1. Introductions: (a) The following are the terms and conditions for use of this website; PetDocsOnCall (Online Animal Health, Inc., a Colorado corporation, hereafter “PDOC”), which can be found at PetDocsOnCall.com (the “Service” or “Site”) and the User.
(b) If the User believes that any content on the Site (including, without limitation, Questions and Answers) violates any of these Terms, please promptly email Admin@PetDocsOnCall.com immediately. In addition, if the User has any comments or feedback about another User, a Participant, an administrator or a moderator, the User should promptly inform PDOC privately via PDOC’s private messenger tool or via direct e-mail to Admin@PetDocsOnCall.com. PDOC reserves the right to refuse service to anyone at any time without notice for any reason.
2. Definitions: In the terms and conditions that follow, the terms:
(a) “User,” “you” and “your” refer to the individual or organization that creates a PDOC account as either a User or Participant and the terms “PDOC.”
(b) “We”, “us” and “our” will refer to PDOC.
(c) “Terms of Service,” “Terms” or “TOS” refer to the terms contained in this Agreement. “User” will be used to describe the person who asks questions on this Site.
(d) “Participant” will be used to describe the person who answers questions on this Site.
(b) Those providing answers on the Site are also subject to and required to accept the terms of the Participant Agreement. The User must be at least 18 years old to use this Site. The User’s acceptance of these Terms is signified by the checking the “I Agree” box and then completing the on-line registration process. By doing so, the User agrees to be bound by all of the terms and conditions contained in these Terms, including acknowledgement that the User is over the age of 18.
(c) The User has the right to have a record of these Terms and any ancillary or related agreement the User enters into with PDOC and User agrees to print a copy of these terms and conditions for his/her own use. Should User not have the capability to print same, a copy will be made available on paper form upon request for no additional fee. Simply e-mail Admin@PetDocsOnCall.com.
4. Right of Modification: PDOC fully reserves the right to change, revise or modify any of the Terms (including, but not limited to, fees) or any of the ancillary or related agreements at any time by posting the amended terms on the Site. All amended terms will automatically be effective upon posting. The User’s continued use of the Service will signify the User’s acceptance of the amended and/ or revised Terms or ancillary or related agreements, as the case may be.
(b) If the User does not accept the revised terms, the User’s sole and exclusive remedy is to discontinue using the Site.
(c) The latest Terms and ancillary or related agreements will be posted on the Site, and the User should always review them before using the Site. PDOC reserves the right, in its sole discretion, to modify or discontinue the Site, for any reason, without notice.
5. User Accounts & Restricted Activities: (a) The User fully represents the User is authorized to create and access an account. Through the User process, the User will establish a User name and password for access to the User’s PDOC account. The User is responsible at all times for maintaining and securing the confidentiality of the User’s User name, account data and password.
(b) The User agrees fully to comply with all billing procedures, including providing, maintaining and promptly updating accurate and lawful billing information for active PDOC accounts. The User agrees that the User is solely responsible for all acts or omissions that occur under the User’s account or password, including, but not limited to, the content of the User’s account as used throughout the Service. The User will immediately and fully notify PDOC of any unauthorized use of the User’s password or account.
(c) Any content provided by the User on the Site (including any questions asked or answered) and the User’s use of PDOC’s Site will not: (i) be fraudulent, inaccurate or misleading; (ii) criminal; (iii) infringe any third party’s commercial, proprietary, intellectual and/or trade secret rights or rights of publicity or privacy (PDOC has adopted Take Down Procedures for unauthorized use of copyrighted material); (iv) violate any federal, state or local law, statute, ordinance or regulation; (v) be competitive with PDOC; (vi) be defamatory, libelous, trade libelous, unlawfully threatening and/or unlawfully harassing; (vii) use or involve profanity, obscenity or contain child pornography; (viii) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (ix) create liability for PDOC or cause PDOC to loose (in whole or in part) the services of PDOC’s ISPs or other vendors or suppliers; and (x) link directly or indirectly to or include descriptions of goods or services that: (A) are prohibited under this Agreement or any ancillary or related agreement; or (B) the User does not have a right to link to or include.
(d) The User may not consummate any transaction that was initiated using PDOC’s Site that, by paying to PDOC a fee, could cause PDOC to violate any applicable law, statute, ordinance or regulation. Furthermore, the User may not resell or make any commercial use of PDOC’s system without PDOC’s prior express written consent.
