Last Updated Date: 5-15-2026
1. ACCEPTING THIS AGREEMENT.
These Terms of Service (“Terms of Service” or “Terms”) and the other documents that we reference below make up the requirements to use the Services. Capitalized terms are defined either in Section * below, or within the context of the Agreement.
The Terms of Service is a legally binding contract between you and Receptive, Inc. (f.k.a Pettable, Inc.). Your use of the Services, or any portion thereof, may be subject to additional terms and conditions, made available to you in advance (“Supplemental Terms”), as may be updated by Receptive from time to time in its sole discretion.
Please note that Section 15 of these Terms of Service contains a binding jury waiver and class action waiver. By agreeing to these Terms of Service, you and Receptive, Inc. agree to submit any disputes between us exclusively to individual litigation in court before a judge, without a jury.
THIS AGREEMENT GOVERNS THE USE OF THE SERVICES AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICES. BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR ACCESSING THE SERVICES, YOU REPRESENT THAT: (a) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (b) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (c) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
2. SERVICES.
- Pettable Services. Receptive has developed a network of licensed mental health professionals and facilitates your access to a provider in this network to determine whether you qualify for an Emotional Support Animal (“ESA”) letter or a Psychiatric Service Dog (“PSD”) letter and, if so, to provide you with one of these letters. The licensed mental health professionals in the Pettable Network (each a “Network Provider”) provide telehealth services, which may include assessment, diagnosis, therapy, follow-up and/or education, teletherapy, consultation, treatment, transfer of personal and health information, emails, telephone conversations and education using interactive audio, video and data communications, as applicable (“Telehealth Services”). Pettable also offers to you the ability to access certain on demand veterinary services through the Pettable Platform or by calling into the veterinary assistance helpline (the “Veterinary Helpline”) at 833-849-9559 for your ESA or PSD (“Veterinary Services”). After contacting the Veterinary Helpline you will receive assistance and advice from a veterinary nurse or veterinarian (“Veterinary Provider”). If the Veterinary Provider determines that video support or additional documentation such as pictures of your PSD or ESA, such portion of the Veterinary Services will be provided either through the Pettable Platform or your Veterinary Provider may provide you with an individual link to access the video conference or to upload images or videos requested by the Veterinary Provider. After collecting intake information from you, Pettable will facilitate your access to one of our Network Providers and provide administrative services to assist with and manage this relationship (“Administrative Services”). Administrative Services, Telehealth Services, and Veterinary Services are collectively referred to as the “Pettable Services”.
- Veterinary Services. Veterinary Services may be made available to you at an additional cost and cannot be purchased as a standalone service without the purchase of Telehealth Services and Administrative Services. Payment for the Veterinary Services shall be made in accordance with Section 8 of this Agreement. You may purchase the additional Veterinary Services at any time through our website or during your initial registration process. You acknowledge that (a) Veterinary Services will be provided remotely, and (b) that the Veterinary Provider may be located outside of the United States and does not provide medical, behavioral health, or health advice or diagnoses.
- ESA Letter Value Subscription. If you elect to subscribe to Receptive’s ESA Letter Value Bundle Subscription, your subscription will include the following services and products until your subscription is terminated in accordance with Section 8: (a) access to Services to determine whether you qualify for an ESA letter or PSD letter, (b) access to Veterinary Services, (c) free renewals of your ESA letter or PSD letter, as applicable, for as long as your ESA Letter Value Bundle Subscription is active, fully paid, and in good standing, and (d) a one-time opportunity to request and receive a $15.00 Amazon gift card from Receptive within thirty (30) days of signing up for the ESA Letter Value Bundle Subscription. To activate your access to Veterinary Services, you must contact support@pettable.com. To receive the $15.00 Amazon gift card described, you must contact support@pettable.com on or before the date that is thirty (30) days after you sign up for your ESA Letter Value Bundle Subscription (and, if you fail to timely do so, you will not be entitled to the $15.00 Amazon gift card).
- Relationship between Network Providers and Receptive. Receptive does not itself provide any therapy or other medical or health, Telehealth Services, or any other services provided or made available by a Network Providers. Each Network Provider is independent of Receptive and is not employed, vetted, or screened by Receptive unless otherwise required by Applicable Law. Any information or advice received from a Network Provider comes from the Network Provider alone, and not from Receptive. Receptive does not make any representations or warranties about the training or skill of any Network Providers or the services provided by the Network Provider. Receptive is not responsible for the advice, availability or other actions or inactions of the Network Provider. Receptive acts only as a platform or intermediary through which a User may gain access to the Network Provider.
- AI Features. The Services include AI Features that may process Your Content through third-party AI providers. Use of the AI Features may be subject to Third-Party Terms. In response to any prompts, comments, questions, and other input (“Input”) and Your Content that you or any authorized users provide to AI Features, some of the AI Features may generate output based on such Input (“Output”). You acknowledge that the Outputs are based on Inputs and Your Content, and that we have no control over such Inputs or Your Content. You represent and warrant that you have all necessary rights and permissions to submit any of Your Content or Input into the AI Features. You further acknowledge and agree that: (a) any AI-generated content, suggestions, Outputs, or code are provide “AS IS,” “WHERE IS” without warranty of any kind by us, including any warranties of accuracy, completeness, truthfulness, timeliness, or suitability, or with respect to the ability for Outputs or Inputs to be protected by intellectual property rights under any applicable laws; (b) you are solely responsible for reviewing, testing, and implementing all such content and Outputs and will comply with all applicable laws in using such Output; (c) you assume all risks and liability associated with the use of AI Features and Output, and any third party that you share such Output with; and (d) we shall not be liable for any decisions, actions, or code implementations made based on such AI Features or AI-generated content. You further acknowledge that any of Your Content or input provided to or through the AI Features may be used by us to improve and train our AI systems, provided that such data is anonymized and aggregated. We make no representations or warranties of any kind or nature with respect to any Inputs or Outputs.
