LEGAL

Terms of Service

Last updated on September 28th, 2017

Overview

Welcome to Vetcove. We strive to provide practical tools and technology to the veterinary community. This Statement of Terms of Use ("Statement," "Terms, or “TOS”) governs our relationship with veterinary businesses and others who interact with Vetcove, as well as Vetcove brands, products and services, which we call the “Vetcove Services” or “Services”.

By using or accessing the Vetcove Services, you agree to these conditions, as updated from time to time in accordance with our update policies in this document. Please read them carefully.

I. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content and information. We encourage you to read it to help you make informed decisions about using Vetcove.

By using or accessing the Vetcove Services, you agree to these conditions, as updated from time to time in accordance with our update policies in this document. Please read them carefully.

II. Electronic Communications

When you use our Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Vetcove Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

III. Copyright

All content included in or made available through any Vetcove Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Vetcove and protected by United States and international copyright laws. The compilation of all content included in or made available through any Vetcove Service is the exclusive property of Vetcove, and is protected by U.S. and international copyright laws. Some content displayed by Vetcove, including company names and logos of manufacturers and suppliers, as well as product names, descriptions, documentation, and images, may be owned by their originators rather than Vetcove. As an authorized agent of our users, Vetcove accesses and uses these content items for the sole purpose of providing the Services to our users, but claims no copyright to such materials owned and copyrighted by their originators. Companies that upload or enter content into Vetcove give Vetcove a permanent and unrestricted license to such content for all as long as the Vetcove Services remain operational.

IV. Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Vetcove Service are trademarks or trade dress of Vetcove in the U.S. and other countries. Vetcove's trademarks and trade dress may not be used in connection with any product or service that is not Vetcove's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vetcove. All other trademarks not owned by Vetcove that appear in any Vetcove Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vetcove.

V. Your Account and Authorized Use

Only veterinarians with an active veterinary license in the United States, or explicitly authorized representatives of such person(s), including but not limited to veterinary technicians, office managers, and inventory managers, may access the Vetcove Services. You are required to enter information about yourself and your clinic during the signup process, which must be truthful and verifiable to the best of your knowledge. Some products on Vetcove may be hazardous or controlled substances under DEA schedules, and attempting to view these products or illicitly obtain them is a serious offense. Any accounts whose information cannot be verified or are found to be unauthorized to access the Services will be terminated immediately.

If you use any Vetcove Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

VI. Reviews, Comments, Communications, and Other Content

Vetcove users may post reviews, questions, answers, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Vetcove reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Vetcove a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Vetcove and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Vetcove for all claims resulting from content you supply. Vetcove has the right but not the obligation to monitor and edit or remove any activity or content. Vetcove takes no responsibility and assumes no liability for any content posted by you or any third party.

VII. Copyright Complaints

Vetcove respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

VIII. Risk of Loss, Returns, Refunds and Title

Vetcove is not a seller or shipper of any products. Thus, all items viewed or purchased through Vetcove are sold under the shipment terms of the supplier or manufacturer from whom you are purchasing. Pursuant to most supplier terms, the risk of loss and title for such items may pass to you upon our delivery to the carrier, and conversely, title is not taken for such items until they reach the supplier’s fulfillment center. Please refer to the purchasing and account terms for the seller for complete information and policies related to your purchases.

IX. Product Descriptions

Information about products, including names, descriptions, images, and documentation, is gathered from various sources, including but not limited to websites and documentation of suppliers and product manufacturers. Vetcove may attempt to curate such information, to the best of our ability, in an attempt to be as accurate as possible. However, Vetcove does not warrant that product descriptions or other content of any Vetcove Service is accurate, complete, reliable, current, or error-free. If you are unsure about the accuracy of a product’s information, we suggest cross-referencing the product information with authorized sellers of the product, or directly with the product’s manufacturer, to ensure accuracy. If a product discovered on or ordered through Vetcove is not as described, your sole remedy is to return the product to the seller whence it came, pursuant to the terms of that seller’s return policy. Vetcove assumes no responsibility for products ordered using information obtained on Vetcove, and will not interact with sellers on your behalf to initiate or negotiate a return of any product.

X. Account Information From Third-Party Sites

When you use the Vetcove Services, you may direct Vetcove to retrieve your own information maintained online by third-parties with which you have customer relationships, maintain accounts, or engage in purchase transactions to supply your veterinary organization (“Account Information”). Vetcove does not review the Account Information for accuracy, legality or non-infringement. Vetcove is not responsible for the Account Information or products and services offered by or on third-party sites.

Vetcove cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Vetcove cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

XI. Rights You Grant to Us as Your Authorized Agent

By submitting information, data, passwords, usernames, other login information, materials and other content to Vetcove through the Services, you are licensing that content to Vetcove for the purpose of providing the Services. Vetcove may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit it to Vetcove for use for this purpose, without any obligation by Vetcove to pay any fees or be subject to any restrictions or limitations.

When you sign up for a Vetcove account, you designate Vetcove as your authorized agent with permission to use your login information to third-party services, such as your suppliers, and represent that you are authorized to do so by your clinic or company. Vetcove’s systems utilize this login information to access these third-party services’ websites on your behalf to obtain and analyze pricing, availability, order history, cart, and other information.

By using the Services, you expressly authorize Vetcove to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the Vetcove Services, you will be directly connected to the website for the third party you have identified. Vetcove will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Vetcove to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information.

Actions you expressly authorize Vetcove to take on your behalf for all suppliers whose information you’ve submitted to Vetcove include, but are not limited to, the following:

  • Product Retrieval - Vetcove will locate a given product on a supplier’s website and view that product’s page or listing in order to serve you appropriate content.
  • Availability Retrieval - Vetcove will obtain availability information, including stock or backorder status, quantities in stock, warehouse information, drop-ship information, and other availability information when available.
  • Pricing Retrieval - Vetcove will obtain your own clinic’s pricing information for a product, including quantity discounts, promotions, and special instructions related to that product’s purchasing or shipment.
  • Cart Modification - Vetcove will manage your cart on the supplier’s website by adding or removing products to/from your cart, or changing quantities in your cart.
  • Order History Retrieval - Vetcove will retrieve and store information on past orders from your suppliers to provide our order history and analytics features.
  • Order Placement - Vetcove will place orders on your behalf with select third-party supplier websites

Vetcove takes the above actions only after you have signed up for a Vetcove account as an authorized representative of your clinic or company. Vetcove will not, except for purposes of providing the Services to you, take actions on your suppliers’ websites without explicit permission.

For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Vetcove a limited power of attorney, and appoint Vetcove as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN VETCOVE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, VETCOVE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Vetcove is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

XII. Pricing and Availability

Vetcove is not a seller of any products. Any prices viewable to you on Vetcove are the prices offered to you by the seller of that product. These prices are retrieved, on your behalf, in real time, and represent the pricing specifically for your clinic just as you would see on that seller’s eCommerce website.

Vetcove makes no warranties to the accuracy of pricing or availability information. Despite our best efforts, a small number of the items in our catalog may be mispriced, or stock may be mislabeled, due to technical error of either the seller or Vetcove. If the error resides with the seller, please contact the seller and/or refer to the seller’s policies for remedies. If the price of the item on Vetcove does not match the price of the item on the seller’s eCommerce website, please contact us at team@vetcove.com so that we may look into it.

Pricing and availability information at any given supplier may be unavailable, from time to time, due to an error or downtime on a supplier’s website, or changes to a supplier’s website that makes Vetcove’s interfacing with their website temporarily unavailable. Vetcove makes no warranties of uptime or that any connected supplier will have pricing and availability retrievable at any given time.

XIII. Vetcove Software Terms and Additional Terms

Terms

In addition to these Terms of Use, the Software Terms found at the end of this document apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Vetcove Services (the "Vetcove Software"). The additional terms at the end of this document also apply to your use of the Vetcove Services and constitute a part of the Terms of Use.

XIV. Other Businesses

Parties other than Vetcove may add or modify content, provide services, or sell or advertise product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or organizations or the content of their websites. Vetcove does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

XV. Disclaimer of Warranties and Limitation of Liability

THE VETCOVE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VETCOVE SERVICES ARE PROVIDED BY VETCOVE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VETCOVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VETCOVE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VETCOVE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VETCOVE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VETCOVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VETCOVE DOES NOT WARRANT THAT THE VETCOVE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VETCOVE SERVICES, VETCOVE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM VETCOVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VETCOVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VETCOVE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY VETCOVE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR VETCOVE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, VETCOVE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

XVI. Disputes

Any dispute or claim relating in any way to your use of any Vetcove Service, or to any products or services offered by Vetcove or through Vetcove.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our headquarters. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, it shall be resolved exclusively in the U.S. District Court for the Central District of New Jersey or a state court located in Monmouth County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New Jersey will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

XVII. Applicable Law

By using any Vetcove Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Vetcove.

XVIII. Site Policies, Modification, and Severability

Severability

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your use of Vetcove Services. We reserve the right to make changes to our site, Privacy Policy, and Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Vetcove, Inc.

515 Madison Avenue

Suite 1910

New York, NY 10022

www.vetcove.com

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing to the above address, and please provide us with this information.

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon
  • A description of where the material that you claim is infringing is located on the site
  • Your address, telephone number, and e-mail address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Additional Vetcove Software Terms

  • Use of the Vetcove Software - You may use Vetcove Software solely for purposes of enabling you to use and enjoy the Vetcove Services as provided by Vetcove, and as permitted by the Terms of Use, these Software Terms and any Service Terms, including those of third party suppliers. You may not incorporate any portion of the Vetcove Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Vetcove Software or otherwise assign any rights to the Vetcove Software in whole or in part. You may not use the Vetcove Software for any illegal purpose. We may cease providing any Vetcove Software and we may terminate your right to use any Vetcove Software at any time. Your rights to use the Vetcove Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms or the Terms of Use. Additional third party terms contained within or distributed with certain Vetcove Software that are specifically identified in related documentation may apply to that Vetcove Software (or software incorporated with the Vetcove Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Vetcove Service is the property of Vetcove or its software suppliers and protected by United States and international copyright laws.
  • Use of Third Party Services - When you use the Vetcove Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  • No Reverse Engineering - You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, extract source code, or otherwise tamper with, the Vetcove Software, whether in whole or in part, or create any derivative works from or of the Vetcove Software.
  • Updates - In order to keep the Vetcove Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  • Export Regulations; Government End Users - You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Vetcove Software. If you are a U.S. Government end user, we are licensing the Vetcove Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Vetcove Software are the same as the rights we grant to all others under these Terms of Use.

Additional Conditions of to Ensure Safety

We do our absolute best to keep Vetcove safe. By using the Vetcove Services, you agree to the following to help ensure the safety of our Services and the Vetcove community:

  • You will not post unauthorized commercial communications (such as spam) on Vetcove.
  • You will not collect users' content or information, or otherwise access Vetcove, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Vetcove.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not attempt to sell any product that is illegal in any U.S. jurisdiction, or that you are not authorized to sell.
  • You will not use Vetcove to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of Vetcove, such as a denial of service attack or interference with page rendering or other Vetcove functionality.
  • You will not facilitate or encourage any violations of this Statement or our policies.

Additional Conditions for Registration and Account Security

Vetcove users provide their real names, contact information, and clinic information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal or clinic information on Vetcove, or create an account for anyone other than yourself without permission.
  • You will not create more than one account for your clinic.
  • You will not misrepresent yourself for your clinic, by impersonating another person or clinic, on any part of Vetcove.
  • If we disable your account, you will not create another one without our permission.
  • You will not use your Vetcove account for your commercial gain, except for the purposes for which Vetcove was specifically created to help clinics.
  • You will not use Vetcove if you are not a licensed veterinarian in the United States or an explicitly authorized agent acting on behalf of a licensed veterinarian
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account outside of your clinic or hospital, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting our written permission.

Additional Conditions for Protecting the Rights of Others

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on Vetcove that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on Vetcove if we believe that it violates this Statement or our policies.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or Trademarks or any confusingly similar marks, without our express prior written permission
  • You will not attempt to collect information from Vetcove or Vetcove users.
  • You will not post any person’s or entity’s identification documents or sensitive financial information on Vetcove.

Additional Miscellaneous Conditions of Use

  • This Statement makes up the entire agreement between the parties regarding Vetcove, and supersedes any prior agreements.
  • If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any of this Statement, it will not be considered a waiver.
  • Any amendment to or waiver of this Statement must be made in writing and signed by us.
  • You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  • All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise
  • Nothing in this Statement shall prevent us from complying with the law.
  • This Statement does not confer any third party beneficiary rights.
  • We reserve all rights not expressly granted to you.
  • You will comply with all applicable laws when using or accessing Vetcove.

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Contact

515 Madison Avenue

Suite 1910

New York, NY 10022

team@vetcove.com

646.504.2696