Using the Site
All products, services, information, images, graphics and other components (“Content”) of the Site are owned and copyrighted by DogMD unless otherwise noted and are provided for lawful purposes only. The Content on the Site is provided for informational purposes only, and is not intended as professional advice. Any misuse of the Contents may give rise to a claim for damages and/or be a criminal offense. Do not modify, copy, distribute or republish any Content on the Site, without prior approval by DogMD.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND DogMD AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND DogMD WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The trademarks, service marks and logos (“Marks”) used in the Site or service are owned by DogMD and/or its parents, agents, providers or licensors, and are registered and unregistered trademarks. The owner of the Marks holds exclusive rights to the Marks, and any unauthorized use of the Marks is prohibited. That means you may not use, copy or display the Marks without the prior approval of the Marks’ owner.
Content Available Through the Site
All Content is provided ‘as-is’. DogMD offers information, articles and advice through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet contact your veterinarian or local animal hospital.
If you submit comments, feedback, suggestions or other information to us by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses on the Site (e.g., a user profile, product review, question & answer) (“User Content”), we may use your User Content without obligation to you. We will treat any User Content you provide to us as non-confidential and non-proprietary and, without a written agreement that states the contrary, you agree that you will not submit any information or ideas that you consider to be confidential or proprietary.
You are solely responsible for your User Content and you assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate our Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by DogMD. Because you alone are responsible for your User Content (and not DogMD), you may expose yourself to liability if, for example, your User Content violates our Acceptable Use Policy. DogMD is not obligated to backup any User Content, makes no representation that it will do so, and you agree that we may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to DogMD an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the Site, DogMD social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Acceptable Use Policy
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your DogMD account or subscription, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your DogMD account username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of DogMD and DogMD is not responsible for any Third Party Sites. DogMD provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that DogMD will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
Site and Service Territory
The Site and services are maintained in the United States and intended for a United States audience. The Site and services are not intended to subject DogMD, its affiliates, agents, providers, or licensors to the laws or jurisdiction of any country or territory other than that of the United States.
The Contents on the Site could include inaccuracies or typographical errors. Also, DogMD may make changes or improvements to the Site at any time. THE CONTENTS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. DogMD DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. DogMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DogMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DogMD MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE SITE. YOU (AND NOT DogMD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. DogMD SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE SITE.
ANY REFERENCE TO DogMD OR THE INFORMATION CONTAINED ON THE SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.
Restriction of Liability
IN NO EVENT SHALL DogMD, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH DogMD, YOUR USE OF THE SITE, CONTENT, PRODUCTS, SERVICES, OR THIRD PARTY SITES, EVEN IF THERE IS NEGLIGENCE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. ACCESS TO, AND USE OF, THE SITE, CONTENT, PRODUCTS, SERVICES AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DogMD’s TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
You agree to indemnify and hold DogMD, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Content, (ii) your User Content, or (iii) your violation of this Agreement. DogMD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of DogMD. DogMD will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
YOU AND DogMD AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN DogMD AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE DogMD BYLAWS, RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE DogMD CHARTER AND BYLAWS, RULES, REGULATIONS, PUBLISHED POLICIES AND GUIDELINES.
Term and Termination
Respect for Copyright Law
DogMD respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of DogMD’s intellectual property without our prior written consent or the consent of such third party that may own intellectual property with respect to Content displayed on the Site. In connection with our Site, Content, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to DogMD’s Copyright Agent by email as set forth below:
legal [at] dogmd.net
legal [at] dogmd.net