Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.
Disclaimers and Limitations of Warranties
1. Purpose. This site is provided as a research, reference, and education forum. Although we make every reasonable effort to ensure that the information, analytical tools and data provided at this site are useful, accurate, and current, we cannot guarantee that the information, tools and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
2. Discretion of www.vetvine.com. PVS may at any time and without liability (a) cancel the membership of a Member, removing the related Member Profile page or (b) remove information that it considers to be misleading in form or content, in bad taste, adverse to public interest, in violation of applicable law, or otherwise inappropriate for the character of the PVS website.
3. Limitation of Liability. In no event shall PVS be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages or loss of goodwill arising from your use of the PVS website or its services, regardless of the legal or equitable theory upon which any such claim may be based. PVS shall not be liable even if PVS has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PVS's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PVS for the PVS services.
4. Website Downtime. We expect that the PVS website will be available to authorized users 24 hours a day, 7 days a week, but we cannot guarantee such availability. We will not be liable for any delay, outages, or temporary disruption in access, no matter for how long, due either to technical problems, acts of God, actions by governmental or quasi-governmental entities, or circumstances beyond our reasonable control.
5. Disclaimer. This site and its contents are provided "as is." To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to any information contained on, accessible through or derived by you from this site and with respect to any products or services purchased by you through this site. We likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using this site. You (and not PVS) assume the entire cost of all necessary servicing, repair, or correction. We neither warrant nor represent that the services or information available through this site will enable you to achieve any particular result or outcome, medical, legal, economic, educational, or otherwise. We will not be liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues, lost profits, loss of goodwill, or loss of data arising out of your use of this site. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees you have paid to us in connection with your access to this site and/or for products or services you have purchased from us through this site.
Please remember that medical information provided by PVS, in the absence of a visit with a veterinary health care professional, must be considered as an educational service only. The information sent through e-mail should not be relied upon as a medical consultation. This mechanism is not designed to replace a veterinarian's independent judgment about the appropriateness or risks of a diagnostic course, procedure and/or treatment for a given patient. We will do our best to provide you with information that will help you make your own health care decisions.
This web site contains links to web sites operated by other parties. The links are provided for your convenience only. We do not control such websites and we are not responsible for the content and performance of these sites. The inclusion of links to other sites does not imply any endorsement of the material on the websites or any association with their operators. PVS does not operate, control or endorse any information, products or services provided by third parties through the internet. Use of other sites is strictly at your own risk including any risks associated with destructive viruses.
6. Indemnification from Breach. You agree to indemnify and hold PVS, its Members, partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand (including, but not limited to, reasonable attorneys' fees) made by any third party due to or arising out of your use of the PVS in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the PVS Services.
Privacy Rights & Copyright
7. Copyright of www.vetvine.com. This site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this site are likewise subject to copyright protection, including the copyrights of individual Members who author or create works for use on PVS. You agree to honor the copyrights in this site (including the selection, coordination and arrangement of the contents of this site) and in the works available on or through this site. In addition, trademarks belonging to us or to third parties appear on this site or are accessible through this site; the fact that we have permitted you access to this site does not constitute authorization to reproduce such trademarks for any other purpose.
8. Content Voluntarily Provided. Content voluntarily provided by a Guest or Member on the PVS website will be presumed by PVS to be owned by the party who provided the information. For content voluntarily provided to PVS, the additional provisions apply:
a. You grant PVS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with PVS. This license to use Content voluntarily provided ends when you delete your Content or your account, except to the degree that the Content has been shared by others on the PVS website and they have not deleted it, and to the extent that such information is in archival records on PVS.
b. Content which is provided on the PVS website grants all users of the PVS website the ability and right to access and use that information and to associate it with you.
c. By submitting any material to us, such as by posting a comment to a chat group, blog, or a forum, or by sending us an e-mail or other form of message, you are thereby granting us a non-exclusive license to reproduce, display, distribute, modify and create derivative works from such material and to use such material and the fact of your authorship of it for marketing purposes. We reserve the right to remove from the site material submitted by third parties.
