Last Updated: July 15, 2022
BINDING EFFECT. This is a binding agreement between you and Conceive Yours, LLC (“us,” “we,” or “Company”). By using the website located at https://treat2treat.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to be bound by and to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Amended Terms of Use are effective upon being posted. Company provides notice on the Site regarding when these Terms of Use have been updated; it is your responsibility to review these Terms of Use periodically, to ensure that you find them acceptable for your continued use of the Site. YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
LIMITED LICENSE. Subject to your compliance with these Terms of Use, Company hereby grants you a personal, non-transferable and non-exclusive right and license to use the Site; provided, however that you shall not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant or entity; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of it may not be reproduced, copied, sold, resold, used, visited or otherwise exploited for any commercial purpose without the express written consent of Company.
PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found at https://treat2treat.com/privacy-policy/. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.
You are not required to create an account to use the Site, but you may do so. To establish an account to use the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You may not use the account, username, or password of someone else at any time. You are entirely responsible for maintaining the confidentiality of your password, and for restricting third party access to your computer. You agree to accept responsibility for all activities that take place under your account or password, and that Company shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge.
USER CONTENT. You grant Company a license to use the materials you post to the Site. By posting, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of Company’s or any third party’s copyrights, trademarks, trade secret, or other intellectual property or proprietary rights. You agree to abide by laws regarding ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account.
SECURITY POLICY: Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
SUBSCRIPTIONS:
Subscription Plans. As explained further above, to secure the right to access and use the subscription-only pages of the Site, and to maintain your User Account in good standing, you must subscribe to Company for any of the subscription options as listed (and as may be updated from time-to-time) on the Site. Accordingly, you understand and acknowledge that, with the exception of any free trial periods, Company will charge you a recurring subscription fee in exchange for your right to access and use the subscription-only pages of the Site in accordance with this Agreement (the “Subscription Fee(s)”). At the start of each subscription period, Company will charge the Subscription Fee to your credit card or other payment method on file with Company, as identified in your User Account. These payment transactions will be facilitated through an online payment processing application that is provided by a third-party vendor and accessible through the Site, and you will receive a receipt through your User Account.
Cancellations; Automatic Renewal. You may cancel your subscription at any time through the cancellation feature of your User Account. There is no fee to use this feature. If you do not cancel your subscription before the end of the then-existing subscription period, then your subscription will automatically renew on a monthly basis and Company will bill you for, and you must pay for, the subsequent monthly subscription period. If you cancel your subscription prior to the end of the then-existing subscription period, then your right to access and use the subscription-only pages of the Site will continue through the end of the then-existing subscription period.
Pricing / Subscription Fee Amounts. The amount of each Subscription Fee will be set by Company in its sole discretion. Information about Company’s current Subscription Fee rate amounts is available on the Site. Your subscription fees are disclosed after login and after you complete an evaluation. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Company reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Company sees fit in its sole discretion.
WAIVER OF CLAIMS; UNAUTHORIZED PAYMENTS:
To the fullest extent permitted by applicable law, you agree to waive all claims against Company related to any unauthorized payments made on or through your account(s) with Company, Company’s third-party payment processing vendor(s), the Practitioners, or any other third parties and/or any other person or entity, regardless of whether they are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Company, and Company will undertake a reasonable investigation as it sees fit under the circumstances and, if Company deems appropriate, assist in correcting the alleged unauthorized payment, provided that such claim (“Unauthorized Payment Claim”) is received by Company within fifteen (15) days of the subject charge or payment. Each Unauthorized Payment Claim must be submitted via email to legal@treat2treat.com with “Claim Concerning Unauthorized Payment” in the e-mail subject line and the following information clearly stated in the body:
i. The date and approximate time of the subject transaction;
ii. The services tendered or to be tendered under the subject transaction;
iii. The total monetary amount of the subject transaction;
iv. Whether the subject transaction was made on or though the Site;
v. The parties to the subject transaction, including the buyer and seller;
vi. A detailed explanation for why you believe the charge or payment made under the subject transaction is unauthorized;
vii. The monetary amount of the subject transaction you believe is subject to a refund;
viii. Your name, street address, city, state, zip code and e-mail address; and
ix. Whether you prefer to receive a response to your request by mail or e-mail.
Company will not accept an Unauthorized Payment Claim via telephone or facsimile. Company is not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent or untimely.
ACCURATE PAYMENT INFORMATION:
You represent and warrant to Company that any payment information you provide on or through the Site is current, complete and accurate, and that you will promptly notify Company if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
REFUND POLICY:
Returns:
Unfortunately, we do not accept returns. All sales and payments made on, through or regarding the Site and/or
your User Account are final, irrevocable and not subject to or eligible for a refund.
