Last Updated: April 6, 2020
Welcome to GuardianVets!
and all related sub-domains, tools and services or (collectively, the “Site”). As used in this Agreement (including the Veterinary Informed Consent Requirement)
, "GuardianVets," "we," "us," and "our" shall mean GuardianVets, and its subsidiaries and affiliates. The GuardianVets Services and the Site, collectively, may be referred to herein as the “Service”. “You” refers to any person accessing and/or using the Site or the Services, as a pet owner or veterinary practice.ACCEPTANCE OF TERMS.
NOT VETERINARY MEDICAL CARE, DIAGNOSIS OR TREATMENT
You and your clients understand that GuardianVets is not a medical provider. The content of this Site (“Content”) is for general information purposes only. The Content should not be considered veterinary medical care advice and is not a substitute for professional veterinary care advice, diagnosis, or treatment. We do not represent or warrant that any health, behavior or wellness suggestions or recommendations referred to or described in the Content will be safe, appropriate, or effective for your pet. IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY MEDICAL CARE IMMEDIATELY. NEVER DISREGARD YOUR VETERINARY CARE PROFESSIONAL’S ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANYTHING IN THE CONTENT OR OTHERWISE RELATED TO OUR SITE. Any consultations provided through the Site is not intended to create and does not constitute any professional relationship between us (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you or your clients, and does not create any veterinarian-client-patient relationship in any capacity whatsoever. Even if those providing information via the Site mention professional licensure or other credentials, they are limited to providing information and education, and are not providing any clinical service, are not providing any diagnosis and are not suggesting any specific treatment. Information provided through the Site or us should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but is merely intended to serve as one resource for general and educational purposes.
Site Intended for United States Audience
This Site is intended for residents of the United States only. Access to this Site or the Content may not be legal by certain persons or in certain countries. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any portion of the Content in violation of the United States export laws and regulations. GuardianVets’ services referred to or described in the Content may not be available in all states.USERS; GENERAL ACCESS.
You may be accessing and using the Site as pet owner or veterinary provider. Your right to use the Site is limited in scope, revocable, personal, non-transferable and non-exclusive. You are responsible for obtaining any equipment and Internet service necessary to access the Services. You acknowledge that the Services are evolving and that the form and nature of the Services may change from time to time without notice to you.
ACCESS AND USE TERMS.
(a) General Access and Use Rights. Subject to the terms and conditions of this Agreement, GuardianVets hereby grants to you, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Site. Your access to the Site must be via login credentials to be provided by GuardianVets or your employer (“Login Credentials”). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Site, (ii) share your Login Credentials with any third party or (iii) transfer your account on the Site to any third party. GuardianVets is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or to remarket the Services or to provide access to the Services to any third party. GuardianVets may terminate any Login Credentials in its sole discretion.
(b) Your Submissions of Content. You represent and warrant to us that you have the right to provide all content that you submit to the Services (the “Submissions”) for the purposes of this Agreement.
STANDARDS OF CONDUCT AND APPLICABLE LAW
(a) Conduct. You may not use the Services to:post any Submissions or other content that is, or which GuardianVets considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;
introduce viruses, worms, Trojan horses and/or harmful code to the Site or on the Internet;
display material that exploits children under 18 years of age;
post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party;
post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
intentionally or unintentionally violate any applicable law; or collect, save or otherwise download content from our Site using automated means such as bots, robots or scrapers. GuardianVets reserves the right to remove any Submissions from the Services at any time in our sole discretion.
(b) Applicable Law. Your use of the Services is subject to all applicable, local, state, national laws and regulations. You may only use the Services for lawful purposes. You shall not use or allow others to use the Services in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS
(a) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the Services for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Services or any software component of the Services; (iv) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; or (vi) circumvent or disable GuardianVets’ copyright protection mechanisms or license management mechanisms.
(b) Ownership. You acknowledge that the structure, organization, intellectual property such as trademarks or trade secrets and code used in conjunction with the Services are proprietary to GuardianVets and that GuardianVets and/or its licensors retain exclusive ownership of the Services, documentation, and any other intellectual property rights relating to the Services, including all modifications, enhancements, derivatives, and other software and materials relating to the Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by GuardianVets or copies thereof to others in violation of this Agreement.
(c) No Other Rights. Except as expressly set forth in this Agreement or other written agreement between you and GuardianVets, no license or other right in or to the Services or content is granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
(d) Suggestions. If you provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to GuardianVets for improvements to the Services, you hereby grant to GuardianVets a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Services and any other products or services.LIMITED WARRANTY
(a) Mutual Warranties; Disclaimer. Each of you and us represents and warrants to the other party that such party has the legal power to enter into this Agreement.GuardianVets does not warrant or represent that the Services will be error-free, uninterrupted or secure.
(b) Disclaimers. You acknowledge that the Services are provided “AS IS” and is based in part on Submissions provided by you, which are not verified by GuardianVets, and that any content acquired through the use of the Services is at your sole risk and discretion. GuardianVets and its suppliers are not liable or responsible for any results generated through the use of the Site. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.
