1. THIS IS AN AGREEMENT BETWEEN YOU AND PET360, INC. t/a PETMD (“PETMD”)
This is an agreement ("Agreement") between you and PET360, INC. t/a PETMD ("PETMD"). This Agreement governs your use of any Web site or Web page operated by PETMD, including without limitation the ASK PETMD service (collectively the “PETMD Web”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. If you are under the age of 18, you have the permission of your parent or guardian to access the PETMD Web.
PETMD OFFERS THE PETMD WEB TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE PETMD WEB CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW PETMD MAY MODIFY THIS AGREEMENT
PETMD reserves the right to change the terms, conditions, and notices under which it offers the PETMD Web, including any charges associated with the use of the PETMD Web. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any PETMD Web Site. Your continued use of the PETMD Web after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. NO UNLAWFUL OR HARMFUL USE OF THE PETMD WEB
You will not use the PETMD Web in any way that is unlawful, or harms PETMD, its affiliates, service providers and/or suppliers (each, a "PETMD Party" and collectively, the "PETMD Parties") or any customer of a PETMD Party, as determined in PETMD's sole discretion. Without limiting the generality of this section, you may not use the PETMD Web in any manner that could damage, disable, overburden, or impair any PETMD Web Site (or the network(s) connected to any PETMD Web Site) or interfere with any other party's use and enjoyment of the PETMD Web. Without limiting the generality of this section you will not use the PETMD Web to: (a) transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail; (b) post anything fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (See, PETMD’s DMCA Notice); (c) do anything that is illegal or that violates any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with PETMD; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or (f) promote any obscene material or child pornography.
4. MATERIALS YOU POST OR PROVIDE CAN BE USED BY US
For materials you post, submit or otherwise provide to PETMD related to the PETMD Web (a "Submission"), you grant PETMD a worldwide, perpetual, exclusive, royalty free, irrevocable license to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission in connection with the promotion of the goods and services of PETMD, and (2) sublicense such rights, to the maximum extent permitted by applicable law. PETMD will not pay you for your Submission. PETMD may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
Any submission protected by copyright or trademark law for which you do not have appropriate rights cannot be reproduced. By submitting, posting or otherwise providing PETMD with material you acknowledge that you are the owner of the material or that you have obtained all legal and necessary clearances, licenses and permission to reproduce any and all submitted materials, and that you are in compliance with all applicable laws, regulations, court orders and ordinances, from wherever issued.
You agree to indemnify, and hold harmless PETMD from and against any and all liability, loss, damage, cost (including attorney’s fees, accountant fees, costs of suit, court costs and loss of profits) from or related to a breach of this section, for which PETMD shall have the right to obtain preliminary and final injunctions and other equitable relief in the event of any breach.
5. INFORMATION AVAILABLE FROM THE PETMD WEB
PETMD and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the PETMD Web. PETMD and its suppliers do not authorize the use of information available from the PETMD Web for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the PETMD Web is intended to constitute professional advice.
6. ORDERING GOODS AND SERVICES – GENERAL TERMS
In general, you may place an order at any time the PETMD Web is operational and you agree to pay the price in U.S. Dollars listed on the PETMD Web. Any errors or omissions in pricing are subject to correction by PETMD. Such prices do not include shipping, handling or taxes, which will be added to your final invoice price. You are responsible for paying shipping, handling and any local sales or use taxes that may apply to your order. You will also bear all costs associated with a disputed credit card charge which results in action from PETMD’s merchant account provider, otherwise known as “chargebacks”. In the event that PETMD permits you to pay by check you are responsible for all fees charged if your check is not honored. PETMD only accepts the methods of payment offered to you when you place your order through the PETMD Web.
PETMD reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. PETMD also reserves the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.
By participating in PETMD’s promotions, registering as a member, ordering a product or requesting promotional information or product updates, you agree that PETMD may use your information for marketing and promotional purposes.
7. THE ASK PETMD SERVICE
The PETMD Web includes the ASK PETMD Service for educational and entertainment purposes. Your use of this service is subject to all of this Agreement, and in addition, to the following specific terms.
You acknowledge that the contents of ASK PETMD are not intended to be a substitute for professional veterinary advice, diagnosis, or treatment, and that you will always seek the advice of your veterinarian or other qualified provider with any questions you may have regarding a medical condition. You agree that you will never disregard professional advice or delay in seeking it because of something you have read on the Site.
