EFFECTIVE DATE: JANUARY 6, 2012
Welcome to the HealthyPet U Web site (www.healthypetU.com) (the “Site”) operated by ThinkPets, Inc. (together with our parent, affiliates and subsidiaries, “HPU,” “we,” “us,” or “our”). Our Site provides up to date, medically reviewed pet healthcare content for pet owners, community features, and resources for member veterinarians to reach their clients. Please read the following Terms of Use carefully before using this Site or registering for your membership account (“Account”) so that you are aware of your legal rights and obligations with respect to us, our Site and the use of your Account.
The “Service” includes (a) the Site, (b) the services provided by the Site including the provision of pet healthcare information and resources, (c) the Account program offered through the Site, (d) any emails, newsletters, service reminders, coupons, life stage emails, birthday announcements, product recommendations, offers and deals from our partners and other electronic and/or print communications (“Communications”)delivered to you from and on behalf of your veterinarian in connection with your Account whether delivered via email, mobile messaging, SMS text messaging, postal mail or other communications means we employ now or in the future, and (e) all information, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, or other materials made available through the Site or in any Communication (“Content”). Any new features added to or augmenting the Service are also subject to these Terms of Use.
BY USING THE SERVICE OR REGISTERING FOR AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF USE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO REGISTER FOR A MEMBERSHIP AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF USE.
HPU has the right to revise this Terms of Use at any time without providing notice to its users. Your continued use of the Service, this Site, or your Account, shall be deemed irrevocable acceptance of those revisions. If you do not agree to (or cannot comply with) these Terms of Use, as amended, you must stop using the Site and Services and, if applicable, cancel your Account. You will be deemed to have accepted these Terms of Use, as amended, if you continue to use the Site or Services after any amendments are posted. This license will terminate upon conditions set forth elsewhere within these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In such event, no notice shall be required by HPU to effect such termination.
HPU reserves the right to change, modify, suspend or discontinue any portion of this Site or the Service at any time. HPU may also impose limits on certain features or restrict your access to parts or the entire Site or Service in its sole discretion and without notice or liability.
HPU reserves the right to refuse to provide you access to the Site or Service or to allow you to register for an Account for any reason.
Privacy
Your privacy is very important to us at HPU. To better protect your rights we have provided the HPU Privacy Policy to explain our privacy practices in detail.
Limited License
HPU grants you a limited license to access and use the Service subject to the terms and conditions of this Terms of Use. This license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or Content). By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site and its Content. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service, the Site or its Content.
Accounts and Security
Non-registered members will be only be able to view limited content available on our Site. In order to access the full content available, you must register for an Account. Accounts are only available to clients of member veterinarians, which currently is limited to veterinary hospitals within the United States. In order to register for your Account, you will be required to enter the confirmation code on the mailing label of your current issue of HealthyPet Magazine. If you do not have a confirmation code, you should contact your veterinarian about how to get your subscription to HealthyPet Magazine. If your veterinarian has already registered you and you do not have a confirmation code, the Site contains a page to look up your veterinarian and register your account.
Once you have entered your code, you will be prompted to confirm your account information and establish your login name and password. You agree to provide HPU with accurate, complete, and updated Account information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your Account.
By registering for your Account, and through your continued use of the Services, you confirm and renew your agreement to receive the Communications provided in connection with the Service. If you would like to opt out of receiving certain of the Communications, you may do so as provided in our Privacy Policy.
You agree to (i) keep your password confidential and use only your Account login and password when logging in, (ii) ensure that you log out from your account at the end of each session on the Site, and (iii) immediately notify HPU (see “Contact Us”) of any unauthorized use of your Account and/or password. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. HPU will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
You agree that HPU may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account, and remove or discard from the Site any Content associated with your Account. Grounds for such termination may include, but are not limited to, (i) cancelation of your subscription to HealthyPet Magazine by you or your veterinarian, (ii) extended periods of inactivity, (iii) violation of the letter or spirit of these Terms of Use, (iv) fraudulent, harassing or abusive behavior or (v) behavior that is harmful to other users, third parties, or the business interests of HPU. Use of your Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against HPU, or a claim which in any way involves HPU, then HPU may terminate your Account.
You may only use the Service and/or register for your Account if your applicable jurisdiction allows you to accept this Terms of Use.
TERMINATING YOUR ACCOUNT
You can terminate your Account by completing the “Contact” form after logging in to the Site. We will reasonably attempt to return a termination confirmation to you via email to your registered email address. You should retain this confirmation as a record of your termination.
Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY HPU OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, HPU DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. HPU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION DESCRIBED IN THIS SITE AND PROFFERED BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, OR RELIABILITY.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT SHALL HPU BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF HPU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Links to Third Party Websites
In an attempt to provide increased value to our visitors and as part of the services we offer through the Service, we choose various third party websites to link to, and in some cases frame within, the Site or otherwise make available through the Service. These links includes links to veterinary and shelter locations accessed through our locator tool and advertisements from our sponsors and advertising partners.
Any third party links are provided as a courtesy only, and the sites they link to are not under the control of HPU in any manner whatsoever. Therefore, HPU is in no manner responsible for the contents of any such linked site or any link contained within a linked site. HPU is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by HPU of any linked site and/or any of its content therein and/or any product or service offered by such third party.
