AGREEMENT BETWEEN YOU AND 2709358 ONTARIO INC. OPERATING AS HEALTHCAREFORPETS.COM
This is an agreement (“Agreement”) between you and healthcareforpets.com. This Agreement governs your use of any Website or web page operated by healthcareforpets.com, including without limitation the healthcareforpets.com service (collectively the “healthcareforpets.com”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any content that you submit is correct. If you are under the age of 18, you have the permission of your parent or guardian to access healthcareforpets.com.
Healthcareforpets.com offers healthcareforpets.com to you conditioned on your acceptance without modification of this agreement. your use of the healthcareforpets.com constitutes your acceptance of this agreement. This agreement contains disclaimers of warranties and liability; and an exclusive remedy. These provisions form an essential basis of our accord.
HEALTHCAREFORPETS.COM MAY MODIFY THIS AGREEMENT
Healthcareforpets.com reserves the right to change the terms, conditions, and notices under which it offers healthcareforpets.com, including any charges associated with the use of the healthcareforpets.com. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any healthcareforpets.com Site. Your continued use of healthcareforpets.com after the effective date of such changes constitutes your acceptance of and agreement to such changes.
NO UNLAWFUL OR HARMFUL USE OF HEALTHCAREFORPETS.COM
You will not use healthcareforpets.com in any way that is unlawful, or harms healthcareforpets.com, its affiliates, service providers and/or suppliers (each, a “healthcareforpets.com” and collectively, the “healthcareforpets.com”) or any customer of a healthcareforpets.com Party, as determined in healthcareforpets.com’s sole discretion. Without limiting the generality of this section, you may not use healthcareforpets.com in any manner that could damage, disable, overburden, or impair healthcareforpets.com (or the network(s) connected to any healthcareforpets.com website part or function) or interfere with any other party’s use and enjoyment of healthcareforpets.com. Without limiting the generality of this section you will not use healthcareforpets.com to: (a) transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail; (b) post anything fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy; (c) do anything that is illegal or that violates any federal, state, provincial or local law, statute, ordinance, regulation or ethical code; (d) be competitive with healthcareforpets.com; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or (f) promote any obscene material or child pornography.
MATERIALS YOU POST OR PROVIDE CAN BE USED BY US
For materials you post, submit or otherwise provide to healthcareforpets.com related to healthcareforpets.com (a “Submission”), you grant healthcareforpets.com a worldwide, perpetual, exclusive, royalty free, irrevocable license to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission in connection with the promotion of the goods and services of healthcareforpets.com, and (2) sublicense such rights, to the maximum extent permitted by applicable law. Healthcareforpets.com will not pay you for your Submission. Healthcareforpets.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
Any submission protected by copyright or trademark law for which you do not have appropriate rights cannot be reproduced. By submitting, posting or otherwise providing healthcareforpets.com with material you acknowledge that you are the owner of the material or that you have obtained all legal and necessary clearances, licenses and permission to reproduce any and all submitted materials, and that you are in compliance with all applicable laws, regulations, court orders and ordinances, from wherever issued.
You agree to indemnify, and hold harmless healthcareforpets.com from and against any and all liability, loss, damage, cost (including attorney’s fees, accountant fees, costs of suit, court costs and loss of profits) from or related to a breach of this section, for which healthcareforpets.com shall have the right to obtain preliminary and final injunctions and other equitable relief in the event of any breach.
CONTENT AVAILABLE FROM HEALTHCAREFORPETS.COM
Healthcareforpets.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any content available from healthcareforpets.com. healthcareforpets.com and its suppliers do not authorize the use of content available from healthcareforpets.com for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this content for commercial purposes. Nothing contained in the healthcareforpets.com is intended to constitute professional advice.
ASK THE VET SERVICE OR OTHER SERVICES
Healthcareforpets.com includes the Ask the Vet service or other services for educational and informational purposes. Your use of such service is subject to all of this Agreement, and in addition, to the following specific terms.