3. YOUR ACCOUNT
- Creating Your Account. In order to access certain features of the Services, you will be required to create an Account. You must be 18 years old or older to use the Services, and by creating an Account, you represent that you are 18 years old or older. You must not create an Account or use the Services if you have been previously removed by Receptive, or if you have been previously suspended or removed from the Services. You must not create an Account using a false identity or information, or on behalf of someone other than yourself.
- Registration Data. In registering an Account on the Services, you must (a) provide true, accurate, current, and complete information about yourself as prompted (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Receptive may suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) if you provide false or inaccurate data.
- Responsibility for Account. You are solely responsible for any activity on your Account. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
- Your Account. You do not own or have any other property interest in your Account. Furthermore, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you must tell us immediately of any unauthorized use of your password or any other breach of security. You may not have more than one Account at any given time. Receptive reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, claims by a third party that a username violates the third party’s rights.
- Communications with Receptive. Except as may be set forth in any Supplemental Terms, Receptive only offers support via email at support@pettable.com. We do not offer telephone support. [Receptive also provides FAQs and other documentation found at [website] to answer common questions related to the use of the Services.] Please review Section 16 (General Provisions) for how to contact Receptive for legal notices.
4. FEES, PAYMENT, AND REFUNDS.
- Fees. You shall pay Pettable the fees associated with your use of the Pettable Services and identified on the Site (collectively, the “Fees”). The Fees will be paid by you either (a) with one upfront payment at the time you complete the initial questionnaire to access the Services, or (b) on a recurring basis as described on the Site if you sign up for Receptive’s ESA Letter Value Bundle Subscription. Unless expressly otherwise provided herein, all Fees are stated and payable in U.S. dollars. Pettable does not accept health insurance for payment for any Pettable Services. You understand that the portion of the Fees attributed to the Telehealth Services provided by Network Providers is passed through by Receptive to the Network Provider rendering the Telehealth Services to you and is not retained by Receptive. The portion of the Fees retained by Receptive is for the fair market value of the Administrative Services provided by Receptive.]
- Payment. Payment of the Fees may be made through the use of a third party payment processor (“Payment Processor”). Your payment of the Fees will be subject to terms of the Payment Processor.
- Pricing Modification. Receptive reserves the right to prospectively modify or implement a new pricing structure. Receptive will notify you if a change in pricing takes place during the Term. If you disagree with the new pricing structure, you may terminate this Agreement according the termination provisions below.
- Refunds.
- Denied Accommodation. Receptive may refund solely the Fees applicable to the Telehealth Services and Administrative Service, but not the Veterinary Services, if each of the following conditions are met: (a) you are denied an accommodation by a landlord or property manager due to a claim that the ESA/PSD Letter from Receptive is not valid; (ii) you have filed a complaint with HUD concerning this denial and provided proof of the filing to us; (iii) you have submitted acceptable documentation of the landlord’s denial (or property managers’ denial) to Receptive (via email to support@pettable.com) within sixty (60) days of the denial; (iv) all information provided to Receptive under this Agreement is complete, accurate and valid; and (v) you have attended each required appointment, consultation and training required to properly receive the Services. If you receive a refund of your Fees under this Section 15.1 and you have purchased Veterinary Services, your subscription for Veterinary Services will not terminate until terminated in accordance with Section 8 of this Agreement.
- Failure to Qualify for ESA/PSD Letter. If the Network Provider determines that you do not qualify for an ESA/PSD Letter, Receptive will refund your Fees if you submit your rejection letter to Receptive (via email to support@pettable.com) within thirty (30) days of the Network Provider’s determination.
- Dissatisfaction with PSD Training Course or Academy Courses. If you purchase the [PSD Training Course or Academy Courses], are dissatisfied with the PSD Training Course or Academy Course materials provided, and submit a written request to Receptive (via email to support@pettable.com) on or before the date that is 7 days after you purchased the PSD Training Course or Academy Courses explaining why you are dissatisfied with the PSD Training Course or Academy Course materials and requesting a refund of the Fee for the PSD Training Course or Academy Courses, Pettable will refund the portion of the Fee paid for the PSD Training Course or Academy Courses, as applicable (but no other Fees).
- Limitations to Refund. You will not be entitled to receive a refund except in the circumstances specified in Section 4.3(a) (Denied Accommodation), Section 4.3 (b) (Failure to Qualify for ESA/PSD Letter), and Section 4.3(c) (Dissatisfaction with PSD Training Course or Academy Courses). For example, Receptive will not issue a refund: (i) if you do not schedule or attend a consultation appointment with a Network Provider; or (ii) if you decide not to continue with the Services before fully completing the ESA/PSD process.
