Last Updated September 15, 2023
1. Introduction
Please review these Terms of Use (“Terms”) carefully. These Terms govern your access to and use of the MetLife MyPets Website (“Application”) as owned and operated by MetLife, Inc. (“MetLife”) and for your use of tools and services and any content provided through the Application that we may provide to you (“Services”). Hereinafter “you” “your” means the User and “us” “we” or “our” refers to MetLife. You should review these Terms regularly as they may change at any time at our sole discretion. By continuing your access to the Application after any change to these Terms, you accept the updated Terms. You may not use the Application if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with MetLife. You agree that you access the Application at your own initiative and that your use of the Application and your use of and access to any content is solely at your own risk. The agreement for use of the Application is with you. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
2. Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS APPLICATION. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL PRODUCTS MADE AVAILABLE TO YOU ARE PROVIDED “AS IS” OR “AS AVAILABLE.” METLIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR WITH RESPECT TO THE MATERIALS AND SERVICES, ANY WARRANTIES OF ACCURACY, RELIABILITY, TIMELINESS, USEFULNESS, CURRENTNESS, COMPLETENESS OR PERFORMANCE; OR WITH RESPECT TO THE APPLICATION, ANY WARRANTIES OF OPERATION, SECURITY, AVAILABILITY OR FUNCTIONALITY.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY AND SOLE RISK FOR YOUR USE OF THE PRODUCTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
3. Privacy/Treatment of Information or Data Transmitted to Us
Personal information transmitted to us will be treated in accordance with our
Privacy Policy.
4. Your Use of the Application
You are solely responsible for maintaining the confidentiality and security of your MetLife MyPets account including username and password. You may not use another user’s MetLife MyPets account or permit a third party to use your MetLife MyPets account at any time. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate.
MetLife is not responsible for any losses arising out of the unauthorized use of your account, or if you lose or share access to your device.
This Application's content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this application's content is protected by trademark laws, the laws of privacy and publicity, and communication regulations and statutes. Subject to these Terms, MetLife grants you a limited, non-transferable, non-exclusive, revocable license to possess and use the Application for your personal and non-commercial use within the United States and its outlying areas for so long as you are permitted by MetLife to use the Application. In connection with the Application, you may not nor permit, encourage, assist or allow any third party to:
- use the Application for any commercial, fraudulent or otherwise tortious or unlawful purpose or otherwise modify the Application in any way;
- remove any copyright, trademark, or other proprietary rights notice from the Application;
- systematically download and store, reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, distribute, or otherwise exploit the Application;
- use the Application or MetLife’s trademark, URL, name, logo or brand within any meta tags, metadata or hidden texts or to send any form or method of advertising, promotional or other unsolicited materials, content or products;
- pose a security risk to, restrict or inhibit any person’s use of or interfere with or disrupt the operation of the Application, including without limitation by hacking or defacing any portion of the Application or violating any requirement, procedure or policy of MetLife;
- reverse engineer, decompile or disassemble any portion of the Application or frame, mirror or otherwise incorporate any portion of the Application into any product or service;
- make available through or in connection with the Application any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (collectively, “Computer Virus(es)”);
- harvest or collect information about users of the Application;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Application;
- cause injury or property damage to MetLife or any person or entity; or
- violate any law, rule, or regulation, or these Terms.
5. Ownership
You agree that we and our service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
6. PHOTO SUBMISSIONS
By posting or submitting your photo to the MetLife MyPets Website, you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the photo. You warrant and represent that you are the copyright owner of the photo submitted, or the copyright owner of such photo has granted you permission to use the photo. You understand that your photo, if approved, may be used in MyPets Healthcare brand advertisements without compensation to your pet or yourself and you consent to such use.
7. Export Restrictions
You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
8. Other Terms
You may not assign this User agreement. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.
9. Consent to Electronic Communications
You hereby agree to the use of electronic communication in order to enter into contracts and to request and receive Services, and agree and consent to the electronic delivery of notices, and other communications that we provide in connection with your account or Services (the “
Communications”). Such Communications will be sent to the email address and/or cell phone number that you provide during the registration process and as may be updated by you from time to time through the methods we designate. By entering into the Agreement, you are providing your consent to receive emails and text messages from us and our partners.
10. Electronic Signature
You further understand that by requesting Services, entering your personal information where prompted, and indicating acceptance of the Agreement online, you are submitting an electronic signature and entering into a legally binding contract with us for such Services.
11. By Providing Content, We Do Not Allow You to Use Trademarks Referenced in This Application
MetLife Services and Solutions LLC is the copyright owner of all text contained on this application. METLIFE® and other trademarks and service marks of Metropolitan Life Insurance Company, or its subsidiaries or affiliates that may be referred to on this application are the property of Metropolitan Life Insurance Company or one of its subsidiaries or affiliates. Other parties' trademarks and services marks that may be referred to are the property of their respective owners. Nothing on this application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of MetLife, Inc., Metropolitan Life Insurance Company, MetLife or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this application, without prior written permission. You are not authorized to use our logo as a hyperlink to this application unless you obtain our written permission in advance.
12. We Are Not Providing Investment Advice Nor Soliciting Offers
Nothing in this Application constitutes legal advice or investment advice, including our filings with the U.S. Securities and Exchange Commissions (SEC). In addition, our investor relations materials and our other application content are not offers to sell or solicitations of any offer to buy any security or any insurance product. No security offered by MetLife, Inc., its subsidiaries or affiliates is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities law or other laws of such jurisdiction. No such security is offered or will be sold in any jurisdiction by an entity which is not properly licensed to do so in such jurisdiction. Information provided in the Application is for informational purposes only and is not intended to make any recommendations with respect to the purchase or investment in any product or investment.
13. All Products, Programs and Services May Not be Available in Your Area
This Application is controlled by us from our offices within the United States of America. Except as specifically stated, we make no representation that content or materials in this application are appropriate or available for use in other jurisdictions. Access to this application content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this application from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this application in violation of U.S. export laws and regulations.
The laws of the State of New York will govern the content and materials contained in this application, without giving effect to any principles of conflicts of laws.
14. Network Access and Devices
We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users.
You are responsible for obtaining and maintaining the data network access necessary to use the Application. Your mobile network’s data and messaging rates and fees may apply if you access or use the Application from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates to the Application. MetLife does not guarantee that the Application, or any portion thereof, will function on any particular hardware or device. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet, electronic communications and technology.
15. MetLife is Not a Credit Repair Company, Credit Reporting Agency, Broker or Advisor
You acknowledge that MetLife is not a credit repair company or similarly regulated organization under applicable laws, and
does not provide debt settlement services, credit repair services, or advice or assistance regarding rebuilding or improving your credit record, credit history, or credit rating nor do we provide any representation that the information we provide will actually repair or improve your credit profile. The information and recommendations contained in the Application are not intended to be and should not be relied upon as legal, tax, investment or financial advice. The information may not be updated regularly and therefore some of the information may not be current. MetLife is not responsible for any errors or omissions. We accept and by your use of the Application you agree MetLife has no liability for any loss or damage arising from the use of the Application or the recommendations given to you as a user of the Application. Each individual’s legal, tax, and financial situation is unique; therefore, you are advised to consult with your own attorney, accountant, and financial advisor regarding your specific circumstances. Where available, information provided via the Services is for your educational and reference purpose only. . Consult the services of a competent licensed professional when you need any type of this assistance. You acknowledge that MetLife is not a "consumer reporting agency" as that term is defined in the Fair Credit Reporting Act as amended.
16. WAIVER OF JURY TRIAL AND CLASS ACTION
You agree that, with respect to any dispute with us or our service providers, arising out of or relating to your use of the Services or these terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
17. SUSPENSION AND TERMINATION
MetLife may modify, restrict, suspend or discontinue all or any portion of the Application at any time without notice to you. If the Application is discontinued, all personal information will be disposed of in accordance with our Privacy Policy. These Terms are effective unless and until they are terminated by us or by you. You may terminate these Terms at any time, provided you discontinue any further use of the Application. We may suspend or terminate these Terms at any time, immediately without notice, and deny you access to the Application, if in our sole discretion, you fail to comply with any provision of these Terms.
18. MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe your work has been copied and is accessible on the Web Site in a way that infringes your copyright, you may request removal of those materials from the Web Site by submitting written notification to our DMCA agent designated below. For your notice to be valid under the DMCA, it must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including name, postal address, telephone number, and, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe material you posted on the Web Site was removed by mistake or misidentification, you may file a counter notification with us by submitting written notification to our DMCA agent designated below. We will restore your removed content if the party filing the original DMCA notice does not file a court action against you within ten business days of receiving the copy of your counter notice. For your counter notice to be valid under the DMCA, it must include substantially the following:
- Your physical or electronic signature;
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Web Site with the complaint at issue.
Under the DMCA, if you knowingly, materially misrepresent that material or activity on the Web Site is infringing your copyright or was removed or disabled by mistake or misidentification, you may be held liable for damages, including costs and attorneys' fees.
In accordance with the DMCA and other applicable law, it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. We may also at our sole discretion limit access to the services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Our designated copyright agent to receive DMCA notices and counter notices is:
MetLife Copyright Agent
Attn: MetLife Law Dept.
200 Park Avenue
New York, NY 10166
Phone: 1-855-351-6855
Email: hostmaster@metlife.com
Note that to make a claim of infringement, you will be required to make a declaration, under penalty of perjury, that the information contained in your claim is correct and that you are the Intellectual Property Rights owner or an agent of the owner. If the information you submit is not accurate or complete, we may be unable to process or respond to your request. If you have questions about what intellectual property infringement is, or whether your rights were infringed, consider seeking legal advice.
FRAUD WARNING NOTICE
The undersigned is an authorized representative of the applicant and certifies the information provided to obtain this coverage is accurate to the best of their knowledge; this includes any applications, location schedules, valuation statements, loss history information and engineering reports.
The following statement applies in all states except those noted below: Any person who knowingly and with intent to defraud any insurance company or another person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects the person to criminal and civil penalties.
Alabama, Arkansas, District of Columbia, Louisiana, Minnesota, New Mexico, Ohio, Rhode Island and West Virginia: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Alaska: A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete or misleading information may be prosecuted under state law.
Arizona: For your protection, Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
California: For your protection California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Colorado: It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
Delaware: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.
Florida: Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.
Idaho, Indiana and Oklahoma: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
Kentucky: Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.
Maine: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
Maryland: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
New Hampshire: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is subject to prosecution and punishment for insurance fraud as provided in RSA 638:20.
New Jersey: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.
New York: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
Oregon: Any person who knowingly presents a materially false statement of claim may be guilty of a criminal offense and may be subject to penalties under state law.
Pennsylvania: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
Puerto Rico: Any person who knowingly and with the intention to defraud includes false information in an application for insurance or files, assists or abets in the filing of a fraudulent claim to obtain payment of a loss or other benefit, or files more than one claim for the same loss or damage, commits a felony and if found guilty shall be punished for each violation with a fine of no less than five thousand dollars ($5,000), not to exceed ten thousand dollars ($10,000); or imprisoned for a fixed term of three (3) years, or both. If aggravating circumstances exist, the fixed jail term may be increased to a maximum of five (5) years; and if mitigating circumstances are present, the jail term may be reduced to a minimum of two (2) years.
Texas: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Tennessee and Washington: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
Virginia: Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement may have violated the state law.
