NARKOVET CONSULTING®, LLC’s Terms and Conditions

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Effective Date: September 1, 2014

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This Agreement ("Agreement") and the policies referred to herein contain the terms and conditions that apply to your use of the Internet Web Site and services located at http://www.narkovet.com ("Web Site") and all affiliated web sites owned, operated, licensed or controlled by NARKOVET CONSULTING®, LLC.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEB SITE.

Your access and use of the Web Site creates a binding and enforceable legal agreement between you, the Web Site user, and NARKOVET CONSULTING®, LLC and signifies your acceptance and consent to be bound by the terms and conditions contained in this Agreement.

BY USING THE SITE YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE. Please note that we offer the Site "AS IS" and without warranties.

About the Site

Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services." The content on the Site is viewable without registering with us, but to actively request a service or store your information, you must submit an “Internet Query and Consulting Request“, including your personal data and health/ treatment information of an animal (animals) or other relevant information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy below.

As an animal owner or a member of the general public using the Site and seeking guidance or assistance you acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Site and Information submitted to you in response to your online queries or postings may be provided by specialists in veterinary anesthesiology and analgesia or related veterinary disciplines, the provision of such Information does not create a veterinary professional/animal patient relationship, nor does it replace the relationship you have with your primary animal health care provider. It also does not constitute an opinion, binding veterinary advice, or diagnosis or treatment of any particular condition, but is provided to assist you in your decision making process when addressing the health care needs of your animal(s) with your primary care veterinarian.

As a member of the animal health care provider community (veterinary referral centers (hospitals), academic veterinary hospitals, veterinary practices, animal shelters, or zoos and wildlife parks and alike) using the Site and seeking an opinion from one of our specialists you acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Site and Information submitted to you in response to your queries or postings may be provided by specialists in veterinary anesthesiology and analgesia or related veterinary disciplines, the provision of such Information does not substitute the primary veterinarian/animal patient relationship that you maintain with your client and does not relieve you of all the obligations and responsibilities that arise from this relationship. It also does not constitute an opinion, binding veterinary advice, or diagnosis or treatment of any particular condition, but is shared with you to assist you in your decision making processes and in offering best possible veterinary care of a specific animal (animal group). NARKOVET CONSULTING®, LLC does not warrant that the data displayed on the Site will be error-free and complete and does not assume responsibility for any errors, mistakes, or misinterpretations as well as for correctness, topicality or quality of the information provided by its specialists. Liability claims regarding damage caused in animals or otherwise by the use of any Information provided, including any kind of Information which is incomplete or incorrect, will therefore be rejected.

As a member of industries and the research community (industries targeting the veterinary or human medical anesthesia & pain management market; industries developing anesthesia & analgesia related pharmaceuticals, equipment, devices, and monitors; academic or industry-based biotechnology & biomedical research entities; academic or similar research laboratories, and alike) using the Site and seeking an opinion from one of our specialists you acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Site and Information submitted to you in response to your queries or postings may be provided by specialists in veterinary anesthesiology and analgesia or related veterinary disciplines, the provision of such Information does not substitute a primary investigator’s or project leader’s decision regarding an experimental animal or research protocol or any other aspect of a research project. It also does not constitute an opinion, binding veterinary advice, or diagnosis or treatment of any particular animal condition, but is shared with you to assist you in your decision making processes. NARKOVET CONSULTING®, LLC does not warrant that the data displayed on the Site will be error-free and complete and does not assume responsibility for any errors, mistakes, or misinterpretations as well as for correctness, topicality or quality of the information provided by its specialists. Liability claims regarding damage caused in animals or otherwise by the use of any Information provided, including any kind of Information which is incomplete or incorrect, will therefore be rejected.

Disclosure of Veterinary Medical Information

NARKOVET CONSULTING®, LLC takes seriously the privacy of veterinary medical records and personal information you share with us. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality in accordance with all applicable laws.