5. CONTENT.
- Your Content. You may not Share any of Your Content unless you have the necessary rights as contemplated in the Agreement. When you Share any of Your Content, you represent that you own or have sufficient rights to Share Your Content in connection with the Services, including to grant the license set forth in Section 6.2 (Your Grant of License). Receptive has the right in its sole discretion to remove or block any of Your Content at any time where (a) Your Content violates applicable laws, regulations, orders, or is in violation of the Agreement, including the acceptable use policy; (b) removal or blocking is necessary because of exigent circumstances or to protect the safety, security, reputation, or integrity of the Services, Receptive, or any third party; or (c) in order to respond to requests from law enforcement or any other governmental authority.
- Inappropriate Content. You are entirely responsible for all of Your Content that you Share. You must not share any of Your Content on or through the Services, that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (b) infringes or misappropriates any third party’s intellectual property rights or other proprietary rights; (c) contains any viruses, worms or other malicious computer programming codes that may damage the Services; or (d) contains any Personal Information (as defined in the Privacy Policy).
- Data Management and Backup. Receptive is not responsible and will not have any liability for, or resulting from (a) any loss of, or the accuracy of, any Content; (b) the failure to store, transmit, or receive transmission of any Content; or (c) the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Receptive also is not responsible for the backup of Your Content. You acknowledge that data conversion, processing and manipulation of Content are subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media that may give rise to loss or damage. You should adopt reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.
6. LICENSE GRANT AND OWNERSHIP.
- Receptive Grant of License. Subject to your compliance with the Agreement, Receptive grants to you a limited, royalty-free, worldwide, non-exclusive, non-transferable license to use and access the Services, for your personal use. This license does not include any right to resell or collect and use any derivative of the Services, Your Content, or User Content; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Receptive’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Some features may not be available on all devices. Further, the Receptive name, logo, and trademarks, stylizations, graphics, service marks and tradenames used on or with the Services (“Receptive Marks”) are the trademarks of Receptive and may not be used without Receptive’s express written permission. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You may not use Receptive’s name or any language, pictures or symbols that could, in Receptive’s judgment, imply Receptive’s endorsement in any (a) written or oral advertising or presentation, or (b) brochure, newsletter, book, or other written material of whatever nature, without Receptive’s prior express written consent.
- Your Grant of License. You hereby grant to Receptive a worldwide, non-exclusive, royalty-free, transferable, sublicensable to Users and multiple tiers of other of sublicensees, irrevocable, perpetual right (including any moral rights) and license to use, reproduce, perform, display, distribute, store, adapt, translate, modify, process, and create derivative works of all of Your Content, in whole or in part, and in combination with User Content and other data or materials for the purposes of (a) providing and operating the Services, performing support, and performing additional Services; (b) improving the Services; and (c) training algorithms, artificial intelligence models, and other related technologies. Without limiting the foregoing, you acknowledge that Your Content may be used by Receptive or third-party providers of artificial intelligence or deep learning Services, algorithms, tools and/or models, to train, develop, enhance, evolve, and improve the Services and the underlying artificial intelligence models, algorithms and related technology, products, and Services (including for labeling, classification, content moderation, and model training purposes), as well as for marketing and promotional purposes.
- Feedback. You hereby grant Receptive a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Services, without restriction, any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to any of the Services (“Feedback”). Receptive will not publicly identify you as the source of such Feedback without your permission.
- Usage Data. As between Receptive and you, all data analytics, technical logs, learnings, and data generated from your use of the Services (“Usage Data”) is the sole and exclusive property of Receptive. Receptive will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify you; and (b) aggregated with data across other Users.
- Ownership. Except for the limited license granted to Receptive under Section 6.2 (Your Grant of License), you solely own and retain all rights, title and interest in Your Content. Except for the limited license granted to you pursuant to Section 6.1 (Receptive Grant of License), Receptive solely owns and retains all right, title and interest in and to the Services, Usage Data, Feedback, AI Features (including those developed by or licensed to Receptive), and Receptive Marks, including all of the software comprising any portion thereof and all related services, specifications, Documentation, technical information, corrections, modifications, derivatives, additions, improvements and enhancements to and all intellectual property rights in the foregoing. All techniques, know-how, software, algorithms and methods or rights thereto owned by Receptive at the time this Agreement is executed, developed during the course of the design, development, and provision of the Services, or which are employed by Receptive in connection with the Services, shall be and remain the property of Receptive.
7. ACCEPTABLE USE AND MONITORING.
- Compliance with Laws and Regulations. You are responsible for complying with all applicable laws, rules, and regulations in all of your actions related to your use of the Services, regardless of the purpose of the use.
- Conduct and Restrictions. You will not, and will not permit or enable any other third party to:
- sell, resell, lease, lend, distribute, provide access to, sublicense, or otherwise make available the Services, in whole or in part, to a third party;
- in any way alter, change, modify, adapt, translate or make derivative works of the Services;
- decompile, disassemble, or reverse engineer the Services or any elements of the Services, or otherwise derive source or object code or non-public APIs from the Services or any elements thereof;
- transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information;
- conduct security or vulnerability tests of the Services, interfere with its operation, or circumvent its access restrictions;
- use the Services to develop a product that competes with the Services or use the Services to provide, or incorporate the Services into, any substantially similar cloud-based service for the benefit of a third party;
- do any “mirroring” or “framing” of any part of the Services, or create Internet links to the Services that include log-in information, user names, passwords, and/or secure cookies;
- sublicense or operate the Services for timesharing, rental, outsourcing, or service bureau operations, or to train persons;
- remove or obscure any proprietary or other notices contained in any Services;
- use the Services in violation of any Receptive agreement or policy;
- use the Services in violation of any applicable laws, including any purposes classified as “prohibited” or “high risk” under applicable laws, including AI regulatory requirements in various countries and regions; and
- access the Services by any means other than through the interfaces provided by Receptive.
- Monitoring. Receptive may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the Sharing of Your Content in any form.
- Removal or Disclosure. Receptive reserves the right, except to the extent prohibited by applicable law, to: (a) remove or refuse to process any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that Receptive deems necessary or appropriate in its sole discretion, including, but not limited to, if Receptive believes that Your Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or the public, or could create liability for Receptive; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) disclose any Content on or in the Services, including Your Content, in Receptive’s possession or control in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Receptive, its Users or the public, and all enforcement or other government officials, as Receptive in its sole discretion believes to be necessary or appropriate; (e) take appropriate legal action, including referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if Receptive otherwise believes that criminal activity has occurred; and/or (f) terminate or suspend your access to all or part of the Services for any or no reason, including any violation of the Agreement. Upon determination of any possible violation by you of any provision of the Agreement, Receptive, may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
8. THIRD-PARTY SERVICES.
- Third-Party Websites, Applications and Ads. The Services use, connect with, and/or contain links to third-party websites, mobile apps, software, products, services, and advertisements for third parties, including connections with and to the Payment Processor and User email accounts (collectively, the “Third-Party Services”). Receptive has no control over these Third-Party Services or their content and does not assume responsibility or liability for any content, opinions, or material available on them. Third Party Services may include websites operated by third parties that Receptive engages to provide certain services to you on Receptive’s behalf. The Services may also contain data or other materials that are made available by third parties, or content that are based on such third-party data or other materials. You acknowledge that access to Third-Party Services, including User’s third party email accounts, may be necessary to access certain features of the Services.
- Disclaimer. Receptive does not own the Third-Party Services or the Content, opinions, and materials contained therein. Receptive expressly disclaims, and does not assume, any responsibility or liability for any Third-Party Services, or any Content, opinions, or material available on Third-Party Services, or such Third-Party Services’ privacy practices with respect to information that you provide via the Third-Party Services. Receptive does not endorse the content of any Third-Party Services or represent or warrant that a Third-Party Service is or will be free of computer viruses or other harmful code that can impact your computer or other web-access device. We encourage you to review any Third-Party Service's Terms of Service and privacy policy as those apply to your use of the Third-Party Service and any information that they collect.
9. INDEMNIFICATION.
- Indemnification. User must indemnify, defend, and hold harmless Receptive, its affiliates, subsidiaries, members, shareholders, officers, directors, employees, licensors, contractors, agents and representatives, (each, an “Receptive Party” and collectively, the “Receptive Parties”) against any and all claims, actions, causes of action, proceedings, losses, liabilities, damages, penalties, liens, fees (including reasonable attorneys’ fees, expert fees, disbursements and costs of investigation), costs and expenses (collectively “Losses”) suffered, incurred or sustained by any Receptive Parties or to which any Receptive Parties become subject, resulting from or arising out of or relating to any third party claims arising out of: (a) Your Content; (b) your use of, or inability to use, the Services; (c) your violation of any term of this Agreement; (d) your violation of any rights of another party, including the infringement, violation or misappropriation of any intellectual property rights or proprietary rights of a third party; (e) your failure to properly obtain permission to share the personal information of an Authorized Participant with Receptive (f) your violation of any applicable laws, rules or regulations; and (f) your willful, grossly negligent, tortious or criminal acts or omissions.
- Defense. Receptive reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Receptive in asserting any available defenses. The applicable Receptive Party will provide you with written notice of any claim for which it seeks indemnification under this Section 9. The rights and obligations under this Section 9 will survive the termination of this Agreement.
10. WARRANTIES.
- Your Representations and Warranties. You represent and warrant to Receptive that (a) your Content does not infringe, violate, or misappropriate the intellectual property rights or proprietary rights of any third party; (b) that you have provided true and accurate information and will maintain the accuracy of such information; (c) that you are physically located in and reside in the state indicated in the address you provided during the registration process, as the licensed mental health professional cannot assess across state lines; (d) that you will comply with applicable law; and (iv) that you are solely responsible for knowing and understanding your local laws concerning standards for the content, legality, and requirements for ESA/PSD Letters; (e) you hold all applicable licenses and qualifications required by applicable law and will otherwise comply with all applicable law, rules, and regulations; (f) you will comply with all applicable law, rules, and regulations; and (g) you satisfy and will continue to satisfy all eligibility requirements to use the Services, as such requirements may be revised or updated.
- Disclaimer.
