TERMS AND CONDITIONS OF USE

1.               TERMS OF USE

Welcome to VitusVet, owned and operated by Vitus Animal Health Inc., located at 9150

Belvedere Drive, Urbana, MD 21704 (“Site”).  By using this Site, you have agreed to be bound by the following terms and conditions (“Terms of Use”).  Please read the following Terms of Use carefully as your legal rights are limited or defined herein.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE AND SERVICE.

You hereby acknowledge that you are authorized and have the capacity to enter this agreement, and agree to its terms without reservation.  These Terms of Use also incorporate the Privacy Policy included on this Site.

This Site is not geared or directed to persons under the age of 18.

This Site is operated for the benefit of VitusVet, its related entities, and customers.  No user of this Site may use it or its content for any commercial use or purpose, except as otherwise defined by this agreement or Privacy Policy.  Any unauthorized use terminates this license.

2.               DEFINITIONS

(a)            Your Pet(s)' Veterinary Medical Information ("Pet(s)' VMI"): means all information in the veterinary medical record for your pet(s) including but not limited to the veterinary medical record, identification information for you and your pet(s), all information you provided regarding your contact information and payment information,  clinic notes, notes regarding all correspondence between you and your veterinarian and/or his staff, all correspondence between your veterinarian and/or his staff and third parties including consulting veterinarians, referring veterinarians, specialists and emergency veterinarians, all laboratory test results, billing information, invoices, statements and all other documents generated by your veterinarian pursuant to his or her providing veterinary services to your pets(s).

(b)            Authorization for Use of Pet(s)' VMI: means your specific authorization allowing your veterinarian to disclose your Pet(s)' VMI to VitusVet and for VitusVet in turn to disclose that information to third parties specified by you during your use of this Site.

3.               LIMITATIONS ON SERVICES PROVIDED

This Site is intended to facilitate the sharing of your Pet(s)' VMI with third parties.  Your use of this Site indicates acceptance of these Terms of Use.  Your use of the Site is limited to your authorizing your veterinarian to disclose your Pet(s)' VMI to VitusVet and authorizing VitusVet to disclose that information to specific third parties identified by you. You are entitled by law to obtain a copy of your Pet(s) VMI at any time from your veterinarian.  Consequently after you have authorized your veterinarian to disclose your Pet(s)' VMI to VitusVet, that information is always available to you on this Site or from your veterinarian. If you wish to disclose your Pet(s)' VMI to third parties, you will be asked to identify those specific third parties on the Site.  This service provided by VitusVet is intended to streamline your ability to share your Pet(s)' VMI with third parties of your choosing.

 

From time to time you may receive general information regarding the care of your pet on this Site.  This Site does not provide veterinary advice and the general information provided is not intended to replace or substitute for consultation with your veterinarian.

 

VitusVet will disclose your Pet(s)'s VMI to all third parties you have specifically authorized to obtain this information.  VitusVet is not responsible for disclosure of this information to third parties initially authorized by you to obtain this information if you subsequently determine that you do not want this information disclosed to those third parties.  If you should determine that you have authorized disclosure to a third party and subsequently determine that you do not want the information disclosed to that party it is your responsibility to contact VitusVet at 844-VITUSVET to make this correction.

 

4.               THE SITE DOES NOT PROVIDE MEDICAL ADVICE 

The contents of the VitusVet Site, such as text, graphics, images, information obtained from VitusVet’s licensors, and other material contained on the VitusVet Site (“Content”) are for informational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding a medical condition.  Never disregard professional medical advice or delay in seeking it because of something you have read on the VitusVet Site.  

5.               LIMITATION ON RIGHTS, REMEDIES AND USE  (a)           Disclaimer of Warranties

This Site and any content on the Site are made available on an “AS IS” and “AS AVAILABLE” basis.  You expressly agree that you will use this Site at your own risk.  You hereby acknowledge that VitusVet does not warrant that the Site or any content or service provided in connection with the Site will be timely, error-free, uninterrupted, secure, or that defects will be corrected.

