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Terms of use

Last Updated on November 19th 2018

The present document sets forth the terms of use for the Vetdiet Web site and any other web site, software applications and social media pages operated by Vetdiet USA, inc. (collectively and individually the ‘‘Web site’’).

All users of the Web site are deemed to have read, accepted and understood the conditions outlined below, and consequently agree to respect and be bound by said conditions. If a user of the Web site does not accept the terms of use, said user must immediately cease to use the Web site.

Vetdiet USA, inc. (« Vetdiet ») may, at any moment and without prior notice, modify the terms of use. Users of the Web site are asked to verify the terms of use regularly for modifications. Users are deemed to have accepted the modifications to the terms of use if they continue to use the Web site after the modifications have been published.

Vetdiet will notify users of material changes to the present terms of use by posting a notice on its home page for a reasonable period of time and changing the “Last Updated” date above.

The present terms of use, including the Privacy Policy, constitute the entirety of the rights and obligations between Vetdiet and any user of the Web site related to the subject matter hereof, and supersede any and all prior agreements or understanding between Vetdiet and any user, whether oral or written, relating to any subject matter of these terms of use.

 

Jurisdiction and governing law

The Vetdiet products, services, materials, offers and information appearing on the Web site are intended for users in the United States of America only. The present terms of use are governed by and construed in accordance with the laws in force in the State of New York, United States of America, excluding conflict of law provisions. In the event that any part of the present terms of use is held by any court or other tribunal of competent jurisdiction to be invalid or unenforceable, this part is deemed severable from the present terms of use and will not affect the validity and executory character of the terms of use, which will thus be interpreted without reference to the severed part. Any dispute arising from or related to the use of the Web site or to the present terms of use will be submitted to the exclusive jurisdiction of the courts of the district of Montreal, province of Quebec, Canada, and any conflict or dispute resulting from their application, must be interpreted according to these laws.

The user acknowledges and agrees that if he or she is located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing the Web site or any Content inappropriate or illegal, or voids the present terms of use in whole or in part, then the user is not authorized to access the Web site.

 

Vetdiet Content

All items, text, illustrations, images, photographs, information, audio clips, video clips, programs and codes available on the Web site (the ‘‘Content’’), including their arrangement and compilation, are protected by laws of both the United States and foreign countries, notably copyright, and belong to Vetdiet, its affiliated entities, to its licensors or to the person recognized as the supplier of the content.

The user agrees to respect the entirety of other proprietary notices, information or restrictions regarding or within the Content to which the user may gain access via the Web site. The modification, reproduction, copying, distribution, transmission, dissemination, representation, sharing, commercialization, advertising, licencing, downloading, creation of derived works, displaying online, sale or any exploitation of the Web site or Content, including, notably, by way of conservation in a cache server, cropping or other similar method, are prohibited. Furthermore, the user is prohibited from modifying in any way any document printed from the Web site. Notwithstanding the foregoing, the user may download, print and/or copy the Content solely for his or her own personal, non-commercial use, provided he or she keeps intact all copyright and other proprietary notices.

All programs incorporated in or found on the Web site, including, notably, any source code, and the entirety of files or images contained or generated by these programs, are protected by copyright and may be protected by other laws. All of these programs belong to Vetdiet, its affiliated entities and its licensors.

Nothing contained on the Web site shall be construed as granting the user a right, title, an interest or other licence in the programs incorporated on the Web site or downloadable from the Web site, including, notably, any right regarding intellectual property in the programs.

 

Trademarks

Vetdiet is trademarked. Other names, words, advertising slogans, titles, phrases, logos, designs, graphics, images, icons and brands displayed on the Web site constitute trademarks of Vetdiet or of a third party. Nothing contained on the Web site shall be construed so as to confer to any party a licence or usage rights for any logo, design, or brand belonging to Vetdiet or to a third party.

 

Submissions 

Subject to the terms of Vetdiet’s Privacy Policy, which takes precedence, by submitting any communication or material such as messages, data, texts, photographs, images and other material (“Submissions”) to Vetdiet, the user confers to Vetdiet a worldwide, non-exclusive, irrevocable, perpetual and royalty-free licence to i) use, reproduce, store, adapt, translate, modify, create derived works from, transmit, distribute or render available to the public this content for any purpose; and ii) to concede a sub-licence to a third party to exercise to infinity any of the aforementioned rights. All Submissions are deemed non-confidential.

The user declares and guarantees to Vetdiet that: i) his or her Submission is original; ii) his or her Submission does not violate any law regarding intellectual property, including, notably, copyright; iii) he or she is the only owner of all intellectual property rights, including, notably, copyright, regarding his or her Submission, or, when necessary, he or she has obtained written permission from the owner to submit his or her Submission; iv) his or her content does not violate the rights of any other person or entity, such as rights of privacy and publicity; v) his or her Submission is truthful, exact, up-to-date and complete to the best of his or her knowledge; vi) his or her Submission is not illegal; vii) his or her Submission does not contain defamatory or insulting remarks.

Vetdiet is under no obligation to verify the content appearing or being exchanged on its Web site. Vetdiet takes no responsibility and assumes no liability for any Submission posted by a user. The user nonetheless recognizes that Vetdiet may at any time verify said content notably to comply with laws, regulations, decrees or requests from authorities, to ensure the proper functioning of its Web site or for any other reason. Vetdiet reserves the right to modify, refuse or delete any content appearing or being exchanged on its Web site if Vetdiet considers, at its own discretion, that the content violates the present terms of use.

 

Integrity and accuracy of the information and access to the Web site

Vetdiet seeks to ensure that the information and Content available on its Web site is complete, exact and up-to-date. It may nonetheless contain inaccuracies, omissions, or typographical and other errors.

As a result, the web site and the integrity of its content are presented to users ‘‘as is’’ and “as available”, without any kind of warranty, whether express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Without limiting the foregoing, Vetdiet does not warrant that the Web site will meet users’ requirements, that operation of the Web site will be uninterrupted or virus- or error-free, or that errors will be corrected. The user is asked to note that the Web site is the subject of regular technical maintenance operations, which may limit or hinder access on a temporary or prolonged basis.

In jurisdictions not allowing the exclusion or limitation of certain warranties, Vetdiet’s liability will be limited to the extent permitted by law.

The Web site is accessible by way of internet and in standard internet format. Vetdiet reserves the right to modify these formats at any time and it is incumbent upon the user to obtain internet access at his or her own cost, as well as any programs required to access the Web site. Vetdiet reserves the right to correct any error or change to the Content without prior notice. Vetdiet has full discretion, above and beyond all others rights and recourses at its disposal, without liability, to, in any way, at any time and without prior notice, interrupt or restrict access to any element of its Web site.

 

Disclaimer

Use of the Web site is at the risk of the user. Vetdiet and its affiliated entities, partners, or licensors are under no circumstances responsible for direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or the inability to use or access the Web site or the Content or to the elements to which these provide access. This limitation applies, whether based on contract, tort, negligence, strict liability or otherwise, even if Vetdiet had been advised of such damage. In jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, Vetdiet, its affiliated entities, partners or licensors’ liability will be limited to the extent permitted by law.

 

Indemnification

Upon request, the user agrees to indemnify and save harmless Vetdiet, its affiliated entities, partners, affiliates or licensors as well as their employees, contractors, agents or managers, in the event they are held liable, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising from the use of the Web site by the user, or the user’s violation of the present terms of use, any laws, rules or regulations, or any rights of any third parties. Vetdiet reserves the right to exclusively defend and control any such indemnification matters, and the user agrees to fully cooperate in any such defenses.

 

Hyperlinks to Third Party Sites

The Web site may contain hyperlinks leading to Third Party Sites (‘‘Third Party Sites”) which will force the user to leave the Web site. Vetdiet provides these hyperlinks for convenience purposes. Third Party Sites are not under the control of Vetdiet and hyperlinks cannot be interpreted as an approval or endorsement of their content by Vetdiet. Vetdiet accepts no responsibility for the content, accuracy or function of Third Party Sites, the links they contain or changes or updates made to them, and Vetdiet provides no guarantee in their regard.

 

Hyperlinks to the Web site

Vetdiet accepts hyperlinks to the Web site. Nonetheless, it does not wish to be linked to any third party site: i) that contains any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful material in any way, or in any manner that would adversely affect the name, reputation and goodwill of Vetdiet and its products; or ii) which contains, displays or transfers any information, program or other material which violates or infringes the rights of others, including of the material which constitutes harm to the private life or privacy protection rights, or which is protected by copyright, trademark or other property rights. Vetdiet reserves the right to prohibit or refuse to accept a link to the Web site, at its own discretion, at any time. The user agrees to remove any link he or she may have leading to the Web site, upon Vetdiet’s request.

 

Cancellation

Vetdiet reserves the right, at its sole discretion, to terminate access, in full or in part, to its Web site, with or without prior notice, notably in the case of a failure to respect the present terms of use.

 

Claims of Copyright Infringement

Vetdiet responds to notices of alleged infringement as required by the U.S. Digital Millenium Copyright Act (“DMCA”). If a user has a good faith belief that his or her work has been copied in a way that constitutes copyright infringement or that his or her intellectual property rights otherwise have been violated on or through the Web site, he or she may send a notice to Vetdiet’s DMCA agent at the following email address:

10 400 Renaude-Lapointe Street

Montreal (QC) Canada, H1J 2V7

 

or by email at info.usa@vetdiet.com.

The DMCA agent will only respond to notices that comply with the requirements of the DMCA.

 

Privacy Policy

Vetdiet’s Privacy Policy, the content of which is accessible on the Web site, is considered to be an integral part of the present terms of use.

 

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