Privacy Policy - Vital Equine Holistic Veterinary Medicine, Inc.

Effective Date: December 31, 2025
Last Updated: December 31, 2025

Overview

This Privacy Policy explains how Vital Equine Holistic Veterinary Medicine, Inc. ("Vital Equine," "we," "us," or "our") collects, uses, discloses, and protects information obtained through our website (vitalequine.us), AI chatbot, and related services.

IMPORTANT: This Privacy Policy should be read in conjunction with our AI Chatbot Disclaimer and Terms of Use.

Information We Collect

Information You Provide

When you interact with our AI chatbot, contact forms, or services, we may collect:

Full name
Email address
Phone number
Mailing address
Animal information (species, breed, age, medical history)
Payment information (processed by third-party payment processors)
Communications you send to us
Any other information you voluntarily provide

Automatically Collected Information

We may automatically collect:

IP address and geolocation data
Browser type, version, and language settings
Device information (type, operating system, unique identifiers)
Pages visited, time spent on website, and navigation paths
Referring website or source
Date and time stamps of access
Chatbot interaction logs and complete conversation history
Cookies and similar tracking technologies

Sensitive Information

We may collect sensitive information related to veterinary care, including:

Animal medical records and health history
Veterinary treatment information
Diagnostic test results
Prescriptions and medications

This information is collected and maintained in accordance with California veterinary recordkeeping requirements.

How We Use Your Information

We use the information collected to:

Provide veterinary services and establish/maintain the Veterinarian-Client-Patient Relationship (VCPR)
Respond to inquiries and appointment requests
Communicate about animal care, treatment plans, and follow-up
Process payments and maintain billing records
Send appointment reminders and practice updates
Improve our website, chatbot functionality, and services
Comply with legal, regulatory, and professional obligations
Maintain records for business, medical, and regulatory purposes
Protect against fraud, unauthorized access, and legal liability
Enforce our Terms of Use and other agreements
Defend against legal claims or disputes

AI Chatbot Specific Notices

Critical Limitations

Our AI chatbot does NOT:

Provide medical advice, diagnosis, or treatment
Establish a Veterinarian-Client-Patient Relationship (VCPR)
Replace professional veterinary examination or consultation
Guarantee accuracy, completeness, or currency of information

Chatbot Data Collection and Use

Conversations with the chatbot:

Are logged and recorded in their entirety
Are NOT confidential or protected by veterinary-client privilege
Are NOT encrypted or secure communications
May be reviewed by our staff for quality assurance, training, and compliance purposes
May be disclosed if required by law or to defend against legal claims
Should NOT include sensitive medical details, personal information, payment information, or confidential matters

For confidential veterinary matters, do not use the chatbot. Call us at (310) 800-1495 or email [email protected].

AI-Specific California Requirements (AB 3030, SB 243)

You are interacting with artificial intelligence, not a human
AI-generated responses may contain errors or inaccuracies
The chatbot implements safety protocols to prevent generation of harmful content
The chatbot is not intended as a substitute for human interaction or professional services
Minors should use the chatbot only with parental supervision

How We Share Your Information

We do not sell your personal information to third parties.

We may share your information with:

Service Providers and Business Partners

Third-party vendors who assist with:

Website hosting and maintenance
Chatbot functionality and AI services (Elfsight and associated AI providers)
Email and communication services
Payment processing
Practice management software
Cloud storage and data backup
IT security and support services

These service providers are contractually obligated to protect your information and use it only for specified purposes.

Legal Requirements and Protection of Rights

We may disclose your information when required or permitted by law:

In response to subpoenas, court orders, or legal process
To comply with applicable laws and regulations (including veterinary recordkeeping laws)
To cooperate with law enforcement or regulatory investigations
To comply with California Veterinary Medical Board requirements
To protect our legal rights, property, safety, or the safety of others
To defend against legal claims, lawsuits, or regulatory complaints
To enforce our Terms of Use, policies, and agreements
To investigate potential fraud, violations, or misconduct

Veterinary Referrals and Continuity of Care

With your authorization, we may share animal medical records with:

Other veterinarians or specialists for referrals
Emergency veterinary hospitals
Diagnostic laboratories
Previous veterinary providers (to obtain records)

Business Transfers

In connection with:

Merger, acquisition, or sale of business assets
Bankruptcy or similar proceedings
Business reorganization or restructuring

Your information would be transferred as part of the business assets.

With Your Explicit Consent

When you authorize us to share your information for specific purposes not covered above.

Data Security

We implement commercially reasonable administrative, technical, and physical security measures to protect your information from unauthorized access, disclosure, alteration, or destruction, including:

Secure server hosting
Encryption of data transmission (where technically feasible)
Access controls and password protection
Regular security assessments
Employee training on data privacy and security

However, no internet transmission or electronic storage system is 100% secure. We cannot guarantee absolute security of your information. You provide information at your own risk.

