating or participating in any competing service, and shall not disclose Confidential Information to non-Experts unless required by law.

THE SITE AND THE SERVICES PROVIDED BY VETLIVE.COM, LLC, AND ITS AFFILIATES ARE PROVIDED “AS IS” WITH NO WARRANTY. VETLIVE.COM, LLC, ITS AFFILIATES AND USERS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE AND SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VETLIVE.COM, LLC AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES PROVIDED BY VETLIVE.COM, LLC OR THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.