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Terms and Conditions of Use

 

Pet Owner Services Terms of Service

 

Attention: Please read the terms of service set forth below (the "Terms of Service") carefully before using this internet site. These Terms of Service may have changed since your last visit to this site. Using this site indicates that you accept these Terms of Service. If you do not accept these Terms of Service, do not use this site.

1. Acceptance of Terms of Service

When using or registering with this site or any Service (as defined in Section 2 below) made available on this site, you agree to be bound by these Terms of Service, by and between IDEXX Distribution, Inc., d/b/a IDEXX Computer Systems (“IDEXX”, “we” or “us”), and you.  In addition, when using certain portions of the Service, you shall be subject to any posted guidelines or rules applicable to such Service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

IDEXX reserves the right to change the terms, conditions and notices under which it offers the Service, including any charges associated with the use of the Service. You are responsible for regularly reviewing these Terms of Service and any additional terms posted on any Service.  Your continued use of the Service after the effective date of such changes constitutes agreement to such changes.  You may review the most current version of the Terms of Service at any time at: www.pethealthnetwork.com or www.petly.com.

2. Description of Service 

The services made available on this site (collectively be referred to as the "Service") provide or may provide users with access to online resources, including, without limitation: online articles, forums and blogs; medical and product references; personalized content and pet portals; medication monitoring; and e-mail capabilities. Unless explicitly stated otherwise, any new features or properties that augment or enhance the current Service shall be subject to the Terms of Service.

You understand and agree that the Service is provided "AS-IS" and that IDEXX assumes no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications, data or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. 

3. Registration Obligations 

You must be 13 years of age or older to use the Service, except that if you are using the medication monitor portion of the Service, you must be 18 years of age or older. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IDEXX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDEXX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

4.  Collection and Use of Personal Information

IDEXX collects your personal information in order to provide you with the products and services you request, to inform you about products or services that we think may be of interest to you, and for other limited purposes.  IDEXX may disclose personal information to third parties in certain circumstances, included as needed to fulfill your requests or otherwise in accordance with our privacy policies.  IDEXX does not disclose personal information to third parties for their own marketing purposes.  Please note that your information may be stored and process in the United States, countries of the European Union, and elsewhere.  Full information about IDEXX’s Privacy Policy can be viewed at www.pethealthnetwork.com.  Any reference to “this website” in the Privacy Policy also shall mean “this Service”.  In the event that there is a conflict between the Terms of Service and the Privacy Policy, the Terms of Service shall control.  The IDEXX Privacy Policy may be modified from time to time to reflect changes in the way we collect and use information or changes in privacy–related laws, regulations, and industry standards.  We will provide reasonable notice of material changes to the policy, including via links posted on the IDEXX Web sites.  Visitors should view the IDEXX Privacy Policy online from time to time to review the then-current policy.

If you are using a Service that provides personalized content about your pet from your veterinarian, including the Petly pet portal, you represent that you have given your veterinarian consent to share information with us about you and your pet in order provide such Service and to receive communications from us related to such Service.

5. Passwords and Security

You are responsible for maintaining the confidentiality of the password(s), and are fully responsible for all uses and activities that occur under your password(s), whether or not actually or expressly authorized by you. You agree to (a) immediately notify IDEXX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IDEXX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted, e-mailed or otherwise transmitted as a result of or in connection with your use of this Service ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IDEXX, are entirely responsible for all Content that you or your agent or representative uploads, posts, e-mails or otherwise transmits via the Service. IDEXX does not control the Content posted via the Service by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IDEXX be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available, displayed, uploaded, posted, e-mailed or otherwise transmitted via the Service.

You agree to not use the Service to:

A. upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

B. harm minors in any way;

C. impersonate any person or entity, including, but not limited to, an IDEXX employee, agent or representative or otherwise misrepresent your affiliation with a person or entity;

D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

E. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

F. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

G. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas, if any, that are designated for such purpose;

H. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

I. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

J. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

K. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

L. "stalk" or otherwise harass another; or

M. collect or store personal data about other users.

7. Use and Handling of Content.

You acknowledge that IDEXX does not pre-screen Content, but that IDEXX and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, IDEXX and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IDEXX or submitted to IDEXX, including without limitation information in the Service.

During the term of this Agreement, you grant IDEXX a royalty-free, worldwide, non-exclusive license to access, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display and otherwise use your Content, and to combine or associate your Content with any other of your data that IDEXX or its affiliates are permitted to use, for the purposes of (a) monitoring, troubleshooting, and diagnosing the Service, (b) backing up and storing your Content, (c) aggregating your Content with other data for research and analysis, and (d) otherwise providing the Service to you. In addition, to the extent that you post Content to publicly accessible areas of the Service, Section 11 shall apply.  You acknowledge and agree that IDEXX may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms of Service; (c) arrange for, collect and process payment, (d) respond to claims that any Content violates the rights of third-parties; (e) protect the rights, property, or personal safety of IDEXX, its users and the public; or (f) provide the Service. You also acknowledge that de-identified aggregated data may continue to be used by IDEXX following the term of this Agreement.  Except as provided in this paragraph or in Section 11 with respect to Content you post to publicly accessible areas of the Service, IDEXX does not share your Content with third parties except in a de-identified format. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. IDEXX will never make your Content available to a list broker or any other party who desires to use your Content to contact either you or your clients, except with your specific written permission. Any personal information possessed by you provided to IDEXX is controlled primarily by IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092, USA, and will be stored in the United States, in accordance with US law and this Agreement. IDEXX has implemented technical and organizational measures designed to protect your Content against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected. 