You are responsible for:

Maintaining the confidentiality of your login credentials (if applicable)
Not sharing sensitive information through unsecured channels (including the chatbot)
Using secure internet connections when accessing our services

Data Retention

We retain your information for as long as necessary to:

Provide veterinary services and maintain the VCPR
Comply with California veterinary recordkeeping requirements (minimum 3 years, longer for certain records)
Comply with other legal, regulatory, and professional obligations
Resolve disputes, enforce agreements, and defend legal claims
Fulfill the purposes described in this Privacy Policy

Specific Retention Periods:

Veterinary medical records: Minimum 3 years from last date of service (may be longer for certain cases, including minors)
Chatbot conversation logs: Minimum 3 years from date of interaction
Financial records: 7 years per IRS requirements
General communications: Until no longer necessary for business purposes

After retention periods expire, we will securely delete or anonymize your information unless longer retention is required by law or necessary to defend legal claims.

Your California Privacy Rights

California Consumer Privacy Act (CCPA)

If you are a California resident, you have the right to:

1. Right to Know

What categories of personal information we collect
The sources from which we collect information
The business or commercial purposes for collection
The categories of third parties with whom we share information
The specific pieces of personal information we have collected about you

2. Right to Access

Request a copy of the personal information we have collected about you in the preceding 12 months

3. Right to Delete

Request deletion of your personal information (subject to legal exceptions, including veterinary recordkeeping requirements, pending legal claims, and fraud prevention)

4. Right to Correct

Request correction of inaccurate personal information

5. Right to Opt-Out of Sale

We do not sell personal information, so this right does not apply

6. Right to Limit Use of Sensitive Personal Information

Request limits on use of sensitive personal information (medical records are exempt when necessary for veterinary services)

7. Right to Non-Discrimination

We will not discriminate against you for exercising your privacy rights

How to Exercise Your Rights

To exercise these rights, contact us:

Email: [email protected]
Phone: (310) 800-1495
Mail: Vital Equine Holistic Veterinary Medicine, Inc., PO Box 9281, Calabasas, CA 91372

Verification Required: We will verify your identity before responding to requests. You may be required to:

Provide identifying information (name, email, phone)
Confirm details of your prior interactions with us
Provide additional verification if requesting sensitive information

Response Timeline: We will respond to verified requests within 45 days (may be extended an additional 45 days if necessary, with notice).

Authorized Agents: You may designate an authorized agent to submit requests on your behalf by providing written authorization.

Exceptions and Limitations

We may deny requests or limit information provided when:

We cannot verify your identity
Disclosure would adversely affect others' rights
Legal obligations require retention (veterinary recordkeeping laws)
Information is necessary to defend legal claims or detect fraud
Information is covered by attorney-client privilege or work product doctrine

Children's Privacy

Our website, chatbot, and services are not intended for individuals under 18 years of age. We do not knowingly collect personal information from minors without parental consent.

If you are under 18:

Do not use the chatbot without parental supervision
Do not provide personal information without parental consent

If you are a parent or guardian and believe your child has provided us with personal information without your consent, contact us immediately at [email protected]. We will delete such information promptly upon verification.

Special Protections for Minors:

Our chatbot implements safety protocols to prevent harmful content generation
We do not use minors' personal information for marketing purposes
Veterinary records for minors are subject to extended retention periods

Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources (e.g., emergency veterinary hospitals, specialty practices, educational resources).

We are not responsible for:

Privacy practices of third-party websites
Content, accuracy, or services provided by third parties
Data collection by third-party sites or services

Please review third-party privacy policies before providing any information to external websites or services.

Cookies and Tracking Technologies

Our website may use cookies, web beacons, pixels, and similar technologies to:

Remember your preferences and settings
Analyze website traffic and user behavior
Improve user experience and website functionality
Track conversions and marketing effectiveness
Provide targeted content

Types of Cookies:

Essential cookies: Necessary for website operation
Functional cookies: Remember preferences and settings
Analytics cookies: Collect information about website usage
Marketing cookies: Track advertising effectiveness

Your Cookie Choices:
You can control cookies through your browser settings:

Block all cookies
Accept only certain cookies
Delete existing cookies
Receive notifications when cookies are set

Note: Disabling cookies may limit website functionality, including chatbot operation.

California "Shine the Light" Law

California Civil Code Section 1798.83 permits California residents to request information about disclosure of personal information to third parties for direct marketing purposes.

We do not share personal information with third parties for their direct marketing purposes. If our practices change, we will update this policy and provide opt-out mechanisms as required.

Do Not Track Signals

Some browsers transmit "Do Not Track" (DNT) signals. Our website does not currently respond to DNT signals because there is no industry-standard interpretation of DNT.

We will update this policy if we implement DNT response mechanisms in the future.

Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect:

Changes in our practices
New legal or regulatory requirements
Technological developments
Business changes

When we make changes:

The "Last Updated" date at the top will be revised
Material changes will be posted prominently on our website
We may notify you via email or chatbot message (if we have your contact information)

Continued use of our website, chatbot, or services after changes constitutes acceptance of the revised Privacy Policy.

We encourage you to review this Privacy Policy periodically.

Additional California-Specific Disclosures

California AI Transparency Requirements

Pursuant to California law (AB 3030, SB 243):

Our chatbot uses artificial intelligence and machine learning
AI responses are generated automatically and may contain errors
The chatbot does not replace human judgment or professional services
We implement safety protocols to prevent harmful content generation
We maintain conversation logs for compliance and safety purposes

California Veterinary Medical Board Requirements

Dr. Rhiannon Fenton is a licensed California veterinarian
California Veterinary License information is available on our website
Veterinary services are subject to California veterinary practice laws
Questions or complaints about veterinary care may be directed to:
- Veterinary Medical Board of California
- Phone: (916) 515-5220
- Website: www.vmb.ca.gov

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

Vital Equine Holistic Veterinary Medicine, Inc. and Dr. Rhiannon Fenton are not liable for:

Unauthorized access to or alteration of your information
Data breaches caused by third parties or circumstances beyond our control
Your reliance on chatbot information or communications
Errors, inaccuracies, or omissions in chatbot responses
Consequences of sharing sensitive information through unsecured channels
Third-party actions or services
Technical malfunctions, interruptions, or failures

You acknowledge and agree that:

You use our website and chatbot at your own risk
You are responsible for protecting the confidentiality of information you provide
You will not share sensitive medical or personal information through the chatbot
The chatbot does not provide medical advice or establish a VCPR

Indemnification

By using our website, chatbot, or services, you agree to indemnify, defend, and hold harmless Vital Equine Holistic Veterinary Medicine, Inc., Dr. Rhiannon Fenton, and our officers, employees, agents, and contractors from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use or misuse of our website, chatbot, or services
Your violation of this Privacy Policy or Terms of Use
Your violation of any laws or regulations
Your provision of false, misleading, or inaccurate information
Third-party claims based on your actions or communications

Governing Law and Jurisdiction

This Privacy Policy is governed by the laws of the State of California, without regard to conflict of law principles.

Any disputes arising from this Privacy Policy shall be resolved in:

The state or federal courts located in Los Angeles County, California
You consent to personal jurisdiction and venue in these courts

Severability

If any provision of this Privacy Policy is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

This Privacy Policy, together with our AI Chatbot Disclaimer and Terms of Use, constitutes the entire agreement regarding data privacy and supersedes all prior communications or agreements.

Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, contact:

Vital Equine Holistic Veterinary Medicine, Inc.
Dr. Rhiannon Fenton, DVM
Phone: (310) 800-1495
Email: [email protected]
Website: vitalequine.us
Mailing Address: PO Box 9281, Calabasas, CA 91372

For complaints or concerns about our privacy practices, you may also contact:

California Attorney General's Office
Privacy Enforcement and Protection Unit
Website: oag.ca.gov/privacy

Veterinary Medical Board of California
Phone: (916) 515-5220
Website: www.vmb.ca.gov

Acknowledgment

By using our website, chatbot, or services, you acknowledge that:

You have read and understood this Privacy Policy
You consent to the collection, use, and disclosure of your information as described
You agree to the terms and conditions set forth herein
You understand the limitations and risks associated with AI chatbot technology
You will not use the chatbot for confidential, sensitive, or emergency matters

Last Updated: December 31, 2025

Terms of Use - Vital Equine Holistic Veterinary Medicine, Inc.

Effective Date: December 31, 2025
Last Updated: December 31, 2025

IMPORTANT LEGAL NOTICE - READ CAREFULLY

These Terms of Use contain important legal provisions including mandatory arbitration, class action waiver, limitation of liability, and release of claims. By accessing or using this website, AI chatbot, or any services provided by Vital Equine Holistic Veterinary Medicine, Inc., you agree to be legally bound by these terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE OR SERVICES.

1. Agreement to Terms

1.1 Binding Agreement

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vital Equine Holistic Veterinary Medicine, Inc. ("Vital Equine," "we," "us," or "our"), a California corporation operated by Dr. Rhiannon Fenton, DVM ("Dr. Fenton").

By accessing, browsing, or using:

Our website (vitalequine.us)
Our AI chatbot
Any services, content, or features we provide
Any communications with our practice

You acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2 Modifications

We reserve the right to modify, amend, or update these Terms at any time, without prior notice, at our sole discretion. Changes will be effective immediately upon posting to this website with an updated "Last Updated" date.

Your continued use of this website or services after any modifications constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically. If you do not agree to any modifications, you must immediately cease using our website and services.

1.3 Additional Terms

Certain services or features may be subject to additional terms, conditions, guidelines, or rules that will be posted in connection with those services. All such additional terms are incorporated into these Terms by reference.