d.By participating in a live CE course, you agree to have your Member identification, and any comments made by you during the course of the CE program, retained and archived. Thus the presence of a Member within a CE course (i.e. the Member's username as seen during the CE course), and any comments made by Members, may be included in copies of that CE course provided for archived online (but not live) CE purposes
10. Protection of Personal Information. PVS will not sell your personal information. PVS will not disclose your personal information to other entities without written consent, unless legally required by law enforcement or other governmental or quasi-governmental regulatory entities. PVS will not use your information to direct personalized advertisements to Members or Member Profile webpage. PVS cannot protect personal information that a User voluntarily shares or otherwise provides on a PVS website / VetVineR. While PVS will take extensive and reasonable measures to protect sensitive information provided to PVS, through encryption, firewalls, and other such means, there is no method to ensure perfect security. PVS encourages Members to use a strong password, a different password than used for other sites, and antivirus software to help further protect information shared on the PVS website / VetVine.
Veterinary Specialty Consulting Service
11. The information provided is designed to support, not replace, the relationship that exists between site visitor and his/her veterinarian. Because this consultation does not include our specialist's direct examination and administration of medical care for the pet, it does not lawfully meet the requirements of a valid veterinarian-client-patient relationship. As such, we do not guarantee nor can we assure any outcome for the pet, and hereby are released of any liability associated with decisions made by the primary care veterinarian on behalf of the pet.
Although there is no substitute for a "hands on" evaluation, our Service provides guidance, opinions, and recommendations for the primary care veterinarian to consider and implement in the care of their patient.
This telemedicine behavior consultation service is an extension of the primary care veterinarian's practice. In order for us to proceed in providing the consultation, the primary care veterinarian must consent to fully participate and the pet owner must consent to sharing of the pet's medical information.
MEDICAL DISCLAIMER. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL YOUR VETERINARIAN OR NEAREST EMERGENCY PET HOSPITAL TO GET PROMPT MEDICAL ATTENTION FOR YOUR PET. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR PET'S IMMEDIATE, URGENT MEDICAL NEEDS. THIS E-MAIL IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES. PVS CANNOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO USE THIS E-MAIL IN THE EVENT OF A MEDICAL EMERGENCY.
ALTHOUGH OUR HEALTH INFORMATION CONTENT IS REVIEWED AND APPROVED BY LICENSED VETERINARY PROFESSIONALS, PVS DOES NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
12. Membership Eligibility. Use of the PVS website as a "Member" requires registration with PVS. Membership is restricted to licensed veterinary professionals (if applicable), and a Veterinarian Member must provide proof that he or she is a licensed veterinary professional in good standing (or its equivalent). Any Member whose license to practice is revoked, suspended, inactive, or is otherwise in a status where the Member is not authorized to practice veterinary medicine must (a) notify PVS of status of their license and (b) fully describe the reason why the Member's license to practice is not actively sin good standing (or its equivalent). PVS reserves the right to suspend, disable, or delete the account of a Member who is not currently licensed to practice veterinary medicine. A Member who is retired from the practice of veterinary medicine may request to remain a Member, in order to continue to participate in CE programs and to keep a Member Profile page, but with the express notification of a "(Ret.)" status, so as to not mislead or confuse others.
13. Member Account. If you register as a user of the PVS website, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify PVS of any unauthorized use of your username and password or any other breach of security.
14. Non-Transferability.The right to use the PVS website as a Member is not transferable. Any password or right given to you to obtain information is not transferable.
15. Representations by Members. Members are responsible for all content within their member Profile and for all uses they make of the PVS website. Members agree that any information within their "Member Profile" is accurate and does not violate applicable law, including the civil or property rights of any third party. The Member represents that they have the right to post any text or image or other intellectual property and that the Member will jointly and severally indemnify PVS from any liability, loss or expense for any third party claim or lawsuit for libel, plagiarism, copyright or trademark infringement, invasion of privacy, or any other claim based on the content posted to the PVS site by the Member. Member is solely responsible for Content provided and that PVS has no obligation under this agreement for monitoring or verifying any information or materials included as part of Member provided Content. Notwithstanding the preceding sentence, PVS reserves the right to reject and not include on the PVS website any Content provided to PVS by a Member. Nothing herein shall be construed to mean that PVS exerts editorial control over such information or content.
