TERMS AND CONDITIONS FOR PETPLAN DIRECT AND TRIAL PROGRAM
These Terms and Conditions (the “Terms and Conditions” or just “Terms”) apply to all visitors, users, and others who access or use the Introductory Trial & Pet Insurance Introduction Program or Petplan Direct E-claims and Pay-Vet-Direct Reimbursement System and related website(s), software, functionality, and content (the “Service”), operated by Fetch Insurance Services, LLC dba Petplan (referred to as “Petplan,” “us,” “we,” or “our”), located at 3805 West Chester Pike, Suite 240, Newtown Square, Pennsylvania 19073.
1. Accessing the Service
Please read these Terms carefully before opting into, installing, or utilizing the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
By accessing or using the Service you agree to be bound and abide by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Petplan reserves the right to modify these Terms at any time. Continued use of the Service by you will constitute your acceptance of any revisions to the Terms. Please check this page regularly.
The Service is offered and available to users who are 18 years of age or older, and reside in the United States (including its territories) or Canada and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Petplan, meet all of the foregoing eligibility requirements, and are authorized to bind the practice on whose behalf you sign. If you do not meet all of these requirements, you must not access or use the Service.
By opting in to, creating an account with, or accessing the Service, you agree to subscribe to newsletters, marketing, and other promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some elements of the Service may be restricted and require authorization for access. Unauthorized use of or access to any such areas is prohibited. Actual or attempted unauthorized use of or access to such areas or restricted information may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas. It is a condition of your use of the Service that all information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with or utilize the Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by these Terms and our other policies.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account on the Service. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password or within your system as it relates to the Service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
4. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- • In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries;
- • To impersonate or attempt to impersonate Petplan, a Petplan employee, contractor or agent, another user, or any other person or entity including, without limitation, by using e-mail addresses (or user names) associated with any of the above mentioned; and/or
- • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Petplan or users of the Service or expose them to liability.
Additionally, you agree not to:
- • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
- • Use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
- • Use any device, software, or routine that interferes with the proper working of the Service;
- • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;
- • Otherwise attempt to interfere with proper working of the Service; and/or;
- • Promote, market, solicit, negotiate or sell any insurance policy or any benefit covered under any insurance policy, or act as an agent, producer, or broker in connection with any of these activities.
5. Third-Party Operators
The Service may include content or services provided by third-parties, including but not limited to Animal Care Technologies, materials provided by end users, information processors, and third-party licensors. We are not responsible, or liable to you or any third party, for the content, accuracy, or security of any materials provided by any third parties.
6. Electronic Signatures
For many elements of the Service, Petplan may give you access through an internet login or other online access, including the ability to use a personal computer equipped with an active connection to an internet service provider to access your Petplan accounts and policies, and to perform certain transactions as available (now or in the future, as applicable).
As part of these activities, you or related end users may be given the option to sign certain documents including, but not limited to, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents electronically by either checking the appropriate box or engaging in a similar online process as instructed online. To the extent permitted by law, you agree that by checking the appropriate box within or adjacent to the applicable document or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the Terms in such document in the same way as if you had signed your name to a paper document.
7. Disclaimer of Warranty
The content and materials in the Service are provided “as is” and without representations or warranties of any kind, either express or implied. Petplan expressly disclaims all warranties, express or implied, with respect to the Service including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Petplan does not warrant or represent that the functions or operations of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, its servers or any email sent from Petplan are free of viruses or other harmful components.
The information, products software or service descriptions published in connection with the Service may include inaccuracies or typographical errors. Petplan disclaims liability for such errors and does not warrant or represent that the content on the Service is always updated or complete. Petplan has no obligation to update any content on the Service and may change or improve the Service at any time without notice.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
8. Updating the Service
Petplan reserves the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Service, or the website, to users and/or practices.
9. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10. Limitation of Liability
Petplan shall not be liable for any injury, loss, claim, or damage, nor any indirect, special incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, that arise out of (a) the use of, or inability to use, the Service or content found in the Service, or (b) unless resulting from the gross negligence or intentional actions of Petplan, the unauthorized access to or alteration of your transmissions of data, even if Petplan has been advised of the possibility of such damages.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
11. Jurisdiction and Severability
Use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of laws. Any dispute concerning the Service shall be subject to the exclusive venue of a court of competent jurisdiction in Delaware.
Should any provision of these Terms be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Any such invalid, unlawful or unenforceable provisions will not affect the validity or enforceability of the remaining provisions.
12. Jurisdictional Issues
Petplan makes no representation that all insurance products and services on the Service are appropriate or available for use in your jurisdiction. Some insurance products and services may not be available in all jurisdictions. If you choose to access the Service, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations. The information contained on the Service is not an offer to sell or solicitation to buy, any insurance product, security, or service.
13. Personal Information
We limit the collection, disclosure, and use of practice and customer information to only what is needed to provide the Service, properly produce, underwrite, and service our insurance products, and/or to fulfill legal or regulatory requirements. We collect personal information solely for conducting the business activities of marketing, producing, underwriting, servicing, and administering our insurance products including, but not limited to:
- • Promoting insurance and pet related products;
- • Producing business through our affiliates;
- • Underwriting and renewal of commercial and personal lines insurance products;
- • Sharing insured client policy details with veterinary practices for their use and access to assist clients with claim submission and adjudication;
- • Claims handling and adjusting, including investigation and payment of claims including direct reimbursement to veterinary practices for approved policyholder claims via ACH;
- • Claims administration and reporting;
- • Fraud detection and prevention;
- • Loss Control;
- • Complying with the law and statutory reporting requirements; and
- • Any other business activities that we may legally undertake.
14. Insurance Quotes/Coverages
Any quotes and other policy information generated by or through the Service are estimates based upon the information provided by you or end users and are not a contract, binder, or agreement to extend insurance coverage and are subject to change at any time. Quotes may differ from the final premium amount due, for example, to the passage of time between the quote and the policy application or if the information provided on the policy application differs from what was provided for the quote.
Any coverage descriptions provided on or through the Service are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Petplan. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state. For additional information, please contact a Petplan agent.
In addition to any other applicable provision of these Terms, you agree to participate in informal efforts to resolve any claim or controversy arising out of or relating to these Terms or an alleged breach hereof. If a satisfactory resolution does not arise from informal discussions or other mechanisms agreed to by Petplan and you, either party may submit to the other a written description of the claim or controversy and a proposed method for resolution. The party receiving this description must respond to the other party within sixty (60) days, by accepting, rejecting or modifying the proposed method of resolution. Failure to respond within such sixty (60) day period shall be deemed a rejection of the proposed method for resolution. If the we are still unable to resolve the claim or controversy, the parties, as their exclusive remedy, agree to submit the claim or controversy to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or such other commercial arbitration service as is agreed upon by the parties at that time. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The costs of any arbitration proceeding shall be borne equally by the parties. This arbitration provision shall not prevent either party from electing to terminate these Terms as set forth herein. Any arbitration proceeding shall be held in Philadelphia, Pennsylvania.
16. Waiver of Class Action Rights
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
17. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Petplan, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Service for the intended commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service, except as follows:
- • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- • You may store files that are automatically cached by your Web browser temporarily for display enhancement purposes.
- • You may print (or download) one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- • If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- • Modify copies of any materials from the Service.
- • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Petplan. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
18. Underwriting and Licensing Information
Coverage subject to terms and conditions, less any applicable policy limits, deductible or co-pay, and pursuant to all policy exclusions. Policy terms and conditions may vary by state or province. Petplan insurance policies are administered by Fetch Insurance Services, LLC (Fetch Insurance Agency, LLC in Michigan), d/b/a Petplan (Petplan Insurance Agency, LLC in California) and underwritten by XL Specialty Insurance Company and AGCS Marine Insurance Company, a member of the Allianz Group, in the U.S. and XL Specialty Insurance Company - Canadian Branch in Canada. The Introductory Trial & Pet Insurance Introduction Program and Petplan Direct E-claims and Pay-Vet-Direct Reimbursement System may not be available to all people and practices in all licensed states. For more information, visit GoPetplan.com.
19. Contact Information
If you have any questions about the Service or these Terms, you can contact us in the following ways.
- • By Mail:
3805 West Chester Pike, Suite 240
Newtown Square, PA 19073
- • Using our Contact Form
- • By calling us at 1.866.467.3875
- • By email at firstname.lastname@example.org