Further, you acknowledge and agree that any offers, discounts or other promotions made available through the Service or in any Communication are subject to change at any time and from time to time and such offers, discounts and promotions may not be honored by our suppliers, vendors and other marketing partners. There is no warranty that the colors, product descriptions or other content of the Service or any Communication is accurate, complete, reliable, current, or error-free; if a product or offer displayed is not as described, your sole remedy is with the manufacturer, vendor, or supplier of the good or service.
You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that HPU shall not be liable in any manner due to your use of, or inability to use, any third party links, feeds, websites and software applications. .
Terms of Use
The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by HPU to effect such termination.
Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:
- Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children.
- Using the Service to violate anyone’s privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, to promote hatred towards any group of people, or otherwise to publish or disseminate views or opinions which are, in the opinion of HPU, obscene, offensive, or generally inappropriate.
- Using the interactive portions of the Service to post the same Content more than once; spamming is strictly prohibited.
- Using the Service for commercial purposes or for the benefit of any third party or charging any person for the use of the Service.
- Collecting any information or communication about the users of the Service by monitoring, interdicting or intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.
- Attempting to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by HPU with respect to the Service and/or data and/or content or programming transmitted, processed or stored by HPU or other users of the Service.
- Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
- Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service’s advertising and/or content delivery and display functionality.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not HPU, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. HPU does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will HPU be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You acknowledge that HPU may or may not pre-screen Content, but that HPU and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, HPU and its designees shall have the right to remove any Content that violates this Terms of Use or is otherwise objectionable. 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 HPU or submitted to HPU, including without limitation information in HPU Forums and in all other parts of the Site.
You acknowledge, consent and agree that HPU may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of HPU, its users, its members and the public.
Your Representations and Warranties
You represent and warrant that:
- you possess the legal right and ability to enter into this Terms of Use and to comply with its terms;
- you will use this Service for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies; and
- you will only use this Service on a computer on which such use is authorized by the computer’s owner.
Forums, Chat, Bulletin Boards and Other Public Communication
By submitting Content for inclusion on the Service via any chat, blog, bulletin board or other functionality we may or may not offer in the future, you represent and warrant that you have all necessary permissions to grant the licenses below to HPU. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Service, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant HPU and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or HPU removes your contributed Content from the Service. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
Any material, information or idea you post on or through the Service, or otherwise transmit to HPU by any means (each, a “Submission”), is not considered confidential by HPU and may be disseminated or used by HPU or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services, including improvements to the Service and the Site. By making a Submission to HPU, you acknowledge and agree that HPU and/or other third parties may independently develop software, applications, interfaces, products, displays, services and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant HPU and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you will continue for as long as HPU determines to use your Submission. This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Service.
Mobile Messaging
We may offer mobile messaging Communications to you as part of the Service if selected by your veterinarian. You will need to opt-in to receive mobile Communications via the My Account section of the Site. After you opt-in, a confirmation message will be sent to your mobile device. You must reply "Y" or “yes” to confirm your opt-in status.
You may opt-out of receiving mobile messaging Communications at any time by texting the word TPETS STOP to the short code PET411 (738411). The words TPETS END, TPETS CANCEL, TPETS UNSUBSCRIBE, STOP ALL, and QUIT are also opt-out words associated with this program. Participants in need of assistance must send the keyword TPETS HELP to the short code PET411 (738411). After you opt-out, a confirmation message may be sent to you, indicating your participation in the mobile messaging portion of the Service was terminated and that you will no longer receive additional messages from us.
Unless expressly noted, all mobile messaging services are offered without charge to you. Other charges may apply. Message and data rates may apply. Text TPETS HELP for help. You are liable for any mobile phone charges incurred (usage, subscription, etc.) as a result of using any of our Services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
Copyrights and Trademarks
All Content is protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo re production, recordation or otherwise), resold or redistributed without our prior written consent.
For information obtained from HPU’s licensors, partners or other third parties, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Third Party Contributions to the Service
Each contributor to the Service of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, HPU is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold HPU responsible for any user’s actions or inactions, including things they post or otherwise make available through the Service. HPU does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by other users or endorse any opinions expressed by such users. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA OF THE SITE IS AT YOUR OWN RISK.
Contact Us
If you believe a user on our Site is violating this Terms of Use or would like to contact us regarding these Terms of Use, please contact:
ThinkPets, Inc.
Address: 7777 Center Avenue, Suite 350, Huntionton Beach, CA 92647
Fax number: 310-314-5205
lkrupp [at] thinkpets.com
Making Claims of Copyright Infringement
If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit HPU to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
The HPU Copyright Agent can be reached by phone, fax or post as follows:
Lisa Krupp, Copyright Agent
ThinkPets, Inc.
Address: 7777 Center Avenue, Suite 350
Huntionton Beach, CA 92647
Fax number: 310-314-5205
lkrupp [at] thinkpets.com
The Copyright Agent will only respond to any claims involving alleged copyright infringement.
Indemnity
You agree to indemnify, defend and hold harmless HPU, and its subsidiaries, affiliates, managers, members, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”),at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, or (ii) use or misuse of this Service.
Severability
If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Miscellaneous
HPU reserves all rights not expressly granted herein. HPU may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and HPU. The failure of HPU at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Terms of Use against or relating to HPU or any Indemnified Party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles County, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.