7.1 Payments and Refunds. ASK PETMD permits you to post questions that will be answered by veterinarians and other professionals (“Professional(s)”). With the pay-per-question format you will pay for the answer at PETMD’s then current prices, at the time of the submission, and subject to the general terms and conditions of this Agreement. PETMD does not guarantee that you will receive a response from a Professional, or that you will be satisfied with your communication with a Professional. In the rare instance that no Professional responds at all to your question within thirty (30) days, PETMD will refund your entire payment. If, in PETMD’s sole discretion, your question is inappropriate in any way, then PETMD will notify you and immediately refund your full payment and you will not receive an answer. Finally, refunds are available if you are not satisfied, in your sole discretion, with the answer you received from the Professional. You must submit a refund request for this reason within thirty (30) days of the date you received your answer. You can make this refund request simply by following the links at ASK PETMD or contacting PETMD customer service. If you do not request a refund within thirty (30) days of receiving your answer, PETMD is not required to provide you a refund for any reason and shall be entitled to retain the full amount of your payment as compensation for facilitating the response from the Professional.
7.2 The Professionals. ASK PETMD is a venue for informational and educational purposes to allow you to ask questions and Professionals to answer them.
A. Users of ASK PETMD provide the content, not PETMD. The Professionals determine which questions to answer; Professionals are not employees or agents of PETMD but are, like you, simply users of the ASK PETMD. PETMD is not involved in the conversation between you and the Professionals and does not refer you to or endorse or recommend particular Professionals. You acknowledge that PETMD cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of on ASK PETMD. Accordingly, PETMD is not liable for any acts or omissions of the Professionals, content on ASK PETMD, or the ability of the Professionals to answer questions. Notwithstanding the foregoing, PETMD reserves the right, but is not obligated, to refuse to post or to remove any content, or refuse to permit a question to be processed.
B. PETMD asks Professionals to submit the biographies posted on the PETMD Web, but does not itself verify each of the credentials represented therein. The results of the verifications are only as accurate as the information provided by the Professional. PETMD does make an effort to verify the general nature of a Professional’s practice, but cannot warrant or guarantee what is set forth in the Professional’s biography. For these reasons, PETMD cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of the Professionals. PETMD will not be liable for any loss or damage caused by your reliance on any information or content contained in the biographies of the Professionals or in the answers that you receive.
7.3 ASK PETMD is Public NOT Private. Communications through ASK PETMD are not confidential and shall not be the subject of any associated privileges. Communications on ASK PETMD are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. Before you can interact with a Professional, you will be required to agree to a Disclaimer reminding you of these and other important provisions of this Agreement.
7.4 Restrictions on Use. You are prohibited from soliciting any users of the PETMD Web, including the Professionals, for any purpose (including inviting others to contact you off of the PETMD Web or inviting them to participate in a website that competes with PETMD or the ASK PETMD service, or charges money to receive answers or to communicate with purported professionals or experts). You will not post any links to any other website designed to facilitate commerce through that site or to otherwise promote any product or service.
8. PETMD MAKES NO WARRANTY
PETMD PROVIDES THE PETMD WEB "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PETMD PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE PETMD PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PETMD WEB WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY PETMD PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE PETMD WEB, EVEN IF SUCH PETMD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PETMD WEB, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PETMD PARTY WITH RESPECT TO THIS AGREEMENT OR THE PETMD WEB, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PETMD WEB.
10. TERMINATION; ACCESS RESTRICTION
PETMD may terminate this Agreement, or terminate or suspend your access to the PETMD Web at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the PETMD Web will immediately cease.
11. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
All claims arising from or related to this Agreement and the PETMD Web will be adjudicated under the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Montgomery County, Pennsylvania, USA in all disputes arising out of or relating to this Agreement or to your use of the PETMD Web.
12. JURY TRIAL WAIVER
YOU AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY.
13. NO CLASS ACTIONS
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST PETMD ARISING OUT OF OR RELATING TO YOUR PURCHASE OR USE OF GOODS OR SERVICES FROM THE PETMD WEB.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. PETMD may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the PETMD Web. Except as expressly stated herein, this Agreement constitutes the entire integrated agreement between you and PETMD with respect to the PETMD Web and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PETMD with respect to the PETMD Web. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AGREE THAT YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PETMD WEB WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.