USE AT YOUR OWN RISK.
THE PURPOSE OF THE SITE AND SERVICES ARE TO ENABLE YOU TO ENGAGE AN INDEPENDENT THIRD PARTY VETERINARIAN TO PROVIDE YOU WITH AN INITIAL CONSULTATION FOR YOUR PET. HEALTHY PETS IS NOT RESPONSIBLE FOR:
(I) THE ACCURACY OR RELIABILITY OF ANY MEDICAL OR VETERINARY OPINION, ADVICE,TESTIMONIAL OR STATEMENT MADE ON THE SITE (INCLUDING, WITHOUT LIMITATION,ANY INFORMATION OR REVIEWS POSTED BY OTHER USERS);
(II) ANY INFORMATION POSTED ON THE SITE; OR
(III) ANY MENTAL OR BODILY INJURY, INCLUDING LOSS OF LIFE OR LOSS OF BODILY FUNCTIONS, SUSTAINED BY YOU OR YOUR PET IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES. THE FOREGOING DISCLAIMER AND
LIMITATIONS OF LIABILITY SHALL NOT LIMIT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 13 AND 14.
ALL INFORMATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN VETERINARIAN OR OTHER ANIMAL CARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD ANY SUCH INFORMATION BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY VETERINARY MEDICAL CONDITION.
You understand that aspects of this Site and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services where
these activities occur.
Furthermore, if you reside in a jurisdiction where it is forbidden by law to participate in the activities offered by this Site or the Services, you may not enter into this agreement or use this Site or the Services.
By using this Site you are explicitly representing that you have verified that your use of this Site and the Services is allowed in your own jurisdiction.
You acknowledge and agree that access to and use of this Site and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. Your information may be used by us in connection with the Services or your use of the Site:
• to verify your eligibility to create and to maintain your Account;
• to ensure that your Account, including your username, is unique;
• to enable us to provide certain security and privacy safeguards;
• to deal with security, debugging and technical support issues;
• for billing and payment-related issues;
• to protect ourselves and others from abuse;
• to conduct a criminal or other background check in relation to you; and
• to comply with law.
(i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and
(ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue,inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Site or the Services and, in our sole discretion, to report you to appropriate authorities.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.You must not choose a username that infringes the rights of any third party, impersonates any Healthy
Pets employee, other user, celebrity or any famous person or entity, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will
not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone to use it.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account,username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
4. PERSONAL USE ONLY
This Site and the Services are only for personal use. You may not use this Site or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. CODE OF CONDUCT
You may not interfere with the security of, or otherwise abuse this Site, the Services or any system resources, services or networks connected to or accessible through this Site or the Services. You may
only use this Site and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Healthy Pets’ computer systems or perform functions that you are not authorized to perform.
Healthy Pets may, without notice, temporarily suspend your, or any other party’s, access to this Site or the Services by deactivating any Account, password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any unauthorized manner. These suspensions will be for such periods of time as Healthy Pets may reasonably determine is necessary to permit the thorough investigation and mitigation of such suspended activity.
While using this Site or the Services you agree to comply with all applicable laws, rules and regulations,including without limitation any laws governing the transmission of commercial electronic messages or similar. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services.
You agree not to post anything on the Site that:
• is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
• is bigoted, hateful, or racially or otherwise offensive;
• is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can
reasonably be expected to harm any person or entity;
• is misleading, untruthful or inaccurate;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including without limitation a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; or
• infringes or violates any right of a third party including:
(i) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
(ii) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or
(iii) any confidentiality obligation.
You acknowledge that Healthy Pets may remove, delete or edit any post, information or content provided by you for any reason whatsoever, including non-compliance with the foregoing.
While we endeavour to keep downtime to a minimum, we can’t promise that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.
7. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Site and the Services and that you shall be solely responsible for all charges and fee related thereto.
8. CHANGES TO SITE AND CONTENT
Healthy Pets may revise, supplement or delete information, services and/or the resources contained in this Site and the Services and reserves the right to make such changes without prior notification to past,current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change:
(ii) this Site or the Services, including terminating,eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the Services or the hours that they are available;
(iii) any fees or charges, if any, related to the use of this Site or the Services; and
(iv) the equipment, hardware or software required to use and access this Site or the Services.
9. LINKED WEBSITES
This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Healthy Pets monitors or endorses these websites. Healthy Pets does not accept any responsibility for such websites. Healthy Pets shall not be responsible or liable,directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
10. INTERNET SOFTWARE OR COMPUTER VIRUSES
Healthy Pets shall not be responsible or liable for any software, computer viruses or other destructive,harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or other content from this Site. Healthy Pets suggests that you take prudent action to protect yourself,such as installing appropriate anti-virus or other protective software.