2. No Veterinary-Client-Patient Relationship

CRITICAL NOTICE - NO MEDICAL ADVICE

THIS WEBSITE AND AI CHATBOT DO NOT ESTABLISH A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP (VCPR). NO CONTENT ON THIS WEBSITE OR PROVIDED THROUGH THE CHATBOT CONSTITUTES VETERINARY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PROFESSIONAL CONSULTATION.

2.1 Information Only

All information provided through this website, chatbot, or communications is for general informational and educational purposes only. This information:

Is not tailored to any specific animal or situation
Is not a substitute for professional veterinary examination, diagnosis, or treatment
Should not be relied upon for medical decision-making
May be inaccurate, incomplete, outdated, or contain errors
Does not create any duty of care or professional obligation

2.2 VCPR Requirements

California law requires an established Veterinarian-Client-Patient Relationship (VCPR) for the provision of veterinary medical advice, diagnosis, treatment, or prescriptions. A VCPR requires:

An in-person, hands-on physical examination of the animal
Sufficient knowledge of the animal's medical history and condition
Assumption of responsibility for medical judgments
Availability for follow-up care

No VCPR is established through:

Use of this website or chatbot
Email, phone, or electronic communications
General inquiries or information requests
Completion of forms or questionnaires

2.3 Emergency Disclaimer

THIS WEBSITE AND CHATBOT ARE NOT FOR EMERGENCIES. Vital Equine does not provide emergency veterinary services. If your animal is experiencing a medical emergency, contact your nearest emergency veterinary hospital immediately or call 911 if human safety is at risk.

Do not rely on this website or chatbot for emergency situations. Delays in seeking emergency care can result in serious injury or death to animals.

2.4 No Guarantee of Accuracy

We make no representations, warranties, or guarantees regarding the accuracy, completeness, timeliness, reliability, or suitability of any information provided. Veterinary medicine is complex and constantly evolving. Information may become outdated or may not apply to specific situations.

3. AI Chatbot Terms and Limitations

3.1 Artificial Intelligence Disclosure

Our chatbot uses artificial intelligence (AI) and machine learning technology. You acknowledge and understand that:

You are interacting with an AI system, not a human or licensed veterinarian
AI responses are generated automatically and may contain errors, inaccuracies, or inappropriate content
The AI cannot understand context, nuance, or medical complexity the way a human veterinarian can
AI technology has inherent limitations and is not a substitute for professional judgment
We cannot control or guarantee all AI outputs despite implementing safety protocols

3.2 Prohibited Chatbot Uses

You agree NOT to use the chatbot to:

Seek veterinary medical advice, diagnosis, or treatment recommendations
Obtain prescriptions or medication recommendations
Address emergency or urgent medical situations
Replace professional veterinary examination or consultation
Share sensitive, confidential, or personal medical information
Engage in illegal, harmful, abusive, threatening, or harassing communications
Attempt to manipulate, bypass, or "jailbreak" the AI system
Impersonate others or provide false information
Introduce malware, viruses, or harmful code
Scrape, data mine, or systematically extract content

3.3 Chatbot Data and Privacy

All chatbot conversations are:

Logged, recorded, and stored in their entirety
Not confidential, private, or protected by any privilege
Subject to review by our staff for quality assurance and compliance
May be disclosed pursuant to legal requirements or to defend legal claims
Retained for a minimum of 3 years

DO NOT share sensitive information through the chatbot. See our Privacy Policy for complete details on data collection and use.

3.4 Chatbot Availability

We reserve the right to:

Modify, suspend, or discontinue the chatbot at any time without notice
Limit or restrict access to the chatbot for any reason
Terminate conversations immediately if Terms are violated
Change chatbot functionality, features, or capabilities

4. Intellectual Property Rights

4.1 Ownership

All content on this website, including but not limited to text, graphics, logos, images, videos, audio, software, code, design, and compilation, is the exclusive property of Vital Equine Holistic Veterinary Medicine, Inc., Dr. Rhiannon Fenton, or our licensors.

All content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use this website for personal, non-commercial purposes only, subject to these Terms.

You may NOT:

Copy, reproduce, distribute, transmit, display, or create derivative works from our content
Use our content for commercial purposes without written permission
Remove or alter copyright, trademark, or other proprietary notices
Frame, mirror, or replicate any portion of this website
Use automated systems (bots, scrapers, spiders) to access content
Reverse engineer, decompile, or disassemble any software or technology

4.3 Trademarks

"Vital Equine," our logo, and other marks are trademarks of Vital Equine Holistic Veterinary Medicine, Inc. You may not use our trademarks without prior written consent.

4.4 User-Generated Content

By submitting any content to us (including but not limited to messages, emails, forms, chatbot conversations, reviews, or feedback), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

You represent and warrant that you own or have rights to any content you submit and that such content does not violate any third-party rights or applicable laws.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

You agree to use this website and services in compliance with all applicable laws, regulations, and these Terms. You agree to conduct yourself professionally and respectfully in all communications.

