TEXT MESSAGING TERMS & CONDITIONS

 
Please read the American Veterinary Group Text Messaging Terms & Conditions carefully (the “AVG Messaging Terms”). We are American Veterinary Group, LLC, and its direct and indirect subsidiaries and affiliates (“AVG,” “we,” or “us”). American Veterinary Group owns and operates a network of veterinary clinics across the United States, including (i) the general practice clinic locations listed at https://www.americanveterinarygroup.com/about/#hospitals and their associated websites (the “General Practice Clinics”), and (ii) the UrgentVet clinic locations listed at https://urgentvet.com/locations/ and their associated websites (the “UrgentVet Clinics” and, together with the General Practice Clinics, the “Hospital Sites”). AVG also makes available websites, mobile applications, desktop applications, and other online or digital services (collectively, the “Digital Platforms”).
 
The American Veterinary Group Messaging Terms apply to short messaging service (“SMS”) and mobile messaging service (“MMS”) communications that we (and our subsidiaries, affiliates, partners, and service providers) send about the hospital brands owned and operated by the American Veterinary Group, including, but not limited to, the Hospital Sites and, where applicable, in connection with employment opportunities or the application process (collectively, the “ABC text messaging services”). Some of the AVG text messaging services may use an automatic telephone dialing system (“ATDS”).
 
For purposes of these AVG Messaging Terms, the AVG text messaging services may apply to individuals interacting with AVG in connection with veterinary and related services at our Hospital Sites (“Customers”) and, where applicable, individuals interacting with AVG in connection with employment opportunities or the application process (“Applicants”). AVG text messaging services may include separate messaging programs, including customer marketing messages, customer transactional, and recruiting or application-related messages for Applicants. Unless otherwise specified, these AVG Messaging Terms primarily describe customer-facing text messaging services. Applicants, if contacted by text message, will generally receive only transactional messages related to the application process or employment opportunities, and not marketing messages. To the extent an Applicant elects to receive, or otherwise receives, marketing text messages from AVG, the provisions of these AVG Messaging Terms relating to marketing messages will also apply to such Applicant. Opting into one category of AVG text messaging services does not, by itself, constitute consent to receive a different category of AVG text messaging services.
 
By opting in or otherwise agreeing to receive AVG text messaging services, you agree to be bound by these AVG Messaging Terms, as well as our Privacy Notice, Terms of Service for the AVG Digital Platforms, and any other applicable terms and rules, which are incorporated by reference and can be viewed via links on our homepage. We sometimes refer to these, collectively, as our “Agreement” with you. These AVG Messaging Terms are in addition to, and do not limit, any other part of our Agreement. If there is a conflict between the Terms of Service for the AVG Digital Platforms and these AVG Messaging Terms, these AVG Messaging Terms apply.
 
We reserve the right to change the AVG text messaging services and these AVG Messaging Terms by posting an updated version on our website, so you should review the latest version each time you interact with our text messaging services. When you interact with AVG text messaging services, you agree to be bound by the current version of these AVG Messaging Terms and the rest of the Agreement. If you do not agree, you should not use AVG text messaging services. If you have already opted in, you should opt out, as described below.
 
IMPORTANT NOTICE: The American Veterinary Group Messaging Terms, and the rest of our Agreement, are a legally binding contract between you and us. Please read the American Veterinary Group Messaging Terms carefully as they contain important provisions governing how we will resolve disputes and could affect your legal rights. In particular:
 
You agree to follow our Information Dispute Resolution process, described below, before you bring a claim in court or initiate an arbitration. And we agree to do the same, provided we have a valid email address for you.
 
You agree that any Disputes (defined below) between you and American Veterinary Group will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any Disputes between you and American Veterinary Group will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
 
You agree that you will not try to sue us in a class action, either as a named plaintiff or a class member. This is called a “CLASS ACTION WAIVER.”
 
We want to make sure that you understand all our American Veterinary Group Messaging Terms. If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile apps or by calling us at 877-292-0524 or via email at [email protected].
 
About American Veterinary Group text messaging services
 
This section describes the types of AVG text messaging services that may be offered to Customers and, where applicable, Applicants.
 
“American Veterinary Group text messaging services” are communications from AVG sent via SMS and MMS messaging channels, including those sent using an ATDS, between AVG (including our partners and service providers) and you. These communications may be sent on a recurring basis. Frequency may vary, and we reserve the right to alter message frequency at any time.
 
AVG text messaging services may include separate messaging programs, including customer transactional, customer marketing messages, and, where applicable, recruiting or application-related messages for Applicants. Certain AVG text messaging services may be administered through different platforms, vendors, or opt-in paths. Opting into one category of AVG text messaging services does not, by itself, constitute consent to receive a different category of AVG text messaging services.

