Last modified: July 26, 2023
WEBSITE TERMS AND CONDITIONS OF USE
These Website Terms and Conditions of Use (the “Terms”) govern your access and use of the website(s) made available to you by Educational Concepts, LLC dba VetMedux (“VetMedux”, “we”, “us”, or “our”), including the websites located at www.cliniciansbrief.com, www.plumbs.com, www.app.plumbs.com, www.vetmedux.com, and any other website that links to these Terms (each, a “Site” and collectively, the “Sites”). These Terms set forth the terms and conditions under which you may access and use the Site and all services provided by VetMedux and made available on the Sites (the “Services”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND VETMEDUX THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
1. ACCEPTANCE OF TERMS
Please read these Terms carefully before you start to access the Site or use any Service. By using any Site or Services, you accept and agree to be bound and abide by (i) these Terms, (ii) our Privacy Policy, found at www.cliniciansbrief.com/custom/privacy-policy (the “Privacy Policy”) and (iii) our Acceptable Use Policy, found at www.cliniciansbrief.com/custom/acceptable-use-policy (the “AUP”), as each may be amended from time to time. If you do not accept and agree to these Terms, our Privacy Policy, and our AUP, you must not access or use the Sites or any of our Services.
By using any Site or Services and agreeing to be bound to these Terms, you represent and warrant that you have the right, power and authority to do so. If you are entering into these Terms on behalf of an organization (such as your employer), you represent and warrant that you have the legal authority to bind that organization to these Terms.
In the event that you or any organization that you represent have entered into a separate written agreement with VetMedux with respect to your use of the Sites and any Services, then the terms and conditions of such agreement shall govern over any conflicting terms in these Terms solely with respect to the Sites and Services covered under such separate agreement.
To the extent prohibited by applicable law, the Sites and Services are not intended for and should not be used by anyone under the age of eighteen (18). By using the Sites and Services, you represent that you are at least eighteen (18) years old.
2. CHANGES TO THESE TERMS
We may modify these Terms from time to time in our sole discretion and in such instance, we will provide notice to you of the modified terms. You understand that continued use of the Sites or Services after we notify you of any changes indicates your acceptance of such changes.
3. ACCESS TO THE SITES; SERVICES
Subject to your compliance with these Terms, VetMedux grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services, as well as the images, graphics, text, data, information, and other works of authorship that are made available to you via the Sites (the “VetMedux Content”) solely for your internal informational purposes . You acknowledge and agree that you will not reproduce, duplicate, copy sell or resell the Site, the Services or any VetMedux Content, features, or other material contained on the Site or in the Services.
We may change or discontinue any aspect, service or feature of the Sites or Services at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. We reserve the right to withdraw or modify any of the Sites and any Service, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of any Site or Service is unavailable at any time or for any period. From time to time, we may restrict or limit access to some parts of the Sites or Services, or all of the Sites or Services.
4. YOUR RESPONSIBILITIES
You may not use the Sites or Services for any unlawful, fraudulent, offensive, or obscene activity, as further described as set forth in the AUP, which is incorporated herein by reference. You will comply with all terms and conditions of these Terms, all applicable laws, rules and regulations, and all guidelines, standards and requirements that may be posted on the Sites from time to time, including the AUP.
In order to access some portions of the Sites or Services, you may need to register for an account by creating access credentials (including a user ID and password). In creating your account, you may be required to provide certain information about yourself, including but not limited to your full name, email address, phone number, date of birth, and other information as required by VetMedux. You represent and warrant that all such information provided to VetMedux is complete and accurate. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You are responsible for keeping any passwords and access credentials confidential and you will not sell or transfer them to any other person or entity. You will promptly notify VetMedux about any unauthorized access or use of your passwords, access credentials or systems that utilize them to access the Sites or Services.
You are solely responsible and liable for all uses of the Sites or Services (either by you or any third party, that directly or indirectly receives access from you), regardless of whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of any users accessing the Sites or Services through your account, and any act or omission by such users will be deemed attributable to you.
In accessing and using the Sites and Services, you agree that you will not:
(i) use the Sites or Services for any purpose in violation of local, state, national, or international laws;
(ii) redistribute or republish the VetMedux Content, transfer the VetMedux Content to any third party, download or print copies of the VetMedux Content (except for printing no more than 3 copies of pages of the Sites for your own personal use) or use the VetMedux Content for any purpose other than your internal informational purposes;
(iii) engage in “screen scraping,” “database scraping” or harvesting of any information or data (including e-mail addresses, wireless addresses or other contact or personal information);
(iv) Use any robot, spider or other automatic device, process or means to access the Site or Services, or to gather content from the Site or Services;
(v) Use any VetMedux Content in connection with any artificial intelligence, including any machine learning or neural network models. For clarity, You are prohibited from using any VetMedux Content to train any type of artificial intelligence model;
(vi) interfere with, interrupt, damage, disable, overburden, or impair the Sites or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(vii) attempt to gain unauthorized access to other computer systems through the Sites or Services;
(viii) alter information on or obtained from the Sites or Services;
(ix) assist any third party in doing any of the foregoing.
5. YOUR CONTENT
The Sites and Services may provide you with the ability to interact with VetMedux, other users of the Sites and Services, and with third parties by posting comments, submitting content, or using other interactive functionality (all such submissions and all information relating to such submissions shall be collectively referred to as “Your Content”).
By submitting Your Content to the Sites and Services, you hereby represent and warrant that:(i) you own all rights in Your Content or you have obtained all necessary rights in Your Content to enable you to grant to VetMedux the rights to use your User Content pursuant to these Terms; and (ii) Your Content complies with the AUP.
As between you and VetMedux, you maintain ownership of Your Content. However, you grant to VetMedux and its affiliates a worldwide, royalty-free, fully paid up, perpetual, freely-transferable, freely sublicensable, non-exclusive license to use, reproduce, modify, transmit, publicly perform, distribute, display, and create derivative works from Your Content (in any form, media, or technology) for any business purpose, including the operation of the Sites and Services.
You agree that VetMedux may refuse to use Your Content in its sole discretion.
6. COMMUNICATIONS
In order to use the Sites and the Services, we may need to communicate with you from time to time via email, SMS message or other means of electronic communication. By providing VetMedux with your email address, phone number, or any other information as may be required, you consent to receive all required notices and information. Electronic communications may be posted on the Sites or delivered to your email address. You are responsible for promptly informing VetMedux of any change in your contact information, including your email address.
7. PRIVACY POLICY
VetMedux’s Privacy Policy outlines the ways VetMedux collects and uses information in connection with providing the Sites and Services. The Privacy Policy is subject to change as described therein. By accessing, using and providing information to or through the Services, you acknowledge that you have reviewed and accepted the Privacy Policy and consent to all actions taken by VetMedux with respect to your information in compliance with the then-current version of the Privacy Policy.
8. INTELLECTUAL PROPERTY RIGHTS
As used herein, “VetMedux IP” means the Sites, Services, VetMedux Content, any software, source code, data, diagrams, other works of authorship, know-how, trade secrets, trademarks, service marks, ideas, inventions (whether patentable or not), designs, logos, and other proprietary property of VetMedux throughout the world. VetMedux and its licensors will remain the owners of all VetMedux IP, and except for the limited right to use the Sites and Services in accordance with these Terms, you shall not acquire any rights in any VetMedux IP. Except as expressly permitted in these Terms, you may not use any VetMedux IP without VetMedux’s prior written consent.
If you send or transmit any communications or materials to VetMedux by mail, email, telephone or otherwise suggesting or recommending changes or improvements to the Sites and Services, including new features or functionality relating thereto, or any comments, questions, suggestions or the like (“Feedback”), VetMedux is free to use such Feedback without limitation, compensation or attribution, irrespective of any other obligation or limitation between you and VetMedux governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby agree to assign to VetMedux at any time all right, title, and interest in Feedback. VetMedux shall have no obligation or requirement to use any Feedback.
9. AVAILABILITY; MOBILE ACCESS
We provide the Sites and Services over the Internet. The Sites and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL CONNECTIVITY, COMPUTER SOFTWARE, HARDWARE AND OTHER EQUIPMENT NEEDED FOR ACCESS TO AND USE OF THE SITES AND SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES RELATED TO USE OF THE SAME. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, FAILURES OR SECURITY BREACHES RELATING TO THE PRODUCTS AND SERVICES YOU USE TO ACCESS AND USE THE SITES AND SERVICES, AND WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE RESULTING FROM SUCH PROBLEMS. Your sole and exclusive remedy for any failure or non-performance of the Sites or Services is for us to use commercially reasonable efforts to restore or repair the applicable Site or Service.
You may access the Sites and Services using compatible mobile devices. You acknowledge and agree that you are solely responsible for ensuring the compatibility of any device you use to access the Site and Services, and that you remain in compliance with any agreement you have entered into with your mobile device or telecommunications service provider.
10. THIRD PARTY OFFERINGS; PROMOTIONS; SOCIAL MEDIA
As part of the Sites or Services, we may (i) provide links that will take you to third party websites; (ii) provide access to services provided by third parties; and (iii) provide access to information and content authored by third parties (collectively, “Third Party Offerings”). Third Party Offerings are provided for your convenience only. If you decide to access or use any Third Party Offerings, then you do so at your own risk and subject to any additional terms and conditions provided or mandated by the provider of such Third Party Offerings. VetMedux does not control Third Party Offerings, and VetMedux does not endorse or take responsibility for the content, availability, accuracy or security of Third Party Offerings or the results to be achieved by your use of the same, You agree that VetMedux is not liable for any loss or damage that you may suffer by using any Third Party Offerings. ALL THIRD PARTY OFFERINGS ARE PROVIDED BY VETMEDUX ON AN “AS IS” BASIS. VETMEDUX DOES NOT MAKE ANY AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, written or oral, statutory or otherwise, WITH RESPECT TO ANY THIRD PARTY OFFERINGS.