7. Use and Handling of Content.

You acknowledge that IDEXX does not pre-screen Content, but that IDEXX and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, IDEXX and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IDEXX or submitted to IDEXX, including without limitation information in the Service.

During the term of this Agreement, you grant IDEXX a royalty-free, worldwide, non-exclusive license to access, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display and otherwise use your Content, and to combine or associate your Content with any other of your data that IDEXX or its affiliates are permitted to use, for the purposes of (a) monitoring, troubleshooting, and diagnosing the Service, (b) backing up and storing your Content, (c) aggregating your Content with other data for research and analysis, and (d) otherwise providing the Service to you. In addition, to the extent that you post Content to publicly accessible areas of the Service, Section 11 shall apply.  You acknowledge and agree that IDEXX may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms of Service; (c) arrange for, collect and process payment, (d) respond to claims that any Content violates the rights of third-parties; (e) protect the rights, property, or personal safety of IDEXX, its users and the public; or (f) provide the Service. You also acknowledge that de-identified aggregated data may continue to be used by IDEXX following the term of this Agreement.  Except as provided in this paragraph or in Section 11 with respect to Content you post to publicly accessible areas of the Service, IDEXX does not share your Content with third parties except in a de-identified format. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. IDEXX will never make your Content available to a list broker or any other party who desires to use your Content to contact either you or your clients, except with your specific written permission. Any personal information possessed by you provided to IDEXX is controlled primarily by IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092, USA, and will be stored in the United States, in accordance with US law and this Agreement. IDEXX has implemented technical and organizational measures designed to protect your Content against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected. 

8.  Disclaimer of Professional Advice

The content provided through the Service is for informational purposes only, and is not intended to constitute medical advice, veterinary advice, or any other advice of a professional nature.  Nothing provided through the Service is intended to be used for medical diagnosis, treatment or other medical service and should not be relied upon to guide or influence the medical therapy or any pet. You should always seek the advice of your veterinarian or other qualified provider with any questions you may have regarding a medical condition.  You should never disregard professional advice or delay in seeking it because of something that you have read on the Service.  For any medical emergency, immediately contact your own veterinarian, doctor, health care professional, or other applicable professional for advice.

9.  Use of Medication Monitoring Service

With respect to any drug therapy or monitoring program, you should consult with your veterinarian and refer to product inserts for a complete description of dosages, indications, interactions and cautions.  Our medication monitoring Service is intended as a helpful backup reminder system that you can personalize for administering your pet’s medication. You should not rely on the Service as your primary tool for determining whether and when to administer your pet’s medication.  The Service may not function properly if your device is malfunctioning or powered off, if the Service software is not enabled, or if any hardware or software on your device prevents the Service from operating as intended.  The maintenance of your computing and mobile devices is your responsibility.  Information will be transmitted over a medium that will be beyond our control and multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service. You acknowledge that the Service, and the utility of its alerts and notifications, depends on the information that you input into the Service.  Ultimately, you are solely responsible for ensuring that the correct medication is taken at the proper time and in the proper dosages.

We do not intend for the medication monitoring Service to identify any drug-drug interaction, and thus, the Service is not designed to recognize or alert you to any drug-drug interaction that may be harmful to your pet.  The absence of any warning for a given drug or drug combinations does not and should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for your pet.  Furthermore, you should consult with your veterinarian and refer to product inserts for dosages, the Service is not intended to provide any dosing information, and we are not responsible for any errors in dosages taken.  If your pet experiences any reaction to a medication, you should consult with your veterinarian.

10. Special Admonitions for International Use 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and the shipment of products exported from the United States or the country in which you reside.

11. Public Content Posted to the Service 

For purposes of the Terms of Service, "publicly accessible areas of the Service" are those accessible to all subscribers. By way of example, a publicly accessible area of the Service would include forums, public chat rooms, discussion or comments boards, or classified advertisements, but would not include private e-mails or pet portals. With respect to all Content you elect to post to other publicly accessible areas of the Service, you give us permission to use it (i) on our social media outlets, printed materials, marketing materials or our affiliate portals; (ii) to improve our services; (iii) to let others know how you feel about our products and services, including whether you endorse or approve of a particular product or service; (iv) to provide content feeds to third party sites, and (v) for other purposes described in our Privacy Policy.  By posting Content to publicly accessible areas of the Service, you also grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license to use, reproduce, modify, perform, display, distribute and otherwise disclose that Content for these purposes and to either associate it with your name and profile picture or not.  You also warrant that all “moral rights” in such Content have been waived.

