1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.
  11. 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.

  12. 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.

  13. 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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