TERMS OF USE

 

Effective as of October 1st 2021

 

These Terms of Use (“Terms of Use”), constitute a legally binding agreement between you and Vets on Call, LLC, a Delaware limited liability company, dba Vets On Call Network (the “Company”, “we” or “us”) and establish the terms and conditions under which you will access and use the services and features (the “Services”) through or available on Vets on Call’s website at https://vocn.org and all related sub-domains, tools and services (the “Website”) and any mobile software applications we make available to you (an “App” and collectively the, “Apps”).

 

Your use of the Website, access or use of the Services or installation of any App constitutes your agreement to be bound by these Terms of Use and, therefore, we encourage you to review them periodically as they may change, and your continued usage of the Website, Services or any App after an update constitutes your acceptance of any changes to these Terms of Use.  If you do not agree to the provisions of these Terms of Use, do not access or use the Website, Services or any App.  These Terms of Use set forth the terms and conditions of your registration as a user of the Website and Services.  Your registration as a user of the Website and the Services is also contingent upon your fulfillment of all requirements for the registration process, the Company’s acceptance of you as a user of the Services, which acceptance will be in the Company’s sole discretion, the payment of applicable initiation, registration, and/or other fees and expenses required for your registration and your continued compliance with these Terms of Use and any other existing or subsequently issued policies with respect to use of the Website and Services, such as our Privacy Policy, which can be found at https://www.vocn.org/privacy (collectively, the “Policies”).  If you do not agree to the Policies, or if you breach any of the Policies, you will not be permitted to utilize the Website or the Services.  Your continued use of the Website or use/access Services signifies your acknowledgment and agreement to be bound by the Policies.  We may also ask you to acknowledge your acceptance of these Terms of Use through an electronic click-through.

 

Access and Use

 

You may be accessing and using the Website and the Services as veterinary specialist or veterinary provider, and your right to use the Website is limited in scope, revocable, personal, non-transferable and non-exclusive.  You are responsible for obtaining any equipment and internet service necessary to access the Website and the Services. You acknowledge that the Services are evolving and that the form and nature of the Services may change from time to time without notice to you.

 

Subject to these Terms of Use, the Company hereby grants to you, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Website and the Services.  In order to access the Services, you may be required to register as a user of the Website and create a profile or account, which shall include, but not be limited to, your username, password, contact information (including personal mailing, phone and/or personal email address), as well as payment method (“Account Information”).  You represent and warrant to the Company that all Account Information as well as other information you submit when you create your profile or account is current, accurate, complete, and that you will keep your Account Information current, accurate and complete and notify the Company of any changes to your Account Information.  In the creation of your profile or account, you are not impersonating any third party or otherwise using any third party’s information without their written approval.  If the Company has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, the Company reserves the right, in its sole discretion, to suspend or terminate your use of the Website and the Services. 

 

Your access to the Services must be completed via login credentials to be provided by us (“Login Credentials”).  You hereby agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.  You may not (i) create more than one account registration to access or use the Website or the Services, (ii) share your Login Credentials with any third party, or (iii) transfer your account to any third party.  You hereby acknowledge without limitation that we are not responsible for any loss or damage caused by, or expense incurred as a result of, your failure to safeguard or protect your Login Credentials.  You agree that you shall not rent, resell, or to remarket the Services or to provide access to the Services to any third party. We may terminate any Login Credentials in our sole discretion.

Data Rights

 

You represent and warrant to us that (i) you have the right to provide all content that you submit to the Services (“Submissions”) for the purposes of these Terms of Use, (ii) all data you submit to us or the Website (your “Data”) will be true and correct in all respects, and (iii) you have the right to provide any and all of your Data that you provide for the purposes of these Terms of Use.  You hereby grant us a perpetual, irrevocable, royalty-free right to use your Data and Submissions for the purpose of facilitating the Services, subject in all respects to our Privacy Policy.  If you object to your Data being used in a manner permitted hereby and the Privacy Policy, you shall not access or utilize the Website or the Services.  Upon termination of your Login Credentials for any reason, you may no longer have access to any of your Data or Submissions that you provided, unless otherwise permitted by us in our sole and absolute discretion.


