Website Terms of Use

Aspen Animal Hospital (the u201cClinicu201d) is pleased to make the web site located at aspenanimalhospital.com (the u201cSiteu201d) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with the Clinic. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.

To access and use certain features of the Site, you may be required to register with the Clinic and use a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Collection of Visitor Information on this Site
Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated.

Copyright
All content, software, and technology included on this Site or used in the operation of this Site is the owned or licensed property of the Clinic or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Clinic and protected by U.S. and international copyright laws. The Clinic grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this Site is strictly prohibited without written permission from the Clinic.

Trademarks
The trademarks, service marks, trade dress, and u201clook and feelu201d (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of the Clinic and others. Nothing on this Site shall be construed as granting any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of the Clinic. Any use of these rights without the prior written permission of the Clinic is strictly prohibited.

Accuracy
Information on this Site may contain typographical errors, inaccuracies, or omissions. The Clinic reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you.

Disclaimer of Warranties
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN u201cAS IS, WITH ALL DEFECTSu201d AND u201cAS AVAILABLEu201d BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THE CLINIC AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. THE CLINIC AND ITS LICENSORS MAKE NO REPRESENTATION THAT THE SITE IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. THE CLINIC AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability
IN NO EVENT SHALL THE CLINIC, ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall the Clinic’s aggregate liability resulting from or relating to your use of this Site exceed Five United States Dollars (USD $5.00).

Prohibited Activities and Visitor Obligations
As a visitor or user of this Site you shall not:

violate any applicable law or regulation;
upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a u201cPostu201d) any content or information that is false or inaccurate;
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
Post any content that is subject to any disclosure restrictions;
Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, stalking, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or that could otherwise be considered to be objectionable;
Post any material that contains software viruses, malware, or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
interfere with or otherwise limit the use of this Site by other users;
collect, compile, or store personal information about other users of this Site;
disrupt or interfere with the security of, operation of, or otherwise cause harm to, this Site or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked sites;
use any robot, spider, other automatic device, or manual process to u201cscreen scrape,u201d monitor, u201cmine,u201d or copy the web pages on the Site or the content contained therein without the Clinic’s prior, express, and written permission; or
use this Site for your own commercial purposes.

You agree that you are solely responsible for the Posting of any content u200e (e.g., text, images, photographs, videosu200e) that you make available on or send through the Site.

Indemnification
You agree to indemnify, defend, and hold the Clinic and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that the Clinic incurs or suffers which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Web Sites
The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. the Clinic does not review or monitor the web sites linked to this Site and the Clinic is not responsible for the content or policies of any other web sites. Any link established by the Clinic does not constitute an endorsement of the other web sites or create a relationship between the Clinic and the operators of other web sites. The Clinic disclaims any liability with respect to your use of any other web site, and you release the Clinic from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by the Clinic, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Third Party Providers of Functionality
The Clinic may have functionality in the Site that is provided, in whole or in part, by a third u200eparty service provider. You can usually identify such third party functionality by the u200euse of a trademark not owned by the Clinic on or near the functionality. For such u200ethird party functionality, you will need to review the terms of use and privacy policy for u200ethat third party, which in some cases may require you to visit that party’s website and u200elocate the terms of use and privacy policy. Your review should include determining u200ewhether such terms and policy are acceptable to you. If they are not, do not use the u200eassociated functionality on our Site.u200e

Changes to Terms of Use
The Clinic may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that the Clinic shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Site
The Clinic may modify, change, suspend, terminate or discontinue the operation of part or all of this Site without notice to you and the Clinic reserves the right to refuse service to anyone at any time, with or without cause.

Your Account
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Clinic has the right, without notice and in its sole discretion, to suspend or terminate your access to the Site and to refuse or restrict access or service, terminate accounts, and to remove or edit content on the Site.

General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by the Clinic to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Washington, USA, without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with the Clinic, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts located in the State of Washington, USA, (the u201cWashington Courtsu201d) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Washington Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Washington Courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions
Any and all questions, comments, suggestions, and similar information (that you send or submit to the Clinic through this Site (collectively, “Submissions”), shall become the Clinic’s property; and you hereby transfer, sell, and assign to the Clinic all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, moral rights, trademark, and other intellectual property rights. The Clinic has no obligation to maintain any confidentiality with respect to any such Submissions. The Clinic shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction, attribution or compensation.

Contact
For questions or comments related to this Site or these Terms of Use, please email us at legal@wellhavenpethealth.com.

Last updated: June 4, 2019

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