(e) The User is prohibited from soliciting other users or Participants of this Site for any purpose (including inviting other users or Participants to contact the User outside the Site or inviting Participants to participate in a competing website) except with PDOC’s prior express, written consent.
(f) Without limiting any other remedies and/or redress, PDOC may suspend or terminate the User’s account if PDOC suspects, in PDOC’s sole judgment, that the User (by conviction, plea [guilty and/or no contest], settlement, compromise, insurance or escrow investigation, or otherwise) has engaged in criminal and/or fraudulent activity in connection with the Site or has engaged in activities in violation of these Terms or any related Agreements with PDOC.
6. Fees and Refunds: (a) In the “Ask A Veterinarian” section of the Forum, in order to compensate for the time the Participants spend helping the User, the User is required to pay the amount agreed. Payment is required before the User may use this section of the Forum. If the User believes that the provided information is inaccurate, he/she should copy the inaccurate information to PDOC with an explanation as to the specific inaccuracy complained of and PDOC will provide a full refund to User if PDOC agrees that such information was, at the time given, inaccurate considering both the facts provided by User and the state of the science of veterinary medicine. User agrees that such refund is User’s sole remedy for such inaccuracy and upon requesting same waives any and all other claims or remedies arising from or related to any claimed inaccuracy.
(b) PDOC maintains the right to initiate special incentive and pricing programs. These specials and incentive may be limited, at PDOC’s sole discretion, to certain defined and limited Users or non-Users. Please review the FAQs for more details on fees and payment.
7. PDOC is a Venue; Release: PDOC acts as a venue for informational purposes to allow anyone to ask or answer questions related to an animal(s). EMERGENCY QUESTIONS AND CRISIS SITUATIONS SHOULD BE DIRECTED IMMEDIATELY BY TELEPHONE OR IN-PERSON TO QUALIFIED PROFESSIONALS IN THE USER’S STATE OR JURISDICTION. PDOC is not the appropriate venue to deal with emergency or crisis situations.
(b) PDOC is not involved in the actual conversation between Users and Participants. PDOC does not edit, modify, filter, screen, or otherwise monitor the content of questions, answers, profiles, qualifications or comments or have any obligation to monitor the content. As a result, PDOC has no control over the quality, safety or legality of the answers given, the truth or accuracy of the answers, the ability of Participants to answer questions or the ability of Users to pay for answers. PDOC cannot ensure that a User or Participant will actually complete a transaction. Because PDOC is venue, in the event that the User has a dispute with a Participant, the User fully releases PDOC (and PDOC’s officers, directors, members, employees, agents, parents, subsidiaries, joint ventures and their employees and agents) from any and all claims, demands and damages (actual, consequential and punitive) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out-of or in any way connected with such dispute. The User specifically waive any governing state law that may render inoperative this release including California Civil Code §1542, which says: “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.”
8. No Assurances Given From & No Reliance on Term “Participant: All of the Participants on this Site are veterinarians licensed in one of the licensing jurisdictions within the United States of America. Such fact, however, does not assure, and PDOC hereby expressly disclaims and disavows any responsibility to a User, for the accuracy of any information given concerning an animal(s) to a User. FURTHER PLEASE BE ADVISED THAT THE PURPOSE OF THE SITE IS TO PROVIDE GENERAL INFORMATION ABOUT ANIMAL(S) TO A USER AND IS NOT INTENDED TO NOR ARE PARTICIPANTS PERMITTED TO DIAGNOSE ANY CONDITION OR STATE OF ANIMAL(S) TO A USER AS CURRENT ETHICAL STANDARDS OF VETERINARY PROFESSION EXPRESSLY PROHIBIT DIAGNOSIS OR PRESCRIPTION OF ANY TREATMENT OR CONDITION (PHYSICAL, DENTAL AND/OR MENTAL) WITHOUT THE CREATION FIRST OF A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP (VCPR) WHICH REQUIRES THAT A LICENSED VETERINARIAN FIRST SEE AND EXAMINE ANY ANIMAL FOR WHICH A DIAGNOSIS IS GIVEN AND/OR A TREATMENT REGIMEN IS SUGGESTED OR PROVIDED. THE PURPOSE OF THIS SITE IS LIMITED TO PROVIDING INFORMATION TO A USER IN UNDERSTANDING CONDITIONS OF THEIR ANIMAL(S) AND BETTER PREPARING THE USER FOR MORE INFORMED INTERACTION WITH THE ATTENDING VETERINARIAN(S) OF THE USER’S CHOICE WITHIN THE AMERICAN STATE OR JURISDICTION WHERE BOTH THE USER AND THE ANIMAL(S) ARE THEN LOCATED.