SHIPPING POLICY:
Most orders are processed within 2 business days. Shipping time in transit is typically 3 to 5 business days. We determine the most efficient shipping carrier for your order. The carriers that may be used are: U.S. Postal Service (USPS), United Parcel Service (UPS) or FedEx. Tracking number will be immediately provided once shipped.
Loss or Damage During Shipment:
Allow up to 3 extra business days for packages that show delivered. Please contact us at support[at]treat2treat.com if the product is damaged or package is lost in transit. International shipments are not covered under our guarantee policy.
YOUR DEVICES. Certain portions of the Site may be configured for, and Company may offer the Site through, computers, tablets, smart phones and/or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your visit, access, registration with and use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site. Company does not guarantee that the Site or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you visit, access, or use the Site through a particular Device, then you hereby acknowledge and agree that information about your use of the Site through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to Company and/or certain third parties. All or any part of the voice, message, and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, registration with and/or use of the Site. Company is not responsible for, and you further accept full responsibility for, all Device, carrier and network fees, rates, charges and taxes which may apply, if any.
SMS/MMS MOBILE MESSAGE MARKETING. Company is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
SMS/MMS USER OPT IN & USER OPT OUT. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, display, perform, transmit, or otherwise distribute to the Site any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
COPYRIGHT INFRINGEMENT. Company has in place certain procedures regarding allegations of copyright infringement occurring on the Site. Company’s policy is to investigate any allegations of copyright infringement brought to its attention, and to suspend and/or terminate the account of any user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations.
ALLEGED VIOLATIONS. To ensure that Company provides a high quality experience for you and for other users of the Site, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other uses of the Site that are not authorized under these Terms of Use. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company does reserve the right to terminate your account immediately, with or without notice to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others. Company is under no obligation to enforce these Terms of Use on your behalf against any third party or other user of the Site.
SUSPENSION OR TERMINATION OF SERVICE. Company has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site and/or your User Account at any time, and without notice or recourse, as Company deems advisable in its sole discretion. Company shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in the provision of veterinary services, disruption in or loss of service, or loss of content).
NO WARRANTIES.COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY MAKES THE SITE AND/OR SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY. In no event shall Company or any of Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: (a) your access, inability to access, registration with, inability to register with, use or inability to use the Site; (b) the unauthorized access to or alteration of your information; (c) any statements, content or conduct of any third party on, through or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; (d) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account; (e) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account; (f) the fact that you have relied on any information or content found on, through, or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; (g) any acts, errors or omissions of the Practitioners; or (h) any products or services offered or sold by Company on or through the Site. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. If you are dissatisfied with the Site or any products or services offered or sold on or through the Site (including, without limitation, any products or services that may be offered or sold by the Practitioners on or through the Site), then your sole and exclusive remedy against Company and/or Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees is to discontinue your access and use of the Site and those products and services.
No Injunctive Relief. If Company breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).
Limitation of Remedies. If Company breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if Company has been notified of the possibility of such damages.
AFFILIATED AND/OR THIRD PARTY SITES. Company has no control over, and no liability for any third party websites or materials. Company may work with partners or affiliates whose Internet sites may be linked with the Site. Because Company has no control over the content or performance of other sites which may be linked to the Site, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on any other site.
PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. COMPANY WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND.
COMPANY’S PROPRIETARY RIGHTS. All content of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company or its licensors and is protected by U.S. and international intellectual property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading or copying any Company Content, or using the Site. Any use of Company Content or this Site other than for the express services provided is strictly prohibited. For example, copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition of Company Content is strictly prohibited.
The logo, trade names, trademarks and service marks (collectively the “Trademarks”) displayed on the Site are the registered and/or unregistered Trademarks of Company or its third party clients or collaborators, and are protected under applicable trademark and other intellectual property laws. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your use of the Trademarks displayed on the Site, except as provided for in this legal notice, is strictly prohibited. By using the Site to request our goods or services, you grant the Company a limited license to display your company’s Trademarks for the limited purpose of allowing the Company to show that your company is a past or present client of Company.
COPYRIGHT. All contents of the Site are: Copyright © 2022 Conceive Yours, LLC. All rights reserved.
MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or any Service provided in connection therewith; and, (c) discontinue the Site and/or any Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. To be aware of any revisions, you must review these Terms of Use and other online policies posted on the Site periodically. You agree that, by continuing to use or access the Site subsequent to any revision, you consent to these Terms of Use as revised.
SEVERABILITY; WAIVER. If, for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
PENNSYLVANIA USE ONLY. The Site is controlled and operated by Company from its offices in the Commonwealth of Pennsylvania. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Pennsylvania.
GOVERNING LAW AND VENUE. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the Commonwealth of Pennsylvania, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Philadelphia County, Pennsylvania in all disputes arising out of or related to the use of the Site or any Service provided in connection therewith.
CONTACT US. If you need to contact us for any reason, please email support@treat2treat.com.
ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.