In addition, none of the veterinary medical or other information you provide will be stored on externally accessible, centralized systems. However, NARKOVET CONSULTING®, LLC may distribute this information among partners and employees and share it with contractors, business associates and/or agents to access, review, research, analyze, discuss, and copy the information you provided as may be necessary to provide you the consultation services you requested. The use of any veterinary medical information will not exceed this stated purpose, unless and until you authorize and direct such additional disclosure(s).

NO VETERINARY DOCTOR-PATIENT RELATIONSHIP

NO LICENSED VETERINARY MEDICAL PROFESSIONAL/ANIMAL PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE VETERINARY PROFESSIONAL OR SPECIALIST.

RELIANCE ON NARKOVET CONSULTING®, LLC REPORTS

You acknowledge and agree that reports of NARKOVET CONSULTING®, LLC should not in any form, shape or fashion constitute a diagnosis, binding veterinary medical advice, treatment, veterinary medical care or establish any veterinary doctor-animal patient relationship. Furthermore, you understand that your primary care veterinarian(s) treating your animal(s) will remain at all times solely responsible for your animal’s diagnosis, care, treatment and evaluation of any NARKOVET CONSULTING®, LLC report. Your veterinarian(s) shall directly discuss with you all information contained in any NARKOVET CONSULTING®, LLC report we provide to you or them.

PAYMENT OF FEES

You acknowledge that you or any authorized individual acting on your behalf and who is posting an internet query and/or requesting any Service is responsible for all fees charged by NARKOVET CONSULTING®, LLC for the services hereunder (including, but not limited to, fees for specialist delivered anesthesiology and analgesia reports, animal care, and training). After having posted a query for a consulting request or a request for any other service you will receive a confirmation message and subsequently, by e-mail or otherwise, a written quote for the fees we are going to charge for our services. You understand that you or your authorized agent must pay these fees in advance, and that it is your responsibility to pursue, if applicable, any third-party reimbursement at your own expense, if any. You have been informed that you have the option to withdraw consent for Services offered by NARKOVET CONSULTING®, LLC at any time before it has been provided. However, if you withdraw your consent after payment is made, you will remain responsible for the full amount. No money will be refunded after services are issued.

RELEASE OF LIABILITY

You further release and hold harmless NARKOVET CONSULTING®, LLC and its/their partners, respective veterinarians, employees, contractors, business associates and/or agents for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as result of any and all uses of the services hereunder and any review, interpretation or analysis or and/or reliance on any and all veterinary specialist reports. Although every effort will be made to respond to queries within 2-4 work days and generate a specialist report in reasonably timely fashion, NARKOVET CONSULTING®, LLC makes no representation or warranty as to the time frame in which such specialist report will be generated as this depends on the complexity of the query(ies) posted by you and the completeness of information provided by you.

RESTRICTIONS ON USE

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of NARKOVET CONSULTING®, LLC website(s) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by NARKOVET CONSULTING®, LLC. No material from NARKOVET CONSULTING®, LLC's website(s) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except with express written consent of NARKOVET CONSULTING®, LLC. In addition, you shall not commit any of the following acts through use of NARKOVET CONSULTING®, LLC's website(s): a. transmit any content that is invasive of another's privacy or otherwise objectionable; b. use foul language or post links to adult-oriented content; c. transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of unrequested solicitation; d. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including "blind" or "hidden" referral links; or e. collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).

LINKS TO OUTSIDE SERVICES AND RESOURCES

To the extent that NARKOVET CONSULTING®, LLC’s website(s) contain links to outside services and resources, NARKOVET CONSULTING®, LLC does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

VIOLATIONS

In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give NARKOVET CONSULTING®, LLC the right to immediately suspend or cancel its services to, and business relationship with, you.

CHANGES TO POLICIES AND PROCEDURES

NARKOVET CONSULTING®, LLC reserves the right at any time, with or without notice, to change, alter, modify or delete any of its policies, procedures, terms of service, website content, fees and/or notices. Please check this Agreement periodically for changes. Continued use of NARKOVET CONSULTING®, LLC’s website(s) following the posting of changes to this Agreement shall mean you have read and accept such changes.

THE VETERINARY MEDICAL INFORMATION ON THIS SITE OR IN THE INTERNET QUERY-BASED CONSULTING REPORTS DOES NOT SUBSTITUTE THE DECISION MAKING OF THE PRIMARY ANIMAL CARE PROVIDER AND SHALL NOT BE INTERPRETED AS A REPLACEMENT OF THE PRIMARY VETERINARIAN-ANIMAL PATIENT RELATIONSHIP.

The Information that you obtain or receive as an animal owner or a member of the general public from NARKOVET CONSULTING®, LLC and its veterinary specialists and other employees or related contractors, partners, advertisers, licensors or otherwise on the Website or in response to your internet delivered query and consulting request is for informational purposes only.

THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT THROUGH THE PRIMARY CARE VETERINARIAN OF YOUR CHOICE. DO NOT DISREGARD, AVOID OR DELAY OBTAINING VETERINARY MEDICAL ADVICE FROM A QUALIFIED ANIMAL HEALTH CARE PROFESSIONAL OR A VETERINARIAN IN YOUR RESEARCH INSTITUTION BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY VETERINARY MEDICAL NEEDS. IF YOU EXPERIENCE A VETERINARY MEDICAL EMERGENCY CALL YOUR PRIMARY ANIMAL HEALTH CARE PROVIDER OR AN ANIMAL EMERGENCY SERVICE NEAR YOU OR THE VETERINARY SERVICE TAKING CARE OF THE RESEARCH ANIMALS YOU ARE WOTKING WITH OR ARE USING IN YOUR EXPERIMENTAL SETTINGS. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY INTERNET-BASED COSULTATION SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF VETERINARY MEDICINE OR THE PROVISION OF VETERINARY MEDICAL CARE.

We do not recommend or endorse any specific tests, individual veterinarians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.

EDITORIAL CONTENT

We make the Site available as a service to veterinary health care professionals, scientists and industries as well as animal owners and the general public at large for the sole purposes of providing an informative and educational resource. We may, but have no obligation to, have nonuser-posted information reviewed by the Site's editorial personnel.

It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.

You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified veterinarian.

PROCEDURES/PRODUCTS/SERVICES

The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, animal patients or all clinical or research situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

YOUR PERSONAL INFORMATION

In order to post a quest or request for internet-based consulting, you must provide certain personal and veterinary medical or other related information about the animals you care for. You may voluntarily submit, and hereby authorize NARKOVET CONSULTING®, LLC, its partners, employees, veterinary specialists, agents and others operating on its behalf, to use and/or disclose personal and (health)-related information about the animal(s) you refer to, including, without limitation, your name, address, and contact information; veterinary medical history of the animal(s) you refer to; current veterinary medical needs of the animal(s) you refer to; and other information that is either requested by NARKOVET CONSULTING®, LLC or volunteered by you ("Personal Information"). You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However if you chose to exercise this right, you may not be able to utilize all features of the consulting services offered on the Site.

YOUR RESPONSIBILITIES

Even though the information provided on the Site is free of charge, the usual and customary charges for any veterinary medical consulting by our veterinary specialists and collaborating veterinarians/scientists in response to the queries and consulting requests you have posted through this site will apply and will be entirely your responsibility. Upon posting of your queries and consulting requests you will receive from us a message providing you with the consultation charges that you may pay using the online payment option on this Site. Once you have submitted the consultation fees, all credit card transactions should be considered final after services are rendered.

You are responsible for all use of the Site. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the animal health care industry or veterinarians;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Changes to These Terms of Use

We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice that changes have occurred. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.

