Last Revised: January 1, 2023
1. Changes to Terms and Conditions. We may revise and update these Terms and Conditions from time to time in our sole discretion. The date these Terms and Conditions were last updated is set forth at the top of this page. If we revise these Terms and Conditions, you will be prompted to review and accept the revised Terms and Conditions before you may resume access to and use of the Services. After your acceptance indicating your agreement to the revised Terms and Conditions, the revised Terms and Conditions shall apply to all subsequent access to and use of the Services. If you do not agree to the revised Terms and Conditions, do not accept the revised Terms and Conditions and discontinue use of the Services. If you choose not to accept the revised Terms and Conditions and discontinue use of the Services, you will not receive a refund.
2. Scope of and Restrictions on Use. Destination Pet hereby grants to you on the conditions of these Terms and Conditions a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use in connection with the pet included in your subscription documentation (“Named Pet”). You agree not to:
· collect information from the Services using an automated software tool or manually on a mass basis;
· use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
· “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
· restrict or inhibit other users from accessing or using the Services;
· access or use the Services for any unlawful purpose or otherwise beyond the scope of the rights granted in these Terms and Conditions, including using the Services for any pet other than the Named Pet.
3. Term; Termination.
3.1. The Services are offered on a subscription basis only. The term (the “Term”) of your subscription will be for one year beginning on the day you click “Agree” to these Terms and Conditions and will automatically renew for successive one-year terms, until terminated in accordance with these Terms and Conditions. If you do not wish to continue the Services, you must inform the Yourgi Bestlife Care Team at least 30 days prior to the next renewal date.
3.2. Destination Pet may suspend or terminate (in whole or in part) your access to your account and your use of the Services at any time for any reason without notice and in its sole discretion. If we suspend or terminate your account for cause, such suspension or termination may be due to: (a) your violation of these Terms and Conditions; (b) requests or orders by law enforcement or other agencies; (c) discontinuance or material modification to the Services, in whole or in part; (d) unexpected technical or security issues or problems; and/or (e) extended period of inactivity. Subject to Section 3.3, under no circumstances will Destination Pet be liable to you or any third party for any suspension or termination of your account or these Terms and Conditions. Upon termination of your account for any reason, these Terms and Conditions shall terminate as an agreement between you and Destination Pet; however, all provisions which by their nature should survive will survive, including indemnity obligations, warranty disclaimers, dispute resolution, and limitations of liability.
3.3. The Services are provided on a subscription basis only, and you may only terminate the Services by providing notice of non-renewal as described in Section 3.1. Notwithstanding the foregoing, subject to Section 3.4, Destination Pet may provide a partial refund for if you need to discontinue Services and terminate your subscription in the following circumstances:
(a) If the Named Pet passes;
(b) Qualifying Job Loss or Job Transfer;
(c) Student Transfer;
(d) Military Service; or
(e) Center closure. A Destination Pet facility closes permanently and there are no other Destination Pet facilities located within 40 miles from your current residence.
3.4. Any request for termination in the foregoing circumstances will be subject to you providing sufficient evidence (in Destination Pet’s sole discretion) of the applicable circumstance. If you qualify for a refund amount, it will be the difference of services rendered and subscription amount received. If there is no refund available, no additional payments will be required, however if there is a balance, you will be responsible for the balance before cancelation. If you receive a refund, we will refund all or a portion tax paid in an amount based on applicable taxes. All program benefits, including discounts, will no longer be available to you or the Named Pet if a refund or cancelation is complete. To submit a cancelation or refund request, email the Yourgi Bestlife Care Team at email@example.com as centers are unable to process these requests for clients.
4. Ownership. The Services are owned by Destination Pet and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Further, the trademarks, service marks, and logos displayed on the Destination Pet or Yourgi websites or any application provided by Destination Pet are registered and unregistered marks of Destination Pet and, as applicable, its licensors. The Services are licensed, not sold, to you. You acknowledge and agree that, as between you and Destination Pet, Destination Pet is and shall remain the sole owner of the Services, including all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights in and to the Services.
