This website, located at www.kuddly.co, and any mobile application, platform connected to or associated with this website (including Information Sessions (as defined below)) (collectively, “Website“), is owned and operated by Kuddly, Inc., a Delaware corporation the “Company,” “we,” or “us”. The Website provides an online platform that facilitates communications between a user of the Website (“you” or “Customer”), and subject matter experts who serve as independent contractor consultants (“Consultants”) to Company and provide information sessions, consisting of either live chat or inbox mail (“Information Sessions”) with Customers.
In addition, to use the Website Content, you agree:
- If you register on the Website, to fully, accurately and truthfully complete the registration profile, including, but not limited to, your name, age, State and email address (which must be valid) (“Personal Information”)
- To fully, accurately and truthfully complete any other items requested or required when you use the Website.
The Company may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.
- You shall not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative; and you shall not engage in unauthorized use of a credit card.
- You shall not post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person.
- You shall not post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others.
- You shall not attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property.
- You shall not upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise.
- You shall not use any of our tools and services in any manner that could damage, disable or impair our services or networks.
- You shall not attempt to gain unauthorized access to any user or Customer accounts, or computer systems or networks, through hacking, password mining or any other means.
- You shall not use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose.
- You shall not harvest or otherwise collect information about others, including names, addresses, or e-mail addresses.
- You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so.
Nature of Content: Customers pay for transmission of knowledge via the Information Sessions. As such, the Website Content is educational and informational in nature and is provided only as general information and is not medical or psychological advice, opinion, diagnosis, treatment or guarantee. The Website is not intended to create and does not constitute any professional relationship between Company (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any veterinarian-client-patient relationship with any of the Company’s independent contractors, experts or agents. The Website is not intended to solicit clients or patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, they are limited to providing information and education, and are not providing any clinical service via the Website. The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but is merely intended to serve as one resource for general and educational purposes.
Company Is Not a Medical Provider and Does Not Provide Medical Advice: Any and all content stated or posted on the Website or available through any service is not intended to be, and must not be taken to be, the practice of veterinary medicine or psychology or the provision of veterinary medical or psychological care or any other professional healthcare. The information provided on this Website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. The information provided on this Website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If your pet has or suspect your pet may have a medical or psychological problem, you should consult a veterinarian at a local veterinary clinic. Never disregard or delay medical advice received from your licensed veterinarian based on information on the Website. Always consult your veterinarian before seeking any new treatment, or before you alter, suspend, or initiate any change in your pet’s medical treatment, medication or herbal supplement, routine, or procedure.
Please note that even though some of the personnel engaged by Company to provide services to you may have clinical degrees and/or licensure, they are not functioning in any clinical or licensed medical capacity, but are only providing informational and educational self-help resources to you.
Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Another way to state this is that results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
No Guarantee or Warranty: We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.
We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the Website Content. The Website is provided on an “as is” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy.
No Credentialing: To the extent the Website lists Consultants, we are merely a directory and do not certify or credential Consultants and shall not be liable for certifying or credentialing Consultants. We make no representations or warranties about any Consultant, nor do we have any responsibility over, or for supervising, any outside clinical practice such Consultant may operate. We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any Consultant. The inclusion of a list of Consultants on the Website does not imply recommendation, referral or endorsement of such Consultant nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Consultant contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.
We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Consultant. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions. We do not recommend or endorse any Consultant that may be mentioned on the Website. We do not make any treatment decisions. We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.
You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care. Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Consultants have the background they claim they have, we cannot warrant or guarantee their accuracy. We are not liable for any loss or damages caused by your reliance on any Website Content including Consultant profiles.
We are not liable for any damages (including, without limitation, direct, indirect, incidental, special, and consequential damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not we have been advised of the possibility of such damages) or damages resulting from lost data or business interruption resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this Website, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on our web site, (vii) any lost profits of Customers for spending any time on the Website or any articles or comments posted on the Website or, (viii) any other matter relating to the Website. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchase by you from us through the Website; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website Content or use therein.
By viewing the Website you agree to fully release, indemnify, and hold harmless, Company from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of or reliance on the information presented on the Website.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other audio/visual content owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other audio/visual content or any and all activities or actions related thereto.
By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, You acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If Customer is dissatisfied with an Information Session, or does not receive any response by a Consultant, Customer may contact Company via email@example.com. Company will refund any charge incurred within 30 days of such communication, and will typically process the refund within 1 business day (but note that third-party, credit card companies may take an additional 3-5 business days to make the funds available).
If Company believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Company will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Company will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide the Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We have a policy of terminating the accounts of Customers who (in our reasonable discretion) are repeat violators of infringement.
Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of the Company, the Consultants, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.
No Statement as to Accuracy: The Company has no editorial control or responsibility over the content included in the Website provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or Customers on this Website are those of such third party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
Information Provided by Consultants: All opinions and statements expressed by a Consultant on the Website or elsewhere, and during any Information Session facilitated through this Website, are solely the individual and independent opinions and statements of the Consultant and do not reflect the opinions of the Company, its affiliates or any other organizations or institutions to which such Consultant is affiliated or provides services. Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by Consultant.
