Terms and Conditions
Please read the following terms and conditions (“Terms”) carefully, as they will govern your access to and use of the Site. If you do not agree to the Terms, please exit the Site immediately. Otherwise, your access and use of the Site will be deemed acceptance of the Terms.
No Veterinary Medical Advice
This Site is provided for informational purposes only. It cannot and does not contain information about all medical conditions your pet may have and may not be applicable to your pet’s individual circumstances. The Site and the information on it is not intended to diagnose any condition, illness or injury your pet may have and should not be used as a substitute for the advice of a licensed veterinarian. Virbac cannot be responsible for any injury, illness or death of your pet (including but not limited to costs of veterinary care) resulting from your failure to seek veterinary care or your use of any information on the Site.
Children under the age of 13 may not use this Site, and use of this Site is not intended for use by minors older than 13 without parental consent. If you are not legally an adult in the place in which you reside, you must obtain permission of your parent or guardian before accessing and using the Site.
Provided that you accept and comply with these Terms, Virbac grants you a limited license to access and use the Site for your personal use or, as appropriate, authorized business reasons. However, this permission does not include the right to download, reproduce, modify or link to any portion of the Site Content. For purposes of these Terms, “Site Content” means any text, graphics, audio, video, data, interactive features and/or other content published on the Site or any page of the Site.
Unless indicated otherwise, Virbac owns and/or has obtained the right to license all Site Content to you for the uses permitted by these Terms. Site Content is protected by U.S. and foreign law to the fullest extent possible, and any unauthorized use of the Site Content is unlawful under copyright, trademark and other laws.
Except as expressly permitted under these Terms, you may not store, distribute, display, sell or otherwise exploit the Site Content. You may occasionally print one copy of a page of the Site for personal, non-commercial use, but you may not make multiple copies for distribution to others.
Any violation of these Terms – including unauthorized use of the Site Content – will immediately terminate the license granted to you by Virbac to access and use the Site and may subject you to legal action.
If you would like to use the Site or the Site Content in a way that exceeds the scope of this license, please contact us for permission.
This Site may provide an opportunity for you to submit your own content, including but not limited to feedback, comments, photographs, personal stories, and the like (“User Content”). All of your communications with Virbac through personal accounts or otherwise, as well as any attachments to those communications or otherwise submitted to us (such as documents, photographs and videos) are User Content.
By submitting User Content to the Site, you grant Virbac a perpetual, non-exclusive license to use, reproduce, distribute, display, modify, create derivative works of, and sublicense the User Content in any way, including but not limited to reposting that User Content on the Site. This license extends to your name and your Site username and profile information (if applicable).
Virbac has the right, but not the obligation, to review, refuse to display, or remove any User Content for any reason, at Virbac’s sole discretion.
Virbac respects the intellectual property of others and expects Site users to do the same. Virbac may, in appropriate circumstances and in its sole discretion, terminate the rights of any Site user who infringes the intellectual property rights of Virbac or others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact Virbac and include the following information:
- a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Site are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Site;
- your name, mailing address, telephone number and email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Virbac a counter-notice. Notices and counter-notices with respect to this Site should be sent to our designated agent for notice of claims of copyright infringement: Legal Department 3200 Meacham Blvd., Fort Worth, Texas 76137 or via facsimile at 817-831-8362.
Accounts & Communication
To the extent you create an account to access portions of the Site or submit User Content, you will use your account for your internal use only. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
By disclosing your email address and/or mobile telephone number to create an account, you agree that Virbac may contact you for the purpose of advising you of changes or additions to the Site, about any of Virbac’s products or services, or for such other purpose(s) as Virbac deems appropriate. You may opt out of these communications at any time by following the unsubscribe instructions provided in the communication.
You are solely responsible for maintaining the confidentiality of your account information (i.e., user ID, password and/or challenge questions). You are also responsible for all activities that occur in connection with your account, irrespective of whether you personally engage in such activities. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
You may not use this Site to stalk or otherwise harass another Site user or employee of Virbac; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with Virbac or any other person or entity; harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Site, including user names or passwords; or access or attempt to access another user’s account without his or her consent.
You may not reverse engineer, decompile, data mine, record, “scrape,” link to, collect information or otherwise manipulate content from any portion of the Site.
You may not submit any User Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
You may not submit User 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 (in Virbac’s sole discretion).
You may not submit User Content that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation.
You may not submit User Content 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.
By agreeing to these Terms and using the Site, you agree to indemnify and hold harmless Virbac, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from and against any claim or demand made by any third party, including all costs, liabilities and legal fees, due to or arising out of (i) your access to or use of the Site; (ii) your violation of these Terms; (iii) claims for libel, slander or any property damage, personal injury or death; (iv) the use, failure to use, or inability to use the Site or any products or services available through the Site, caused directly or indirectly by you; (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; and/or (vi) violations of any local, state or federal law.
Virbac reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Virbac, and you agree to cooperate with Virbac’s defense of these claims. You agree not to settle any matter without Virbac’s prior written consent. Virbac will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it, but no failure or delay of Virbac to notify you will waive Virbac’s right to indemnification.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIRBAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER VIRBAC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS SITE OR ANY FUNCTION CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER VIRBAC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRBAC AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS SITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (F) ANY OTHER MATTER RELATING TO OUR SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION – WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE – EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Virbac may terminate or suspend your account or ability to use the Site, in whole or in part, at Virbac’s sole discretion, without notice or liability of any kind.
You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Site. In the event of any termination, whether by you or Virbac, your obligation to indemnify Virbac as stated in these Terms will continue in full force and effect.
Choice of Law & Forum
These Terms and the relationship between you and Virbac shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Unless expressly waived by Virbac, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Tarrant County, Texas. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim of action arose or be forever barred. In the event of any action to enforce or interpret these Terms, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Virbac in any respect whatsoever.
Virbac may assign its rights and obligations under these Terms, and these Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
The failure of Virbac to insist upon or enforce the strict performance with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of Virbac’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
These Terms may be modified by our posting of changes to these Terms on this Site, or by written agreement of both parties. Each time you access this Site, you will be deemed to have accepted any such changes.