Standards of Conduct; Compliance with Applicable Law

 

You may not use the Website or the Services to post any Submissions or other content that is, or which we consider to be, (i) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, (ii) introduce viruses, worms, trojan horses and/or harmful code to the Website, (iii) display material that exploits children under 18 years of age, (iv) infringing in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party, (v) post or disclose any personally identifying information or private information about any third parties without their consent (or their parent’s consent in case of a child under 18 years of age), (vi) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation, solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests, (vii) intentionally or unintentionally violate any applicable law, or (viii) collect, save or otherwise download content from the Website using automated means. We reserve the right to remove any Submissions from the Website and the Services at any time in our sole discretion.

 

Your use of the Website and the Services is subject to all applicable, local, state, national laws, ordinances, rules and regulations.  You hereby agree to use the Services for lawful purposes in accordance with these Terms of Use.  You shall not use or allow others to use the Services in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights and rights to privacy.

 

Intellectual Property Rights

 

You shall not, and shall not permit any person or entity to (i) use the Services for the benefit of any other person or entity, (ii) alter, enhance, or make derivative works of the Services, (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Services or any software component of the Services, (iv) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations, (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Services, or (vi) circumvent or disable our copyright protection mechanisms or license management mechanisms.

 

You acknowledge that the structure, organization, intellectual property such as trademarks or trade secrets and code used in connection with the Services are proprietary and that we and/or our licensors retain exclusive ownership of the Services, documentation, and any other intellectual property rights relating to the Services, including, without limitation, all modifications, enhancements, derivatives, and other software and materials relating to the Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder or copies thereof to others in violation of these Terms of Use.  

 

Except as expressly set forth in these Terms of Use or other written agreement between you and us, no license or other right in or to the Services or content is granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.  If you provide any feedback, improvements, recommendations or other suggestions (“Recommendations”) to us regarding enhancements to the Services, you hereby grant to us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Recommendations to exploit and distribute the Recommendations in connection with the Services and any other products or services.

 

Disclaimer Regarding Veterinary Care

 

You understand that the Company is not a provider of veterinary services or medical advice and the content of the Website (“Content”) is for general information purposes only.  The Content should not be considered veterinary medical care advice and is not a substitute for professional veterinary care advice, diagnosis or treatment.  We do not represent or warrant that any health, behavior or wellness suggestions or recommendations referred to or described in the Content will be safe, appropriate, or effective.  Any consultation provided through the Website is not intended to create and does not constitute any professional relationship between us (or any of its officers, directors, trustees, employees, consultants, independent contractors, agents, representatives or affiliates) and you or your clients, and does not create any veterinarian-patient relationship in any capacity whatsoever.  Information provided through the Website or us should be used only as a resource and you should make your own determination regarding veterinary medical care.  The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but is merely intended to serve as one resource for general and educational purposes.

 

Intended Audience and Users

 

This Website is specifically intended for residents of the United States only and access to this Website or the Content may not be legal by certain persons or in certain countries.  If you access this Website or the Services outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  You may not use or export any portion of the Content in violation of the United States export laws and regulations.

 

Limited Warranty and Disclaimer

 

Each of you and us hereby represents and warrants to the other that such party has the legal authority to enter into these Terms of Use.  We do not warrant or represent, and you hereby acknowledge, that the Services will not be error-free, uninterrupted or secure.  You acknowledge that the Services are provided “AS IS” and is based in part on Submissions provided by you, which are not verified by us, and that any content acquired through the use of the Services is at your sole risk and discretion. The Company and its suppliers are not liable or responsible for any results generated through the use of the Website or the Services.  EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, WE PROVIDE NO, AND EXPRESSLY DISCLAIM ANY, OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.  Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

Limitation of Liability

 

IN NO EVENT SHALL VETS ON CALL, LLC, ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, LICENSORS, AGENTS, REPRESENTATIVES OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS OF USE, USE OF THE WEBSITE, THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, VETS ON CAL, LLC DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.

 

 

Indemnification

 

To the greatest extent permitted by applicable law, you shall and hereby agree to indemnify, defend and hold the Company, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all liabilities, losses, causes of action, costs, expenses (including reasonable attorneys’ fees) and damages accrued or incurred to the extent caused by or as a result of (i) your Submissions hereunder, (ii) your use of the Website and the Services, (iii) your use of any Content or Submissions that you acquire via the Services or Website, and (iv) your negligence or willful misconduct.  Your obligations to indemnify us with respect to any claim, action or proceeding shall be conditioned upon us: (i) providing you with written notice of such claim, action or proceeding, (ii) permitting you to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by you with our reasonable right to approve the same, and (iii) cooperating with you at your request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information.

 

Takedown Rights

 

If you believe any materials accessible on or from this Website infringe on your copyright, you may request removal of those materials (or access thereto) from this Website by contacting info@vetsoncall.org and providing the following information: (i) identification of the copyrighted work that you believe to be infringed and its location, (ii) where possible, please include a copy or the location (e.g., URL) of an authorized version of the work, (iii) your name, address, telephone number and e-mail address, (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law, (v) a statement that the information that you have supplied is accurate, indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf, and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative.  In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

 

Governing Law; Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware and applicable United States federal law, without reference to "conflicts of laws" provisions or principles.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your access to the Website or use of the Services shall lie exclusively in, or be transferred to the courts of Westchester County, State of New York or any federal court sitting in the State of New York and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.  Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction.



Links to Third-Party Websites

 

This Website may contain links to non-Vets on Call websites.  Any such links are provided to you as a convenience, and we are not responsible for the content of any linked website.  Any non-Vets on Call website accessed from this Website is independent from us, and we have no control over the content of any such website.  In addition, a link to any non-Vets on Call website does not imply that we endorse or accept any responsibility for the content or use of such website.

Miscellaneous Provisions

 

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by us of that third party or of any product or service.  You may not assign or transfer your rights, obligations, limitations or restrictions under these Terms of Use in whole or in part to any third party.  These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors, permitted transferees, and permitted assigns.  The Company and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.  The Policies and any other terms and conditions set forth on our Website, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties or by an updated Terms of Use (or other Policies) posted on the Website by us in our sole discretion. The laws of the United States of America prohibit the export of certain products, software, and data to particular persons, territories and foreign states.  Nothing from this Website may be exported, in any way, in violation of United States law.  The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.  If any part of these Terms of Use are held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

Prohibited Content

 

You may not use, or encourage, promote, facilitate or instruct others to use, the Website, the Services or any Apps for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include: (i) any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, fraudulent goods, services, schemes, promotions or content that infringes or misrepresents the intellectual property or proprietary rights of others, (ii) content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, (iii) Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, trojan horses, worms, time bombs, or cancelbots, (iv) you may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”), (v) accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System, (vi) monitoring of data or traffic on a System without permission, (vii) forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route, (viii) You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them, (ix) inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective, (x) interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques, (xi) operating network services like open proxies, open mail relays, or open recursive domain name servers, (xii) you will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements and you will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission, and (xiii) you will not collect replies to messages sent from another internet service provider if those messages violate any of the Policies.

 

We reserve the right, but do not assume the obligation, to investigate any violation of the Policies or misuse of the Services.  We may: (i) investigate violations of the Policies or misuse of the Services, (ii) remove, disable access to, or modify any content or resource that violates the Policies or any other agreement we have with you for use of the Services, (iii) report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties (including disclosing appropriate customer information), and (iv) cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the Policies.  ‍If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

 

Contact Information

 

To ask questions or comment about these Terms of Use or the Policies, please contact us at:

 

Vets on Call, LLC

14 Bramblebush Road

Croton On Hudson, New York 10520

(914) 271-2700

info@vetsoncall.org