Terms and Conditions for HealthyPet.com Website
User’s representations
You represent and warrant that you are at least 18 years of age; possess the legal right and ability to agree to these Terms and Conditions; will use this site in accordance with these Terms and Conditions; and will comply with all your responsibilities and obligations as stated in these Terms and Conditions and Conditions.
Proprietary Rights
You acknowledge and agree that HealthyPet.com contains proprietary and confidential information which is the property of the American Animal Hospital Association (“AAHA”) including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. AAHA (also “we,” “us,” and “our”) authorizes you to view and make a single copy of portions of the content of the site for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
Termination of Agreement
The Terms and Conditions of this agreement will continue to apply until terminated by us without notice at any time for any reason. Terms and Conditions that are to continue shall be unaffected by the termination of this agreement. If you violate the Terms and Conditions, your use of this site will terminate. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site or modify the site or any portion thereof at our sole discretion and without notice to you even if it may result in you being prevented from accessing any information. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance. Our failure to act with respect to a breach by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches.
Warranties and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WHICH MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE IS INTENDED FOR CONSUMER INFORMATIONAL USE ONLY. ALL ACCESS TO THIS SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY PRODUCT OR SERVICE ON THE SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE.
External Content
HealthyPet.com may include hyperlinks to third-party content, advertising or websites. You agree that we are not responsible for and do not endorse any advertising, products or resource available from such resources or websites.
Limitation of Liability
You will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any products or services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with this site will be for you to stop using the site. You understand and agree that we and any of our subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the site, or information, or any permanent or temporary cessation of the site or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not we have been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the site, or any breach or violation of this Agreement by you or any other term or condition contained on the site.
Jurisdiction & Dispute Resolution
Because this site is designed for educational purposes, you agree that it does not constitute “doing business” in any specific jurisdiction or soliciting business for AAHA or establishing “minimum contacts” outside the state of Colorado. You agree that this Agreement is entered into between you and us in the State of Colorado, United States of America, and is performed within the State of Colorado and governed by and shall be construed in all respects under the laws of the State of Colorado, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the site, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the District Court sitting in the City and County of Denver, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Colorado, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Entire Agreement
This Agreement constitutes the entire agreement between you and us relating to the access and use of the site. This Agreement may not be modified by you in whole or in part. However, we reserve the right to modify these Terms and Conditions from time to time at our sole discretion and without notice. Changes to the Terms and Conditions become effective on the date they are posted and your continued use of HealthyPet.com after any changes to the Terms and Conditions will signify your agreement to be bound by them. Anything contained on the Service inconsistent with or conflicting with this Agreement is superseded by the terms of this Agreement.
Contact information
If you have any questions about the Service, please contact us at: publicrelations@aahanet.org.