- THE SERVICES (INCLUDING AI FEATURES) ARE MADE AVAILABLE BY RECEPTIVE “AS IS” AND WITH ALL FAULTS, ERRORS, BUGS AND DEFECTS. RECEPTIVE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, CHARACTER, NATURE, CAPABILITY, PERFORMANCE, SECURITY, AVAILABILITY, SUITABILITY, TITLE, SOURCE OR ANY OTHER CHARACTERISTIC OF THE SERVICES OR ANY PORTION THEREOF. RECEPTIVE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING AI FEATURES), INCLUDING, BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; OR (iii) ANY WARRANTY THAT THE SERVICES WILL BE SECURE OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY OR SECURE, OR OPERATE WITHOUT ERROR.
- DUE TO THE NATURE OF THE OUTPUT AND AI FEATURES, RECEPTIVE DOES NOT REPRESENT OR WARRANT THAT (i) ANY OUTPUT OR AI FEATURES DO NOT INCORPORATE OR REFLECT THIRD-PARTY CONTENT OR MATERIALS OR (ii) ANY OUTPUT OR AI FEATURES WILL NOT INFRINGE OR MISAPPROPRIATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. RECEPTIVE WILL NOT INDEMNIFY OR HOLD YOU HARMLESS FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION BY OUTPUTS OR AI FEATURES. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON THE SERVICES (INCLUDING OUTPUTS AND AI FEATURES) IS AT YOUR SOLE RISK. RECEPTIVE SHALL HAVE NO LIABILITY ARISING FROM ANY DECISIONS MADE, ACTIONS TAKEN, OR FAILURES TO ACT BASED ON THE SERVICES (INCLUDING AI FEATURES AND OUTPUTS). ANY CONTENT ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FORM ACCESSING SUCH CONTENT.
- RECEPTIVE DISCLAIMS ANY AND ALL LIABILITY TO USERS ARISING OUT OF OR RELATING TO (I) THE RELATIONSHIP BETWEEN USER OR ANY THIRD PARTY CONTACTING USER THROUGH THE SERVICES, (II) ANY THIRD PARTY SERVICE; (III) THE PAYMENT PROCESSOR, AND (IV) USER CONTENT.
- RECEPTIVE IS NOT A LICENSED HEALTH CARE PROVIDER NOR DOES RECEPTIVE PROVIDE MEDICAL, BEHAVIORAL HEALTH, OR HEALTH ADVICE OR DIAGNOSES. ANY MEDICAL ADVICE OR TREATMENT YOU RECEIVE IN CONNECTION WITH THE PETTABLE SERVICES IS PROVIDED BY OUR NETWORK PROVIDERS. ALWAYS SEEK PROFESSIONAL MEDICAL ADVICE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION OR TREATMENT.
- ALL INFORMATION PROVIDED BY RECEPTIVE IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A THERAPIST – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. WHILE PETTABLE FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH NETWORK PROVIDERS, RECEPTIVE DOES NOT PROVIDE PROFESSIONAL SERVICES AND THE THERAPIST-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE THERAPY PROVIDER YOU SELECT. PETTABLE SHALL NOT BE LIABLE FOR ANY PROFESSIONAL ADVICE OBTAINED FROM A NETWORK PROVIDER OR FOR ANY OTHER INFORMATION OBTAINED ON THE PLATFORM. RECEPTIVE DOES NOT ENDORSE ANY NETWORK PROVIDER. RECEPTIVE SHALL NOT BE LIABLE FOR NEGLIGENT CREDENTIALING OR THE NEGLIGENCE OF ANY NETWORK PROVIDER. RECEPTIVE DOES NOT ENDORSE ANY SPECIFIC TESTS, PROVIDERS, THERAPIES, PRODUCTS OR PROCEDURES THAT ARE RECOMMENDED BY NETWORK PROVIDERS. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY HEALTHCARE PROVIDERS OR INFORMATION PROVIDED BY THE NETWORK PROVIDERS IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED HEREWITH. THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL OR BEHAVIORAL HEALTH ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL OR BEHAVIORAL HEALTH CONDITIONS. WE DO NOT GUARANTEE THAT ANY PERSON’S USE OF THE PLATFORM IS THE APPROPRIATE COURSE OF TREATMENT FOR ANY INDIVIDUAL’S PARTICULAR HEALTH CARE PROBLEM.
- RECEPTIVE IS NOT AN EMERGENCY-RESPONSE, EMERGENCY-MONITORING SERVICE, OR CRISIS SERVICE. ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION SHOULD IMMEDIATELY CONTACT AN APPROPRIATE EMERGENCY RESPONSE OR DIAL “911”. ANY PERSON WHO IS FEELING SUICIDAL OR IN NEED OF IMMEDIATE ASSISTANCE DUE TO EMOTIONAL CRISIS SHOULD REACH OUT FOR HELP TO A CRISIS HELP LINE. A LIST OF CRISIS HELP LINES AND SERVICE PROVIDERS CAN BE FOUND IN YOUR PHONE BOOK, OR CONTACT THE NATIONAL SUICIDE HOTLINE 800-273-TALK (800-273-8255). IF YOU ARE IN CRISIS, CONTACT THE ABOVE ORGANIZATIONS OR ANOTHER RESOURCE OF YOUR CHOICE. IF YOU NEED HELP FINDING MENTAL HEALTH SERVICES AND SUPPORT IN YOUR COMMUNITY CONTACT AN APPROPRIATE ORGANIZATION, SUCH AS FOR EXAMPLE: NATIONAL MENTAL HEALTH ASSOCIATION INFORMATION CENTER: NMHA.ORG.
