DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
USE AT YOUR OWN RISK.
THE PURPOSE OF THE SITE IS TO ENABLE YOU TO ENGAGE OUR USERS TO PROVIDE THEM WITH A VETERINARY CONSULTATION WITH RESPECT TO THE USER’S 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 BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR REVIEWS POSTED BY OTHER USERS); OR (II) ANY INFORMATION POSTED ON THE SITE. THE FOREGOING DISCLAIMER AND LIMITATIONS OF LIABILITY SHALL NOT LIMIT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 15 AND 16.
1. RELATIONSHIP OF PARTIES AND NATURE OF SERVICES
Subject to the terms of this Agreement, Healthy Pets will provide access to the Site and its Services to you, and in the case of a Professional Corporation, your personnel who are licensed to practice veterinary medicine under applicable statute, regulation, rule, code or other law (“Law”) and authorized by you to use the Site, from time to time, during the Term (as defined below) (“Authorized Personnel”).
The parties agree that the Site is intended to permit you to interact with individuals that are using the Site for information and advice regarding their pet (each a “User”), for the purpose of providing Users with veterinary consultations, and that Healthy Pets acts as a mere conduit and is not a source of information,advice or a party to such veterinary consultations. On this basis, the parties agree that Healthy Pets shall not in any way be liable for any information or advice exchanged between you and any User. In particular, and without limiting the generality of the foregoing, Healthy Pets shall not be liable for the accuracy, completeness, correctness or timeliness of any information or advice provided to the User. You agree to indemnify Healthy Pets for any losses whatsoever arising in relation to any claim that Healthy Pets is liable for any information or advice provided by you to the User in accordance with the provisions of Section 16 below.
The parties agree that the Services are not intended for the purpose of record retention, and that you are responsible for retaining your own records separately from any information temporarily stored through the use of the Services. On this basis, the parties agree that Healthy Pets shall not in any way be liable for any failure on your part to retain or destroy records. In particular, and without limiting the generality of the foregoing, Healthy Pets shall not be liable for any losses suffered by you on the basis that you failed to retain or destroy records, including without limitation any veterinary records or records of any advice provided to a User by you. You agree that you will indemnify Healthy Pets for any losses whatsoever arising in relation to any claim that Healthy Pets is liable for any failure to retain or destroy records on your behalf in accordance with the provisions of Section 16 below.
2. SERVICES AND FEES
Subject to the terms of this Agreement, and subject at all times to the payment by you of any fees you are obligated to pay hereunder, Healthy Pets hereby grants a non-exclusive, revocable license to you to use the Services, (the “Services”), for the purpose of allowing you to provide veterinary consultations to Users, and not for any other purpose whatsoever. Healthy Pets shall not be responsible for any failure of the Services resulting from anything beyond its reasonable control, including without limitation any failure of the Internet.
During the registration process we may collect your name, address, email address, phone number, bank account information, payment 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.
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 THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
You cannot transfer your Account to any other person. or permit anyone to use it. If you are a professional corporation, you may permit access to the Site and Services through your Account to your Authorized Personnel.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account,username, or password. You agree that 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. CODE OF CONDUCT
You agree to be liable for all use of the Site and its Services by you and your Authorized Personnel in all ways. Neither you nor your Authorized Personnel may act or make any statement or representation on behalf of Healthy Pets to any User or third party, including without limitation in relation to the Site or Services.
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, 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 determine, in its sole and absolute discretion, are 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 provision of veterinary advice and 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, or communicate with Users in any way 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
• 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.
You represent and warrant to Healthy Pets as follows:
• You are a person licensed to practice veterinary medicine under applicable Laws (“Veterinarian”), or you are a professional corporation duly organized, validly existing, and in good standing, established for the purpose of practicing veterinary medicine (“ProfessionalCorporation”), as applicable;
• You are not engaging Healthy Pets as an agent or obligated by any law to engage Healthy Pets as an agent, and have not taken any steps that could result in Healthy Pets being engaged as an agent in performing the Services;
• No content, data or information of any kind uploaded or transmitted by you shall infringe on any intellectual property rights owned by any third party; and
• To the extent that you use the Site and Services to provide a veterinary consultation to a User, you will not, in providing such veterinary consultation, require a payment or the furnishing of
consideration from the User in excess of the payment or consideration that you are permitted to require under any applicable Law.
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 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.
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.
9. 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.
10. 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.
11. 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.
12. 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.
13. PAYMENT FOR ACCOUNT
You agree to pay any fees related to your use of the Site and Services that may be imposed by Healthy Pets from time to time, including without limitation any subscription fees. By submitting payment
information to us, you give Healthy Pets permission to charge the credit card or other 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. Healthy Pets will bill you in the manner agreed upon at the time of Account creation.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 Service that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.
14. 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.
15. 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.
16. LIMITATION OF LIABILITY AND INDEMNITIES
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.
AS BETWEEN YOU AND HEALTHY PETS, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR 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 A USER’S PET IN CONNECTION WITH ANY INFORMATION OR ADVICE YOU PROVIDE THROUGH THE SITE AND SERVICES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HEALTHY PETS FROM ANY CLAIM
RELATED TO ANY INFORMATION OR ADVICE PROVIDED BY YOU, REGARDLESS OF WHETHER ANY INFORMATION PROVIDED TO YOU BY THE USER WAS CORRECT,TRUTHFUL OR ACCURATE.
OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR OTHERWISE.
YOU TO HEALTHY PETS AS OF THE TIME AT WHICH THE SUBJECT MATTER GIVING RISE TO YOUR CLAIM AGAINST HEALTHY PETS AROSE.
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.
17. 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.
19. 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.
(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.
and enforceability of any remaining provisions.
USE AT YOUR OWN RISK.