Terms and Conditions of Use
Please read these terms and conditions of use carefully before using this site.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
Pet Health Network, Inc. ("PHN") may revise and update these Terms and Conditions at any time. Your continued usage of the Web site ("PHN Site" or the "Site,") will mean you accept those changes.
The contents of the Site, such as text, graphics, images, information obtained from Pet Health Network’s licensors, and other material contained on the Site ("Content") are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your veterinarian or other qualified pet care provider with any questions you may have regarding a symptom or medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the PHN Site.
If you think you may have a veterinary emergency, call a veterinary clinic or your doctor immediately. Neither Pet Health Network nor its Web site recommends or endorses any specific tests, veterinarians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by PHN employees, others appearing on the Site at the invitation of PHN, or other visitors to the Site is solely at your own risk. A veterinary professional is always your best source for accurate diagnosis and treatment advice for your pet.
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. If you as a parent or guardian are concerned, please supervise the children who may use this Site.
USE OF CONTENT
PHN authorizes you to view or download a single copy of the material on the PHN Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2006 Pet Health Network, Inc. All rights reserved." and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Pet Health Network or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice at the editorial discretion of PHN. All rights not expressly granted herein are reserved†for PHN and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF PHN AND ITS LICENSORS
The use of the PHN Site and the Content is at your own risk. PHN does not guarantee the accurary of any statements regarding medical care from any Licensors or Suppliers of content. Ask your veterinarian if you have any questions or concerns about any material that you have read on this Site. A veterinary professional is best able to verify the accuracy of any statements found on this Site.
When using the PHN Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PHN and its suppliers. Accordingly, PHN assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the PHN Site.
The PHN Site and the content are provided on an "as is" basis. PHN, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, PHN, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links or communications provided on or through the use of the PHN Site or PHN.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the PHN Site.
In no event shall Pet Health Network, its licensors, its suppliers or any third parties mentioned on the PHN Site be liable for any damages (including, without limitation, incidental and consequential damages, pet/animal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PHN, its licensors, its suppliers or any third parties mentioned on the PHN Site are advised of the possibility of such damages. PHN, its licensors, its suppliers, or any third parties mentioned on the PHN Site are not liable for any injury, including death, caused by your use or misuse of the Site, Content or Public Areas. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
PHN SUBSCRIPTION SERVICE
PHN markets this Site and its contents to your veterinarian for use in the practice to better assist you, the pet owner, with the management of your pet’s health. Your veterinarian has chosen to subscribe to this service to provide the practice with educational tools to assist you in understanding your pet’s health. If you have questions about this Site and your use of it, please consult your veterinarian.
INFORMATION YOU SUBMIT
You are using the Subscription Services at your own risk and you, along with your pet care provider, are personally responsible for verifying its suitability for your needs.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
PHN may provide links to third-party Web sites. PHN also may select certain sites as priority responses to search terms you enter and PHN may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. PHN does not recommend and does not endorse the content on any third-party Web sites. PHN is not responsible for the content of linked third-party sites, sites framed within the PHN Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations or warranties regarding their content or accuracy. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites. PHN does not endorse any product advertised on the PHN Site.
INDEMNIFICATION
You agree to defend, indemnify and hold PHN, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
Pet Health Network is based in Yarmouth, Maine, in the United States of America. Pet Health Network makes no claims that its Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with PHN, or in any way relating to your use of the PHN Site, resides in the courts of the State of Maine, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine in connection with any such dispute including any claim involving PHN or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Maine, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Web site by contacting PHN's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- 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.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
PHN's agent for copyright issues relating to this Web site is:
Pet Health Network, Inc.
51 Baxter Boulevard
Portland, Maine 04101
In an effort to protect the rights of copyright owners, PHN maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the PHN Site, these Terms and Conditions and the PHN Privacy Policy and Agreement constitute the entire agreement between you and PHN with respect to the use of the PHN Site and Content.
Thank you for your cooperation. We hope you find the PHN Site helpful and convenient to use. Questions or comments regarding this Web site, including any reports of nonfunctioning links, should be submitted via U.S. mail to Pet Health Network, Inc. 51 Baxter Boulevard, Portland, Maine 04101.
We try to answer every e-mail in a timely manner, but are not always able to do so.
© 2009 Pet Health Network, Inc. All rights reserved.