- WITHOUT LIMITING ANYTHING ELSE IN THIS SECTION, RECEPTIVE IS NOT RESPONSIBLE FOR THE TRAINING, TEMPERAMENT, OR QUALIFICATION OF ANY ANIMAL COMPANION AS A SERVICE ANIMAL. PETTABLE IS NOT RESPONSIBLE FOR ANY DAMAGES CAUSED BY THE ANIMAL COMPANION IN PUBLIC OR PRIVATE SPACES. AN ESA/PSD LETTER DOES NOT PROVIDE PROTECTION AGAINST LIABILITY FOR MISCONDUCT BY THE ANIMAL COMPANION.
- RECEPTIVE IS NOT A LAWYER OR A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. THE PLATFORM NEITHER OFFERS NOR CONSTITUTES LEGAL ADVICE OR COUNSEL. THE PLATFORM MAY CONTAIN CONTENT (SUCH AS THE PSD TRAINING COURSE AND ACADEMY COURSES) THAT REFERENCES FEDERAL, STATE AND LOCAL RULES REGARDING ASSISTANCE ANIMALS AND/OR TELEHEALTH. PETTABLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR APPLICABILITY OF THIS CONTENT. LAWS, REGULATIONS, GUIDELINES AND OTHER RULES REGARDING ESAS, PSDS, ASSISTANCE ANIMALS AND TELEHEALTH ARE CONSTANTLY EVOLVING AND SUBJECT TO INTERPRETATION, AND RECEPTIVE MAKES NO REPRESENTATIONS OR GUARANTEES AS TO WHETHER ANY INFORMATION ON THE PETTABLE PLATFORM IS CURRENT, COMPLETE, ACCURATE OR RELEVANT OR THAT THE TELEHEALTH SERVICES COMPLY WITH APPLICABLE LOCAL, STATE AND/OR FEDERAL LAWS. CONTENT ON THE PLATFORM IS NOT REGULARLY UPDATED. YOU SHOULD NOT RELY ON ANY CONTENT ON THE PLATFORM FOR ANY ADVICE, GUIDANCE OR INFORMATION OF A LEGAL NATURE. TO ANSWER LEGAL QUESTIONS, YOU SHOULD ALWAYS SEEK HELP FROM A LICENSED PROFESSIONAL OR DIRECTLY REFERENCE THE LATEST FEDERAL, STATE OR LOCAL RULES APPLICABLE TO YOUR CIRCUMSTANCE. PETTABLE MAKES NO REPRESENTATION THAT ANY ESA/PSD LETTER PROVIDED BY A NETWORK PROVIDER OR TELEHEALTH SERVICES COMPLY WITH APPLICABLE LOCAL, STATE OR FEDERAL LAWS.
11. LIMITATION OF LIABILITY.
- Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RECEPTIVE BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, COMMON LAW OR OTHER PROCEEDING OR ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEY’S FEES AND COSTS, OR OTHERWISE, FOR DAMAGES, COSTS OR EXPENSES OF ANY KIND WHICH, IN THE AGGREGATE, EXCEED THE GREATER OF (a) THE AMOUNT OF PAYMENTS MADE BY YOU TO RECEPTIVE DIRECTLY FOR YOUR USE OF THE SERVICES; OR (b) ONE HUNDRED DOLLARS ($100). FOR AVOIDANCE OF DOUBT, THE LIMITATIONS SET FORTH IN THIS SECTION 11 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO YOUR OBLIGATION TO PAY FOR FEES DUE UNDER THIS AGREEMENT, IF ANY, OR YOUR OBLIGATION ANY OTHER AGREEMENT BETWEEN YOU AND RECEPTIVE.
- Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RECEPTIVE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS, EXPERT FEES, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.
- No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, AUTHORIZED PARTICIPANTS, AND OTHER THIRD PARTIES ON OR THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE RECEPTIVE PARTIES ARE NOT LIABLE FOR THE CONDUCT OF OTHER USERS OR OTHER THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS OF THIRD-PARTY SERVICES. YOU UNDERSTAND THAT RECEPTIVE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OR THIRD PARTIES. RECEPTIVE MAKES NO WARRANTY THAT THE SERVICES OR PRODUCTS PROVIDED BY OTHER USERS AND THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RECEPTIVE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
12. DISPUTES WITH OTHER USERS.
- Disputes between Users. In the event of a dispute between you and another User, Authorized Participant or a third party, you should contact the other party and attempt to resolve the dispute.
- Release. You release Receptive from any claims, demands, and damages arising out of disputes with other Users or third parties.
13. CONFIDENTIALITY.
- Non-Disclosure. Receptive may disclose or make available Confidential Information to you whether or not pursuant to this Agreement or through the Services. You must: (a) hold in confidence and safeguard the Confidential Information of Receptive from unauthorized use, access, disclosure or processing using no less than a commercially reasonable degree of care at least as strict as the level of care used by you to protect your own confidential information; (b) not use or exploit the Confidential Information in any way except for the purposes of using the Services; and (c) not disclose or make available such Confidential Information (in whole or in part) to any person or entity. You are responsible for any and all breaches of the Agreement caused by third parties who gain access to Confidential Information through you. You must promptly report to Receptive any actual or suspected violation of the Agreement and take all reasonable further steps to prevent, control or remedy any such violation.
