YOUR RIGHTS, OBLIGATIONS AND PRIVILEGES
You do not have to register with the Site to view benefits available through this Site but only registered users of the Fee Based Service can access the features and services that this site currently offers. By becoming a registered user you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Registration and refuse any and all current or future use of the Site and the Service (or any portion thereof).
FEE-BASED SERVICE CHARGES:
Certain features of this Site are available only through the purchase of a site subscription ("Fee-Based Services").
If you choose to use the Fee-Based Service, you agree to pay, using a valid credit card for the monthly charges set forth on the Site and other charges incurred on your account in order to access the Fee-Based Services.
If your registration offered a free trial period, after the trial period, and every month thereafter until you cancel, the membership fee will be automatically billed to the credit card you provided and authorized within the system. The renewal charge will be the then current published rate for the term of your subscription. In the event Midwest Veterinary Supply cannot charge your account, we reserve the right, in our sole discretion, to continue trying to bill your account or to terminate your access to the Fee-Based Services.
At its sole discretion, Midwest Veterinary Supply, INC may offer different subscription terms on its Site and the membership fees for such subscriptions may vary from time to time. Content on the Site, as well as various services, whether offered by Midwest Veterinary Supply, INC, third- party Service Providers or others, may require additional fees.
These Terms constitute the entire understanding and agreement between you and Midwest Veterinary Supply, INC with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and Midwest Veterinary Supply, INC. Failure by Midwest Veterinary Supply, INC to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms are held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
If you do not wish to be bound by these Terms, you should not visit or use the Site. Midwest Veterinary Supply, INC reserves the right to change these Terms from time to time at its sole discretion, without prior notice.
From time to time, in Midwest Veterinary Supply, INC's sole discretion, Midwest Veterinary Supply, INC may offer a reduced membership fee, varying trial membership durations (if any) or different terms altogether, for a specified promotional period, to first-time or other selected customers. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Terms will be explained on the web page where you indicate your acceptance of the promotional offer.
By registering for the Fee-based services you are agreeing to a twelve-month subscription. You may not cancel during this time. Following the initial twelve-month period, you understand that to cancel your subscription, you can contact Midwest Veterinary Supply, INC using the green help button. All service fees are non-refundable. By cancelling your subscription, you revoke your rights to use any materials downloaded from the Site.
USER EMAIL OR TESTIMONIALS:
If you are a customer and send an email to this Site, or if you communicate with the Site by phone or mail, we collect information about your communication and by communicating with the Site you give your permission to collect, archive, retrieve, and otherwise use any information collected as we see fit. Any communication which, in our sole discretion, the site we deem to be a testimonial, may be publicized for commercial purposes.
SINGLE OFFICE USE:
You agree to use the Site and Fee-Based Services only in the Veterinary Practice office you registered for use. If you wish to use it in other offices, then you must register those offices separately. Any other use is strictly prohibited.
COPYRIGHT AND TRADEMARKS:
All materials on the Site, including without limitation text, images, software, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by Midwest Veterinary Supply, INC, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
Except as otherwise permitted on the Site, you may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Midwest Veterinary Supply, INC.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Midwest Veterinary Supply, INC, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Midwest Veterinary Supply, INC or the relevant Affiliate.
LICENSE OF MATERIALS
Your subscription grants you license to use the materials permitted for download on the Site only for the duration of your subscription. By cancelling your subscription, you revoke your rights to use any materials downloaded from the Site.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed, made available, or otherwise distributed through the Site is at your sole risk. The information on at this site is provided solely for informational purposes. Information at on this site is deemed reliable but not guaranteed and should be independently verified. Neither Midwest Veterinary Supply, INC nor its Affiliates shall have any liability arising from your purchases of third party goods, or services based upon the information provided on the Site. Midwest Veterinary Supply, INC reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. It is your responsibility to verify any client or pet information retrieved from your Practice Management System is correct before sending any communications (including but not limited to, emails, text messages, postcards and letters) to clients.
LINKS TO OTHER SITES:
You represent and warrant to Midwest Veterinary Supply, INC that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site (and Fee Based Service, if applicable) in accordance with this Agreement.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account, including, without limitation, authorizing any other person or entity to utilize your account.
You hereby agree to indemnify, defend and hold harmless Midwest Veterinary Supply, INC, and its Affiliates and each of their respective officers, directors and employees (Indemnified Parties), from and against any and all liability, loss, damage, expense and costs (including attorney’s fees) incurred by or imposed on any of them Midwest Veterinary Supply, INC or the Affiliates in connection with any claim arising out of or in any way relating to any breach or alleged breach of any of your use of the Site or the Fee-Based Service or your violation of these Terms, applicable law or the rights of any third party obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Midwest Veterinary Supply, INC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Midwest Veterinary Supply, INC. In connection with the foregoing release, you hereby waive any provision in any jurisdiction which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MIDWEST VETERINARY SUPPLY, INC AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY MIDWEST VETERINARY SUPPLY, INC. MIDWEST VETERINARY SUPPLY, INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL MIDWEST VETERINARY SUPPLY, INC OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR MIDWEST VETERINARY SUPPLY, INC OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF MIDWEST VETERINARY SUPPLY, INC, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF VETERINARY PRACTICE PROFITS, LLC AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE MIDWEST VETERINARY SUPPLY, INC, LLC AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(a) To these Terms.
Midwest Veterinary Supply, INC has the right to modify this Agreement and any policies affecting the Site in its sole discretion. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Midwest Veterinary Supply, INC in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription.
(b) To the Site:
Midwest Veterinary Supply, INC has the right to modify, suspend or discontinue the Site or any portion thereof at any time and in its sole discretion, including the availability of any area of the Site, including without limitation the Fee-Based Services. Midwest Veterinary Supply, INC may also impose limits on certain features and services or restrict your access to parts or all of the Midwest Veterinary Supply, INC Site without notice or liability.
Midwest Veterinary Supply, INC grants you a non-exclusive, non-transferable, limited right to access, use this Web site (the "Site") and the materials provided hereon, provided that you comply fully with these Terms. The contents of the Site are only for the use of marketing by the veterinary practice office registered. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any choice of law provisions.
All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties.