Terms & Conditions of Use – vetaways.org
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SIGNING UP FOR THE SERVICES THROUGH THIS SITE. We offer access to and use of our site to you subject to your acceptance of these terms and conditions (“Terms”). By accessing, using or obtaining any content, data, materials, information, products or services through our sites, you agree to observe these Terms. If you do not accept all of these Terms, then please leave our site now.
ACCEPTANCE OF TERM
The materials on this Web site (the “Site”) are provided by www.vetaways.org (“Site”) a website owned and operated by THE VETAWAYS FOUNDATION INC., a Florida Not for Profit Corporation (hereinafter “VetAways”). By using any and all services offered by this Site, you as a user (“you” or “your” or “User(s)”) agree to these terms and conditions (“Terms”). If you do not agree to the Terms, then do not use any services offered on this Site. You agree that these Terms (and, if you are a user who has paid to receive the service provided by this Site (“User”), any provisions included in the registration process) is the complete and exclusive statement of the agreement between VetAways and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and VetAways relating to the subject matter of this Agreement. VetAways may revise this agreement at any time by updating this posting. If you are a user of this site, as registered unpaid user looking to receive any services (hereinafter “Recipient”) any provisions included in the registration process) is the complete and exclusive statement of the agreement between VetAways and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and VetAways relating to the subject matter of this Agreement. VetAways may revise this agreement at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding upon you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
The following definitions apply to these Terms and Conditions:
“VetAways Web Site” or the “Site” includes “www.vetaways.org” in its entirety and related sites owned or operated by VetAways and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.
“User” or “Users” shall mean any person who is accessing the site and has a valid and authorized account with VetAways authorizing such person to access the site the use the site as intended by Company.
“Content” includes all Text, Graphics, Design and Programming used on the Site.
“Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
“Design” includes the color combinations and the page layout of the Site.
“Graphics” includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
“You” and “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions including a Customer or Subscriber.
USE OF SITE
You may only use our Site if you are at least 18 years of age and can enter into binding contracts (our Site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our Site by you and anyone using your password and login information. You may only use our Site only for legitimate purposes. You may not use our Site for any criminal or tortious purposes under the laws of any and all States within the United States of America and any other Country where you may be located. Such conduct includes but is not limited to the following: post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We reserve the right to report any criminal activity to the appropriate law enforcement agency. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our sites. We will use our reasonable commercial efforts to keep our sites available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our sites may not be uninterrupted or available at all times. We cannot promise that our sites will be error-free, that defects or errors will be corrected or that our sites or the servers that make them available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our sites or take any action that imposes an unreasonable load on our computer equipment.
THE VETAWAYS FOUNDATION INC. through Site, is committed to providing a portal to bring potential donors to provide donations and other services targeted towards specific Recipients. Vetaways.org is not an auction or reverse auction site, it is not a classified list or a site built for companies to advertise. If you would like to enter the online raffle at no cost, mail in a postcard with your information and paid postage to the VetAways Foundation, Inc. at P.O. Box 531105, Orlando, FL 32853. Limit one entry, per person, per raffle.
User expressly acknowledges and understands that the User shall co-operate with VetAways through its Site known as VetAways by completing and submitting any and all documentation as required by VetAways. Furthermore, you agree to the following terms and conditions:
• You are at least 18 years of age.
• You will not post content, product, services or items in an inappropriate category or manner;
• You will not post false, inaccurate, misleading, defamatory, racist or libelous content (including personal information);
• You will not take any action that may undermine our feedback system (posting inaccurate reviews);
• You will not copy, modify, or distribute content from Vetaways.org including all text and pictures;
• You will not transfer use of your account to another individual;
• You will not collect information about companies and users, including email addresses and phone numbers with the only exception being to make contact pertaining to a specific request that you have listed;
• You have read the Privacy Statement.
CANCELLATION & REFUND POLICY
All Returns and Exchanges shall be expressly bound by the Company’s Returns & Exchanges Policy which can be found here.
