Your access to and use of the Express Veterinary Pharmacy web site (the "Web Site") is subject to the provisions contained in these terms and conditions (“TCS”). By accessing or using this Web Site, you agree to all of these terms and conditions and enter into a legally binding agreement with Express Veterinary Pharmacy, LLC, an Arizona limited liability company (the “Company”) to abide by the provisions of these terms and conditions as described herein. The Company reserves the right to modify these terms and conditions by posting such modifications to this Web Site. You can review the most current version of the TCS as any time by checking the Terms of Service listed at the home page. We recommend that you check the TCS periodically for changes. Your continued use of the Web Site following the posting of any changes to the TCS will mean that you agree to and accept such changes. In addition to the TCS, when using particular services on the Web Site, you and the Company will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by this reference into the TCS. The TCS apply to all sites, products and services provided by the Company. You can read more about the Company, and contact us at www.ExpressVetPharmacy.com.
Throughout these terms and conditions, the Company and this Web Site are sometimes referred to herein as "we," "us," or "our". References herein to "you" and "your" and the rest of the second-person nouns refer to users of the Website.
USE OF THIS WEB SITE
Content and Other Information: All of the content and information displayed or accessible on this Web Site, including without limitation the educational materials, scientific content, graphic designs, video, audio, photographic or literary content (collectively, "Information"), is owned by the Company, its business associates, or other third parties. This Information is provided to you solely for your personal use. You may not access or use this Information for commercial, competitive, or any other purposes. You may not modify, republish, post, transmit or distribute any Information without the express written consent of the Company. You may copy this information only to the extent necessary for your personal use. The Company expressly retains all right, title and interest in and to any proprietary Information. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.
Password and Security: You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Web Site and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You are responsible for ensuring that no unauthorized person has access to your online password or account. To keep your account secure, do not disclose your password to anyone, monitor access to your account, and promptly change your password if you feel it has been compromised. Inform the Company right away if you need to delete an account for security purposes. In addition, by using the Web Site, you make the following commitments to us:
- You agree not to use or permit the use of any data gathering tool or mechanism to access, view or obtain data from the Web Site or interfere with any user’s access to the Web Site.
- You will not gain unauthorized access to or attempt to obtain the underlying code or structure of the Web Site.
- You agree to use the Web Site only for lawful purposes and not to transmit material that infringes or violates intellectual property rights of others or the privacy rights of others. You agree not to transmit material that is unlawful, obscene, defamatory, predatory, threatening, harassing, abusive, slanderous, or hateful to any person or entity.
- You agree not to use our services in any way intended to harm a user or other individual or would likely result in harm.
- You agree not to collect information about others, including email addresses, using the Web Site.
- You agree not to transmit viruses or other computer code on the Web Site that is potentially harmful, invasive or intended to damage or hijack the operation or monitor the use of any hardware or software.
- You agree not to use this Web Site as a substitute for obtaining specific advice about medications or a health condition from a qualified health care professional such as a licensed veterinary.
All Information and materials available through the Web Site, other than your personal information, are the property of the Company or our third party partners and are protected by United States and International copyright laws. You may only access or use the Information and content of this Web Site for personal use. The compilation of all Information and content on the Web Site is exclusively ours. “Express Veterinary Pharmacy" and our logo are our trademarks. You agree not to use our trademarks in connection with any products or services that is not ours, or in any manner that could create confusion about the source of our products or services.
Links to Other Web Sites: The Web Site may provide links to the web sites or services of other third party web sites ("Third-Party Sites"). Links from our Web Site to such Third-Party Sites do not constitute an endorsement by the Company of such Third-Party Sites, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that the Company is not responsible for any damages or losses of you or any other person caused or alleged to have been caused by your use of any Third-Party Sites, or from the products, content, material or information presented by or available through those sites.
Disclosure of Affiliations: The Company works with a variety of third parties to provide the goods and services available on this Web Site, and to provide links to Third-Party Sites. These third parties include, for example, content providers, technology providers, and suppliers of medical products, information and services. These entities may supply information for posting on or access through this Web Site, and may set standards applicable to certain content, but they do not control the content or the operation of this Web Site.
Payment for Products and Services: All payments made for products or services offered by the Company will be paid to the Company, and will therefore be subject to the Company’s refund policy. The Company does not offer a refund for any or all of the products or services it provides or sells to its customers, unless otherwise expressly stated.
GENERAL TERMS AND CONDITIONS
No Medical Advice: This Web Site is not intended to provide, and disclaims any suggestion that it does provide, medical advice of any nature. The information made available through this Web Site should not be construed as medical advice by you or your patients and such information should not be used in place of seeking professional opinions by licensed practitioners. Only licensed medical professionals may offer medical advice, diagnosis and recommendations for treatment of medical conditions. The Company and its affiliates do not practice medicine or law, and do not offer any other professional advice or services. You assume full responsibility for appropriate use of the information available through this Web Site.
Disclaimer of Warranty: This Web Site and all services, goods and Information made available on or through this Web Site are provided on an "as is", "where is" and "as available" basis. OTHER THAN AS EXPLICITLY SET FORTH IN THESE TERMS AND CONDITIONS, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS TO THE FULLEST EXTENT THAT SUCH DISCLAIMERS ARE LEGALLY PERMISSIBLE, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SUITABILITY, ACCURACY OR FREE FROM ERROR, CURRENCY TIMELINESS, SECURITY, EFFICACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR NON-INTERRUPTION OR THAT DEFECTS WILL BE CORRECTED.
Any information downloaded, or goods or services otherwise obtained through the use of this Web Site is done at your own discretion and risk. You shall be solely responsible for any damage or loss of data that results from the downloading or use of the information and for any results or lack of results from the use of such data.
Limitation of liability: Our liability regarding damages occurring from your use of the Web Site is limited and your use of the Web Site is at your own risk. In no event shall the Company or its affiliates, or their shareholders, Members, Managers, directors, officers, employees or agents, be liable for any claims or losses whatsoever of any kind, whether direct, indirect, special, incidental, consequential or punitive, and whether arising from an action in contract, tort, or otherwise, related to or in connection with this Web Site or any goods, services or information made available on or through this Web Site, or your use thereof. Without limiting the generality of the foregoing, the Company and its affiliates shall not be liable for any claims or losses in connection with errors, omissions, or inaccuracies of informational content, or any decision made in reliance on the Information contained on or accessible through the Web Site, including without limitation personal injury or death. Your sole remedy for any claims in connection with this Web Site is to discontinue using this Web Site and the related Information, goods and services. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Termination: You agree that the Company may, in its sole discretion, terminate your password, account (or any part thereof) or use of the services provided by the Web Site, and remove and discard any Information, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the purpose or intent of the TCS. The Company may also, in its sole discretion, and at any time discontinue providing Information, goods or services, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of the TCS may occur without prior notice, and you acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Information, goods or services. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Web Site.
Indemnification: You agree to indemnify, defend and hold harmless the Company and its affiliates from any and all claims or losses arising from your use of or reliance on this Web Site or any goods, services or information made available on or through this Web Site.
Choice of Law: These terms and conditions and your use of the Web Site shall be governed by and interpreted in accordance with laws of the State of Arizona, without giving effect to any conflict of laws provisions. By using this Web site, you hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in the State of Arizona.
Severability: If any provision of these terms and
conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effectuate the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.
Waiver: Our failure to exercise or enforce any right or provision of these terms and conditions will not constitute or be deemed a waiver of such right or provision.