5. Account Registration and Security. Access to and use of certain Services requires you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account, other than your parents or legal guardians who have rights to access and manage your account if you are a minor. If you are a parent or legal guardian, you may permit your child to use the account instead of you, however you are liable for the activities of your child. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Destination Pet of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
6. Communications with Destination Pet. The communications between you and Destination Pet via the Services use electronic means, including via email, text message, calls, and push notifications to the mobile telephone number you provided to Destination Pet. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Destination Pet and/or its affiliated companies, including communications concerning appointments or prescription requests placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences in your account. To opt out of receiving promotional text messages from Destination Pet, you must reply “STOP” from the Mobile Device receiving the messages. For purposes of clarity, delivery of text messages between you and Destination Pet regarding appointments and prescriptions are transactional text messages, not promotional text messages.
7. Online Purchases and Other Terms and Conditions. If we provide functionality to make purchases through the Services or other transactions for the sale of products or services formed through the Services, then those purchases and transactions are governed by our third-party vendors’ terms of sale. You further understand and agree that Destination Pet is not responsible or liable for any products or services provided by any third party that may be purchased through the Services or any third party’s acts or omissions related to purchases of such products or services. Any other policies, rules, or guidelines that may be applicable to specific portions or features of the Services are incorporated into these Terms and Conditions. If you do not agree to be bound to such additional terms and conditions, you should not indicate any assent or acceptance of such terms and conditions.
9. Changes to the Services. Destination Pet reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion of the Services (including any Content) at any time. You agree that Destination Pet shall not be liable to you or to any third party for any such change, suspension, or discontinuance.
10. Disclaimer; Limitation of Liability.
10.1. Disclaimer of Warranties. The Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, and Destination Pet hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Destination Pet nor any person associated with Destination Pet makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Further, neither Destination Pet nor anyone associated with Destination Pet represents or warrants that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services, or the servers that make them available are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations.
10.2. Limitation of Liability. To the fullest extent permitted by law, in no event shall Destination Pet or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use or inability to use the Services, including personal injury or death, loss of revenue, loss of profits, loss of business, loss of use, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Despite the liability exclusions of this Section 10.2, if Destination Pet is found liable for any loss, damage, or injury under any legal theory relating in any way to the subject matter of these Terms and Conditions, in no event shall Destination Pet’s aggregate liability to you or any third party exceed the amount paid by you to Destination Pet in connection with the Services. The foregoing limitations shall apply even if your remedies under these Terms and Conditions fail of their essential purpose. Use of the Services is at your sole risk.
11. Indemnification. You agree to indemnify, defend, and hold Destination Pet and Destination Pet’s officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (a) your use of the Services; (b) any violation of these Terms and Conditions by you; or (c) any violation of applicable law by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any action requiring indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services or these Terms and Conditions.
12. Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Destination Pet is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect of Third Party Materials. Destination Pet does not assume and shall not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links to Third Party Materials are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subordinate to such third parties’ terms and conditions.
13. Third Party Platforms. Destination Pet may provide the Services to you through third-party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). If you log in to your Destination Pet account via a third-party network, such as Facebook or Google, you hereby authorize Destination Pet to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under Destination Pet’s control. Destination Pet does not assume any responsibility or liability for your use of such Third Party Platforms.
14. Dispute Resolution.
14.1. Arbitration. You and we agree that any dispute or claim relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions or your use of the Services (other than pet care services provided in a center) will be resolved exclusively through final and binding arbitration, rather than in court, and in accordance with the Yourgi/Destination Pet terms and conditions (https://www.destinationpet.com/terms-and-conditions/).
14.2. Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Services must be commenced within one (1) year after the cause of action or claim accrues, otherwise, such cause of action or claim is permanently barred.
15.1. Geographic Restrictions. Destination Pet is headquartered in the State of Colorado in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15.2. Governing Law; Jurisdiction and Venue. These Terms and Conditions and any dispute or claim arising out of or related to these Terms and Conditions, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.
15.3. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms and Conditions will continue in full force and effect.
16. Questions. If you have any questions about Yourgi Bestlife, the Services or these Terms and Conditions, please visit the Yourgi app and view our FAQs or email us at firstname.lastname@example.org.
Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.