Terms
of Use
Effective
as of March 5, 2009
Site Overview
Thank you for
exploring the InTown Veterinary Group online veterinary services web site (the
'Web Site'). These Terms of Use govern your use and access to this Web Site. We
may change, update, delete or add to these terms over time. By accessing and
using this Web Site, you agree to these Terms of Use, all policies within this
Web Site, and all changes or modifications to the foregoing. If you do not
agree to these Terms of Use, such policies, or any modifications thereto,
please do not use this Web Site.
Privacy
Policy Statement
We respect the
privacy of our customers and encourage you to read our Privacy Policy [insert
hyperlink] so that you may make an informed decision about using our Web Site.
Copyright
All copyrighted and
copyrightable materials on this Web Site, including, without limitation, the
design, text, technical documentation, product information, graphics, images,
pictures, sound files and other files, and the selection and arrangement
("Materials") are protected
under applicable copyrights, trademarks, service marks, trade names and other
proprietary (including but not limited to intellectual property) rights. You
are granted a limited, non-sublicensable right to access this Web Site and
print the Materials for your personal, non-commercial, and informational use
only. The foregoing license grant does NOT include the right for you to:
a.
publish, publicly perform or display, or distribute to any third party any Materials,
including reproduction on any computer network or broadcast or publications
media;
b.
market, sell or make commercial use of this Web Site or any Materials;
c.
systematically collect and use of any data or content including the use of any
data spiders, robots, or similar data gathering, mining or extraction methods;
d.
make derivative uses of this Web Site or the Materials; or
e.
use, frame or utilize framing techniques to enclose any portion of this Web
Site (including the images found at this site or any text or the layout/design
of any page or form contained on a page).
Except
for the limited license granted to you, you are not conveyed any other right or
license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or proprietary right of InTown Veterinary Group or any
third party. Any unauthorized use of this Web Site will terminate the
permission or license granted by these Terms of Use and may violate applicable
law including copyright laws, trademark laws (including trade dress), and
communications regulations and statutes.
Links to Other Sites
Periodically, links
may be established from this Web Site to one or more external sites or
resources operated by third parties ("Third Party Sites"). These
links are provided for your convenience only and the inclusion of any link does
not imply affiliation, endorsement, or adoption by us of the Web Site or any
information contained therein. In addition, some Third Party Sites also may
provide links to this Web Site. None of such links should be deemed to imply
that InTown Veterinary Group endorses the Third Party Sites or any content
therein. InTown Veterinary Group does not control and is not responsible or
liable for any Third Party Sites or any content, advertising, products, or
other materials on or available from such Third Party Sites. When leaving this
Web Site, you should be aware that our terms and policies no longer govern,
and, therefore, you should review the applicable terms and policies, including
privacy and data gathering practices, of that site.
DISCLAIMER
THIS
WEB SITE AND ALL CONTENTS OF THE WEB SITE ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB
SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. WE ARE NOT
RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR
PHOTOGRAPHY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL
INTOWN VETERINARY GROUP OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES
BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS CONTAINED IN,
OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM INTOWN
VETERINARY GROUP ONLINE VETERINARY SERVICES, OR THAT RESULTS FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
IN NO EVENT SHALL
THE AGGREGATE LIABILITY OF INTOWN VETERINARY GROUP (WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE
USE OF THIS WEB SITE EXCEED FIFTY ($50.00) DOLLARS.
Changes and Modifications
We reserve the right
to change or modify any of the terms and conditions contained in these Terms of
Use or any policy of the Web Site, at any time and in our sole discretion. If
we decide to change our Terms of Use or a policy, we will post a new version on
our Web Site and update the date. Any changes or modification will be effective
upon posting of the revisions. Your continued use of this Web Site following
the posting of the changes or modifications will constitute your acceptance of
such changes or modifications. You should frequently review these Terms of Use
(including its date) and applicable policies from time-to-time to understand
the terms and conditions that apply to your use of the Web Site.
Choice of Law and Jurisdiction
InTown Veterinary
Group controls this Web Site from its offices within the Commonwealth of Massachusetts.
InTown Veterinary Group does not imply that the materials published on this Web
Site are appropriate for use outside of the United States. If you access this
Web Site from outside of the United
States, you do so on your own initiative and
you are responsible for compliance with local laws. The terms of this site
shall be governed by the laws of the Commonwealth
of Massachusetts, without
giving effect to its conflict of laws provisions. You agree that any action at
law or in equity arising out of or relating to these Terms of Use shall be
filed only in state or federal court located in Boston, Massachusetts, and you
hereby irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out of
these Terms of Use.
General Provisions
We reserve the
right, without notice and in our sole discretion, to terminate your ability to
use this Web Site, and to block or prevent future access to and use of the Web
Site. If any provision of these Terms of Use shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions. These Terms of Use, including any
applicable policy contained in this Web Site, constitute the entire agreement
between you and InTown Veterinary Group relating to the subject matter
addressed herein.