Independent Contractor: Consultant is an independent contractor and not an employee, servant, agent, or joint venturer of Company. Consultant is responsible for paying all taxes associated with Consultant’s activities hereunder, and will indemnify and hold Company harmless from all interest, fines and penalties related to payment of any back taxes.
Fees, Rates, and Payout: Consultant sets its fee to the Customer (“Consultant Rate”). Company sets an Administration Management Fee to Consultant, which covers the administrative cost of Company’s services to Consultant (including the technological platform, limited technical support, arranging of Information Sessions with Customers, and other administrative services). Consultant is responsible for standard phone, data and messaging charges from Consultant’s wireless carrier. Company deducts the Administration Management Fee from the Consultant Rate, and remits the balance (“Consultant Payout”) to Consultant according to the Payout Policy, below. The Administration Management Fee is set forth further in Company Gamification Policy, which is incorporated here by reference.
Consultant Payout Policy: Company will pay to Consultant the Consultant Payout on the 5th and 20th of each month through ACH or Paypal, according to the preferences communicated by the Consultant to Company at the time of Consultant registration with Company.
Consultant Profile: Consultant will supply Company with a copy of all current background documents requested by Company, including current contact information and information required for a Website profile. Consultant represents that all information provided to Company is true, accurate, current, and complies with relevant law, and will immediately notify Company of any change in contact, certification, licensing, or insurance information. Consultant understands that Company reserves the right to alter the text, look, and feel of the Website profile for the purpose of modifying any incorrect or misleading information, and pursuant to standardized templates of the Website or otherwise to be consistent with Company’s branding and image. In the event of any breach of the provisions of this section, the Company and/or any of its affiliated entities, in addition to any other remedies available to them for such breach, including the recovery of damages, shall be entitled to injunctive relief to change any information in Consultant’s Website profile.
Privacy and Security; Confidentiality: Consultant will maintain the privacy and confidentiality of all information gleaned during any Information Session, and will not disclose the same to any third party. Consultant will not sell or rent any Customer’s information to any third party, and will not use the same for any marketing of Consultant’s own products or services. Consultant agrees to keep all information concerning Company’s users, Customers, its methods of operation and its other confidential information, absolutely confidential, except as provided by law.
Non-disparagement: Consultant will not disparage Company in any forum. Consultant understands that Company may in its sole discretion solicit feedback from its users and customers regarding Consultant’s services and/or products, and, may terminate its relationship with Consultant accordingly, in its sole discretion.
No selling: Consultant will not sell or promote any products or services during the Information Session.
Compliance with laws: Consultant will comply with all applicable national, international, federal, state, and local laws, laws, treaties, regulations, orders, and professional ethical guidelines and standards pertaining to Information Sessions and Consultant’s communications with Customers.
Record Retention. Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or destruction policies as such policies may be amended. At a minimum, Company will retain information as long as required by any applicable law or regulation. All business and administrative records hereunder shall be Company’s sole and exclusive property.
Information Session; Limits on Consultant Activity: Consultant will conduct each Information Sessions in compliance with all laws and regulations. Consultant will not provide any medical advice, nor will the Consultant provide any other advice or information which may only be lawfully rendered or provided by a licensed professional, who has established a veterinarian-client-patient or other professional relationship. Consultant will provide information only. Consultant will not provide any diagnosis, any treatment, or any prescription recommendations in any Information Session. Consultant will advise Customer that an Information Session is not a substitute for the advice of a veterinarian after physical examination and that it is for informational purposes only. Consultant will not represent to anyone that Consultant is providing any medical or psychological advice, is acting in any clinical role, or is providing any warranty or guarantee of result. Consultant will not warrant or endorse any medical, psychological or clinical service in connection with its Information Session.
No Company Liability: Consultant will not have any claim against the Company (nor against any of its officers, directors, shareholders, employees, sub-contractors or agents), whether for negligence or otherwise, with respect to any communication that Consultant makes with a Customer. Consultant is solely responsible and liable for all activities that occur in each Information Session. Communications with Customers are transmitted and received at the Consultant’s sole and entire risk.
Information Session Encounter: Consultant will conduct the Information Session in a quiet and private environment, act in a respectful and professional manner, and be available to communicate during the entire Information Session.
CAN-SPAM ACT Compliance: We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at email@example.com. You can click to unsubscribe or opt-out of email communications from Company at any time or reply by typing “unsubscribe” in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services.
Arbitration: This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the AAA. In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration. Any dispute must be initiated with an AAA arbitrator in Orange County, California, within one year of occurrence or to the maximum extent permitted by law. Any dispute that arises may only be resolved through an individual arbitration, and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law. As in the rest of this agreement, if one part of this arbitration agreement is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement shall be valid.
General: The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Company. Company’s waiver of any right shall not constitute a waiver of that or any other right in the future.
Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Special Terms Applicable to Consultants; Miscellaneous Terms.
2618 San Miguel Drive, Suite 240
Newport Beach, CA 92660
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