- Exclusions. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of your breach of the Agreement; (b) is obtained by you on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information; or (c) you establish by documentary evidence was or is independently developed by you without using any Confidential Information of Receptive.
- Injunctive Relief. In addition to other relief, Receptive may seek injunctive or other equitable relief for an actual or threatened breach of this Section 13.
14. TERM, TERMINATION AND SUSPENSION.
- Term. The Agreement shall commence as of the Effective Date and, unless earlier terminated in accordance with this Section 14, shall continue until the later of (a) your receipt of a requested ESA/PSD Letter; (b) the Network Provider’s decision to decline your request for an ESA/PSD Letter; (c) expiration of the guarantee period, (d) your cancellation of the Veterinary Services, if applicable; or (e) the date on which you or Receptive terminate your ESA Letter Value Bundle Subscription (the “Term”).
- Termination for Convenience. You may terminate this Agreement for any reason (or no reason) prior to the expiration of the Term upon notice to Receptive; provided you have completely fulfilled your payment obligations under this Agreement. Terminating under this Section will not entitle you to a refund. If you elect to terminate just the Veterinary Services under this, the remainder of the Services are not automatically terminated and will remain subject to the terms of this Agreement until otherwise terminated.
- Suspension by Receptive. In addition to the rights set out elsewhere in this Agreement, Receptive may suspend or terminate your access to your Account or any of the Services, with or without notice, in the event that (a) you provide any information that is untrue, inaccurate, incomplete or not current, or Receptive believes, in its sole discretion, that that any information you provide is untrue, inaccurate, incomplete or not current; (b) you breach the terms of this Agreement; (c) Receptive reasonably believes such action is necessary to protect the security or integrity of any of the Services or any data therein, or (d) your use of or access to the Services risks harm to the Services, other Users, or others or violation of law.
- Termination of Veterinary Services. You will be charged monthly for Veterinary Services until you request a cancellation of your Veterinary Services by contacting Receptive at support@pettable.com. Termination of Services other than Veterinary Services does not automatically terminate Veterinary Services. In the month following your confirmed cancellation of Veterinary Services, Receptive will cease to charge for Veterinary Services and your access to the Veterinary Services will immediately terminate.
- Termination of ESA Letter Value Bundle Subscription. If you intend to terminate your ESA Letter Value Bundle Subscription, you must contact Receptive at support@pettable.com and specifically request the termination of your entire ESA Letter Value Bundle Subscription and this Agreement. If you terminate one component of the ESA Letter Value Bundle Subscription, it shall not constitute termination of your entire ESA Letter Value Bundle Subscription unless you specifically request in writing to Receptive that your ESA Letter Value Bundle Subscription terminate.
- Modification, Suspension or Discontinuance of Services. We reserve the right to change, suspend, or discontinue any of the Services for you, any or all Users, at any time, for any reason, including those laid out in our policies under the Agreement. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
- Termination by Receptive. Receptive may terminate this Agreement at any time, without cause.
- Effect of Termination. Upon cancellation of your Account or other termination of the Agreement, your right to use the Services will automatically terminate and Receptive may delete Your Content associated therewith. If we suspend your Account or access to the Services, we may also bar your further use or access to the Services. Except where an exclusive remedy is provided, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
- Survival. All provisions of this Agreement that by their nature should survive termination will survive termination — including, but not limited to: license rights, ownership provisions, confidentiality, warranty disclaimers, indemnity, limitations of liability, dispute resolution, waiver of jury trial and waiver of class and non-individual relief, and governing law, jurisdiction and venue.
15. DISPUTE RESOLUTION.
- Applicability of Dispute Resolution. Subject to the terms of this Agreement, you and Receptive agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or this Agreement and prior versions of this Agreement, including claims, disputes, and disagreements that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved solely on an individual basis and not on a class, representative, collective, or mass action basis, in court, without a jury. “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
- Informal Dispute Resolution.
- There might be instances when a Dispute arises between you and Receptive. If that occurs, Receptive is committed to working with you to reach a reasonable resolution. You and Receptive agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Receptive therefore agree that before either party commences litigation against the other , we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
- The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which Conference shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Receptive that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@pettable.com or regular mail to our offices located at Receptive, Inc., 2810 N Church St, Suite 67131 Wilmington, DE 19802. The Notice must include: (i) your name, telephone number, mailing address, e-mail address associated with your Account (if you have one); (ii) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (iii) a description of your Dispute.
- The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases. Unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing litigation. The statute of limitations and any filing deadlines for initiating litigation shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
- Waiver of Jury Trial. YOU AND RECEPTIVE HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY. You and Receptive are instead each electing that all Disputes shall be decided by a judge sitting without a jury... You and Receptive hereby voluntarily, knowingly and intentionally waive your right to trial by jury in any lawsuit arising under or relating to the Agreement.
- Waiver of Class and Other Non-Individualized Relief. YOU AND RECEPTIVE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, REPRESENTATIVE, COLLECTIVE, , OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Injunctive Relief. Subject to this Agreement, the court may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief, you and Receptive agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the remaining claims and requests for relief. This section does not prevent you or Receptive from participating in a class-wide settlement of claims.