9. Identity Verification: PDOC verifies the accuracy of the e-mail address our users provided PDOC when they register on the Site. However, because User verification on the Internet is difficult, PDOC cannot and does not confirm each User’s purported identity. Thus, PDOC has established a User-initiated feedback system to help the User evaluate with whom the User is dealing with.
10. Information Control & Storage: (a) Although PDOC has agreements with PDOC’s Participants limiting the nature of the information to be provided to Users on PDOC’s Site, PDOC does not control the information provided by the Participants to the Users that is made available through PDOC’s system. The User may find some information to be offensive, harmful, inaccurate, unconscionable, deceptive and/or misleading. Please use caution and common sense when using the Site. Please note there are also risks of dealing with underage persons or people acting under false or misleading pretense. Additionally, there may also be risks dealing with international trade and foreign countries. By using this Site, the User fully agrees to accept and assume such risks and PDOC is not responsible for the acts or omissions of the Participants and/or Users on the Site.
(b) The amount of storage space per User is currently limited. The User agrees that PDOC is not responsible or liable for the deletion or failure to store information.
11. Exclusion of Warranties: PDOC SERVICES AND ANCILLARY OR RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER IMPLIED WARRANTIES. NO INFORMATION, WHETHER ORAL, WRITTEN OR OTHERWISE, OBTAINED BY THE USER FROM PDOC OR A PARTICIPANT THROUGH THIS SITE WILL CREATE ANY ASSURANCE, WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. PDOC DOES NOT ASSURE, REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE OR WILL AT ALL TIMES BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PDOC DOES NOT ASSURE, WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE INFORMATION OR MATERIALS AVAILABLE THROUGH THE SERVICE, FROM PARTICIPANTS, THIRD-PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL PDOC BE LIABLE FOR ANY LOSS OR DAMAGES (ACTUAL, CONSEQUENTIAL, SPECIAL, INCDENTIAL AND/OR PUNITIVE) CAUSED BY A USER’S RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE, FROM PARTIPANTS OR THIRD-PARTIES OR OTHERS, OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A PARTICIPANT, THIRD-PARTY, OTHERS AND/OR LINKED SITES.
12. Limitations of Liabilities: IN NO EVENT WILL PDOC, PDOC’S PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR ONELINE’S ADVERTISERS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH PDOC’S SITE, PDOC’S SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PDOC AND THE USER. THIS SITE AND THE INFORMATION AND MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL PDOC’S LIABILITY AND THE LIABILITY OF PDOC’S PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, EMPLOYEES, ADVERTISERS, VERNDORS AND/OR SUPPLIERS, TO THE USER OR ANY THIRD-PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES THE USER PAYS TO US IN THE 12-MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the User.
13. Indemnification: The User agrees fully to indemnify, defend and hold PDOC, any and all parent, subsidiary, or affiliate organizations, officers, directors, members, agents and employees, harmless from any and all claims, demands, or damages, including, but not limited to, attorneys’ fees and court costs, asserted by any third-party that are in any way due to or arising out of the User’s use of or conduct on the Site. PDOC will provide the User reasonable notice of such claims, demands or damages.
14. Termination or Suspension of Service: (a) If the User wishes to terminate the User’s service, the User may do so by furnishing PDOC with written notice of the User’s decision. The User’s notification must be sent by e-mail to Admin@PetDocsOnCall.com. Cancellations will be effective within seven (7) business days. All debts and fees incurred by the User must be paid before cancellation can take effect.
(b) PDOC reserves the right to terminate the User’s service at any time without cause or notice. In addition, PDOC reserves the right to suspend the User’s account indefinitely if PDOC suspects any criminal, fraudulent and/or inappropriate activity is being conducted through the use of the Site (such as, but not limited to, unauthorized use of a credit card) and such suspension will remain in effect until PDOC is satisfied in PDOC’s sole judgment that such activity is not happening.
(c) Terminated accounts may be subject to a reactivation fee. PDOC will have no obligation to maintain any content in the User’s account.
(d) Termination does not affect the User’s liability or obligations under this Agreement or any ancillary or related agreements.
