THE HOUSE CALL VET ACADEMY®
TERMS OF PURCHASE
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer” or “You”) agree to be provided with products, Trainings, or services by Dr. Eve Harrison (“Dr. Eve”), acting on behalf of Marigold Veterinary, Inc., The House Call Vet Academy (“Company”), a California LLC with its principal place of business located at 14358 Magnolia Blvd., Apt. 309, Los Angeles, CA, 91423. These Terms provide the terms for an online training as described herein (“Customer Terms”). Training shall be offered by Dr. Eve Harrison (“Dr. Eve”) for the purposes of providing education to veterinary students or professionals on starting and/or operating a veterinary business (“Training”). You are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
GENERAL TERMS.
Upon execution of this Agreement, electronically, verbally, or otherwise, Dr. Eve agrees to provide services in accordance with The House Call Vet Academy® (the “Training”).
The scope of services rendered by Dr. Eve pursuant to this Agreement shall be solely limited to those contained therein and/or provided for on Dr. Eve’s Website https://www.dreveharrison.com (the “Website”) as part of the Training.
The Customer agrees to be open, present and prepared to complete the work. The Customer is responsible for his/her own success and implementation of objectives met.
The content included in the Training is for your individual, non-commercial use. Customer agrees not to share login details and/or Training materials with any third parties, as detailed further below.
Substitution of participants is not permitted. The Training is non-transferable and can only be used by the original Customer who purchased the Training.
Dr. Eve reserves the right to remove the Customer from the Training at any time for any reason.
The Training includes the following:
On-Demand course materials, including videos with templates, checklists, and assignments;
Monthly Group Coaching Calls;
Access to group support and accountability through monthly coaching calls;
One (1) year of access to the course materials;
Exclusive Facebook Community; and
>Thirty (30) hours of Registry of Approved Continuing Education (RACE) Approved Continuing Education (CE) upon completion of the entire program.
CUSTOMER ACKNOWLEDGEMENTS & ADDITIONAL TERMS. The Customer agrees to be open minded to Dr. Eve's methods and partake in sessions as proposed. The Customer understands that Dr. Eve has made no guarantees as to the outcome of the sessions or Training.
Customers are strictly prohibited from using practices, methods, frameworks, and other Training Materials (the “Material”) for Customer’s teaching or coaching purposes (i.e. Customers cannot use the Material for the purposes of training others on the subject matters). Under no circumstances shall the Materials be resold to third parties by Customer (directly or indirectly). You agree to credit The House Call Vet Academy or Dr. Eve Harrison when publicly referencing the practices and methods learned in the Training.
The Customer is taking the Training solely for the benefit of their own independent house call or mobile veterinary business. The Customer agrees not to present the intellectual property featured in the Training as their own original material in any context (i.e., social media posts, social media comments to others, or to any other company or mobile veterinary service by which they may be employed).
While participating in the Training and/or one-to-one coaching with Dr. Eve Harrison, and for a period of two (2) years following completion of the Training or coaching, Customer will NOT create an academy, retreat, continuing education, lectures, or education course similar to any courses, workshops, lectures, or conferences within The House Call Vet Academy; or position themselves as a formal mentor, consultant, coach, writer, provider of continuing education, or public speaker for practicing veterinarians or veterinary students in the subjects that are contained in this course.
NOT ALL SHARING IS CARING. We have invested a lot of time and money into creating and protecting our framework & materials as intellectual property and ask the same respect from you. If you want to expand your options for the distribution or teaching of our frameworks, aspects of our curriculums, or if you would like to teach or lecture on subjects similar to those taught inside The House Call Vet Academy Trainings, please reach out to us about additional licensing tiers.
The Customer agrees he/she is NOT participating in the Training course as a representative or agent of a house call veterinary chain, franchise, or large multi-location corporation.
You, the Customer, swear under penalty of perjury that You are seeking education through this Training solely on your own behalf and not as an agent or representative of any Federal, State, County, or City Agencies; that you neither represent any Board (e.g. Veterinary, Zoning, etc.) or Licensing Agency (e.g., government, healthcare, etc.); nor are you on a mission of entrapment or investigation on behalf of these entities or any other agencies either on this or any subsequent appointment(s). You agree to pay reasonable liquidated damages, not to exceed $25,000 USD (Twenty-Five Thousand United States Dollars and no cents), if you are found to be in violation of this covenant.
Non-Solicitation. During the Term hereof, and for two (2) years after the termination of this Agreement (“Restricted Period”), Customer shall not solicit or cause another to solicit for the others benefit, or for the benefit of any other person or entity, any Customer or potential Customer of Company without first obtaining the written consent of Company. The term “Customer” shall refer to any individual, business or other entity who was doing business with Company prior to the date Customer entered into this Agreement, or who was introduced to Company by Customer after the date Customer entered into this Agreement; and the term “Potential Customer” shall refer to any individual, business or other entity who or which was not, at the relevant time, an actual Customer of Company but who or which, at such time, had disclosed confidential information to Company regarding his/her/its Trainings or needs, or to whom or which a proposal for service had been made by Company. During the Term hereof and Restricted Period, Customer shall not solicit or cause another to solicit for the other’s benefit, or for the benefit of any other person or entity, any employee or independent contractor of Company without first obtaining the written consent of Company.
Monitoring and Enforcement; Termination.
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website, Courses, or Private Facebook group associated with the House Call Vet Academy®, for any or no reason, including without limitation, any violation of these Terms of Use.
- If your access is terminated for violation of any of these terms, plagiarism, misappropriation of trade secrets, or for disrespectful behavior towards Dr. Eve Harrison or her team, you are still responsible for completing payment on the full tuition of any program you have purchased.
PAYMENT AND REFUND POLICY.
Upon execution of this Agreement, Customer agrees to pay Dr. Eve the full purchase amount as either a one-time payment or twelve (12) monthly payments as outlined on the Website.
The Company does not offer refunds to ensure that Customers are fully committed to the Training.
Late Payments. The Company reserves the right to charge ten percent (10%) interest per annum upon any outstanding sum left unpaid on or after fourteen (14) calendar days from the due date. After thirty (30) days of outstanding payment, the Company reserves the right to engage a collections agency, upon which the Customer will owe the total amount of any outstanding payments plus any collection costs incurred by the Company, including reasonable attorney’s fees.
Chargebacks. Customer agrees not to attempt any chargebacks with his/her/its bank, credit card company or payment processor related to this Agreement. In the event of a chargeback attempt, Customer will be in breach of this Agreement, and in addition to all other remedies available to Company, Customer expressly agrees to forfeit access to any and all Training Materials. The Company reserves the right to present proof of the Customer’s access to the financial institution investigating the dispute.
Recurring Payments. To ensure compliance with payments under any installment plan herein, and before the Effective Date, Customer will provide Company with Customer’s necessary credit card information (“Account”). Customer authorizes the Company to deduct the amounts due each month under any applicable installment plan from Customer’s Account (“Auto Debit”). No prior notification will be provided to the Customer for each Auto Debit. This authorization will remain in effect until the fees are paid in full. Customer agrees to notify Company in writing of any changes in the Account information. In the case of an Auto Debit transaction being rejected for insufficient funds (“NSF”), Customer agrees that Company may at its discretion attempt to process the charge again within thirty (30) calendar days of the failed attempt and agrees to an additional $100 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized payment. Customer certifies that he/she/it is an authorized user of the Account and will not dispute the scheduled transactions with his/her/its credit card company; provided the transactions correspond to the terms indicated herein.
DISCLAIMERS. By participating in the Training, Customer acknowledges that Dr. Eve is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Training is in no way to be construed or substituted as psychological counseling, any other type of therapy or legal or professional advice.
Dr. Eve may provide the Customer with information relating to products that she believes might benefit the Customer, but such information is not to be taken as an endorsement or recommendation. Dr. Eve is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or training provided.
Any testimonials, earnings, or examples shown through Dr. Eve’s website are only examples of what may be possible for Customer. There can be no assurance as to any particular outcome based on the use of Dr. Eve’s Trainings, courses, and/or services. Customer acknowledges that Dr. Eve has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Dr. Eve’s website, Trainings, products or services.
LICENSE & CERTIFICATION TERMS.
The Company hereby grants Customer a single license to use all Training Materials free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, and royalty-free, to the extent necessary to enable Customer to make use of the Training Materials for Customer’s own veterinary business and no other commercial purposes. Training Materials may not be reproduced for any reason and any sharing, public discussion or publication of the Training Materials with third parties is strictly prohibited.
Graduates of The House Call Vet Academy® (HCVA) may be considered certified as an “HCVA Veterinarian.” As one of the benefits of successfully completing our Training, we provide You with a certification badge. This badge demonstrates to the public that you have completed our training and is intended for the purpose of promoting your certification. Please note that The House Call Vet Academy® (HCVA) is a federally registered trademark. Modifications are prohibited, as it is essential that all certified students display the badge in its original form to ensure consistency and maintain brand integrity. Additionally, as a certified HCVA Veterinarian. You agree to the HCVA code of ethics provided to you. By displaying your certification badge, you understand that our code helps to maintain the integrity of this certification in our profession. You also understand that, if issues arise that may cause reputational or any other kind of harm to the House Call Vet Academy community and other certified practitioners, the Company reserves the right to revoke Your right to display the certification badge or the HCVA logo.
INTELLECTUAL PROPERTY RIGHTS.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to Customer under this Agreement, including any practices, resources, processes, assessments, tools, or methodologies, that Customer learns in the Training (collectively, the “Materials”) is owned by Company. Any third-party content included in the Materials is used with permission, and Customer's rights to use such content are subject to the terms of this Agreement. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Dr. Eve or any third party to the Customer, nor grant any right or license other than those stated in this Agreement. Dr. Eve reserves the right to immediately remove the Customer from the Training, without refund, if you are caught violating this intellectual property policy.
As a member of the House Call Vet Academy®, You will be held to the highest principles of academic & entrepreneurial integrity. Proprietary language, original systems, and wording that is unique to Dr. Eve Harrison's own mobile practice that is shared with you, including Customer communication templates, language used on any of Dr. Eve Harrison's own websites or public facing materials may not be used on any of your own public facing websites, or on social media. It is prohibited to display public facing use of a verbatim or derivative version of Dr. Eve Harrison's work, writing, or intellectual property. You may use Customer communication templates and suggested wordings provided in the House Call Vet Academy in private direct communication with your customers only. Sharing screenshots in Facebook groups or on social media of yourself using language with your customers provided by Dr. Eve Harrison or derived from Dr. Eve Harrison's wording is strictly prohibited.
MEDIA & TESTIMONIAL RELEASE. Customer agrees that any testimonials provided to Company may be made public and utilized for marketing purposes in perpetuity without additional compensation or approval, provided such use is consistent with applicable privacy laws and regulations. Company may take photographs, videos, or audio recording during the Training that Company may use for future commercial or non-commercial purposes. Customer agrees and understands that by participating in the Training, Customer is consenting to being recorded and photographed and to the use of Customer’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit. Customer agrees that the Company may use any written statements, images, audio recordings or video recordings of Customer obtained while enrolled in the Training. This includes any content Customer may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Training.
CONFIDENTIALITY AND NON-DISCLOSURE. For purposes of this Agreement, “Confidential Information” means any information, technical data or know-how, including, but not limited to, that which relates to research, Trainings, Customer information, trade secrets, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing or finances, disclosed orally and/or in written and/or electronic form, and which is marked or identified by the disclosing party as “proprietary” or “confidential”. Customer acknowledges and agrees that this Agreement creates a unilateral obligation of confidentiality on Customer's part with respect to Company's Confidential Information. Customer agrees not to disclose, reveal or make use of any information obtained by Customer during discussions, sessions, or otherwise. The Customer agrees that they will not disclose Confidential Information of the Company to any third party or use Confidential Information of the Company except for the Purpose of fulfilling this Agreement, without the prior written consent of the Company, except as required by law or regulation, in which case Customer shall provide Company with prompt written notice prior to such disclosure to allow Company to seek a protective order or other appropriate remedy. Company and Customer agree to comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as they pertain to the collection, processing, and storage of personal data. The geographic jurisdictions that apply to this agreement include the United States and the European Union.
Customer shall not disclose details of the Company’s curriculum, class format outlines or other details specific to the Company’s classes or products. Customer shall keep all information related to the Company’s training, class format outlines and other details confidential at all times. As part of this Agreement, Customer agrees not to teach, utilize in any way, or market the Company’s classes or utilize the Company’s class formats, class titles, or similar to teach Customers.
NON-DISPARAGEMENT. The Parties agree and accept that any disputes shall be resolved exclusively through the dispute resolution process set forth in this Agreement. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Dr. Eve or any of its Trainings, affiliates, subsidiaries, employees, agents or representatives.
DISCLAIMER OF WARRANTIES. The information, education, and training provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory, including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using the Company’s services and purchasing this Training, the Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such a transaction. Customer agrees that Dr. Eve will not be held liable for any damages of any kind resulting from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Training. The Customer agrees that use of this Training is at their own risk, except for any liability that cannot be excluded under applicable California law.
INDEMNIFICATION. Customer agrees to indemnify and hold harmless the Company, Dr. Eve, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Customer’s participation and/or action(s) under this Agreement. Customer agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Customer’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Los Angeles, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect.