This agreement (“Agreement”) is between the American College of Veterinary Radiology and its subsidiaries and affiliated entities (collectively, “ACVR”, “we” or “ours”) and you and your agents (“you” or “yours”) and governs the use of ACVR Web sites and electronic communications (collectively, “electronic communication”). This Agreement includes any guidelines or rules posted and updated via electronic communication by ACVR from time to time.
If you no longer wish to receive a specific ACVR electronic communication, please follow the unsubscribe instructions included in that communication or contact our help desk and request removal from the mailing list.
2. Ownership of Electronic Communication and Restrictions on Use of Content
The electronic communication is owned by ACVR. Your access to and use of the electronic communication constitutes acknowledgement that this electronic communication and linked Web sites may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by ACVR or by licensors of ACVR. You agree and acknowledge that, notwithstanding that ACVR permits access to the Content, the Content or its use or the use of this electronic communication is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the electronic communication and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by ACVR and third parties. In addition to ACVR’s and its licensors’ rights in individual elements of the Contents, ACVR owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the electronic communication and/or any of the Content, in whole or in part without express written authorization from ACVR.
3. Disclaimer of Warranties
THE USE OF THE ELECTRONIC COMMUNICATION IS SOLELY AT YOUR OWN RISK. THE ELECTRONIC COMMUNICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACVR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE ELECTRONIC COMMUNICATION, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ACVR MAKES NO WARRANTY THAT THE ELECTRONIC COMMUNICATION AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE ELECTRONIC COMMUNICATION AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE ELECTRONIC COMMUNICATION IS TO CEASE USING THE ELECTRONIC COMMUNICATION.
4. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACVR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ACVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE ELECTRONIC COMMUNICATION, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE ELECTRONIC COMMUNICATION, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE ELECTRONIC COMMUNICATION.
5. Your Warranties
By your use of the electronic communication, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the electronic communication. You further represent and warrant that you and your employees and agents use of the electronic communication and of any data input into or generated by the electronic communication shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
6. Your Responsibilities
You further agree and acknowledge that you are solely responsible for inputting and retrieving data using the electronic communication, and for the accuracy and adequacy of information and data furnished using the electronic communication. You have full responsibility for the care and well being of patients and any reliance on the electronic communication shall not diminish that responsibility. You are responsible for establishing such procedures, as you deem appropriate in your professional judgment to verify the accuracy of data transmitted hereunder and to provide backup procedures for any loss of data or unavailability of the electronic communication. You acknowledge and agree that by providing the electronic communication hereunder, ACVR is not rendering medical or other health care services or engaged in the practice of medicine, including veterinary medicine, and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.
7. Disclaimer of Content
You understand and acknowledge that ACVR assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than ACVR, and that ACVR shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available in the electronic communication. ACVR expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
8. Display of Products
We use commercially reasonable efforts to ensure that the colors, design and details of the products displayed in the electronic communication are accurate. However, we cannot and do not guarantee that the colors, font types, design, paper stock and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.
The electronic communication may provide, or third parties may provide, links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by ACVR with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and ACVR is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. ACVR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
You agree to defend, indemnify and hold ACVR, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the electronic communication and/or its Content and/or User Content. ACVR shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
11. Trademark Information
ACVR and our logo are trademarks of ACVR. Other trademarks are owned by ACVR or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of ACVR or the owner of such mark.
You understand and agree that ACVR may from time to time establish and revise practices and limitations concerning the electronic communication and your use of the information contained in the electronic communication. This Agreement constitutes the entire agreement between you and ACVR and governs your use of the Electronic communication. You also may be subject to additional terms and conditions that may apply when you use third party content or Sites available through the electronic communication. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and ACVR and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and ACVR will be governed by the laws of the State of Illinois, and that venue with respect to any dispute between you and ACVR will rest exclusively in the state and federal courts located in the State of Illinois. The failure of ACVR to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. The electronic communication may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages or links in the electronic communication. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.