- Rules and Forum. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Receptive agree that either party shall have the right to finally resolve the Dispute through individual litigation in accordance with the terms of this Agreement. Such litigation shall be held in the state and federal courts in Delaware. You and Receptive submit yourselves to the jurisdiction of such courts and agree not to seek or accept the transfer of any Dispute to any other court or proceeding. The rights and obligations under this Section 15 will survive the termination of this Agreement.
- Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in litigation unless the court finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Receptive need to invoke the authority of a court of competent jurisdiction to enforce this Section 15, then the party that obtains an order compelling compliance with this Section 15 in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling compliance with this Section 15.
- Invalidity. If any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
16. GENERAL PROVISIONS.
- Electronic Communications. The communications between you and Receptive may take place via electronic means, whether you visit the Services or send Receptive emails, or whether Receptive posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Receptive in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Receptive electronically provides to you satisfy any legal requirement that such communications would satisfy if they were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
- Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Receptive’s prior written consent. Receptive may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. Receptive will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of the affected party, including, but not limited to, acts of God, flood, fire, loss of electricity or other utilities, epidemic, pandemic, act of a public enemy or terrorist, act of any military, civil, regulatory or governmental authority, change in law or regulation, labor problem or unavailability of supplies and any other cause, whether similar or dissimilar to any of the foregoing that could not have been prevented by Receptive with reasonable care ("Force Majeure Event"). A Force Majeure Event does not excuse User's payment obligations under this Agreement.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: support@pettable.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Agreement Updates. When changes are made, Receptive will make a new copy of the Agreement available on the Services, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for Users without an Account and thirty (30) days after posting for Users with an Account. Receptive may require, you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU MUST STOP USING THE SERVICES.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Receptive agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Delaware.
- Governing Law and Jurisdiction. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF DELAWARE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
- Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
- Notice. Where Receptive requires you to provide an email address, you are responsible for providing Receptive with a valid and current email address. In the event that the email address you provide to Receptive is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Receptive’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Receptive at the following address: Receptive, Inc., 2810 N Church St, Suite 67131 Wilmington, DE 19802. Such notice shall be deemed given when received by Receptive by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
- Section Headings. Throughout this Agreement, each section includes titles. These section titles are not legally binding.
- Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Receptive are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Receptive products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
17. DEFINITIONS.
The following are some key terms that will be helpful as you read these Terms. Other key terms may be defined in context within the Agreement. These are denoted by bold and capitalization.
“Academy Courses” means the self-guided training courses offered by Receptive through the Platform that provide information and instructions regarding how to train a dog and other information related to owning and caring for a dog, such as “Puppy Kindergarten” and “Mastering Focus,” and are included in the scope of Services. All references to the Academy Courses herein shall also refer to and include any optional live support services purchased by you and the evaluation and any personalized training recommendations that result from such live support.
“Account” means the account each User creates in order to use the Services. It serves as a User’s identity on the Services.
“Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in these Terms of Service, Supplemental Terms, the Privacy Policy, and all other operating rules, policies and procedures that we may publish from time to time on the Services.
“AI Features” means any tools, features, or functionality in the Services that may be offered by us from time to time that utilize artificial intelligence or machine learning technologies.
“Confidential Information” means all information disclosed by Receptive or made available to you through the use of or access to the Services, whether tangible or intangible and in whatever form or medium provided.
“Content” refers to content featured or displayed through the Services, including documents, information, emails, calendar entries, data, text, artwork, audio, images, photographs, graphics, video, messages, tags and/or content, materials and other items.
“Documentation” means the user documentation related to the Services made available online to Users.
“Privacy Policy” means Receptive’s privacy policy found at https://pettable.com/privacy-policy, as may be updated by Receptive from time to time in its sole discretion.
“Receptive,” “we,” and “us” refers to Receptive, Inc.
“Services” means the Site, the Veterinary Services, the Pettable Services, the Pettable Platform, mobile application, website applications, interface, AI Features, API, portal, or web service application enabled or made available by Receptive and any services provided therewith.
“Share” (and its derivatives) refers to uploading, sharing, posting, emailing, transmitting, querying, commenting, or otherwise making available through or to the Services.
“Site” means any one or more of the Receptive, Inc. website(s) found at https://pettable.com.
“Telehealth Services” means the telehealth services provided by a Network Provider, which may include assessment, diagnosis, therapy, follow-up and/or education, teletherapy, consultation, treatment, transfer of personal and health information, emails, telephone conversations and education using interactive audio, video and data communications, as applicable.
“Platform” means the portal and associated infrastructure that provides the Services.
“Third-Party Products” means any and all software, applications, data, APIs, or other products or services owned by third parties and licensed to us for use in connection with the Services and subject to contractual, regulatory, or other legal obligations.
“Third-Party Terms” means any and all agreements, terms, conditions, policies, and other requirements of a third-party provider of a Third-Party Product, each as may be required from time to time by the applicable third party.
“User Content” is Content that is Shared by Users other than you.
“Users” are the individuals, companies, or organizations that have visited or are using the Services.
“You” and “your” refers to the User, company, or organization that accepts this Agreement, creates the Account, if applicable, accesses or uses any part of the Services, accesses or otherwise provides any information as part of the Survey, or that directs the use of the Services in the performance of its functions.
“Your Content” is Content that you Share through your use of the Services.