15. No Endorsement of Non-PDOC Entity; No relationship with Users: PDOC may endeavor to offer to its Users products and services offered by non-PDOC- entities. Placement of information, logos, links or names of such non-PDOC entities on the PDOC site does not constitute any endorsement or warranty of these entities, their products or services. Users take and assume full responsibility for a decision to visit or patronize any such entity and fully hold PDOC harmless from any liability arising from such actions. User further acknowledges that no relationship (such as partnership [general, limited, limited liability], agent, joint venturer, or employee) is created between the User and PDOC or between any User (including Users and Participants) and PDOC by formation of this Agreement (or any of ancillary or related agreements) or by the User’s participation on the Site.
IT IS THE RESPONSIBILITY OF THE USER FULLY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, MATERIAL AND/OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD-PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, CONCERNING THE EVALUATION OF ANY SPECIFIC INFORMATION, MATERIALS, PRODUCT, SERVICE, OR OTHER CONTENT. THE INFORMATIN, MATERIALS AND CONTENT PROVIDED BY PDOC AND ITS PARTICIPANTS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE NOR IS IT INTENDED TO CREATE PROFESSIONAL RELATIONSHIP AND IS NOT THE SUBJECT OF ANY PRIVILEGE AND/OR CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.
16. Proprietary Rights of Content: (a) The User acknowledges and agrees that PDOC owns the rights to PDOC’s website PetDocsOnCall.com and all content displayed on the Site. The Users further acknowledges that all content, including but not limited to text, software, music, sound, photographs, images, video, graphics or other material contained in listings, sponsor advertisements or e-mail distributed, commercially produced information presented to the User by the Site, by PDOC, PDOC Users, or PDOC Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other intellectual, trade secret and/or proprietary rights and laws.
(b) The User may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Site, including code and software for commercial or proprietary purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner.
(c) The User does not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
(d) The User agrees that any content, information or materials provided on the Site, whether as a question or answer, will not be considered privileged or confidential and may be used by PDOC. Also, the User agrees that any information, materials or ideas submitted on the Site or to the Site administrator or any employee, officer, director, member or agent of PDOC, will not be considered privileged or confidential and may be used by PDOC, in its sole discretion, without any obligation to compensate for its use of the ideas and without any obligation to return any submitted materials.
(e) The User hereby fully grants PDOC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database, rights, including the right to create derivative works thereof, that the User has in the User’s content, information and/or materials, in any media now known or not currently known, with respect to any such content, information and/or materials.
17. Press Release Information: The Site may contain information and press releases about PDOC. While this information was believed to be accurate as of the date prepared, PDOC disclaims any duty or obligation to update this information or any press releases. Information about companies or entities other than PDOC contained in the press release or otherwise, should not be relied upon as being provided or endorsed by PDOC.
18. Disputes, Assignment and Governing Law & Venue: (a) PDOC and the User each declare that this Agreement and any ancillary or related agreements, was made in El Paso County, Colorado. Further, that this Agreement, and any ancillary or related agreement, will be construed in accordance with the laws of the State of Colorado, except for conflict of laws rules and principals.
(b) In the event of any legal controversy, dispute or judicial or court action or proceeding involving this Agreement, or any part thereof, any such controversy, dispute, action or proceeding will be brought and maintained solely and exclusively before the District Court of El Paso County, Colorado, or any court of competent appellate jurisdiction therefrom, and not before any other court, arbitrator or mediator, whatever or wherever.
(c) These Terms and the ancillary and related agreements constitute the complete and exclusive statement of the agreements between PDOC and the User. It supersedes any and all prior or contemporaneous agreement, oral, written or otherwise, and any other communications, representations, assurances, warranties and/or understanding relating to the subject matter of this Agreement. If there is a conflict between an oral or other representation of any PDOC officers, director, member, employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.
(d) If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The User and PDOC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The User may not assign this Agreement, or any ancillary or related agreement, to any other person or entity. PDOC will not be deemed to have waived any of PDOC’s rights, relief and/or remedies unless such waiver is in writing and signed by an authorized representative of PDOC. No delay or omission on the party of PDOC in exercising any rights, relief and/or remedies will operate as a waiver of such rights, relief, remedies or any other rights, relief and/or remedies on future occasions.
(e) The section titles in these Terms are solely used for convenience of the parties and have no legal or contractual significance.
Online Animal Health, 11605 Meridian Market View, Unit 124 PMB 310,
Falcon, CO 80831