You acknowledge and agree that all content and materials (collectively the "materials") available on this Web Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. Except as otherwise expressly permitted on this Web Site, VetMed Online, Inc. ("VetMed") authorizes you to view and download the materials at the Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Except as otherwise expressly permitted on this Web Site, you may not edit, adapt or otherwise modify the materials at this Site in any way, reproduce or publicly display, publicly perform, distribute, create derivative works from such materials, or otherwise use them for any public or commercial purpose. Any use of the materials on any other Web site or networked computer environment for any purpose is prohibited. If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials obtained from the Site. VetMed reserves the right to seek all remedies available in law and equity for such violations.
Access to Password Protected Areas
Access to and use of password protected areas of the Site is restricted to authorized users only who have registered with VetMed. Distribution of a password to any person or organization not authorized to use the password is prohibited and will result in immediate removal of the password holder's rights to access this Site.
User Communications
Other than personally identifiable information, use of which is governed by the VetMed Privacy Policy Statement, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communications") will be considered non-confidential and non-proprietary. VetMed will have no obligations with respect to such User Communications, and by posting or submitting User Communications to this Site you: (i) agree that VetMed and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that you own or otherwise control all of the rights to such User Communication(s) and that public posting and use of your User Communications by VetMed will not infringe or violate the rights of any third party.
Rules of User Conduct
By posting User Communications, or otherwise using any VetMed communication services available or through this Site, including but not limited to chat rooms, message boards, newsgroups, forums, or other interactive service, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any User Communication that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, deceptive, fraudulent, defamatory, vulgar, obscene, libelous, invasive of another's privacy or otherwise violates VetMed's rules or policies;
- victimizes, harasses, degrades or intimidates any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- infringes any copyright, patent, trademark, trade secret, right of publicity or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party;
- or impersonates any person or entity, including any employee or representative of VetMed.
You further agree not to use the communications services on the VetMed Site to collect information about the other users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. You agree not to knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
VetMed may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Communications or communicate solely with one another. VetMed does not pre-screen or edit the content of User Communications posted on the Site. You understand that by using the communications services of this Site, you may be exposed to User Communications that violate the Rules of User Conduct or are otherwise objectionable. VetMed reserves the absolute right to itself and to its agents to remove any User Communication or other content that in VetMed's judgment does not comply with the Rules of User Conduct, the Terms of Use or is otherwise harmful, objectionable or inaccurate. VetMed is not responsible for any failure or delay in removing such User Communications or other content and will have no liability whatsoever related to any such User Communications or other content.
Termination
You agree that VetMed, in its sole discretion, may terminate your password or suspend or terminate your access and use of the Site, and remove and discard any content within the Site for any reason, including, without limitation, for lack of use or if VetMed believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Agreement. VetMed may also, in its sole discretion and at any time discontinue content or services available on this Site with or without notice. You agree that VetMed may suspend or terminate your access to all or part of this Site, with or without notice, and that VetMed shall not be liable to you or any third party for any such suspension or termination.
Links to Other Web Sites
Links to third-party Web sites on this Site are provided solely as a convenience to you. If you use these links you will leave this Site. VetMed does not control and is not responsible for any of these third party-sites and is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. VetMed does not endorse or make any representations about third party sites, or about any information, products or material found at those sites, or about any search results that may be obtained from using them. If you decide to access any third party site linked to this Site, you agree that you do so entirely at your own risk.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VetMed will not be responsible or liable for any loss or damages of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. VetMed, its subsidiaries and its licensors further do not warrant that the Content is accurate, reliable, correct or up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
IN NO EVENT SHALL VETMED, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENT CONTAINED AT THIS SITE OR ANY SUCH SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VETMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VETMED'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Procedure for Submitting Notice of Copyright Infringement
VetMed respects the intellectual property rights of others, and we ask our content providers and users to do the same. If you believe that copyrighted work of yours has been copied and is accessible on or through this Site in a way that constitutes copyright infringement, please notify VetMed by providing us with the following information:
- Your name, address, telephone number and email address.
- A description of the specific location on this Site where the material that you claim is infringing is located.
- A description of the copyrighted work that you claim has been infringed.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the name of the publication in which it has been published or the URL of the Web site where it is posted.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- Your electronic or physical signature, as the owner of the copyright or as the person authorized to act on behalf of the owner of the copyright interest.
Claims of copyright infringement can be submitted to:
By mail:
Licensing Department
VetMed Online, Inc.
2001 Union Street
Suite 480
San Francisco, CA 94123
Via email: legal@vetmedcenter.com
Indemnification
Upon a request by VetMed, you agree to defend, indemnify and hold harmless VetMed and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of this Site. VetMed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with VetMed in asserting any available defenses.
International Use
This Site is administered by VetMed from the United States of America. VetMed makes no representation that materials on this site are appropriate or available for use in locations outside the United States. Accessing this Site from territories where its contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the County of Santa Clara, State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
General Provisions
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and VetMed with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and VetMed with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use Content, software, or services provided by third-party providers to this Site. The failure of VetMed to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Terms of Use (Revised March 27, 2000)
All contents copyright © 2000 VetMed Online, Inc. All rights reserved.
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