5.2 Prohibited Conduct

You agree NOT to:

Violate any local, state, federal, or international laws or regulations
Infringe upon intellectual property rights of any party
Transmit any harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content
Engage in any conduct that could damage, disable, overburden, or impair our website or services
Attempt to gain unauthorized access to our systems, accounts, or networks
Interfere with any other user's use or enjoyment of our website or services
Use our website or services to transmit spam, chain letters, or unsolicited communications
Collect or harvest personal information about other users
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Engage in any activity that threatens the security or integrity of our systems
Make threats, engage in harassment, or communicate intent to harm Dr. Fenton, our staff, or property
Discuss, threaten, or initiate legal action, malpractice claims, or lawsuits through the website or chatbot

5.3 Enforcement

We reserve the right, at our sole discretion, to:

Monitor, review, and moderate all use of our website and services
Terminate or restrict access for any user who violates these Terms
Remove or disable any content that violates these Terms or applicable law
Cooperate with law enforcement and disclose information as required by law
Take any other action we deem necessary to protect our rights, property, or safety

6. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW:

6.1 "As Is" and "As Available"

THIS WEBSITE, CHATBOT, AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

6.2 Disclaimer of All Warranties

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY: We do not warrant that our website or services are suitable for any particular purpose
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE: We do not warrant that our services will meet your specific needs or expectations
IMPLIED WARRANTIES OF NON-INFRINGEMENT: We do not warrant that use of our website will not infringe third-party rights
WARRANTIES OF ACCURACY OR RELIABILITY: We do not warrant that information is accurate, complete, reliable, current, or error-free
WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION: We do not warrant that our website or chatbot will operate without interruption, errors, viruses, or other harmful components
WARRANTIES OF SECURITY: We do not warrant that our website is secure or immune from unauthorized access, hacking, or data breaches
WARRANTIES OF RESULTS: We do not warrant any specific results, outcomes, or benefits from use of our website or services

6.3 No Professional Advice Warranty

WE MAKE NO WARRANTY THAT:

Information provided is suitable for medical decision-making
Chatbot responses are accurate, appropriate, or safe to follow
Use of our website or chatbot will prevent harm to animals
Our services are a substitute for professional veterinary care

6.4 Third-Party Content

We are not responsible for any third-party content, links, websites, services, or products referenced on our website. We do not endorse, warrant, or assume any liability for third-party offerings.

6.5 Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE, CHATBOT, AND SERVICES IS AT YOUR SOLE RISK. You are solely responsible for any decisions, actions, or consequences resulting from your use of our website or reliance on any information provided.

7. Limitation of Liability

MAXIMUM LIMITATION - READ CAREFULLY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VITAL EQUINE HOLISTIC VETERINARY MEDICINE, INC., DR. RHIANNON FENTON, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "VITAL EQUINE PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER.

7.1 No Liability for Damages

THE VITAL EQUINE PARTIES SHALL NOT BE LIABLE FOR ANY:

DIRECT DAMAGES: Including but not limited to medical expenses, veterinary bills, property damage, or economic losses
INDIRECT DAMAGES: Including but not limited to loss of profits, business interruption, loss of data, or loss of goodwill
INCIDENTAL DAMAGES: Including but not limited to costs of substitute services or additional expenses incurred
CONSEQUENTIAL DAMAGES: Including but not limited to harm to animals, emotional distress, loss of companionship, or any secondary effects
SPECIAL DAMAGES: Including but not limited to punitive damages, exemplary damages, or statutory damages
PERSONAL INJURY OR WRONGFUL DEATH: Arising from use of this website, chatbot, or reliance on information provided

7.2 Specific Exclusions

WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR:

Errors, inaccuracies, or omissions in content or chatbot responses
Injuries or harm to animals resulting from reliance on information provided
Delays in seeking appropriate veterinary care due to use of our website or chatbot
Technical malfunctions, system failures, interruptions, or unavailability of services
Unauthorized access to or alteration of your transmissions or data
Data breaches, cyberattacks, hacking, or security incidents
Viruses, malware, or other harmful components transmitted through our website
Actions or content of third parties, including other users
Loss or deletion of any content, data, or communications
Any conduct or communication by users, whether online or offline
Decisions made or actions taken in reliance on our website, chatbot, or services

7.3 Maximum Liability Cap

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, WE ARE FOUND LIABLE FOR ANY DAMAGES, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF:

(a) THE AMOUNT YOU PAID TO US FOR SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR
(b) ONE HUNDRED DOLLARS ($100.00)

IF YOU HAVE NOT PAID ANY FEES TO US, OUR LIABILITY IS LIMITED TO ZERO DOLLARS ($0.00).