Users may have an option to join the Site’s Affiliate program and help VetAways spread the word about the Site to individuals who are single, at least 18 years of age or older and live in the United States of America. You will have an opportunity to earn rewards outline by each affiliate program for the successful sign-up of each new User. The terms relating to any affiliate program run by VetAways are not exhaustive since each affiliate program will contains it’s own specific terms and conditions specific to each affiliate program and will supersede.
We own and have copyrights on our Site, and all of its content. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our sites, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without VetAways’ prior written permission. Trademarks, logos and service marks displayed on our sites (“Marks”) are our registered and common law Marks. Your use of and access to our Site does not grant you any license or right to use any of these Marks not otherwise stated herein. You will not use any robot, spider, other automatic device, or manual process to monitor services available through our Site.
SINGLE COPY LICENSE
You acknowledge and agree that the service and any necessary software used in connection with the service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as otherwise indicated on this Site, you may use one copy of the information or Software (“Materials”) found on this Site on a single computer for your personal, non-commercial, internal use only unless specifically licensed to do otherwise by VetAways in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a personal, non-transferable, non-exclusive right and one copy license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media; (b) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part, except as expressly authorized by VetAways or advertisers. You agree to prevent any unauthorized copying of the Materials. VetAways reserves all rights not expressly granted in this Agreement. You agree not to modify the Software in any manner or form, or to use any modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by VetAways for use in accessing the service. VetAways does not make any endorsements of Materials found or posted on the site.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders, and VetAways does not make any endorsements of such trademarks of their respective holders, that appear on this Site. VetAways’s trademarks may be used publicly with written permission only from VetAways. Fair use of VetAways’ trademarks in advertising and promotions of VetAways products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply endorsement, recommendation, approval, affiliation, or sponsorship of that product, service, or process by VetAways.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
In consideration of your use of the services, you agree to: (a) provide true, accurate, current and complete information about the service and the terms and conditions of the service; (b) method of payment; (c) delivery date; and (4) to cooperate in the fulfillment of the exchange.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may be required to enter your member name, email and password as part of completing VetAways’s order placement process. You are responsible for maintaining your member account details. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VetAways of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you will properly log off from the Site and close the browser session from your account at the end of each session. VetAways shall not be liable for any losses or damages arising from any and all activities that occur under your password or account due to your failure to comply with this provision.
User AND MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not VetAways, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the service. VetAways does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Although VetAways will take reasonable steps to pre-screen and approve content posted on the Site so that it meets the requirements of these Terms and is otherwise not objectionable, you understand that VetAways is not obligated to do so. You understand that by using the service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will VetAways be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service.
Visitor and/or you agree and acknowledge that he/she/it is prohibited from encouraging or engaging in the following actions anywhere on this site. In order to combat harassing or illegal conduct, including fraud and unauthorized access to or abuse of Information, the Company may monitor Visitor’s and/or your site activities, and review Visitors and/or your records stored on its servers. Visitor and/or you agree that he/she/it shall not:
A. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not limited to, the Company official, online discussion forum/chat room leader or system administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the service;
E. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
F. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (hereinafter “Rights”) of any party;
G. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain mail,” “pyramid schemes,” or any other form of solicitation, except to upload advertisements in the areas that are designated for the purpose of posting advertisements;
H. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
J. Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
K. Disrupt the functioning of the service and/or the Company, or otherwise act in a way that interferes with other users’ use of the service and/or the Company;
L. “Stalk” or otherwise harass another;
M. Collect or store personal data about other users; or
N. Submit, or attempt to submit, contents containing marketing or promotional material which is intended to solicit business, without first obtaining the written authorization of the Company.