Changes to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that NARKOVET CONSULTING®, LLC will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

Links to Other Sites

The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

Additional Terms

Certain of the Services on the Site (for example seminar or workshop training courses or on-site training of veterinary and para-veterinary medical staff or onsite delivery of anesthesia and analgesia care) may have additional terms (such as policies, guidelines, and rules) that will further govern the use of that particular Service and supplement these Terms of Use. If you choose to request or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules as well.

No Spam

You may not use contact information provided by NARKOVET CONSULTING®, LLC or collaborating veterinarians or scientists, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use any Information you received from NARKOVET CONSULTING®, LLC to violate the terms of this section. We may terminate any contact with you or your access to the Site immediately and take other legal action if you violate these provisions.

Content You Post or Submit

Please be aware that:

• You are solely responsible for any Posted Information that you submit on the Site.
• You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
• You understand and agree that NARKOVET CONSULTING®, LLC may (but is not obligated to) review and delete any Posted Content that in the sole judgment of NARKOVET CONSULTING®, LLC violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
• You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
• By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, NARKOVET CONSULTING®, LLC, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, digitally perform, and distribute among its employees, partners, or its contractors such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that NARKOVET CONSULTING®, LLC shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other NARKOVET CONSULTING®, LLC users for purposes of constructing or populating a searchable database of reviews and information related to the animal health care industry and anesthesia care of animals in general.
• The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. NARKOVET CONSULTING®, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the contact with such violators or blocking your use of the Services and/or the Site.
  You may not post content that:
  • is false or intentionally misleading;
  • harasses or advocates harassment of another person;
  • involves the transmission of unsolicited mass mailing or "spamming";
  • violates the intellectual property or other rights of any person;
  • is threatening, obscene, defamatory or libelous; or
  • calls for cruelty against animals, or may be interpreted as such.

Your Use of Content

Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain NARKOVET CONSULTING®, LLC's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, NARKOVET CONSULTING®, LLC and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by NARKOVET CONSULTING®, LLC to you are retained by NARKOVET CONSULTING®, LLC.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NARKOVET CONSULTING®, LLC MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. NARKOVET CONSULTING®, LLC DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR CONSULTING REQUEST OR REQUEST FOR OTHER SERVICES AS LONG AS THEY HAVE NOT YET DELIVERED TO YOU. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO RECEIVE OUR CONSULTING SERVICES OR ANY OTHER SERVICE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR VETERINARY MEDICAL MALPRACTICE OR NEGLIGENCE OF VETERINARIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Termination

We may terminate and/or suspend your use of this Site or our services immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. NARKOVET CONSULTING®, LLC shall not be liable to you or any third party for any termination of your access to the Site and/or our Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our partners and employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy below, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of NARKOVET CONSULTING®, LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Choice of Law and Dispute Resolution

This agreement and all of the terms and provisions hereof and the rights and obligations of the parties hereto shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. Any legal action or proceeding between the parties arising out of this Agreement shall be brought in the courts of the Commonwealth of Pennsylvania, located in Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, located in Philadelphia, Pennsylvania, and the parties hereby accept the jurisdiction of the said courts for all purposes.

Any controversy, dispute or claim arising out of or related to these Terms of Use and/or your use of the Services offered may also be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of Pennsylvania, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated NARKOVET CONSULTING®, LLC, or as part of the sale to, merger with, or other transfer of our NARKOVET CONSULTING®, LLC to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and the Services. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

Privacy Policy

Introduction

NARKOVET CONSULTING®, LLC ("us," "we," or "NARKOVET CONSULTING®, LLC") is committed to respecting the privacy rights of our clients, visitors, and other users of the NARKOVET CONSULTING®, LLC services ("Services") provided via the NARKOVET CONSULTING®, LLC website (collectively, "Website"). We created this Website Privacy Policy ("Privacy Policy") to give you confidence as you visit and use the Website, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Website, and not to any other websites that you may be able to access from the Website or any website of NARKOVET CONSULTING®, LLC's partners or affiliates each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. Your use of the Website is governed by this Privacy Policy and the Terms of Use above.

Traffic Data Collected

We like you to be aware that NONE of the following categories of information are automatically tracked and collected when you visit our Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Website; (4) types of web browsers used to access the Website; (5) referring source which may have sent you to the Website; and (6) other information associated with the interaction of your browser and the Website (collectively "Traffic Data").

Personal Information Collected

In order for you to submit a query for consulting or request another service, we require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: (1) Contact Data (such as your e-mail address, and phone number; (2) Demographic Data (such as your zip code); (3) Data of the company/institution/organization you may work for (such as your employer’s name and address); and (4) Veterinary Medical Data of Animals or information about experimental animal groups you referred to in your postings of queries for consulting services. If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected.

NARKOVET CONSULTING®, LLC's Use of Your Information

We may use your Contact Data to send you information about NARKOVET CONSULTING®, LLC or our Services, to contact you when necessary, including to inform you of new Services or upcoming events, and in conjunction with your use of certain Interactive Tools. We may use your Demographic Data, your Traffic Data, your Animal Veterinary Medical Data to customize and tailor your experience on the Website, in emails and in other communications, displaying content that we think you might be interested in and according to your preferences. You agree that NARKOVET CONSULTING®, LLC may use Personal Information to allow us contact veterinary specialists and to arrange for appointments with other veterinarians on your behalf through our Services.

Sharing of Information

We share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We may also share your Contact Data, Demographic Data, and Animal Medical Data with other affiliated veterinary specialists who may provide replies to your queries. We also share Personal Information and Traffic Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Website and/or by making certain Interactive Tools available to our users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to NARKOVET CONSULTING®, LLC and to provide your requested veterinary medical services. Last, we may transfer information about you to another NARKOVET CONSULTING®, LLC in connection with a merger, sale or acquisition by or of NARKOVET CONSULTING®, LLC. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy. NARKOVET CONSULTING®, LLC does not share, sell, rent or trade your Personal Information with any third parties for their promotional purposes.

User Choice

You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information.

Confidentiality and Security

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of NARKOVET CONSULTING®, LLC or another party; (3) enforce our Terms of Use; or (4) respond to claims that any posting or other content violates the rights of third-parties.

Veterinarians and Staff of Animal Health Care Providers

Veterinarians, their employees, and their agents should be particularly aware of their obligations of animal patient and animal owner confidentiality, both in communicating with NARKOVET CONSULTING®, LLC via e-mail or otherwise and in posting a website-based query or consulting request. You may be well advised to obtain informed consent from your client that you are presenting his/her animal’s health care needs with an outside veterinary consulting service. NARKOVET CONSULTING®, LLC does not have, and will not accept, any obligations of confidentiality with respect to any communications other than those expressly stated in this Privacy Policy and NARKOVET CONSULTING®, LLC's Terms of Use.

Public Information

Any information that you may reveal online carries the risk of not being in any way private. You should think carefully before disclosing any personally identifiable information in any such forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

Security

The security of your Personal Information is important to us. We therefore use Authorize.Net® as Merchant Service and payment gateway. Authorize.Net® handles, stores, and manages the credit card and related information on our behalf and by doing so adheres to the PCI standards for managing and processing that data.

Lost or Stolen Information

You must promptly notify us if your Contact Data is lost, stolen, or used without permission. In such an event, we will remove that Contact Data from your account and update our records accordingly.

Updates and Changes to Privacy Policy

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy so please review it frequently. If we do, then we will notify you here, as well as by posting a notice on our Website. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Links to Other Websites

The Website contains links to third party websites to which NARKOVET CONSULTING®, LLC has no affiliation. NARKOVET CONSULTING®, LLC does not share your personal information with those websites and is not responsible for their privacy practices. Some web sites may have the look and feel of our Website. Please be aware that you may be on a different site and that this Privacy Policy only covers our Website. Should you decide to visit one of these third party websites, we suggest that you read its privacy policy.

Contacts

If you have any comments, concerns or questions about this Privacy Policy, please contact us at narkovet@narkovet.com.