 
Customer transactional text messages may include appointment notification texts, which provide information about appointments at our Hospital Sites (such as confirmations, cancellations, updates, and similar communications), and account information texts, which include security updates and other information about your account with AVG or our Hospital Sites.
 
Recruiting or application-related text messages, where applicable, may include interview scheduling, application status updates, reminders, and similar communications related to employment opportunities with AVG. Applicants, if contacted by text message, will generally receive only transactional text messages related to the application process or employment opportunities and will not receive marketing text messages. To the extent an Applicant elects to receive, or otherwise receives, marketing text messages from AVG, the provisions of these AVG Messaging Terms relating to marketing messages will also apply to such Applicant.
 
Customer marketing text messages may include news, pet healthcare tips, pet education, special offers, and promotions about products and services offered by AVG and its Hospital Sites.
 
Although AVG text messaging services are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier. AVG text messaging services are not compatible with all cell phone models, and not all mobile phone providers carry the necessary service to participate. Check your phone capabilities. You should have a wireless device of your own that is capable of two-way messaging, be using one of the participating wireless carriers, which are listed below, and be a wireless service subscriber with text messaging service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
 
You have choices about the texts you receive from us. To learn more, please keep reading.
 
How to opt into American Veterinary Group text messaging services.
 
Opting into any American Veterinary Group text messaging service means that you are providing express written (and signed) consent to receive recurring texts from American Veterinary Group, including those sent via an ATDS and other technologies, at the mobile telephone number associated with your opt in; and, that we can use an electronic record to document your consent. You also agree that your information can be processed in accordance with our Privacy Notice. If you change or deactivate your mobile phone number, please contact us via email at [email protected] so that we can remove your number from any applicable text messaging programs.
 
As described above, AVG text messaging services may include separate messaging programs. Customers and Applicants may choose which text messaging services they receive, where applicable, and may opt in separately as described below. Consent to one category of AVG text messaging services does not, by itself, constitute consent to receive a different category of AVG text messaging services.
 
Customer transactional. Customers may choose to receive transactional or customer-care text messages, including messages about appointments at our Hospital Sites (such as confirmations, cancellations, and other appointment-related notifications) and messages regarding their account with AVG or our Hospital Sites, when they make an appointment, create an account, or update their communication preferences on our website or one of the hospital mobile apps. When a Customer agrees to receive transactional or customer-care text messages from AVG or our Hospital Sites, that Customer provides express written consent to receive those messages via an ATDS and other technologies on a recurring basis.
 
Recruiting or application-related texts. Applicants, where applicable, may also agree to receive transactional text messages related to employment opportunities or the application process, such as interview scheduling, reminders, application status updates, and similar communications. Applicants do not receive marketing text messages unless they separately elect to receive them.
 
Customer marketing texts. We will ask Customers whether they want to receive AVG or our Hospital Sites’ marketing texts, for example when they sign up for an account, in the preferences section of our website, in the preferences section of their preferred hospital app, and at other points throughout our relationship with them. Customers opt in by agreeing. When a Customer agrees, that Customer provides express written consent to receive recurring autodialed (or other technology) marketing texts with news, pet healthcare tips, pet education, special offers, and promotional discounts, including promotions on products and services at AVG, our Hospital Sites, and related services, at the mobile telephone number provided.
 
We confirm that you’ve opted in. It is important to us that we only send texts that you want, so we will send a confirmation text after someone opts into an applicable AVG text messaging service. When someone opts into AVG transactional, we will text the associated mobile telephone number to confirm that the recipient has agreed to receive those texts from AVG. We also let the recipient know that they can cancel their opt in by texting STOP in response or by clicking the link provided, where applicable.
 
When someone opts into recruiting or application-related texts, we may send a confirmation text to the associated mobile telephone number confirming that the recipient has agreed to receive recruiting or application-related text messages from AVG, where applicable, and advising the recipient that they may text STOP to opt out or HELP for support.
 
When someone opts into AVG marketing texts, we send the associated mobile telephone number two text messages. In the first text, we ask the recipient to reply “YES” to confirm that they have opted into AVG marketing texts and that they want to receive those texts on a recurring basis, or to respond by texting “STOP” to cancel their opt in. If we receive a “STOP” message, we will not send any more marketing texts to that number (unless we receive another opt in request), except that we may send an additional text letting the recipient know that the opt out has been processed
 
How to opt out of American Veterinary Group text messaging services.
 
You can always opt out of any part of American Veterinary Group text messaging services.
 
Customer transactional. Customers may opt out of AVG transactional or customer-care texts at any time by texting STOP to 60181 from the associated mobile telephone number, clicking on the link contained in our transactional or customer-care texts, where applicable, updating their communication preferences (either on our Websites or in their preferred hospital app), or calling 877-292-0524. Your opt-out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After that, you will no longer receive transactional or customer-care texts from AVG unless you re-enroll. If you change your mind and want to start receiving AVG transactional or customer-care texts again, just sign up as you did the first time
 
Recruiting or application-related texts. Applicants, if receiving recruiting or application-related text messages, may opt out at any time by texting STOP to [_______] from the associated mobile telephone number or by contacting us at [________] or [________], where applicable. Your opt-out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After that, you will no longer receive recruiting or application-related text messages from AVG unless you re-enroll or otherwise provide a new opt in.
 
Customer marketing texts. Customers may opt out of AVG marketing texts at any time by texting STOP to 60181 from the associated mobile telephone number, updating their communication preferences (either on our Websites or in their preferred hospital app), or calling 877-292-0524. Your opt-out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After that, you will no longer receive marketing texts from AVG unless you re-enroll. If you want to start receiving these texts again, just sign up as you did the first time.
 
Getting help
 
Please let us know if you need help with any part of the American Veterinary Group text messaging services. You can call us at 877-292-0524 or contact us using the Contact Us methods available on our website. For help with appointment and account related text messages, you can message your preferred Hospital Site or text HELP to 60181. If you need help with American Veterinary Group promotional texts, text HELP to 60181.
 
For additional help, please refer to our help page here.
 
Supported carriers for our texting services
 
Supported mobile carriers may change from time to time, but the texting services are currently supported on the following U.S. carriers for SMS messages: Sprint, Verizon, AT&T, T-Mobile, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). Texting Services are currently supported on the following U.S. carriers for MMS messages: Sprint, Verizon, AT&T, and T-Mobile
 
Please note, however, that the supported mobile carriers may change without notice, and the texting services you opt into, including those operated through a different number, may be limited to specific carriers. We and the mobile carriers are not liable for delayed or undelivered messages.
 
Privacy
 
American Veterinary Group text messaging services may sometimes convey information of a personal nature. For Customers, this may include appointment information, booking information, confirmations, pet service updates, and service details. For Applicants, where applicable, this may include interview scheduling, application status updates, and other communications related to employment opportunities or the application process. Whoever has access to your mobile phone or carrier account may also be able to see this information. By opting into a particular service, you acknowledge and agree to this and understand that text messages are sent without encryption, which presents some security risk. If you have any questions regarding privacy, please read our Privacy Notice.
 
Disclaimers
 
American Veterinary Group text messaging services are offered on an “as-is” basis and may not be always available in all areas and may not continue to work in the event of a product, software, coverage, or other changes made by your wireless or internet provider. We will not be liable for delays or failures in the receipt of any messages connected with any of our electronic messaging services.
 
Changes to the American Veterinary Group text messaging services and terms
 
You agree that AVG may, at any time and for whatever reason change, terminate, limit or suspend the American Veterinary Group text messaging services (in whole or in part) or your access to our text messaging services. We reserve the right to alter message frequency at any time. AVG also reserves the right to update or revise the American Veterinary Group Messaging Terms at any time. Notwithstanding the foregoing, your use of the American Veterinary Group text messaging services after such changes signifies your acceptance of the revised terms.
 
Termination
 
We may terminate all or any part of the American Veterinary Group text messaging services or your participation in any such service at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but the American Veterinary Group Messaging Terms will still apply. Upon any termination, any rights granted to you with regard to the American Veterinary Group text messaging services will immediately cease.
 
Limitation of liability
 
We don’t limit or exclude our liability where that would be illegal. For example, some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.
 
IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, We (and any of our PARENTS, SUBSIDIARIES AND affiliated companies, employees, agents, OFFICERS, shareholders, and directors) are not liable to you or any third person for: any special, incidental, indirect, punitive, EXEMPLARY, or consequential damages; AND, ANY loss of use, profit, BUSINESS, revenue, or data. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM arises from these TERMS, ANY OTHER PART OF THE AGREEMENT, OR OUR TEXT MESSAGING SERVICES; (3) WHETHER OR NOT we knew or should have known about the possibility of such damages; or, (4) WHETHER OR NOT the limited remedies provided in this section fail of their essential purpose.
 
EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR TO ANY THIRD PARTY TO $100 US.
 
Dispute resolution
 
We want to try to sort out any disagreements through Information Dispute Resolution. If a dispute or disagreement arises between you and American Veterinary Group, before filing a claim or arbitration, you and American Veterinary Group will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized Notice of Dispute to us at [email protected] that includes (1) your name, phone number, email address for and (2) a description of the dispute or disagreement and how you’d like it resolved. If American Veterinary Group has a dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and American Veterinary Group must cooperate to schedule that meeting by phone or videoconference. You and American Veterinary Group each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
 
Judicial Forum for Disputes. You and American Veterinary Group agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Florida, USA, subject to the mandatory, individual arbitration provisions, below. Both you and American Veterinary Group consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.
 