You acknowledge that the contents of Ask the Vet are not intended to be a substitute for professional veterinary advice, diagnosis, or treatment, and that you will always seek the advice of your veterinarian or other qualified provider with any questions you may have regarding a medical condition. You agree that you will never disregard professional advice or delay in seeking it because of something you have read on the Site.
Ask The Vet is a venue for informational and educational content purposes and exchanges between users and professionals or experts.
Users of Ask the Vet provide the content, not healtcareforpets.com. The Professionals determine which questions to answer; Professionals are not employees or agents of healthcareforpets.com but are, like you, simply users of the Ask the Vet. Healthcareforpets.com is not involved in the conversation between you and the Professionals and does not refer you to or endorse or recommend particular Professionals. You acknowledge that healthcareforpets.com cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of on Ask the Vet. Accordingly, Ask The Vet is not liable for any acts or omissions of the Professionals, content on Ask the Vet, or the ability of the Professionals to answer questions. Notwithstanding the foregoing, healthcareforpets.com reserves the right, but is not obligated, to refuse to post or to remove any content, or refuse to permit a question to be processed.
healthcareforpets.com asks Professionals and Experts to submit the biographies posted on healthcareforpets.com but does not itself verify each of the credentials represented therein. The results of the verifications are only as accurate as the information and content provided by the Professional or Expert. Healthcareforpets.com does make an effort to verify the general nature of a Professional’s practice, but cannot warrant or guarantee what is set forth in the Professional’s biography. For these reasons, healthcareforpets.com cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of the Professionals. Healthcareforpets.com will not be liable for any loss or damage caused by your reliance on any information or content contained in the biographies of the Professionals or in the answers that you receive.
Ask The Vet content is Public NOT Private. Communications through Ask the Vet are not confidential and shall not be the subject of any associated privileges. Communications on Ask the Vet venue are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. Before you can interact with a Professional or Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of this Agreement. Such disclaimer and provisions are also stated and explicitly implied in these terms and conditions of use.
Restrictions on Use. You are prohibited from soliciting any users of healthcareforpets.com, including the Professionals or Experts, for any purpose (including inviting others to contact you off of healthcareforpets.com or inviting them to participate in a website that competes with healthcareforpets.com or Ask the Vet service or other services, or charges money to receive answers or to communicate with purported professionals or experts). You will not post any links to any other website designed to facilitate commerce through that site or to otherwise promote any product or service.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
In no event will any healthcareforpets.com party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of healthcareforpets.com, even if such healthcareforpets.com party has been advised of the possibility of such damages. The exclusion of damages is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with healthcareforpets.com, you do not agree with any part of this agreement, or you have any other dispute or claim with or against any healthcareforpets.com party with respect to this agreement or healthcareforpets.com, then your sole and exclusive remedy is to discontinue using healthcareforpets.com.
TERMINATION; ACCESS RESTRICTION
Healthcareforpets.com may terminate this Agreement, or terminate or suspend your access to the healthcareforpets.com at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use healthcareforpets.com will immediately cease.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
All claims arising from or related to this Agreement and healthcareforpets.com will be adjudicated under the laws of the Province of Ontario, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of provincial or federal courts in Toronto, Ontario Canada in all disputes arising out of or relating to this Agreement or to your use of the healthcareforpets.com.
JURY TRIAL WAIVER AND NO CLASS ACTIONS
You agree to waive any right to trial by jury. And, you agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against healthcareforpets.com arising out of or relating to your purchase or use of goods or services from healthcareforpets.com.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. Healthcareforpets.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in healthcareforpets.com. Except as expressly stated herein, this Agreement constitutes the entire integrated agreement between you and healthcareforpets.com with respect to healthcareforpets.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and healthcareforpets.com with respect tohealthcareforpets.com. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
You agree that you must commence any cause of action arising out of or related to the healthcareforpets.com within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.