You represent that you own or control all rights in and to the Content that you post to the Service, including copyright, and have all of the rights and permissions to grant the above license and permissions to us and our affiliates.  Please do not post any content about pets other than your own unless you have their owner’s permission to do so.  If individuals other than you appear in a photo or video, you must have their permission (or if they are a minor, the permission of their parent or guardian) to post that photo or video.  Any Content you post to publicly accessible areas of the Service will be considered non-confidential and non-proprietary.

12. Indemnity 

You agree to indemnify, defend, and hold IDEXX, and its subsidiaries, affiliates, officers, agents, designees, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees and legal disbursements, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

13. No Resale of Website 

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, this site or any portion of the site, use of the Service, or access to the site or the Service.

14. General Practices Regarding Use and Storage 

You acknowledge that IDEXX may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message or discussion board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be made available for your use, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that IDEXX has no responsibility or liability whatsoever for the deletion or failure to store for any reason any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that IDEXX reserves the right to log off accounts that are inactive for an extended period of time or that do not comply with the terms hereof in IDEXX's sole discretion. You further acknowledge that IDEXX reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15. Modifications to Service

IDEXX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IDEXX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. Termination

You agree that IDEXX, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if IDEXX believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. IDEXX may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms of Service may be effected without prior notice, and acknowledge and agree that IDEXX may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that IDEXX shall not be liable to you or any third-party for any termination of your access to the Service.

17. Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, distributors, product providers, service providers, and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individual or entity. You agree that IDEXX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such individuals or entities on the Service.

18. Links

The Service may provide, or other users of the Service or third parties may provide, links to other World Wide Web sites or resources. Because IDEXX has no control over such sites and resources, you acknowledge and agree that IDEXX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IDEXX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

19. IDEXX's Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IDEXX, or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

IDEXX grants you a personal, nontransferable and non-exclusive right and license to use the object code of its Software on a single computer or device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by IDEXX for use in accessing the Service. All rights not granted herein are strictly reserved by IDEXX.

20. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS PERMITTED BY APPLICABLE LAW, IDEXX EXPRESSLY DISCLAIMS ALL TERMS, WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW (WHETHER UNDER STATUTE, COMMON LAW OR OTHER LAW, CUSTOM OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO THE IMPLIED TERMS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (B) IDEXX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDEXX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

21. Limitation of Liability

EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, IN NO EVENT WILL IDEXX, ITS AFFILIATES, SUPPLIERS, LICENSORS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT DAMAGES, LOSS OF PROFIT OR USE, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS, GOODWILL, DATA OR EQUIPMENT, OR FOR BUSINESS INTERRUPTION ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY INTERNET SITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, TO THE EXTENT THAT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIMS WITH OR AGAINST IDEXX WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

YOU AGREE THAT IDEXX AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THE SITES OR ANY OTHER THIRD PARTY.

22. Choice of Law and Forum; Time to Bring Suit; Jury Trial Waiver; No Class Actions

The Terms of Service will be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions or your actual state or country of residence. Both you and IDEXX submit to personal and exclusive jurisdiction of the courts located within Cumberland County, Maine, United States of America.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You agree to waive any right to trial by jury.  You agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against IDEXX arising out of or relating to you use of the Services.

23. Notice

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

24. Trademark Information

IDEXX possesses rights in the United States, Canada and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the products or services described in the website. No use of any IDEXX trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of IDEXX, except to identify the products or services of IDEXX. Except as permitted by these Terms, nothing contained in the site should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of IDEXX. Company, product and service names mentioned in the site that are not owned by IDEXX are trademarks or service marks of their respective owners. See www.idexx.com for additional IDEXX trademark information.

25. Copyrights and Copyright Agents

IDEXX respects the intellectual property of others, and asks users of its products and services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IDEXX's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and e-mail address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

IDEXX's Copyright Agent for Notice of claims of copyright infringement on this site can be reached as follows:

By mail:

Copyright Agent

Copyright Agent

Office of General Counsel

IDEXX Laboratories, Inc.

1 IDEXX Drive

Westbrook, ME 04092

United States of America

By Phone: (207) 556-0300

By e-mail: copyrightagent@idexx.com

26. General Information

The Terms of Service constitute the entire agreement between you and IDEXX and govern your use of the Service, superseding any prior agreements between you and IDEXX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of IDEXX to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. In the event that there is a conflict between the Terms of Service and the Terms of Use for all visitors to IDEXX's public websites, the Terms of Service shall control.

27. Violations

Please report any violations of the Terms of Service to pethealthnetwork@idexx.com

 

Last updated:  May 2, 2014

 

 

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