(c) Exclusion for Specific Jurisdictions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
LIMITATION OF LIABILITY
(a) Limitation. GuardianVets’ aggregate liability for all claims arising from this Agreement, cumulatively between you and GuardianVets, shall not exceed one hundred United States dollars ($100). Further, GuardianVets shall not be liable for any property damage caused by the use of the Services, reports produced through the use of the Services or by any errors, delays or failures of the Services.
(b) Disclaimer. IN NO EVENT SHALL GUARDIANVETS, ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GUARDIANVETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(c) No Liability to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, GUARDIANVETS DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.
(a) By You
. You shall indemnify and hold GuardianVets, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by (i) your Submissions hereunder, (ii) your use of the Services; (iii) your use of any Content or Submissions that you acquire via the Services and/or (iv) your gross negligence or willful misconduct.
(b) By GuardianVets
. GuardianVets shall indemnify and hold you harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by a claim alleging that the Services (excluding all Submissions) directly infringes a copyright, a U.S. patent issued prior to the commencement of the term of this Agreement or a trademark of any party.
. A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: (i) providing the indemnifying party with prompt written notice of such claim, action or proceeding, (ii) permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and (iii) cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.REFUND POLICY
No amounts paid hereunder or in any event shall be refundable under any circumstances unless previous written permission is provided.
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting GuardianVets’ copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.Your name, address, telephone number and (if available) e-mail address.
A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner’s behalf.A signature or the electronic equivalent from the copyright holder or authorized representative.
GuardianVets’ agent for copyright issues relating to this Site is [email protected]
In an effort to protect the rights of copyright owners, GuardianVets maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
GOVERNING LAW; JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your access to the Site or use of the GuardianVets Services shall lie exclusively in, or be transferred to the courts of Cook County and/or the District of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action. Notwithstanding the foregoing, GuardianVets shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction.
LINKS TO THIRD-PARTY WEB SITES
This Site may contain links to non-GuardianVets websites. These links are provided to you as a convenience, and GuardianVets is not responsible for the content of any linked web site. Any non-GuardianVets web site accessed from this Site is independent from GuardianVets, and GuardianVets has no control over the content of that website. In addition, a link to any non-GuardianVets website does not imply that GuardianVets endorses or accepts any responsibility for the content or use of such website.VETERINARY INFORMED CONSENT REQUIREMENT.
As a condition to the Services, you, the pet owner accessing the Services, may be required to sign a consent document stating that, without limitation:
—You authorize the applicable veterinary practice to use telemedicine in the care of your pet.
—Your pet has been physically examined by a veterinarian at the applicable veterinary practice within the last 12 months.
—You are physically present in the state that the applicable veterinary practice is located in.
—You understand that veterinary telemedicine uses electronic communications to enable veterinarians to advise, diagnose, treat, follow-up, and educate, and may include patient medical records, medical images, live two way audio and video, and output data from medical devices.
—You understand that the benefits of veterinary telemedicine may include improved access to care and more efficient medical evaluation and management.
—You understand that the risks of veterinary telemedicine include but are not limited to insufficient transmission of information, delays in medical evaluation and treatment due to deficiencies or failure of equipment, or in rare cases, a lack of access to complete medical records could result in adverse drug interactions, allergic reactions, or other judgement errors.
—You understand that you have the right to withhold or withdraw your consent to the use of veterinary telemedicine.
—You understand that a variety of alternate methods of veterinary care may be available to you.
—You understand that no results can be guaranteed or assured.
—Specific informed consent requirements may vary among veterinary practices.
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web application software and mobile services offered by Guardian Vets, Inc. and its affiliates (the “Services”) and the website located at https//www.guardianvets.com
. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Guardian Vets Site. By using the Services or accessing the Guardian Vets Web Application, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Guardian Vets Software and Services.
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Guardian Vets Applications for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:1. Illegal, Harmful or Fraudulent Activities.
Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, fraudulent goods, services, schemes, promotions or content that infringes or misrepresents the intellectual property or proprietary rights of others.
2. Offensive Content.
Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
3. Harmful Content.
Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
Prohibited activities include:
1. Unauthorized Access.
Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
Monitoring of data or traffic on a System without permission.
3. Falsification of Origin.
Forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:1. Monitoring or Crawling.
Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
2. Denial of Service (DoS).
Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
3. Intentional Interference.
Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
4. Operation of Certain Network Services.
Operating network services like open proxies, open mail relays, or open recursive domain name servers.
5. Avoiding System Restrictions.
Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
No EMail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Guardian Vets Software.
1. Investigate violations of this Policy or misuse of the Services or Guardian Vets Software;
2. Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or Guardian Vets software.
3. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.
FOR ADDITIONAL INFORMATION.
If you have any questions about the rights and restrictions above, please contact us by email at [email protected]
© 2020 GuardianVets. All Rights Reserved.