7.4 Basis of the Bargain

You acknowledge that we have set our prices and entered into this agreement in reliance upon the disclaimers of warranty and limitations of liability set forth herein, and that the same form an essential basis of the bargain between the parties.

7.5 Application to All Legal Theories

These limitations apply regardless of the legal theory on which any claim is based, including but not limited to:

Breach of contract
Breach of warranty
Negligence
Gross negligence
Strict liability
Misrepresentation
Fraud
Professional malpractice
Violation of statute or regulation
Consumer protection laws
Unfair business practices
Any other tort or cause of action

7.6 Knowledge of Potential Damages

These limitations apply even if we have been advised of the possibility of such damages or if such damages were foreseeable.

7.7 State-Specific Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

8. Indemnification

8.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless the Vital Equine Parties from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

Your use or misuse of this website, chatbot, or services
Your violation of these Terms or any applicable law or regulation
Your violation of any rights of any third party
Any content you submit, post, or transmit through our website
Your reliance on any information, advice, or content provided through our website or chatbot
Your decisions or actions taken based on use of our website or services
Any harm, injury, or damage to animals in your care or control
Your breach of any representation or warranty contained herein
Any negligent or wrongful act or omission by you
Claims by other users arising from your conduct or communications
Any disputes with other users or third parties

8.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

You may not settle any claim that affects our rights or interests without our prior written consent.

8.3 Survival

This indemnification obligation shall survive termination of these Terms and your use of our website or services.

9. Release of Claims

WAIVER OF ALL CLAIMS

9.1 General Release

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND DISCHARGE THE VITAL EQUINE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO:

Your use of this website, chatbot, or services
Any information, advice, or content provided through our website or chatbot
Any decisions or actions you take based on our website or services
Any harm, injury, illness, or death to animals
Any interactions or communications with our practice or staff
Any technical issues, errors, or malfunctions of our website or chatbot
Any data breaches, security incidents, or unauthorized access
Any reliance on AI-generated content or chatbot responses
Any business relationship or veterinary services provided

9.2 California Civil Code Section 1542 Waiver

YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS MEANS YOU ARE RELEASING UNKNOWN AND UNSUSPECTED CLAIMS. You may later discover facts different from or in addition to those you now know or believe to be true, but you expressly agree that this release shall remain effective regardless of such discovery.

9.3 Knowing and Voluntary Waiver

You acknowledge that:

You have carefully read and fully understand this release of claims
You have had sufficient opportunity to seek legal advice regarding this release
You are voluntarily entering into this release with full knowledge of its significance
You are not relying on any statements or representations not contained in these Terms
You intend this release to be binding upon yourself, your heirs, executors, administrators, successors, and assigns

10. Dispute Resolution and Arbitration

MANDATORY ARBITRATION - WAIVER OF RIGHT TO COURT TRIAL AND JURY

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT ALSO REQUIRES YOU TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

10.1 Agreement to Arbitrate

YOU AND VITAL EQUINE AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OUR WEBSITE OR SERVICES, OR YOUR RELATIONSHIP WITH VITAL EQUINE (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION.

10.2 Arbitration Procedures

Arbitration shall be conducted in accordance with the following:

Arbitration Organization: JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures
Location: Los Angeles County, California
Arbitrator Selection: One neutral arbitrator selected in accordance with JAMS rules
Governing Law: California law shall govern the arbitration
Language: English
Award: The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction

10.3 Arbitration Fees and Costs

Each party shall bear its own attorneys' fees and costs unless the arbitrator awards fees and costs to the prevailing party as permitted by law. Arbitration filing fees and arbitrator compensation shall be divided equally between the parties unless otherwise required by JAMS rules or applicable law.

10.4 Class Action Waiver

YOU AND VITAL EQUINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.

Unless both you and Vital Equine agree otherwise in writing:

No arbitrator or judge may consolidate more than one person's claims
No arbitrator or judge may preside over any form of representative, class, or collective proceeding
The arbitrator may award relief (including monetary, injunctive, or declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT SHALL BE VOID, AND THE DISPUTE SHALL BE RESOLVED IN COURT SUBJECT TO THE JURISDICTION AND VENUE PROVISIONS BELOW.

10.5 Exceptions to Arbitration

Notwithstanding the foregoing, the following disputes are not subject to arbitration:

Claims seeking injunctive relief to prevent unauthorized use of intellectual property
Claims brought in small claims court, provided they remain in small claims court and proceed only on an individual basis

10.6 Waiver of Jury Trial

TO THE EXTENT ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU AND VITAL EQUINE EACH WAIVE ANY RIGHT TO A JURY TRIAL. Any such claim shall be resolved by a judge sitting without a jury.

10.7 30-Day Opt-Out Right

You have the right to opt out of this arbitration agreement within thirty (30) days of first accepting these Terms. To opt out, you must send written notice to:

Vital Equine Holistic Veterinary Medicine, Inc.
Attn: Arbitration Opt-Out
PO Box 9281
Calabasas, CA 91372
Email: [email protected]

Your opt-out notice must include: (1) your name, (2) your address, (3) your email address, (4) a clear statement that you wish to opt out of this arbitration agreement, and (5) your signature.

