Terms and Conditions

Canine Scent Based Cancer Screening For Dogs Terms and Conditions

Agreement between User and ScoutMD, Inc.

Welcome to ScoutMD.pet. The ScoutMD.pet website (the “Site”) is comprised of various web pages operated by ScoutMD, Inc. (“ScoutMD”). ScoutMD.pet and the ScoutMD’s canine scent detection services, offering non-invasive and affordable cancer screening for dogs (the “Services”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”). Your use of ScoutMD.pet and the Services constitutes your agreement to all such Terms and Conditions. Please read these Terms and Conditions carefully, and keep a copy of them for your reference.

Authorization

You is duly and legally authorized to enter into these Terms and Conditions and to subject Your dog (the “Dog”) to sample collection and submittal.

Risks and Considerations

You will be asked to collect a saliva sample from Your Dog using provided cotton swabs. Depending on Dog’s temperament, this could present risk or cause harm to the individual or individuals collecting the sample

ScoutMD’s screening service is for informational and research use only. It is not meant to be used as a clinical diagnostic test or to diagnose or treat any disease. Any results from the screening should be share with a licensed veterinarian and any proper course of diagnosis and care should be subject to their direction.

Procedures, Sample Donation and Results

You will need to provide Your contact information and answers to a short questionnaire to ScoutMD in order to activate a sample collection kit.

Once You receive the collection kit, You will need to collect a sample from Your Dog. The packet will contain the materials and specific instructions to do this. You will need to twirl two swabs under Your dog’s tongue and between its cheeks and gums to collect a saliva sample.

Once You collect the sample, You will need to return it to ScoutMD in a provided return package.

ScoutMD will process the sample and provide You the results via the ScoutMD.pet site.

Research Study and Future Studies

You consent that by providing Your Dog’s sample, the data from Your Dog’s screening may be used as part of a research study. The purpose of this research is to determine the accuracy of dogs that have been trained to positively identify cancer recurrence or new cases of cancer in its primary stages on the basis of canine saliva samples.

Your Dog’s samples may be kept to be used for training or future research studies.

You will not be granted any intellectual property rights in findings from these studies.

Privacy

Your use of ScoutMD.pet and the Services is subject to ScoutMD’s Privacy Policy (located at ScoutMD.pet/privacy-policy). Please review our Privacy Policy, which governs the ScoutMD.pet website and the Services and informs users of our data collection practices.

Notwithstanding ScoutMD’s Privacy Policy, ScoutMD shall be entitled to use any and all screening data compiled from all canine scent detection screenings in research studies and/or for marketing purposes. Should ScoutMD utilize the aforementioned information in any research studies or for marketing purposes, all such information shall be aggregated and anonymized by removing all identifying information from Your collected data.

The results of any future research study, including laboratory and other data, may be published for scientific purposes but will not give Your name or include information identifiable to You.

Electronic Communications

Visiting ScoutMD.pet or sending emails to ScoutMD constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that ScoutMD is not responsible for third party access to Your account that results from theft or misappropriation of Your account. ScoutMD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

ScoutMD does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use ScoutMD.pet only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

ScoutMD.pet may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ScoutMD and ScoutMD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ScoutMD is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by ScoutMD of the site or any association with its operators.

Certain services made available via ScoutMD.pet are delivered by third party sites and organizations. By using any product, service or functionality originating from the ScoutMD.pet domain, You hereby acknowledge and consent that ScoutMD may share such information and data with any third party with whom ScoutMD has a contractual relationship to provide the requested product, service or functionality on behalf of ScoutMD.pet users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use ScoutMD.pet strictly in accordance with these terms of use. As a condition of Your use of the Site, You warrant to ScoutMD that You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ScoutMD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ScoutMD content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of ScoutMD and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of ScoutMD or our licensors except as expressly authorized by these Terms and Conditions.

International Users

The Service is controlled, operated and administered by ScoutMD from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the ScoutMD Content accessed through ScoutMD.pet in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ScoutMD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Site or Services, any user postings made by You, Your violation of any terms of these Terms and Conditions or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. ScoutMD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with ScoutMD in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth in these Terms and Conditions do not apply or if You have opted out of arbitration, You agree that any litigation shall be filed exclusively in the Delaware Court of Chancery or in the United States District Court for the District of Delaware.

In the event of litigation relating to these Terms and Conditions, You agree to waive, where permissible by law, any right to a jury trial.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and ScoutMD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability

ScoutMD shall not be liable to You for any special, indirect, incidental, punitive, or consequential damages arising from or related to these Terms and Conditions, including loss of revenue, or profits or other benefits, and claims by any third-party. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts.

To the fullest extent permitted by applicable law, in no event will ScoutMD or its affiliates, or any of its respective licensors or service providers, have any liability arising from or related to any action the You take based on the information it receives through or from the Services herein contemplated.

Because some states/Jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, the Services or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the site and Services.

The Services provided by ScoutMD are not an attempt to practice medicine nor to provide specific medical advice, and they should not be used to make a diagnosis or to replace or overrule a qualified veterinary care provider’s judgment. You shall not rely upon the Services for emergency medical treatment. The Services are not intended to be a substitute for professional veterinary advice, diagnosis or treatment. You should always consult with a qualified and licensed veterinarian or other medical care provider, and follow their advice without delay regardless of anything ScoutMD’s Services indicate. Use of the ScoutMD Services does not establish a veterinary-patient relationship.

ScoutMD cannot and does not warrant that the Services provided by ScoutMD will be error-free. You understands and agrees that ScoutMD is not responsible or liable for any claim, loss or damage from the You’s use of ScoutMD’s Services. Reliance on any information provided by ScoutMD is solely at the You’s own risk. The Services of ScoutMD are provided on an “as is” basis.

Termination/Access Restriction

ScoutMD reserves the right, in its sole discretion, to terminate Your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and You hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and ScoutMD as a result of this agreement or use of the Site. ScoutMD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ScoutMD’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by ScoutMD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ScoutMD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ScoutMD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms and Conditions

ScoutMD reserves the right, in its sole discretion, to change the Terms and Conditions under which ScoutMD.pet and the Services are offered. The most current version of the Terms and Conditions will supersede all previous versions. ScoutMD encourages You to periodically review the Terms and Conditions to stay informed of our updates.

Contact Us

ScoutMD welcomes your questions or comments regarding the Terms and Conditions at info@scoutmd.pet.

Effective as of October 25, 2022