Terms and Conditions
Pawfolio User Terms of Service
 
Welcome to Pawfolio.  Before using Pawfolio, please carefully read our Terms of Service below (“Terms,” or “Agreement”).   The Terms below constitutes a binding contract between you and Pawfolio.
  1. Acceptance of Terms
By using the Pawfolio (including all the areas available through such website, collectively, the “Site”), downloading the Pawfolio mobile application (“App”), and/or using the various pet care scheduling and management services (collectively, such services, including any new features and applications,  together with the Site, the “Services”) offered by Pathway Vet Alliance LLC, dba as Pawfolio, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “Pawfolio,” “we,” “us,” and/or “our”), in any manner, including, but not limited to, visiting or browsing the Services or contributing content, information, or other materials or services to the Services, you, the user (collectively “Users,” or “you”), acknowledge and agree to these legally binding Terms. You also agree to our Privacy Policy and all other operating rules, policies, and procedures that may be published on the Services by Pawfolio, which are incorporated by reference.  Our Privacy Policy, which describes how we collect and use information from our Users, is available at https://www.pawfolio.com/PawfolioWeb/PrivacyPolicy.aspx.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services. You must have reached the age of majority or age 18 (whichever is greater) in Subscriber’s state of residence to use the Services.
Pawfolio may, at its sole discretion, change these Terms, including the Privacy Policy, from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the Site or by email to the email affiliated with your account. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Significant changes will go into effect no less than 30 days after we notify you. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. In addition, some services offered through the Services may be subject to additional terms and conditions adopted by Pawfolio. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
  1. Pawfolio Services
Creating Your Pawfolio Account – Registration and Eligibility
You may view Content (as further defined below) on the Services without registering for an account, but as a condition of using certain aspects of the Services, including scheduling appointments and communicating with pet care providers through the platform, you are required to create a Pawfolio account.
If you sign up for a user account, you must select a username and password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication that Pawfolio may request in its sole discretion. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to support@pawfolio.com immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. You may terminate your account at any time.
Pawfolio cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
Modifications to Service
Pawfolio reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Pawfolio shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. Pawfolio may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Availability of the Services
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
SMS Terms & Conditions
Pawfolio appointment reminders. Message & data rates may apply. For help email us at support@pawfolio.com.  Carriers are not liable for delayed or undelivered messages.
  1. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:
 
  1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  2. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  3. You shall not attempt to use any method to gain unauthorized access to any features of the Services;
  4. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;
  5. You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;
  6. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  7. You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Pawfolio or any third party; or that impersonates any person or entity, including any employee or representative of Pawfolio; or
  8. You shall not directly or indirectly take any action that imposes or may impose (as determined by Pawfolio in its sole discretion) an unreasonable or disproportionately large load on Pawfolio’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
If for any reason, Pawfolio determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services (or any portion thereof) by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
  1. Termination of Usage
You may cancel your account at any time through your account settings or by sending us an email at support@pawfolio.com. Unless Pawfolio is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, Pawfolio reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions).
Following termination of your account, however, your license to use Pawfolio’s Content automatically terminates, and Pawfolio has no obligation to provide you with use of the Services. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.
  1. Advertisements and Third-Party Sites
The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with Pawfolio. Your dealings with third parties are solely between you and such third parties. You agree that Pawfolio will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Pawfolio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
  1. Pawfolio Intellectual Property and User Content
Intellectual Property
Through the Site, email, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content. “User Submissions” means any Content submitted by Users.


Our Content
Our content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our content solely for legally permitted activities related to our Services as outlined in these Terms.
User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. Pawfolio shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on Pawfolio’s social media pages (collectively, “Feedback”) and it may share with any of its affiliates. Pawfolio will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, Pawfolio will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Pawfolio, without compensation to you or any other person sending the Feedback. You specifically waive any “moral rights” in and to the User Content.
To the extent that you decide to post any content (“User Content”), including your profile information, photos, or Feedback, on the Services or on Pawfolio’s social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Pawfolio all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Pawfolio, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.  Pawfolio may refuse to accept or transmit User Content. Additionally, Pawfolio shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
  1. Copyright and Trademark Notices
Copyright Policy
Pawfolio complies with the Digital Millennium Copyright Act (DMCA). Pawfolio will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Pawfolio’s Copyright Agent (“Copyright Agent”) by email at support@pawfolio.com or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
                              
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, sufficient for Pawfolio to locate the material; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, Pawfolio has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Pawfolio also may terminate User accounts even based on a single infringement.
Counter-Notice
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.


Trademark Policy
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on the Services are registered and unregistered marks of Pawfolio and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Pawfolio aggressively enforces its intellectual property rights to the fullest extent of the law. Pawfolio’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission. To request permission to use the Trademarks or Content on the Services, or any other Pawfolio material, please contact us.
  1. Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, PAWFOLIO. AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “PAWFOLIO”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. PAWFOLIO MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAWFOLIO ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): PAWFOLIO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Pawfolio will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Pawfolio equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

 
  1. Limitation of Liability
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL PAWFOLIO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, PAWFOLIO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  1. Dispute Resolution and Arbitration
It is Pawfolio’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that Pawfolio has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Pawfolio is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Pawfolio, you acknowledge and agree that you will first give Pawfolio an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to support@pawfolio.com or  mail to 800 W. Cesar Chavez Street, Suite B-100, Austin, Texas, 78701.
You then agree to negotiate with Pawfolio in good faith about your problem or dispute for at least sixty (60) days after Pawfolio’s receipt of your written description of it.
  1.  Assignment
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Pawfolio’s prior written consent. Any assignment in violation of this section shall be null and void. Pawfolio may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
  1. Notice Policy and Your Consent
Under these Terms you are contracting with Pawfolio. All notices should be addressed to Pawfolio at the address in the Contact section below.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Pawfolio company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
  1. Geographic Limits of Service
Pawfolio make no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Pawfolio, are responsible for compliance with applicable local laws.
Pawfolio reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
  1. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Pawfolio and its Services are deemed passive and that do not give rise to personal jurisdiction over Pawfolio or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the State or Federal courts located in the Travis County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
  1.  Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and Pawfolio with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Pawfolio with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
  1. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
 
  1. Contact
If you have any questions regarding these Terms, please contact us at support@pawfolio.com or by mail at the appropriate address below:

Customer Support Requests:
Pawfolio
Attention: Pawfolio Customer Service
800 W. Cesar Chavez Street, Suite B-100, Austin, Texas, 78701

Copyright Notices, other Legal Notices:
Pathway Vet Alliance LLC
Attention: Chief Legal Officer
800 W. Cesar Chavez Street, Suite B-100, Austin, Texas, 78701

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE PAWFOLIO SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 
Last updated on August 1, 2019
 
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