If you validly opt out, neither you nor we can require the other to participate in arbitration. If you do not opt out within 30 days, you will be bound by the arbitration agreement.

10.8 Survival

This arbitration agreement shall survive termination of these Terms and your relationship with Vital Equine.

11. Governing Law and Jurisdiction

11.1 California Law

These Terms and your use of our website and services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

11.2 Exclusive Jurisdiction and Venue

For any disputes not subject to arbitration, you agree that the exclusive jurisdiction and venue for any such action shall be the state and federal courts located in Los Angeles County, California.

YOU HEREBY IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION BASED ON INCONVENIENT FORUM.

11.3 Federal Arbitration Act

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving interstate commerce.

12. Protection of Personal and Business Assets

CRITICAL PROTECTIONS FOR DR. FENTON AND VITAL EQUINE

12.1 No Personal Liability

You expressly acknowledge and agree that:

Dr. Rhiannon Fenton is the owner and operator of Vital Equine Holistic Veterinary Medicine, Inc., a California corporation
All services and website operations are provided through the corporate entity
The corporation is a separate legal entity from Dr. Rhiannon Fenton individually
No personal liability shall attach to Dr. Rhiannon Fenton individually for any claims, debts, obligations, or liabilities arising from corporate activities, website use, or chatbot interactions
Any and all claims must be brought against Vital Equine Holistic Veterinary Medicine, Inc., not against Dr. Fenton personally
Dr. Fenton's personal assets, including but not limited to real property (homes, land), vehicles, bank accounts, investment accounts, personal belongings, and any other personal property, are not subject to any claims, judgments, or liabilities related to website use, chatbot interactions, or corporate activities

12.2 Corporate Veil Protection

You expressly agree not to attempt to "pierce the corporate veil" or hold Dr. Rhiannon Fenton personally liable for any corporate obligations, debts, or liabilities.

You acknowledge that:

The corporation maintains separate finances and records
Corporate formalities are observed
Dr. Fenton acts in a corporate capacity when providing services
No grounds exist to disregard the corporate entity
You waive any right to pursue personal liability claims against Dr. Fenton

12.3 Professional License Protection

You acknowledge and agree that:

Dr. Rhiannon Fenton holds a California veterinary license issued by the Veterinary Medical Board of California
Use of this website or chatbot does not establish professional veterinary services requiring exercise of veterinary licensure
The chatbot provides general information only and does not constitute the practice of veterinary medicine
No claims relating to website use, chatbot interactions, or general information provision constitute grounds for complaints to the California Veterinary Medical Board
You will not file frivolous, bad-faith, retaliatory, or unmeritorious complaints with licensing authorities based solely on website use or chatbot interactions
Any complaints filed in bad faith may subject you to legal action for abuse of process, malicious prosecution, or defamation

12.4 Limitation on Remedies

You expressly agree that the exclusive remedies for any claims are strictly limited to:

Binding arbitration as set forth in Section 10 of these Terms
Monetary damages as limited in Section 7 of these Terms (capped at $100 or amount paid)
Voluntary discontinuation of website use

YOU SPECIFICALLY WAIVE AND RELINQUISH ANY RIGHT TO SEEK:

Attachment, levy, seizure, or garnishment of personal assets (home, cars, bank accounts, investments, personal property)
Attachment, levy, seizure, or garnishment of business assets beyond insurance coverage
Injunctions against Dr. Fenton's veterinary practice or professional activities
Suspension, revocation, restriction, or disciplinary action against professional licenses
Punitive, exemplary, or statutory damages
Emotional distress damages
Loss of companionship or consortium damages
Any remedy that would affect Dr. Fenton's personal property, professional standing, or ability to practice veterinary medicine
Any equitable relief beyond termination of website access

12.5 No Duty of Care

You acknowledge and agree that:

Website and chatbot use do not create any professional duty of care
No fiduciary relationship exists between you and Vital Equine or Dr. Fenton
No special relationship giving rise to heightened duties exists
The relationship is purely commercial regarding website access
Standard negligence principles do not apply to chatbot information provision

12.6 Insurance and Recovery Limitations

In the unlikely event any claim is successful despite all protections herein:

Recovery is limited to available insurance coverage only
No personal assets of Dr. Rhiannon Fenton may be pursued
Business assets beyond insurance are protected
You agree to look solely to insurance for satisfaction of any judgment
You waive any right to pursue collection beyond insurance proceeds

13. Privacy and Data Protection

13.1 Privacy Policy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection, use, and protection practices.

13.2 Consent to Data Collection

By using this website or chatbot, you consent to the collection, use, storage, and disclosure of your information as described in our Privacy Policy and these Terms.