16.Prohibited Use of Website. The following non-exclusive list of activities are explicitly prohibited:
a. You may NOT submit or upload data that contain viruses or other harmful computer code or data, [DDOS attack], or use the PVS website in any manner that in our judgment has the effect of disrupting others' use of PVS.
b. You will NOT provide intentionally or knowingly false information on the PVS website, or create an account for anyone other than yourself without permission.
c. You may NOT use PVS to advertise any product or service, or to solicit for funds, goods, or services, without our prior written consent. In the case of Members, this provision constitutes written consent to advertise for veterinary services provided by a Member or for a veterinary services entity the Member is directly affiliated with. You specifically acknowledge that soliciting other guests of the Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
d. Use of any robot, spider, scraper, bot, or other automatic device, or manual process to monitor or copy PVS web pages or the Content therein, or to collect the personal information of PVS Members, is strictly forbidden.
e. You may not knowingly contribute any information or content to the PVS website or VetVineR that will violate the copyright or privacy rights of any third-party. You agree to indemnify PVS and VetVineR from any such violation as per section 6 of this agreement.
17. Unlawful Statements. You may NOT submit or upload statements, data, or materials to PVS that are harassing, threatening, obscene, defamatory, slanderous, libelous, racially or sexually offensive, invasive or revealing of others' privacy, or otherwise unlawful. "Unlawful" as used here means, without limitation, violation of any civil or criminal laws and the unauthorized use of proprietary materials owned by others, such as text and audio-visual material protected by copyright, trademarks and logos, and commercial uses of the name or likeness of persons living or dead.
18. Unauthorized Use of Materials. Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by vetvine.com or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site. No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from PVS, or the copyright holder identified in the copyright notice contained in the Content.No User of VetVineR or any PVS website is allowed to create derivative works, or cause any derivative work to be created, based on the Content of VetVineR or any other PVS website, unless that User legally possess copyright in such Content, without the prior written consent of VetVineR / PVS and the prior written consent of any other relevant copyright owner.
19. Definitions. www.vetvine.com ("PVS" or "us" or "we") operates the website vetvine.com and petsvetspace.com as well as the VetVineR professional networking platform. As used herein, the term "Guest" refers to one who merely browses the PVS websites without being registered, the term "Member" refers to one who has registered with PVS, and the term "User" refers to either a guest or a Member. A "Member Profile" refers to the webpage of a Member, within the VetVineR platform, which contains basic identification information of a Member, and may optionally include more personal information about a Member, all of which is provided by the Member.
20. Applicable Law and Venue. By using the PVS website, either as a Guest or a Member, you agree to be bound by these Terms and Conditions, which shall be governed and interpreted solely in accordance with the substantive law of the State of New York (without regard to that State's conflict of laws) and the Federal laws of the United States (if applicable). Users of the PVS website further agree that any dispute or claim concerning advertising submitted hereunder shall be exclusively litigated in a state or federal court having competent jurisdiction in New York county, which PVS website users agree shall have personal jurisdiction over them. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely.
21. Users Outside the United States. You consent to having your personal data transferred to and processed in the United States.
Entire Agreement. These Terms and Conditions replace and supersede any prior agreements, understandings, or representations (oral or written) made by or between the parties and concerning this subject matter. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If PVS fails to enforce any of these Terms and Conditions, it will not be considered a waiver. These Terms and Conditions may not be amended or waived except in writing signed by both PVS and the Guest or Member.
a. Membership and Continuing Education course fees - Memberships can be cancelled at any time. Refunds are not given for unused portion of Memberships.
b. Publication purchases - Refunds are not granted on purchases of any featured publications including articles or chapters.
c. VetVine Specialty Consulting Service (VSCS) Consultations - If the VSCS does not fulfill a consultation request of a site visitor due to their veterinarian's denial of consent, or due to VSCS' denial or inability to fulfill the request, the consultation fee will be 100% refundable except for a 10% processing fee. If a site visitor cancels a scheduled and confirmed consultation request, the consultation fee will be 100% refundable except for a $20 cancellation + 10% transaction processing fee.