You acknowledge that the Company is not obliged to pre-screen Content, but that the Company and its designees, agents, officers, directors and employees shall have the right (but not the obligation) in their sole discretion to refuse or remove, edit, move, discard any Content that is available via the site. Without limiting the foregoing, the Company and its designees, agents, officers, directors and employees shall have the right to edit, delete, remove, discard any Content (including the Content that you have submitted) that violates this agreement or is otherwise objectionable, at its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to the Company. You acknowledge and agree that the Company may preserve and disclose Content, and information about registered users, including those who submit data on this site and service, if required to do so by law or in our good faith belief that such preservation and disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) protect the rights, property, or personal safety of the Company, its users and the public; or (e) administer the service, its membership registration, its subscription and signup procedures. You understand that the technical processing and transmission of the service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Any material, information or other communication you transmit or provide on our Site will be considered non-confidential and non-proprietary (“Submissions”). You warrant that you have all rights necessary to submit data and information to the service, and VetAways, and to authorize the distribution and re-distribution of any material you submit for inclusion or use in the service. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party. VetAways will have no obligations with respect to the Submissions, provided that any personally identifiable information shall be handled in the manner set forth below. VetAways and its designees, agents, officers, directors and employees will be free to have world-wide, royalty-free and fully sub-licensable usage to copy, reproduce, disclose, distribute, modify, adapt, translate, publish, publicly perform, publicly display, and to incorporate such Content into other works in any format or medium now known or later developed, and otherwise use the Submissions and all data, images, sounds, text, graphics, audio, video and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. VetAways does not make any endorsements of such Submissions and Communications on VetAways, nor representations that such submissions and communications are true and accurate, although, VetAways will make all reasonable attempts to ensure that user submissions are valid, accurate, and reliable and in a manner not prohibited by this agreement. As VetAways is a website service provider you should make all reasonable attempts to avoid promoting, marketing, selling in any manner-Products, services, solutions, company information, and any other information to other Users of this site, on VetAways, unless explicitly granted access to post advertisements on this site. VetAways does not make any endorsements of such advertisements (if any) that are posted on this site. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
VetAways PRIVACY STATEMENT AND USE OF PERSONALLY IDENTIFIABLE INFORMATION
LINKS TO OTHER SITES
Any links on this site including but not limited to Link Directories on VetAways (“Links”), may let you leave the VetAways site and go to other Web sites. The linked sites are not under the control of VetAways, and VetAways is not responsible for the content, the accuracy thereof or any other aspect of any liked sites or any link contained in a linked site. VetAways reserves the right to terminate any Links or linking program at any time. VetAways does not endorse such Links, companies or products, or information to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VetAways shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
You acknowledge that VetAways may establish general practices and limits concerning use of the service, including but not limited to the maximum number of days that site email messages, online discussion forum, articles, links, news postings, member uploaded media, calendar appointments, user-defined queries & results on VetAways, or other uploaded Content on VetAways will be retained by the service, the maximum number of site email messages that may be sent from or received by an account on the service, the maximum size of any site email message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on VetAways’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that VetAways has no responsibility or liability for the deletion or failure to store any message and other communications or other Content maintained or transmitted by the service. You acknowledge that VetAways reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VetAways reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
NOTICES AND SITE ADMINISTRATION UPDATES
Unless otherwise noted on the site, in the information provided by the service, subscription and signup details, or as stated in this Agreement, all Site Administration Updates to the service, will be completed within 24 to 72 hours of receiving the request, and all Notices and Communications from VetAways will be sent within 24 to 72 hours of the respective event being triggered, for which this Notice or Communication is being sent.
VetAways controls this Site from its offices within the United States of America. VetAways operated by VetAways makes no representation that services offered on this site are appropriate or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
INDEMNIFICATION & RELEASE
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD VetAways AND VetAways (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST VetAways OR VetAways BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A User OR Recipient OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
• WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR RELIABLE.
• WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT ANY SERVICES OBTAINED BY YOU THROUGH THE SITE OR SERVICE MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES. VetAways MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VetAways OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREEE THAT:
• VetAways NOR ITS AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REPUTATION, GOODWILL, USE, DATA, PROFITS OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF VetAways HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VetAways NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
• VetAways NOR ITS AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
• THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU MUST USE CAUTION WHEN CONTACTING THIRD PARTIES THROUGH OUR WEB SITE INCLUDING BUT NOT LIMITED TO REGISTERED MEMBERS. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US$250.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
VetAways IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT BETWEEN VENDORS, OTHER USERS (REGISTERED OR OTHERWISE) AND YOU. AS A RESULT, VetAways HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF VENDORS OR THEIR PRODUCTS, OR OTHER USERS (REGISTERED OR OTHERWISE). YOU ARE WHOLLY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT IN ACCESING THE SITE. VetAways CANNOT AND DOES NOT CONTROL WHETHER OR NOT VENDORS WILL DELIVER THEIR PRODUCTS, OR COMPLETE THEIR SERVICES OR OTHER OBLIGATIONS. FURTHER, IT IS NOT COMMERCIALLY REASONABLE FOR VetAways TO AUTHENTICATE THE VENDORS AND Users, AND VetAways CANNOT AND DOES NOT CONFIRM THAT EACH VENDOR OR User IS WHO IT CLAIMS TO BE. VetAways ENCOURAGES YOU TO DEVELOP SAFE BUSINESS PRACTICES WHEN USING THE INTERNET. VetAways ALSO ENCOURAGES YOU TO COMMUNICATE DIRECTLY WITH VENDORS AND OTHER Users FROM THE WEB SITE TO HELP YOU EVALUATE WITH WHOM YOU ARE DEALING. YOUR RELEASE VetAways (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH THE VENDORS OR USERS (REGISTERED OR OTHERWISE), OR THE PRODUCTS PROVIDED BY THE VENDORS, OR ANY ACTIONS OR OMISSIONS OF A VENDOR OR USER (REGISTERED OR OTHERWISE). IN NO WAY WILL VetAways BE LIABLE FOR ANY LEGAL ACTIONS BROUGHT AGAINST YOU BY SUCH VENDORS OR USERS (REGISTERED OR OTHERWISE).
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, U.S.A., WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN FLORIDA, U.S.A. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. Any disputes between the parties hereto whether arising under these Terms and Conditions or otherwise which the parties cannot resolve between themselves in good faith shall be referred to a mediator residing in Orange County, Florida, and any mediation shall be held in Orange County, Florida. You will bear the cost of said mediation. Mediation shall be in accordance with the procedures of the American Arbitration Association (hereinafter “AAA”). If for any reason said dispute is not resolved by mediation within thirty days, the parties shall submit the dispute to a neutral arbitrator residing in Orange County, Florida. Should the parties fail to agree on one arbitrator, they shall submit their dispute to a panel of three arbitrators. Each party shall choose one arbitrator and the chosen arbitrators shall mutually agree on a third arbitrator. Should the two chosen arbitrators fail to act or agree on such third arbitrator, or the arbitrator selected by You fails to cooperate with such arbitration of the dispute in good faith, then the third arbitrator shall be selected by the arbitrator initially chosen by VetAways . The arbitration shall be held in Orange County, Florida and You will bear the cost of said arbitration. Arbitration shall be in accordance with the procedures of the AAA, discovery shall be in accordance with the Rules of Civil Procedure of State of Florida, the arbitrator(s) shall resolve any discovery-related disputes, and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of a majority of the arbitrator(s) shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to the State of Florida. The prevailing party shall be awarded attorney’s fees and costs of arbitration. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney’s fees (including trial and appellate attorneys’ fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of this Agreement must be filed within one (1) year after the date of such claim or cause of action arose or be forever barred. The failure of VetAways to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement or any of its rights or obligations without the prior written consent of VetAways , and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and VetAways is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provisions shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms and Conditions Agreement to VetAways via an email to firstname.lastname@example.org with “Terms and Conditions” in the subject line of the email.
IN WITNESS WHEREOF, the User and/or you hereto has caused these Terms to be duly executed by clicking the “Accept” button below, or decline to reject these Terms and exit the Web site.