Important Notice to Website Users:
By entering either of the Websites referenced above and using the resources available at the Websites, you are agreeing to be bound by the following User Agreement.
If you do not wish to be bound by the User Agreement,
please exit the Websites immediately.
This User Agreement ("Agreement") is a contract between you and Veterinary Creative, LLC, a Arizona limited liability company, owner and operator of veterinarycreative.com and vetschoolapp.com (each one a "Website" and collectively "the Websites"), and applies to your access to and use of products, services and other resources available at and/or through the Websites (collectively the "Resources"). If you do not agree to be bound by the Terms and Conditions of this Agreement, please do not use or access the Resources, and please exit the Websites immediately.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may have access to and use of the Resources.
We may amend this Agreement at any time by posting the amended terms on the Websites. Except as stated below, all amended terms shall be effective immediately upon posting at the "Agreement Update" page on our Websites.
In this Agreement, "you" or "your" will refer to any person or entity using the Resources pursuant to the Terms and Conditions of this Agreement (each one a "User" and collectively "Users"). Unless otherwise stated, "Veterinary Creative," "we" or "our" will each refer to Veterinary Creative, LLC, an Arizona limited liability company.
READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE ENTERING AND/OR USING THE WEBSITES.
License: In consideration of and subject to your agreement to and compliance with the terms and conditions set forth in this Agreement, we grant to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Websites (the "Licensed Materials") according to the Terms and Conditions set forth in this Agreement.
Term: The term of this Agreement and the license granted in this Agreement may be terminated at will by us.
Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are our sole and exclusive property. By indicating that you accept these Terms and Conditions, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to use them according to the terms of this Agreement.
Permitted uses: Some of the content of the Websites is configured in a manner that permits you print out for your personal use ("Printable Content"). You may print out the Printable Content from the most current version of the Website solely for your personal educational use. No other copies may be made and/or transmitted. All print-outs of Printable Content must include the copyright notice which appears on the Printable Content. We reserve the right to withdraw permission to print out content at any time in our sole and absolute discretion. Except as provided in this Agreement, you may not print out any of the content appearing at the Websites.
Prohibitions: Except as otherwise expressly provided in this Agreement, you are expressly prohibited from copying, downloading, printing out, transmitting, broadcasting, disseminating, reverse engineering and/or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chartrooms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted at the Websites. You may not disclose or share your password with any third parties or use your password for an unauthorized purpose.
Restriction against transfer: You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials.
Violations: In the event that you breach any of the Terms and Conditions of this Agreement, we may, in our sole and absolute discretion, terminate this Agreement, your access to the Websites and our provision of Resources to you, and we reserve the right to seek all remedies available by law and in equity for such breaches.
Trademarks: Except as otherwise indicated below, all trademarks, service marks, trade dress, logos and other source-identifying features of the Websites and the Licensed Materials (collectively "Veterinary Creative Marks") are the property of Veterinary Creative. You are prohibited from using any of the Veterinary Creative Marks without our prior written permission.
Some trademarks belonging to third parties are used on the Websites with the permission of the trademark owner.
Some trademarks belonging to third parties are used pursuant to the Fair Use Doctrine for purposes of commentary, criticism, instruction, and other purposes entitled to protection under the Fair Use Doctrine.
No sponsorship or endorsement by, or affiliation with, other trademark owners is claimed or implied by Veterinary Creative.
Copyright: All content on the Website, and the selection, presentation and arrangement of content, are Copyright © 2007-2014 by Veterinary Creative, LLC. All rights are reserved by Veterinary Creative, LLC. All such copyrights are fully protected under the United States Copyright Act and international copyright law. Except as provided in this Agreement for so long as this Agreement remains in effect, the content on the Websites may not be used for any purpose whatsoever without the prior written authority of Veterinary Creative.
Notice and Procedure for Making Claims of Copyright Infringement: We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this site:
Service Provider(s): GoDaddy.com
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: email@example.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
We will not sell or trade your personal information to any list broker or direct mail advertisers. However, we do reserve the right to sell, trade or share your name and e-mail address to other companies or web sites which provide content, products, or services to Veterinary Creative.
You also agree that, in the event that Veterinary Creative is acquired by, merges with, or becomes aligned with another company or organization, such other company or organization shall be entitled to use your personal information under the terms of this Agreement.
Once you have accessed and used the Websites, you will not be able to delete your profile or any records of your activity or usage of the Websites from our database. You will, however, be able to update or change your personal information on file with us. To make such changes, you should contact us at firstname.lastname@example.org.
We may employ "Cookie" technology to keep track of a user’s current session and to keep track of user information between visits. Cookies are small text files stored on your computer that a web site can use to recognize repeat users and to facilitate each user’s ongoing access to and use of a web site. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. You should be aware that we cannot control the use of "Cookies" by advertisers or third parties hosting data for the Websites
Advertisements: The Websites may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, we do not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Websites.
Links. The Websites may contain links to third party websites. If so, these links are provided solely as a convenience to you. We are not responsible for the content of any linked third party sites, and do not make any representations regarding the content or accuracy of any content or materials on such third party websites. If you access any linked third party web site, you do so at your own risk. Your use of third party web sites is subject to the terms and conditions of use for those sites.
No warranties: WE PROVIDE THE RESOURCES AND LICENSED MATERIALS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, information, or other statements made through the Websites.
2. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by any user’s reliance on content obtained through the Websites, including but not limited to opinions, advice, information, or other content. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
3. Without limiting the foregoing, and by way of example only, we make no warranty or representation that the use of the Resources will ensure your admission to veterinary school.
4. We reserve the right to terminate the operation of all or any portion of the Websites in our sole and absolute discretion and, if so, to limit or withdraw your access to the Websites.
5. We will use reasonable efforts to rectify any errors that occur on the Websites but do not guarantee access to the Websites in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.
6. We will use reasonable efforts to keep the Websites online. User understands however that scheduled maintenance and problems out of our control can cause the Websites to go down.
Limitation of liability: Veterinary Creative specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Websites, this Agreement, the Resources and/or the Licensed Materials (even if we have been advised of the possibility of such damages) including liability associated with any of the content of the Websites or viruses which may infect a user's computer equipment. Our maximum liability arising out of or in connection with your use of the Resources, the Licensed Materials and the Websites, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amounts actually paid by you, if any, for purchase of goods and services at or through the Websites.
Confidentiality of User communications: Except as required by law, we will use our reasonable best efforts to maintain the confidentiality of all User communications which contain personal user information and which are transmitted directly to us.
1. Linked Internet sites: We are not responsible for the content available on any other Internet sites linked to the Websites. Access to any other Internet sites linked to the Websites is at the user's own risk.
Transmission of personal data: User acknowledges and agrees that by providing us with any personal or proprietary user information through the Websites, User consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with our standard business practices.
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This Agreement is governed by the internal substantive laws of the State of Kentucky, United States of America, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Scottsdale, Arizona. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.Should you have any questions regarding this agreement, you may contact Veterinary Creative at any time.