Pet Parent Terms Of Service

Services can only be accessed via your use of the applicable App. Certain Services are available on a pay as you go or a la carte model. Services are also available in various packages under a subscription model (each a "Membership Service"). Users may subscribe to a Membership Service plan directly (a "Direct Membership"), or may register for an account to receive Membership Services as part of a package of services or benefits that a User is entitled to through that User's relationship with Customer of other products or services who has a commercial arrangement with AIRVET ("Sponsored Membership"). The scope of what is included in your Membership Services package can vary. Services are available only at the individual user level and are not permitted for use by commercial or business accounts.

Telehealth and/or Telemedicine Veterinary Medical Services may be provided on an a la carte basis or as part of a Membership Services Package. The independent veterinary professionals ("Providers") who deliver Telehealth and/or Veterinary Medical Services through AIRVET are independent professionals solely responsible for the services each provides to you and your pets. Not all providers are employees of AIRVET, and AIRVET cannot guarantee their credentials or the quality of their services. When you book an appointment, you are booking with a Provider. Similarly, when you fill a prescription, you are purchasing that prescription with our third-party pharmacy provider or the pharmacy of your choosing. AIRVET is only the facilitator of such transactions. As part of offering the Services, AIRVET does not, (i) practice veterinary medicine, veterinary technician services, pharmaceutical services, or any other licensed profession, or (ii) interfere with the practice of veterinary medicine, veterinary technician services, pharmaceutical services, or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither AIRVET nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any damages allegedly caused by the professional advice you or your pet obtains from a Provider via the Services.

Except for information provided directly by a Provider, none of the content found on the Platform or via the Services should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for your pet. AIRVET is not a party to any transactions between Users of the Platform, so any part of an actual or potential transaction between a Provider and a User, including the quality, safety or legality of the virtual veterinary care or other services advertised, the truth or accuracy of the advertisements (including the content thereof or any reviews), the ability of Providers to provide virtual veterinary care services, prescribe medications or your ability to contract for such services are solely your responsibility. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before obtaining virtual veterinary care, pharmaceutical and other services.

When you register for any and all Services or the Platform (including, without limitation Sponsored Memberships), you are required to create an account ("Account") by entering your name, email address, password and certain other information collected by AIRVET (collectively "Account Information"). To create an Account, you must be at least the age of majority in your jurisdiction of residence. If you are not of legal age to form a binding contract, you may not register to use our Platform. All personal information associated with your Account or your use of the Platform is collected, used and disclosed in accordance with our Privacy Policy. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Platform will be true, accurate, current, and complete.

The Services are not directed to children and children are not eligible to use our Services or the Platform. If we later obtain actual knowledge that you are under the age of majority in your jurisdiction of residence, we will take steps to remove your personal information from our databases. By using our Services or the Platform, you represent that you are at least the age of majority in your jurisdiction of residence.

Your right to access and use the Platform is personal to you and is not transferable by you to any other person or entity. You are entirely responsible for maintaining the confidentiality of your user ID and password and for any and all activities that occur under your Account. You may not use the Account of any other user, without that user's permission. You agree to immediately notify AIRVET of any unauthorized use of your user ID or password or any other breach of security and to select a new user ID and password if you believe your Account has been compromised. Further, if we suspect any unauthorized access to your Account, upon our request, you agree to promptly change your user ID and password and take any other related action as we may reasonably request.

To use the Platform, you must have a compatible device, and we do not warrant that the Platform will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Platform. Use of the Platform requires Internet access or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to accessing the Platform.

AIRVET cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Each user acknowledges and agrees that: (i) AIRVET will not have any liability to any user for any unauthorized transaction made using your user ID or password; and (ii) the unauthorized use of your user ID and password for your Account could cause you to incur liability to both AIRVET and other users.

User verification on the Internet is difficult, and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a user through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person's identity.

AIRVET and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Platform or Services. While you are using the Platform or Services, you may not opt out of receiving operational text messages from AIRVET. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

Subject to these Terms, we hereby grant to you a limited, non-exclusive, non-commercial, non-transferable, non-sublicensable, revocable license to download and install the App for your device and to access the Services applicable to Your Account and to use such Services (including the Platform) solely for your personal non-commercial use. AIRVET reserves for itself and its licensors any rights not expressly granted in this agreement. We reserve the right, in our sole discretion, to deny, suspend, or terminate use of the Services or Platform to anyone for any reason. You agree that you will not, and will not attempt to, directly or indirectly, nor shall you authorize any person or entity to do, any of the following:

1. use the Platform for any purpose or in any manner not specifically authorized by this agreement or otherwise in violation of the terms hereof;
2. make any copies or prints, or otherwise reproduce or print, any portion of the Platform, whether in printed or electronic format;
3. distribute, republish, download, display, post, or transmit any portion of the Platform;
4. create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble the Platform or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Platform or any software, documentation, or data related to the Platform;
5. modify, adapt, translate, or create derivative works from or based upon any part of the Platform, or combine or merge any part of the foregoing with or into any other software, document, or work;
6. refer to or otherwise use any part of the Platform as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us;
7. remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the Platform, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing;
8. fail to preserve all copyright and other proprietary notices in any copy of any portion of the Platform made by you or on your behalf;
9. sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the Platform without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable);
10. use the Platform to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this agreement;
11. use the Platform to store, receive, or distribute any information in violation of any applicable law, regulation, ordinance, or guideline or otherwise use the Platform in violation of any applicable law, regulation, ordinance, or guideline;
12. diminish or infringe any intellectual property rights in and to the Platform or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed in association with the foregoing;
13. cause the Platform to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy;
14. promote, condone, or incite violence, dangerous acts, or discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic; threaten, harass, or bully any person; or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene;
15. impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents, or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;
16. act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening;
17. collect, store, receive, process, use, disclose, manipulate, track, or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code;
18. use any device, software, methodology, or routine to interfere with or disrupt the Platform or the servers or networks connected to the Platform by trespass or burdening network capacity;
19. harvest, access, or collect information about other Platform users or customers of Company;
20. restrict or inhibit any other person from using the Platform, including without limitation by means of "hacking" or defacing any portion thereof;
21. "frame" or "mirror" any portion of the Platform;
22. use any robot, spider, other automatic device, or manual process, to "screen scrape," monitor, "mine," or copy any portion of the Platform;
23. process data on behalf of any third party without obtaining proper rights, permissions, licenses, consents, and/or authorizations; or
24. attempt to do or assist any party in attempting to do any of the foregoing.

Although we have no obligation to monitor use of the Platform, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this agreement. In addition, you agree to refrain from abusive and/or inappropriate language as well as any unprofessional behavior when communicating with Providers or AIRVET personnel through the Platform directly or indirectly. AIRVET expressly disclaims any interactions with Providers that are not conducted through the Platform. We strongly recommend that you do not use the Platform on public computers. We also recommend that you do not store your Account password through your web browser or other software.

Certain features of the Platform may permit Users to upload content to the Platform, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively with the Recordings, "User Content"). For additional information about how AIRVET collects, uses, and discloses certain categories of User Content, see the Privacy Policy. You may submit certain User Content to be posted by AIRVET publicly, such as User reviews. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Platform. By providing User Content to or via the Platform, you grant AIRVET a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and share your User Content with a Provider or another vet that you designate, and, as applicable, to the Customer related to you if you are using the Platform pursuant to a Master Services Agreement between us and a Customer, in whole or in part, in any media formats and through any media channels now known or hereafter developed. In addition, with respect to User Content that you submit for posting, you grant AIRVET a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and share or distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. If a Provider, Customer, or another User requires access to your User Content, you grant those Providers, Customers, or Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform. You waive any moral rights which you might hold over User Content.

Depending on your Membership Services plan, you and/or the Customer agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Current fees and billing terms for the Services and Platform will be as described by AIRVET prior to your use of the Platform and Services, and such fees and billing terms may be updated by AIRVET from time to time in its sole discretion. By providing AIRVET with your credit card number or other payment account and associated payment information, you agree that AIRVET or its service providers are authorized to immediately invoice your account for all fees and charges due and payable to AIRVET hereunder and that no additional notice or consent is required. AIRVET, at its sole discretion, may make promotional offers with different features and different pricing to any of AIRVET's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Membership Services that are Direct Memberships may include automatically recurring payments for periodic charges for membership subscription services you purchase that automatically renew unless canceled. If you activate a subscription to a Membership Service under a Direct Membership, you authorize AIRVET to periodically charge the applicable subscription fees ("Membership Fees"), both at the start of the first subscription period and on a going-forward basis for each renewal period until cancellation of your Membership. The "Membership Billing Date" is the date when you first purchase the Membership Service. Your Membership Service subscription will continue unless and until you cancel your Membership Service subscription prior to the next Membership Billing Date. If you opt to purchase and pay for an upfront, annual subscription to a Membership Service, then AIRVET will send you notification of your upcoming renewal in advance of the Membership Billing Date. AIRVET will not send renewal notices for monthly subscription plans. You may cancel your Membership Service subscription for the next renewal period prior to the Membership Billing Date. Please note that, if you cancel a Membership Service subscription during the applicable Membership period, you will not receive any refunds or credits for that Membership period and you will remain liable to pay any additional associated fees. We will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership Service subscription by contacting us at: support@airvet.com.

You are entitled to a refund of your payment to AIRVET if (i) AIRVET encounters a technical issue which results in the inability of your Provider to complete a video consultation (this excludes device or internet connection issues on your end to access the video consultation or Service); or (ii) your Provider is unable to provide you with any information, guidance, or advice regarding your pet, as determined by AIRVET in its reasonable discretion.

If you believe you are entitled to a refund, please contact the AIRVET team as soon as possible by email to: support@airvet.com. We will then verify whether you are entitled to a refund and, if appropriate, complete the refund as soon as possible.

If you, however, are receiving Membership Services through a Sponsored Membership plan where the fees are fully subsidized by an employer or third party provider then you are not responsible for any Membership Service fees.

All financial transactions will be processed in U.S. dollars. You acknowledge and agree that you shall be personally responsible for all incurred expenses. AIRVET reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms. If AIRVET is required to collect or pay any taxes in connection with your purchases on the Platform, such taxes will be charged to you at the time of each purchase transaction.

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

AIRVET may provide tools through the Platform that enable you to export information to third party services, including through features that allow you to link your account on the Platform with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as "like" or "share" buttons). By using one of these tools, you agree that AIRVET may transfer that information to the applicable third-party service. Third party services are not under AIRVET's control, and, to the fullest extent permitted by law, AIRVET is not responsible for any third-party service's use of your exported information. The Platform may also contain links to third party websites. Linked websites are not under AIRVET's control, and AIRVET is not responsible for their content.

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AIRVET, its licensors or other providers of such material and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Platform and Services for your personal, non-commercial use only. You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform except as generally and ordinarily permitted through the Platform according to these Terms.

You may suggest improvements and/or communicate to us ideas, inventions, discoveries, or concepts ("Ideas"), and you may discover or create the Ideas jointly with us. You agree that any such Ideas shall be and remain solely the property of AIRVET and/or its licensors and may be used and sold, licensed, or otherwise provided by AIRVET and/or its licensors to third parties, or published or otherwise publicly disclosed, in AIRVET's and/or its licensors' sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to AIRVET any and all of your right, title, and interest in and to any such Ideas.

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. SERVICES AND THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AIRVET MAKES NO WARRANTIES AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, RELIABILITY OF PERFORMANCE AND FREEDOM FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND PLATFORM.

You acknowledge and agree that AIRVET does not provide veterinary medicine advice, pharmaceutical services, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting pet owners with independent third-party Providers, including veterinarians and other veterinary professionals in the AIRVET network. You acknowledge and agree that the Providers using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all veterinary medicine services, advice, instructions, treatment decisions, pharmaceutical services, and other veterinary health care services performed, and that all diagnoses, treatments, procedures, and other veterinary health care services will be provided and performed exclusively by or under the supervision of the Providers, in their sole discretion, as they deem appropriate. YOU ACKNOWLEDGE THAT THE PROFESSIONAL DUTY TO THE PET IN PROVIDING VETERINARIAN SERVICES LIES SOLELY WITH THE VETERINARY PROFESSIONAL PROVIDING THE SERVICE, AND AIRVET IS IN NO WAY LIABLE OR RESPONSIBLE FOR ANY OUTCOMES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AIRVET OR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. AIRVET'S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THESE TERMS IS LIMITED TO THE TOTAL AMOUNTS YOU PAID TO AIRVET THAT WERE RETAINED BY AIRVET (AFTER REMITTING AMOUNTS DUE TO PROVIDERS) IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

You agree to indemnify, release, defend and hold harmless AIRVET, its shareholders, officers, directors, managers, employees, agents, subsidiaries, affiliates, licensors, suppliers, successors and assigns from and against any claim, actions, demands, damages, liabilities and settlements, including without limitation reasonable legal and accounting fees ("Claims"), resulting from, or alleged to result from, (i) your violation of these Terms; (ii) use of your Account on the Platform; or (iii) User Content. In addition, you agree to indemnify, defend and hold harmless your Provider(s) from and against any third-party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Provider.

AIRVET reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AIRVET. AIRVET will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. These Terms and your use of the Platform shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California, for any action related to these Terms.

You understand that by checking the "agree" box for these Terms and/or any other forms presented to you on the Platform or otherwise using the Platform or Services, you are agreeing to these Terms and that such action constitutes a legal signature. Subject to applicable law, you agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Platform (collectively, "Communications") through electronic means including but not limited to: (i) by e-mail, using the address that you provided to us during registration, or (ii) by posting the Communications on the Platform. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications and unsubscribe to those Communications at any time by clicking "Unsubscribe" at the bottom of any such Communication, by contacting us by email at support@airvet.com or by canceling or discontinuing your use of the Platform. Doing so may have a material impact on our ability to provide the Platform to you.

No waiver by AIRVET of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AIRVET to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

AIRVET devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

Please report any violations of these Terms to support@airvet.com.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Platform or Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.copyright.gov/. In accordance with the DMCA, AIRVET has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to AIRVET, INC., 1255 Treat Blvd Suite 300 Walnut Creek, CA 94597. AIRVET will promptly terminate the accounts of users that are determined by AIRVET to be repeat infringers.

Except as otherwise expressly provided herein, these Terms (including the documents, pages, and additional terms referenced herein, including the Privacy Policy (as applicable), constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. We reserve the right, at our sole discretion, to modify, discontinue or terminate the Platform, including the, or this agreement, at any time and without prior notice.

In the event of a conflict between these terms and the Privacy Policy, these terms shall have the lowest priority, and the terms of the Privacy Policy shall prevail.