11. PAYMENT FOR ACCOUNT
If you wish to purchase Services through your Account, you must provide us with a valid Visa®,MasterCard® or Discover®, or American Express® card number, or PayPal account. By submitting this information to us, you give Healthy Pets permission to charge your order to the card or account that you designate. You agree that, under no circumstances, including without limitation Account termination or suspension, will Healthy Pets provide you with any refund of any amount paid. Unless otherwise agreed to at the time of account creation, Healthy Pets will bill you in monthly instalments for any Account fees.
Under no circumstances will we be responsible:
(i) for any charges that your credit card issuer may apply to you as a result of our processing your order;
(ii) if your card issuer refuses or fails to authorize payment by you; or
(iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.
12. INTELLECTUAL PROPERTY
This Site and the Services are owned and operated by Healthy Pets and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, Internet domain names, notice and notice rights, and other similar rights under the laws of Ontario, Canada.
To the extent that you use the Site or the Services to post, display or otherwise make available text,images, video recordings, audio recordings, or any other information capable of protection by intellectual property laws or other exclusive rights, you agree to grant, and hereby grant, Healthy Pets a perpetual,non-exclusive, royalty-free, worldwide license to reproduce, display, alter, or otherwise make available such works. Further, you agree to waive, and hereby waive, any moral rights, personality rights, publicity
rights and similar that you may have in same.
13. SITE AND SERVICES PROVIDED “AS IS”
THIS SITE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PUBLISHED THEREON)AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HEALTHY PETS DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
14. LIMITATION OF LIABILITY
HEALTHY PETS DOES NOT PROVIDE VETERINARY ADVICE OR ANY OTHER SIMILAR SERVICE. WE DO NOT TAKE RESPONSIBILITY FOR ANY INFORMATION OR CLAIM MADE BY A VETERINARIAN OR OTHER USER OF THE SITE OR THE SERVICES. WE DO NOT GUARANTEE THAT MEMBERS WHO OFFER PRELIMINARY VETERINARY ADVICE ARE LICENSED TO DO SO, OR ARE LOCATED IN THE GEOGRAPHICAL LOCATIONS CLAIMED. WE DO NOT CERTIFY OR TRAIN OUR MEMBERS OR USERS IN ANY MANNER, INCLUDING IN THE PROVISION OF VETERINARY ADVICE OR OTHER ANIMAL CARE ADVICE. WE DO
NOT GUARANTEE, REPRESENT OR WARRANT THAT INFORMATION, ADVICE OR SIMILAR PROVIDED BY OUR MEMBERS OR USERS WILL BE TRUTHFUL, ACCURATE OR RELIABLE IN ANY WAY.
ALL INFORMATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN
VETERINARIAN OR OTHER ANIMAL CARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD ANY SUCH INFORMATION BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY
VETERINARY CONDITION. THE SITE IS NOT INTENDED TO REPLACE AN IN-PERSON VISIT TO YOUR VETERINARIAN.
AS BETWEEN YOU AND HEALTHY PETS, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OF
THE INFORMATION CONTAINED THEREIN. IN PARTICULAR, YOU ASSUME ALL LIABILITY AND RISK FOR ANY INJURY WHATSOEVER, INCLUDING LOSS OF LIFE OR LOSS OF BODILY FUNCTION, SUSTAINED BY YOUR PET IN CONNECTION WITH THE USAGE OF THE SITE AND THE SERVICES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HEALTHY PETS FROM ANY CLAIM RELATED TO ANY INFORMATION OR ADVICE PROVIDED TO YOU BY ANY OTHER MEMBER OR USER OF THE SITE OR
IN NO EVENT SHALL HEALTHY PETS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES,SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT,PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER(OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM,
POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT(INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. TERM & TERMINATION
You acknowledge and agree that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Healthy Pets shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Service at any time or from time to time.
295 Hagey Blvd.
18. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback (“Comments”) to Healthy Pets at the e-mail
addresses provided in this Site or the Services. However, the Internet is not a fully secure medium and
any communication may be lost, intercepted or altered. Healthy Pets is not liable for any damages related to communications to or from this Site or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that:
(i) Healthy Pets has no obligation concerning such Comments;
(ii) such Comments are non-confidential;
(iii) Healthy Pets may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and
(iv) such Comments are truthful, do not violate the legal rights of others, and are not the property of others.
amicably resolved, (collectively, a “Claim”, will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein. Although the appointing authority shall be a Justice of the Ontario Superior Court of Justice, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to:
(i) waive any right you may have to commence or participate in any class action against Healthy Pets relating to any Claim;
(ii) opt out of any class proceedings against Healthy Pets; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, Healthy Pets reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
USE AT YOUR OWN RISK.