ANIMAL HEALTH ALLIANCE L.L.C. TERMS OF USE

Welcome to ANIMAL HEALTH ALLIANCE.  The information and services provided by ANIMAL HEALTH ALLIANCE L.L.C. (“ANIMAL HEALTH ALLIANCE”) are subject to compliance with the notices, terms, conditions, rules, guidelines, and policies set forth below.  Please review this document carefully before accessing or using this site.

I. OWNERSHIP

This website, which is comprised of all webpages made available under the domain name, animalhealthalliance.com (“Website” or “Site”), and the ANIMAL HEALTH ALLIANCE service (the “Service”) is owned and operated by ANIMAL HEALTH ALLIANCE.  All materials provided on the Website or through the Service, including without limitation, all text, graphics, logos, buttons, icons, images, audio and video programs, and software (“Content”), are the property of ANIMAL HEALTH ALLIANCE or its content suppliers and are protected by U.S. and international copyright laws. ANIMAL HEALTH ALLIANCE grants you a personal, non-transferable and non-exclusive license to use and view the Website and access and use the Service pursuant to this Agreement on a single computer for noncommercial purposes only (other than becoming a card holder or participating veterinarian), provided that you do not (and do not allow any third party to) copy, reproduce, republish, upload, post, transmit, distribute, modify, create a derivative work of, or reverse engineer any Content.

II. USER CONTENT

The Website and Service may allow users to post or transmit messages, comments, computer files and other materials (“User Content”).  By submitting User Content to the Website or through the Service, you: (A) grant to ANIMAL HEALTH ALLIANCE a perpetual, worldwide, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content; (B) grant ANIMAL HEALTH ALLIANCE, its affiliates and sublicensees the right to use and publish your personal name if submitted with the User Content; and (C) represent and warrant that you own or otherwise control all of the rights to the User Content and that the use of such User Content by ANIMAL HEALTH ALLIANCE will not violate any law or infringe upon rights of any third party.

All users of the Website or Service acknowledge that ANIMAL HEALTH ALLIANCE does not pre-screen User Content, and therefore, makes no representation as to the accuracy, integrity or quality of such materials.  Under no circumstances shall ANIMAL HEALTH ALLIANCE be liable in any manner as a result of any User Content.  Moreover, ANIMAL HEALTH ALLIANCE and its designees shall have the right (but not the obligation) to remove any Content, including User Content, from the Website or Service in its sole discretion.

III. USER CONDUCT

You agree that you are solely responsible for your use of and reliance upon the Website or Service, and your actions, data, and contents of your transmissions through or posted on the Website or Service.  You agree: (A) not to use the Website or Service in any manner or for any purpose that violates applicable local, state, national, and international laws and regulations; (B) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity and not to alter the headers or otherwise manipulate any email message, instant message or other User Content you submit with the intention of concealing the source of such message or Content; (C) to comply with all regulations, policies and procedures of networks connected to the Website or Service; (D) not to use the Website or Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Website; (E) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage or corrupt the data, software or hardware of another; (F) not to interfere or disrupt networks connected to the Website or Service; (G) not to use any device, software or routine or attempt to interfere with the proper functioning of the Website or Service or any transactions offered through the Website or Service; (H) not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Service; (I) not to post, transmit or upload any messages, comments, email, or other materials that constitute unsolicited “spam,” “junk mail,” “chain letters,” or other mass distribution of email; (J) not to post, transmit or upload any material that infringes or violates the intellectual property rights or other legal rights of a third party; and (K) not to post, transmit or upload any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

ANIMAL HEALTH ALLIANCE may, at its sole discretion, immediately terminate your right to access the Website or Service without notice should your conduct fail to conform with any provision of this Agreement, or for any other reason.

IV. USER REGISTRATION INFORMATION; AGE REQUIREMENT

You hereby warrant and represent that all information provided to ANIMAL HEALTH ALLIANCE in connection with your registration for the Website or Service is complete and accurate and that you have not withheld any information relevant to your registration.  You further warrant and represent that you are at least thirteen (13) years of age.  Any use of the Website or Service by persons under the age of thirteen (13) is strictly prohibited.

V. INDEMNITY

You agree to indemnify and hold ANIMAL HEALTH ALLIANCE, and its parents, subsidiaries, affiliates, officers, directors, agents, members and employees harmless from any claim or demand, including all reasonable attorneys’ fees, made by any third party due to or arising out of or accruing from (A) your use of the Website or Service, (B) your violation of any of these terms and conditions or breach of any covenant or warranty or representation contained herein, (C) your submission of any information through or to the Website or in connection with the Service that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or entity or defames any person entity or violates their rights of publicity or privacy, and (D) claims brought by third persons or entities arising from or related to your access and use of the Website or Service.

VI. PRIVACY AND COPYRIGHT POLICIES

By using or accessing the Website or Service, you consent to ANIMAL HEALTH ALLIANCE’s Privacy Policy, which is incorporated by reference into this Agreement.

VII. TRADEMARK INFORMATION

You hereby acknowledge that ANIMAL HEALTH ALLIANCE and other ANIMAL HEALTH ALLIANCE graphics, logos, and designs are trademarks and service marks of ANIMAL HEALTH ALLIANCE, and you acknowledge and agree that neither this Agreement nor your use of the Website grants you a license or any other proprietary rights to the trademarks or service marks.  All other trademarks or service marks not owned by ANIMAL HEALTH ALLIANCE or its affiliates that appear on this site are the property of their respective owners.

VIII. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANIMAL HEALTH ALLIANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ANIMAL HEALTH ALLIANCE MAKES NO WARRANTY THAT THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR BE TIMELY, SECURE, OR ERROR FREE, OR THAT ACCESS TO WEBSITE OR SERVICE WILL BE UNINTERRUPTED, NOR DOES ANIMAL HEALTH ALLIANCE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR SERVICE OR THAT DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA, INCLUDING WITHOUT LIMITATION USER CONTENT, POSTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH POSTING, DOWNLOAD, USE OF, OR RELIANCE UPON SUCH MATERIAL OR DATA.

ANIMAL HEALTH ALLIANCE MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANIMAL HEALTH ALLIANCE OR THROUGH THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IX. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL ANIMAL HEALTH ALLIANCE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FAILURE TO STORE YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF ANIMAL HEALTH ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR SERVICE IS TO STOP USING THE WEBSITE OR SERVICE.

IN NO EVENT SHALL ANIMAL HEALTH ALLIANCE’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES EXCEED THE AMOUNT OF FEES COLLECTED BY ANIMAL HEALTH ALLIANCE FROM YOU OR SUCH THIRD PARTY IN RESPECT OF THE TRANSACTION(S) TO WHICH ANIMAL HEALTH ALLIANCE’S LIABILITY PERTAINS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

X. MISCELLANEOUS PROVISIONS

In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement.  ANIMAL HEALTH ALLIANCE’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions.  You and ANIMAL HEALTH ALLIANCE agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Ohio.  In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement and any modifications hereto constitute the entire agreement between ANIMAL HEALTH ALLIANCE and you and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

XI. UPDATES TO THIS AGREEMENT

ANIMAL HEALTH ALLIANCE may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement to this webpage.  Accordingly, you agree to review the agreement periodically, and your continued access or use of the Website or Service shall be deemed your acceptance of the modified agreement.

XII. FOR MORE INFORMATION

If you have any questions regarding this Agreement, please contact us at: animalhealthalliance@gmail.com