VetMedux may run advertisements and promotions from third parties on the Sites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than VetMedux, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. VetMedux is not 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 third party advertisers on the Site.
From time to time, we may post, publish or include on the Sites certain information or content related to the Services that you post, upload or otherwise provide through the Sites or to websites operated by third parties, including reviews, opinions, ratings and quotations. You acknowledge and agree that VetMedux shall have the right to use all such information.
Additionally, as part of the Sites or Services, VetMedux may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post, including any pictures, information, opinions or personal information that you make available to other participants on these social media platforms, is subject to the respective terms of use or privacy policies of those platforms.
11. WARRANTIES; DISCLAIMER
THE VETMEDUX CONTENT, THE SITES, AND THE SERVICES ARE INTENDED FOR USE SOLELY BY OR UNDER THE SUPERVISION OF LICENSED VETERINARY PROFESSIONALS EXERCISING INDEPENDENT MEDICAL JUDGEMENT. ALL USE OF THE VETMEDUX CONTENT, THE SITES, AND THE SERVICES IS AT YOUR OWN RISK.
THE SITES AND SERVICES, INCLUDING ALL VETMEDUX CONTENT, ARE PROVIDED ON AN “AS IS” BASIS, AND VETMEDUX MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, ARISING FROM OR RELATED TO THESE TERMS, THE SITES, SERVICES, AND THE VETMEDUX CONTENT. WITHOUT LIMITATION, VETMEDUX DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (II) ANY WARRANTIES THAT THE SITES AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE; (III) ANY WARRANTIES AS TO THE RESULTS TO BE ACHIEVED THROUGH THE USE OF THE SITES AND SERVICES; AND (IV) ANY OTHER WARRANTIES RELATING TO THE STITES, SERVICES AND VETMEDUX CONTENT THAT MAY ARISE FROM TRADE, USAGE, PERFORMANCE OR CUSTOM.
12. LIMITATION OF LIABILITY
VETMEDUX WILL NOT BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, THE SITES, THE SERVICES OR THE VETMEDUX CONTENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, LOSSES OR BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER VETMEDUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, VETMEDUX WILL NOT BE LIABLE TO YOU FOR CLAIMS OR DAMAGES ARISING FROM OR RELATING TO (I) THE CORRUPTION, UNAUTHORIZED DISCLOSURE OR ERASURE OF DATA TRANSMITTED OR RECEIVED OR STORED ON ITS SYSTEMS OR NETWORKS; (II) THE LOSS OF DATA OR INABILITY TO ACCESS THE SERVICES DUE TO CIRCUMSTANCES NOT IN THE DIRECT CONTROL OF VETMEDUX, INCLUDING, SUPPLIER PROBLEMS, TELECOMMUNICATIONS FAILURES, OR INTERNET SERVICE PROVIDER LIMITATIONS; OR (III) ERRORS, DEFECTS OR NON-CONFORMITIES IN THE SERVICES CAUSED BY NETWORKS, COMPUTERS, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT OR OTHER DEVICES OUTSIDE VETMEDUX’S CONTROL. VETMEDUX’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00) IN THE AGGREGATE.
13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless VetMedux, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Sites and Services by you. VetMedux reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section.
14. TERMINATION
VetMedux may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, VetMedux shall have the right to immediately terminate (or suspend) your access to the Sites and Services if you breach any of these Terms or if VetMedux otherwise determines, in its reasonable discretion, that your use of the Sites or Services is unacceptable. The provisions of Sections 5, 8, 10, 11 12, 13, 15, 16, 17, and 18 shall survive termination of these Terms.
15. GOVERNING LAW
These Terms are governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdictions other than those of the State of Oklahoma.
16. DISPUTE RESOLUTION
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and VetMedux agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and VetMedux are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the misuse of the Site or Services, or infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so at the contact address set forth in Section 18.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Class Action Waiver. YOU AND VETMEDUX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
(e) Effect of Changes on Arbitration. If VetMedux changes any of the terms of this Section 16 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and VetMedux accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(f) Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
17. MISCELLANEOUS
The invalidity, illegality or unenforceability of any provision herein does not affect any other provision herein or the validity, legality or enforceability of such provision in any other jurisdiction.
No waiver of any provision or condition of these terms shall be valid unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right remedy, power, or privilege. As used herein, the term “or” shall mean “and/or” and the term “including” shall mean “including without limitation”. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VETMEDUX WAIVE A RIGHT TO ANY TRIAL BY JURY.
18. CONTACT
18.1 VetMedux is located in Tulsa, Oklahoma, U.S.A. You may contact us at:
VetMedux
110 South Hartford Avenue, Suite 2507
Tulsa, Oklahoma 74120
Email: inquiries@vetmedux.com