This is a binding agreement ("Agreement") between EquineDentalVets.com ("EDV") and you, the user ("You" or "Your"). EDV's Web Site, www.equinedentalvets.com, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using EDV's Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
The information and materials available through EDV's Web Site, including without limitation the EDV Web Services, is for informational and educational purposes only and is not a substitute for the professional judgment of veterinary professionals in diagnosing and treating aniamls. The medical, scientific and general information included on EDV's Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of EDV.
EDV AND EDV'S WEB SITE, INCLUDING WITHOUT LIMITATION EDV'S WEB SERVICES, DO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH EDV'S WEB SITE, INCLUDING WITHOUT LIMITATION ON EDV'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
As a condition of Your use of EDV's Web Site, You represent and warrant to EDV that You will not use EDV's Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.
You represent and warrant that You will not use EDV's Web Site in any manner which could damage, disable, overburden or impair EDV's Web Site or interfere with any other party's use and enjoyment of EDV's Web Site.
The EDV Members Only portion of EDV's Web Site ("Members Only Site") will be accessible only to dues paying members of EDV ("Members"). All Member information provided to EDV and posted on EDV's Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If EDV at any time discovers any error or omission in the information You provide, EDV may in its sole discretion terminate Your right to access and use of the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your EDV Member information to access any portions of EDV's Web Services which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.
EDV's Web Site may contain chat areas, forums, news groups, bulletin board services and other facilities ("EDV Web Services") that permit You to communicate with other EDV Members. You agree to use these EDV Web Site only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using EDV Web Site, You will not:
EDV has no obligation to screen or monitor EDV's Web Site; however, EDV reserves the right to review information or materials posted to EDV's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of EDV's Web Site. EDV reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from EDV's Web Site, including without limitation any information or materials posted through use of EDV's Web Services, regardless of whether such material does or does not violate this Agreement or any of EDV's policies, guidelines, or other codes of conduct which are applicable to EDV's Web Site or in particular to one of EDV's Web Services.
EDV DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY OF EDV'S WEB SERVICES, AND EDV SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO EDV'S WEB SERVICES. EDV DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON EDV'S WEB SERVICES UNLESS IT IS PROVIDED BY AN AUTHORIZED EDV SPOKESPERSON. ANY STATEMENTS MADE ON EDV'S WEB SERVICES REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. EDV'S WEB SERVICES WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF EDV, WHO ARE NOT AUTHORIZED EDV SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING EDV'S WEB SERVICES DO NOT NECESSARILY REFLECT THOSE OF EDV.
The Members Only Site is intended by EDV to require a user identification and password to access and use. Certain EDV Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing EDV in writing of any need to deactivate or replace any Member Information due to security concerns. EDV is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify EDV immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to EDV under this section of the Agreement may be accomplished by sending e-mail to email@example.com or by conventional mail to:
American Speech-Language-Hearing Association
2200 Research Boulevard #420
Rockville, MD 20850
At EDV we advertise and offer for sale our products and other third party products. Unless indicated otherwise, most products and services featured on the site are available directly from or through EDV's Web Site. EDV has made a conscientious effort to display and describe its products and services on EDV's Web Site accurately so that You may preview their design and use. Furthermore, EDV is constantly improving its information, products and services. Consequently, EDV cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.
If a product offered by EDV on EDV's Web Site is not as described, your sole remedy is to return it pursuant to our Quality Guarantee Warranty information regarding any products and services featured on EDV's Web Site is available at no cost to You by e-mailing the EDV Product Sales Department at firstname.lastname@example.org.
RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. EDV RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
ALL ITEMS PURCHASED FROM EDV ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.
All contents of EDV's Web Site are: Copyright ©2010-2013 EDV. All rights reserved.
EDV's Web Site and the content displayed on EDV's Web Site and all software, data and information used to provide EDV's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to EDV, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on EDV's Web Site is the exclusive property of EDV and is protected by the copyright laws of the United States and other countries.
EDV does not claim ownership of the individual materials or information You may provide to EDV, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to EDV's Web Site including without limitation any of EDV's Web Services. However, if You provide such materials or information to EDV:
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from EDV's Web Site, without the prior written permission of EDV. Please refer to the copyright statement for further information and for details on requesting permission to reuse our content.
EDV grants You the limited and nonexclusive right and license to access or download content from EDV's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through EDV's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use EDV's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to EDV and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from EDV's Web Site as authorized hereunder.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to EDV's names, logos, logotypes, trade dress, designs, or other trademarks.
Trademarks: EQUINE DENTAL VETS.
Any rights not expressly granted herein are reserved.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law EDV has adopted a policy of terminating, in appropriate circumstances and in EDV’s sole discretion, accounts deemed to be repeat infringers. EDV may also, in its sole discretion, limit access to the Web Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Web Site or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Web Site, you may provide our designated agent with information about your allegations of repeat infringement.
If you believe in good-faith that anything on the Web Site infringes any copyright that you own or control, you may file a notification of alleged copyright infringement with our designated agent. To be effective, the notification must be a written communication that includes:
The alleged infringer may provide our designated agent with a proper counter-notification. To be effective, the counter-notification must be a written communication that includes the following information:
We suggest that you consult an attorney before sending us a notification or counter-notification.
EDV's Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of EDV, and EDV is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by EDV of the sites or any association or relationship with its operators.
EDV reserves the right in its sole discretion to terminate Your access to EDV's Web Site, including without limitation EDV's Web Services, at any time without notice for any reason whatsoever.
Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
EDV reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH EDV'S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. EDV MAY MAKE IMPROVEMENTS OR CHANGES TO EDV'S WEB SITE AT ANY TIME. ADVICE RECEIVED VIA EDV'S WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
EDV MAKES NO REPRESENTATIONS ABOUT EDV'S WEB SITE, INCLUDING, WITHOUT LIMITATION, EDV'S WEB SITE'S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH EDV'S WEB SITE. EDV PROVIDES EDV'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EDV DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO EDV'S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH EDV'S WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF EDV'S WEB SITE IS TO DISCONTINUE USING EDV'S WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL EDV BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF EDV'S WEB SITE, WITH THE DELAY OR INABILITY TO USE EDV'S WEB SITE OR EDV'S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH EDV'S WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF EDV'S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EDV HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL EDV BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH EDV'S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH EDV'S WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
YOU AGREE TO INDEMNIFY EDV FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF EDV'S WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. EDV WILL NOTIFY YOU OF ANY CLAIM FOR WHICH EDV SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO EDV'S INTERESTS, AS REASONABLY DETERMINED BY EDV AT ITS SOLE DISCRETION.
This Agreement is governed by the laws of the State of Victoria, AUSTRALIA. You hereby consent to the exclusive jurisdiction and venue of courts in Victoria in all disputes arising out of or relating to the use of EDV's Web Site. Use of EDV's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and EDV as a result of this Agreement or use of EDV's Web Site, including, without limitation, EDV's Web Services.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and EDV with respect to EDV's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and EDV with respect to EDV's Web Site, including without limitation to EDV's Web Services.
Notices given by EDV to You will be given by a general posting on EDV's Web Site or by an e-mail, if an e-mail address is available. Notices given by EDV to Members may also be given by conventional mail. Notices to EDV must be sent by conventional mail to:
Equine Dental Vets
PO Box 1822
WODEN, ACT 2606
EDV may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member without the prior written consent of EDV.
Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.