The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between you and Brownsburg Animal Clinic (the “Clinic”), owner and operator of www.brownsburganimalclinic.com and www.brownsburgvet.com (the “Web Site”). By using the Web Site, you agree to be bound by and accept the terms of this Agreement.
Brownsburg Animal Clinic may alter the terms of this Agreement from time to time without prior notice to you. No alteration of this Agreement by you will be binding upon the Clinic except as expressly agreed in writing and signed by an authorized agent of the Brownsburg Animal Clinic.
Please read this Agreement carefully. This Agreement limits the Clinic’s liability and may substantively affect your rights.
1. Use of the Web Site
Age Restriction. You must be eighteen (18) years old or older to access this Web Site. If you are younger than eighteen years old, you may not access this web site for any reason. Because of the age restriction for use of this Web Site, no information obtained by this Web Site falls within the Child Online Privacy Act (COPA) and therefore the Web Site is not monitored as required by COPA.
Permitted Use of the Web Site. Use of and access to the Web Site is limited by the terms of this Agreement. You agree:
- Not to use any robot, spider, scraper or other automated means to access the Web Site for any purpose without the Clinic’s express written permission.
- Not to take any action that imposes, or may impose in the Clinic’s sole discretion, an unreasonable or disproportionately large load on the Clinic’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Web Site or any activities conducted on the Web Site.
- Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Web Site, including but not limited to “framing” Web Site content within another site, except for your own reasonable personal use, without the prior express written permission of the Clinic.
- To use the Web Site only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Web Site.
Use of User Accounts. Access to certain areas of the Web Site, and content and services contained therein, requires the creation of a User Account having a unique user name and password. Without limiting the foregoing, you may not share your username and/or password for your User Account with any third party except those within your immediate organization or living within your household and under your direct control. You are responsible for all activities of persons using your User Account to access the Web Site, including but not limited to such person’s compliance with the terms of this Agreement.
Termination of Use. Brownsburg Animal Clinic may at its sole discretion terminate or limit your use of the Web Site for any reason, including without limitation for any violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in the Clinic’s sole opinion adversely impacts the operation of the Web Site. The Clinic may so terminate or limit your use of the Web Site without prior notice to you. If such termination or limitation is for reasonable cause, the Clinic will not be obligated to refund any fees or dues paid by you.
Services Generally. The Clinic may provide services in connection with the Web Site. The Clinic will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless the Clinic for any damages arising out of your use of the Web Site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Web Site.
3. Products and Related Information
Any products offered for sale and the content presented on the Web Site are intended to provide information on the title subject. Products and information are not intended to substitute for a professional veterinarian or other professional advisor. Brownsburg Animal Clinic shall have no responsibility or liability with respect to any loss or damage caused, or alleged to be caused, by application of the information contained in the Web Site or the products offered.
Use of Products. Use of the products offered on the Web Site, including but not limited to use by non-qualified individuals, may be dangerous and may result in personal injury or other damage. Brownsburg Animal Clinic, its directors, officers, employees and agents shall not be liable for any damages or causes of action arising out of your use of the Clinic products and/or your reliance on the information provided on the Web Site.
4. Third Party and Other Content
Third Party Content. Brownsburg Animal Clinic may provide content authored by third parties such as articles, interactive educational content, seminars, interviews, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of the Clinic. Brownsburg Animal Clinic shall not be liable for the truth or accuracy of Third Party Content.
Other Site Content. Brownsburg Animal Clinic may provide additional content which is not Third Party Content. The Clinic will make its best efforts to assure the accuracy of such content. You agree to release and hold harmless the Brownsburg Animal Clinic for any damages arising out of your use of or reliance on such content.
5. Offsite Links
The Web Site may contain links to World Wide Web content which is not a part of the Web Site. You agree and acknowledge that Brownsburg Animal Clinic is not responsible for such content.
You hereby grant to Brownsburg Animal Clinic the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics or other information communicated to the Clinic through the Web Site (together, known as the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed.
Brownsburg Animal Clinic will not be required to treat any Submission as confidential, and may use any Submission in its operations (including for products, Web Site content or advertising, without limitation) without incurring any liability for royalties or any other consideration of any kind. Brownsburg Animal Clinic will not incur any liability as a result of any similarities that may appear in future Clinic operations.
7. Intellectual Property
The Web Site contains intellectual property protected under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with your use of the Web Site.
“Brownsburg Animal Clinic” and domain names derived therefrom are trademarks of Brownsburg Animal Clinic. Web Site content and Web Site layout are copyright by Brownsburg Animal Clinic. The visual appearance of the Web Site is protected trade dress of Brownsburg Animal Clinic under 15 U.S.C. § 1125 et seq.
8. Rights Of Intellectual Property Owners
Brownsburg Animal Clinic respects the intellectual property rights of others, and operates the Web Site in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe Submissions, User-Provided Content or other content you provide infringe their intellectual property rights may request that the Clinic remove User-Provided Content or other content you provide from the Web Site. Upon receiving a valid request from such an owner, the Clinic will remove the allegedly infringing User-Provided Content or other content you provide and notify you in accordance with 17 U.S.C. § 512.
Upon receiving a notification pursuant to the preceding paragraph, you may counter-notify Brownsburg Animal Clinic.
BROWNSBURG ANIMAL CLINIC HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEB SITE.
10. Dispute Resolution
Any dispute arising out of use of the Web Site or this Agreement shall be governed by the laws of the State of Indiana without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of Indiana and agree not to bring any action against Brownsburg Animal Clinic in any other jurisdiction. Nothing in this Agreement shall limit the rights of Brownsburg Animal Clinic to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.