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- Description
of Service. The VetCancer Registry (the "Web Site") is a service
offered by Veterinary Specialty Services, LLC and its affiliates
(collectively, "Company") designed to let you and others
(collectively, "Users") access and participate in a forum
dedicated to the collection of data about neoplasia in cats and dogs
diagnosed by histopathology (the "Service"). While Company collects and
disseminates epidemiological data on veterinary cancers in order to
facilitate research and establish awareness of the disease, the information
provided on this Web Site is not intended to assist in the evaluation,
diagnosis or treatment of individual diseases. Users with questions regarding
individual diseases should contact a licensed veterinarian to obtain medical
advice.
- Intellectual
Property Rights. As between you and Company (and except for material you provide as
described in Section 3(a) below), all text, visual, oral or other digital material,
information, data, slides and all other content of any description available on the
Web Site or included in the Service (collectively, the "Content"), and all world-wide
intellectual property rights in or relating to the Content (collectively, the
"Intellectual Property") are owned by Company or its licensors. You
may only use the Content, Service, or Intellectual Property or access the Web
Site as expressly permitted in this Agreement and for no other purposes.
- Grants
of Licenses. (a) You irrevocably grant Company and its assigns a
nonexclusive, royalty-free, world-wide and perpetual license to copy,
display, disseminate, publish, translate, modify, reformat, or create
derivative works from anything you submit on the Web Site ("your
information") or to combine your information with other material.
(b) Company grants you a personal, nonexclusive, nonassignable and
nontransferable license to use and display the Content on any machine(s)
of which you are the primary User, and to copy or download Content solely
for your own non-commercial use. No other hard copy or electronic duplication,
transmission, redistribution, or publication of any Content is allowed,
and you may not use or include any Content in any other print or electronic
publication or service. Notwithstanding the foregoing, you may reprint
the statistical numbers supplied herein, provided that Company is
identified as the source of the information. Questions regarding copyright
infringement should be directed to IVBTR, P.O. Box 352, 168 West Main Street,
New Market, MD 21774;
info@vetcancerregistry.com.
- User
Conduct. You are solely responsible for your information and warrant
that you have all legal rights and licenses necessary for you to comply
with Section 3(a). In connection with the Services and Content, you
will not: (a) use the Service for political, commercial, advertising
or unlawful purposes; (b) post, submit or otherwise do anything with
the Service, Content, or Web Site that is unlawful, harmful, tortious,
defamatory, profane, obscene, libelous, hateful or offensive to the
average User; or (c) violate or infringe upon the proprietary or other
rights of any individual or third party.
- Indemnity.
You agree to defend, indemnify and hold harmless Company, including
its officers, agents, affiliates, employees, licensors, and service
providers, from any and all claims, liability, and expenses, including
attorneys' fees, whether in tort, contract, or otherwise, relating to
or arising out of your breach of any term or warranty in this Agreement
or applicable law, your infringement of the intellectual property right
of any third party, or any third party liability incurred through your
use of this Service or the Content.
- Limitation
of liability. COMPANY SHALL BE NOT LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR
RELATED TO THE SERVICE, WEB SITE, CONTENT OR THIRD PARTY MATERIALS THEREIN.
- DISCLAIMER
OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE AND CONTENT ARE AVAILABLE STRICTLY ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, NON-INTERFERENCE, OR NON-INFRINGEMENT, OR
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
INTEGRATION, PERFORMANCE, ACCURACY OR OTHERWISE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION
UNDER APPLICABLE LAW. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE
COMPLETENESS, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, RELIABILITY, OR SECURITY
OF THE SERVICE OR CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFORE.
- Choice
of Law. This Agreement shall for all purposes be governed, interpreted,
construed and enforced solely and exclusively in accordance with the law of
the state of Maryland, USA without regard to conflicts of law provisions
thereof.
- International
Use. By choosing to access this Web Site from any location other
than the United States, you accept full responsibility for compliance
with all local laws, rules, regulations or ordinances if you access
or use the Service outside of the United States, if applicable. The
Web Site's content may not be appropriate or legal to use outside the
United States.
- Severability
and Survival. If any provision of this Agreement is determined to
be invalid, all other provisions shall remain in full force and effect.
Any provision of this Agreement that contemplates performance or observance
subsequent to any termination or expiration of this Agreement shall
survive any termination or expiration of this Agreement and continue
in full force and effect.
- Modification.
Company may modify or assign this Agreement at any time. Notification
of discontinuance or changes to this Agreement shall be posted on the
Web Site; Users shall be provided an opportunity to resubmit consent.
Company may modify, suspend, discontinue, delete, or restrict the use
of any portion of the Content at any time without notice or liability.
Company may deny access to any person or User at any time for any reason.
- Merger.
This Agreement constitutes the entire and final agreement between you
and Company relating to the Service and Web Site and any modifications
thereof, and supersedes all other communications and agreements with
respect to its subject matter.
- ACCEPTANCE
OF TERMS. YOU UNDERSTAND THAT, IF YOU ARE DISSATISFIED WITH THE SERVICE
OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
YOU CONFIRM YOUR AGREEMENT TO VOLUNTARILY USE THE SERVICE AND ACCESS THE
CONTENT AND THE WEB SITE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
BY CLICKING THE "I ACCEPT" BUTTON.
IF YOU DO NOT
AGREE TO THE TERMS STATED ABOVE, PLEASE EXIT THIS SITE.
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