You agree that VitusVet will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the Site or any services or content, or for

computer viruses associated with the operation of the Site.  VITUSVET MAKES NO EXPRESS

OR IMPLIED WARRANTIES WITH RESPECT TO THIS SITE, INCLUDING WITHOUT

LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT,

MERCHANTABILTY, OR FITNESS FOR A PARTICULAR PURPOSE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

 

 

              (b)      Limitation of Liability

YOU AGREE THAT VITUSVET’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM

EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL VITUSVET BE LIABLE FOR

DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL,

INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR

LOST DATA, REGARDLESS OF FORESEEABILITY OF THOSE DAMAGES) ARISING

OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER

MATERIALS OR SERVICES PROVIDED TO YOU BY VITUSVET.  This limitation shall

apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

              (c)       Alleged Violations

VitusVet reserves the right to terminate your use of the service and/or the Site.  To ensure that

VitusVet provides a high quality experience for you and for other Site users, you agree that VitusVet or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations or abuse, infringement of third party rights, or other unauthorized uses of the Site.  VitusVet does not intend to disclose the existence or occurrence of such an investigation unless required by law, but VitusVet reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if VitusVet believes that you or your agents have violated any Terms of Use or Privacy Policy provisions, furnished VitusVet with false or misleading information, or interfered with use of the Site or the service by others.

6.               FEES AND TERMS 

You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due or payable.  By providing the Site with your credit card number and associated payment information, you agree that the Site is authorized to immediately invoice your account for all fees and charges due to the Site.  You agree that fees and charges are due and payable immediately and that no additional notice or consent is required prior to payment.  If you have any questions or comments about our services, please contact VitusVet at 844-VITUSVET The Site has devoted considerable effort to optimize signal strength and is not responsible for Internet or data bandwidth or the signal of your mobile device.

7.               INDEMNIFICATION AND DEFENSE 

You agree, at your own expense, to indemnify, defend and hold harmless VitusVet and related parties against any claim, suit, action or other proceeding brought against VitusVet and related parties, by a third party, to the extent that such claim, suit, action or other proceeding brought against VitusVet and related parties is based on or arises from your use of this Site.  For example, the foregoing obligations shall be triggered if a claim relates to:

(i)             your use or someone using your mobile device for use of the Site;

(ii)            your use or someone using your account, where applicable;

(iii)          a violation of the Terms of Use by you or anyone using your mobile device (or account, where applicable);

(iv)          a claim that any use of the Site by you or someone using your mobile device (or account, where applicable) infringes on any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;

(v)            any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your mobile device (or account, where applicable);

(vi)          any misrepresentations, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or

(vii)        any breach of any covenant or agreement to be performed by you under these terms and conditions of service.

8.               MISCELLANEOUS TERMS  (a) Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Maryland, without reference to their rules regarding conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Columbia, Maryland, USA in all disputes arising out of or related to the use of the Site or service.

              (b)      Severability Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected an in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

              (c)       Changes

Please check these Terms of Use frequently, as we may occasionally unilaterally change the Terms of Use by revising the language.  The most current Terms of Use will always be available for you.  Amendments to the Terms of Use are effective at the time they are posted, and your continued use of this Site will constitute your acceptance of such amendments.

 

 

              (d)       Reservations

You acknowledge and agree that we reserve the right to modify or discontinue any component of this Site or any of these Terms of Use.  We expressly reserve the right to terminate your right to use this Site.  VitusVet may elect to electronically monitor the use submit areas and may disclose the content, records, or electronic communication of any kind 1) to satisfy any law, regulation or government request, 2) if such disclosure is necessary or appropriate to operate VitusVet Site, or 3) to protect the rights of or property of individual users, VitusVet or its affiliates, directors, officers, employees or other representatives.

Rev. 01/15/15