Controlling Law. Any claim, Dispute, or other matter arising under or in connection with our text messaging services or the Agreement (which includes these American Veterinary Group Messaging Terms, Terms of Service for the Digital Platforms, our Privacy Notice, and every other part of our Agreement) shall be governed by and construed in accordance with the internal laws of the State of Florida, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.
 
The foregoing provisions, under “Dispute Resolution,” will continue to apply even if you validly opt out of mandatory individual arbitration and class action waiver. Consent to mandatory individual arbitration and class action waiver.
 
Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won’t file a lawsuit, have your Dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). If you agree to this mandatory individual arbitration provision, you waive those rights; and, instead of being decided by a judge or jury in court, your Dispute will be submitted to a neutral third person (an “arbitrator”) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your Disputes in a court.
 
Please read this provision carefully. Unless you opt out, in accordance with our instructions, below, all Disputes between you and American Veterinary Group shall be resolved by binding, individual arbitration. Except as otherwise provided, entering the American Veterinary Group Messaging Terms constitutes a waiver of your right to litigate claims with American Veterinary Group in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.
 
We both agree to arbitrate our claims. You and American Veterinary Group agree to resolve any claims relating to or arising from our text messaging services, this and prior versions of the American Veterinary Group Messaging Terms, and every other part of our Agreement (“Disputes”) through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions to the agreement to arbitrate, which are described below. This includes, but is not limited to, Disputes arising out of or relating to this mandatory, individual arbitration provision and threshold questions of whether or not the Dispute can be arbitrated.
 
NO CLASS ACTIONS. You and American Veterinary Group agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and, except as provided in the section below regarding “Batch Arbitration,” Disputes between us cannot be arbitrated or consolidated with those of any another person or entity. This means that you, and AVG, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.
 
Arbitration Procedures. To initiate arbitration, either you or American Veterinary Group must first complete the Informal Dispute Process, wait until the Informal Dispute Resolution Period has end, and then must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve American Veterinary Group with any arbitration demand by mail to:
 
American Veterinary Group, LLC
c/o Legal Department
4301 Anchor Plaza Parkway
Tampa, Florida 33634
 
If American Veterinary Group has a Dispute with you, we will send an arbitration demand to the email we have on file for you.
 
The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person only and the arbitration will be conducted as “documents-only”, even if the “Batch Arbitration” section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Tampa, Florida.
 
The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms. But if you are using the Services as a business, and the claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by these Terms. The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law.
 
All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled “Dispute resolution” and “Consent to mandatory individual arbitration and class action waiver”, including any party’s compliance with the Informal Dispute Resolution process.
 
Arbitration fees. Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).
 
Arbitration award. Except in a Batch Arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant’s individual claims, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and American Veterinary Group, except for any right of appeal as provided by the FAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.
 
Batch arbitration. If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120-day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (“Batch”). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this “Batch Arbitration” section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
 
Exceptions to the agreement to arbitrate. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of our text messaging services or infringement on intellectual property rights.
 
You may opt out of this mandatory individual arbitration provision and class action waiver. If are a new participant in our text messaging service, and you do not consent to this mandatory individual arbitration provision, you can opt out within 30 days after the date on which you first opt in to our text messaging services and accept these Terms. To opt out, you must timely send a written notification to [email protected] or timely mail your written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with American Veterinary Group.
 
American Veterinary Group, LLC
c/o Marketing Department
4301 Anchor Plaza Parkway
Tampa, Florida 33634
 
Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. Any opt out request received after the deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
 
Continuation. This provision shall survive the termination of your service with American Veterinary Group, our Hospital Sites, our parents, subsidiaries, and affiliates.
 
Severability. If any part of the “Dispute resolution” or “Consent to mandatory individual arbitration and class action waiver” sections is found to be unenforceable, it will be severed, and the rest of this section will remain in full force except as follows. If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration provisions is null and void. Otherwise, the terms of this provision will survive termination of the American Veterinary Group Messaging Terms and the text messaging services.
 
Miscellaneous
 
Entire Agreement. The Agreement (which includes these American Veterinary Group Messaging Terms, Terms of Service for the Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) is the entire agreement between you and American Veterinary Group with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).
 
Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these American Veterinary Group Messaging Terms, the Terms of Service for the Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.
 
Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.
 
Your comments and questions:
 
Please use the Contact Us methods available on our Digital Platforms if you have any questions, requests or comments.
 
©2026 American Veterinary Group. All Rights Reserved.