13.3 No Confidentiality

You acknowledge that communications through this website or chatbot are not confidential and are not protected by any privilege (attorney-client, veterinary-client, or otherwise).

14. Termination

14.1 Termination by Us

We reserve the right, at our sole discretion, to terminate or suspend your access to all or part of our website or services, without notice, for any reason, including but not limited to:

Violation of these Terms
Conduct that we believe is harmful to us, other users, or third parties
Suspected fraudulent, abusive, or illegal activity
Extended periods of inactivity
For any reason or no reason at all

14.2 Termination by You

You may terminate your use of our website and services at any time by simply discontinuing use.

14.3 Effect of Termination

Upon termination:

Your right to use our website and services immediately ceases
We may delete any content, data, or information associated with your use
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and releases

14.4 No Liability for Termination

We shall not be liable to you or any third party for any termination of your access to our website or services.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on this website, constitute the entire agreement between you and Vital Equine concerning your use of our website and services.

These Terms supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and us.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms.

The remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the invalid, illegal, or unenforceable provision or its severance.

15.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

We may assign, transfer, or delegate these Terms and any rights or obligations hereunder at our sole discretion, without restriction and without your consent.

15.5 No Third-Party Beneficiaries

These Terms are for the benefit of, and shall be enforceable by, the parties hereto and their respective permitted successors and assigns. These Terms are not intended to confer any rights or remedies upon any person or entity other than the parties.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 Notices

All notices, requests, and other communications under these Terms must be in writing and shall be deemed given:

When delivered personally
When sent by confirmed email
Three (3) business days after being sent by registered or certified mail, return receipt requested

Notices to us must be sent to:

Vital Equine Holistic Veterinary Medicine, Inc.
Attn: Legal Department
PO Box 9281
Calabasas, CA 91372
Email: [email protected]

15.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

15.9 Interpretation

In these Terms:

"Including" means "including but not limited to"
Singular terms include the plural and vice versa
References to "writing" include electronic communications
These Terms shall not be construed more strictly against either party regardless of who drafted them

15.10 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or services must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15.11 Language

These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall control in the event of any conflict or inconsistency.

15.12 Electronic Signatures

Your use of our website or services constitutes your electronic signature to these Terms and your agreement to conduct transactions electronically.

15.13 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Vital Equine.

15.14 Injunctive Relief

You acknowledge that any breach of these Terms, particularly those relating to intellectual property, confidentiality, or prohibited uses, may cause irreparable harm to us for which monetary damages would be an inadequate remedy.

Accordingly, we shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity.

15.15 No Waiver of Immunities

Nothing in these Terms constitutes a waiver of any immunity (sovereign, governmental, or otherwise) that Vital Equine or Dr. Fenton may have under applicable law.

16. California-Specific Provisions

16.1 California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Provider: Vital Equine Holistic Veterinary Medicine, Inc., PO Box 9281, Calabasas, CA 91372

Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16.2 Proposition 65 Warning

This website may contain links to products or services that could expose you to chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, visit www.P65Warnings.ca.gov.

16.3 California Veterinary Practice Act

All veterinary services provided by Vital Equine are subject to the California Veterinary Practice Act (Business and Professions Code Section 4800 et seq.) and regulations of the California Veterinary Medical Board.

However, this website and chatbot do not constitute the practice of veterinary medicine as defined by California law.

16.4 California Consumer Legal Remedies Act

To the extent the California Consumer Legal Remedies Act (Civil Code § 1750 et seq.) applies, you waive all rights under that Act with respect to website and chatbot use.

16.5 California Unfair Competition Law

You waive any claims under California's Unfair Competition Law (Business and Professions Code § 17200 et seq.) related to website or chatbot use.

17. Acknowledgment and Acceptance

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY

BY ACCESSING OR USING THIS WEBSITE, CHATBOT, OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

You have carefully read and fully understand these Terms of Use in their entirety
You have carefully read and fully understand our Privacy Policy
You have had sufficient opportunity to seek independent legal advice regarding these Terms
You understand that these Terms contain important legal consequences, including waiver of substantial rights
You voluntarily and knowingly agree to be legally bound by these Terms
You understand and agree to the mandatory arbitration provision and class action waiver
You understand and agree to the disclaimers of warranties and limitations of liability
You understand and agree to the release of claims, including unknown and unsuspected claims
You understand and agree to the indemnification obligations
You understand and agree to the protection of personal and business assets provisions
You understand that you are waiving your right to sue in court
You understand that you are waiving your right to a jury trial
You understand that you are waiving your right to participate in class actions
You understand that recovery is limited to $100 or amount paid, whichever is less
You are entering into these Terms freely, without coercion, duress, or undue influence
You intend to be legally bound by these Terms
You understand that use of this website is at your own risk

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THIS WEBSITE AND SERVICES.

Contact Information

If you have questions about these Terms of Use, please contact: