Terms of Use
AGREEMENT BETWEEN USER AND Vetstreet Inc.
The Vetstreet.com Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Vetstreet.com Website constitutes your agreement to all such terms, conditions, and notices. If you do not agree to all of these Terms of Use, do not use Vetstreet.com. Reference to “Vetstreet” means Vetstreet Inc..
MODIFICATION OF THESE TERMS OF USE
Vetstreet reserves the right to change the terms, conditions, and notices under which the Vetstreet.com Website is offered, including but not limited to the charges associated with the use of the Vetstreet.com Website.
LINKS TO THIRD PARTY SITES
The Vetstreet.com Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Vetstreet and Vetstreet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vetstreet is not responsible for webcasting or any other form of transmission received from any Linked Site. Vetstreet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vetstreet of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Vetstreet.com Website, you warrant to Vetstreet that you will not use the Vetstreet.com Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Vetstreet.com Website in any manner which could damage, disable, overburden, or impair the Vetstreet.com Website or interfere with any other party’s use and enjoyment of the Vetstreet.com Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Vetstreet.com Websites.
You acknowledge and agree that Vetstreet.com and the information, content, and software presented to you through Vetstreet.com contains proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Vetstreet or our suppliers, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any information presented to you through Vetstreet.com, in whole or in part.
PASSWORDS
Vetstreet offers several features that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password.
USE OF COMMUNICATION SERVICES
The Vetstreet.com Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Vetstreet has no obligation to monitor the Communication Services. However, Vetstreet reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vetstreet reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Vetstreet reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vetstreet’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Vetstreet does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vetstreet specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Vetstreet spokespersons, and their views do not necessarily reflect those of Vetstreet.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Vetstreet.com OR POSTED ON Vetstreet.com
Unless specifically contracted, Vetstreet does not claim ownership of the materials you provide for Vetstreet.com (including feedback and suggestions) or post, upload, input or submit to any Vetstreet.com Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vetstreet, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, and reformat your Submission; and to publish your name in connection with your Submission. For example, if you post a comment to a Vetstreet.com discussion board, you grant Vetstreet the right to display that comment through the Vetstreet.com site for as long as we want.
No compensation will be paid with respect to the use of your Submission, as provided herein. Vetstreet is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vetstreet.com’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Vetstreet.com WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VetstreetAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Vetstreet.com WEBSITE AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE Vetstreet.com WEBSITE SHOULD NOT BE SOLELY RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. INFORMATION REGRADING SPECIFIC THERAPIES OR STANDARDS OF CARE SHOULD BE VERIFIED THROUGH OTHER RELIABLE AND TRUSTWORTHY SOURCES.
Vetstreet AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Vetstreet.com WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Vetstreet.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Vetstreet.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INJURY, DAMAGES FOR LOSS OF USE, LOSS OF LIFE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Vetstreet.com WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Vetstreet.com WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE Vetstreet.com WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Vetstreet.com WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF Vetstreet.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Vetstreet.com WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Vetstreet.com WEBSITE.
SERVICE CONTACT: [email protected]
TERMINATION/ACCESS RESTRICTION
Vetstreet reserves the right, in its sole discretion, to terminate your access to the Vetstreet.com Website and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the Vetstreet.com Website. If there is any dispute between us concerning these Terms of Use or your use of Vetstreet.com, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be in Pennsylvania. Use of the Vetstreet.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vetstreet.com as a result of this agreement or use of the Vetstreet.com Website. Vetstreet’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vetstreet‘s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Vetstreet.com Website or information provided to or gathered by Vetstreet.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vetstreet with respect to the Vetstreet.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Vetstreet.com with respect to the Vetstreet.com Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold Vetstreet harmless against any liability for that harm.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Vetstreet.com Website are: Copyright 2011 Vetstreet Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.