VirtuaVet Terms of Service and Disclaimer
VIRTUAVET.COM TERMS OF SERVICE AND DISCLAIMER
Welcome to VirtuaVet.Wordpress.com, VirtuaVet.com, Doc Truli.com (the “VirtuaVet Site”), a website devoted to providing coaching questions and information for pet parents on the web. VirtuaVet, a Boston Brain Bank, LLC Company also provides Petexcutive Health Care Consulting Services to the Veterinary Professional Community. VirtuaVet.com is owned by Boston Brain Bank, LLC, a limited liability company established under the laws of the State of Florida, with offices in Boston, Massachusetts, and Maimi, Florida. This site, and your use of it, is governed by VirtuaVet.com’s Terms of Service And Disclaimer (“Terms of Service”), set forth herein.
If pages or offers within the VirtuaVet Site contain additional terms that govern particular features or offers (for example, chat areas or product information), your use of such page(s) or participation in such offer shall constitute your agreement to all such additional terms without modification. In the event that any of the terms, conditions, and notices contained in this Terms of Service conflict with any such additional terms, then these Terms of Service shall control.
DISCLAIMERS AND LIMITATION OF LIABILITY
The information contained on the VirtuaVet Site is in no way intended to be used or relied upon to diagnose or treat the health condition of any animal, or as a prognosis of any health condition, and should not be used as a substitute for obtaining professional veterinary advice regarding your animal’s health. While information about veterinarians, animal hospitals, products, procedures, and other content relating to animal health and lifestyle issues may be mentioned on the VirtuaVet Site, the VirtuaVet Site is solely for reference and to enhance your pet-owning experience, and is not meant to provide or be used for medical consultation. You should never disregard veterinary advice or delay in seeking veterinary advice as a result of information provided on the VirtuaVet Site. Any reliance by you on information provided by Boston Brain Bank, LLC, Boston Brain Bank, LLC employees, others appearing on the VirtuaVet Site, others posting links at the invitation of Boston Brain Bank, LLC, or other visitors to the VirtuaVet Site, is done solely at your own risk. If your pet is suffering a health emergency, you should immediately contact your veterinarian or emergency clinic.
The VirtuaVet Site and all material on or in the VirtuaVet Site are provided on an “as is” basis. Boston Brain Bank, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Boston Brain Bank, LLC, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, current-ness, or timeliness of any content, communications or other material contained on the VirtuaVet Site, software, text, graphics, links, or communications provided on or through the use of the VirtuaVet Site.
Neither Boston Brain Bank, LLC, its licensors, its suppliers, nor any third parties mentioned on the VirtuaVet Site shall be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, personal injury damages, wrongful death damages or damages resulting from lost data or business interruption) resulting from the use of or inability to use the VirtuaVet Site or any content, other material, or links provided thereon.
When using the VirtuaVet Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Boston Brain Bank, LLC, its licensors and its suppliers. Accordingly, Boston Brain Bank, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VirtuaVet Site.
ONLY PERSONAL USE IS PERMITTED OF VirtuaVet SITE – COMMERCIAL USE BY USERS IS PROHIBITED
Unless otherwise specified, the VirtuaVet Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the VirtuaVet Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the VirtuaVet Site solely for your own noncommercial use, or to place an order with the VirtuaVet Site or to purchase products related to the VirtuaVet Site. You shall include the reference “Copyright (c) 2009 Boston Brain Bank, LLC. All Rights Reserved.” on any such material that you download, copy or print from the VirtuaVet Site. Any other use of materials on the VirtuaVet Site, including but not limited to the modification, reproduction, exploitation, distribution, republication, display or transmission of the content of the VirtuaVet Site, without prior written permission of Boston Brain Bank, LLC, is strictly prohibited.
HARASSMENT IS NOT PERMITTED
Harassment in any manner or form on the VirtuaVet Site, including but not limited to via e-mail and chat or by obscene or abusive language or pictures is strictly forbidden. Impersonation of others, including a Boston Brain Bank, LLC employee, host, or representative or other members or visitors on the VirtuaVet Site is prohibited. You may not upload to, distribute, or otherwise publish through the VirtuaVet Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
PROTECTING THE PRIVACY OF CHILDREN
Boston Brain Bank, LLC is committed to protecting the privacy of children. There is information on the VirtuaVet Site to help young adults become responsible pet owners. Nevertheless, the VirtuaVet Site cannot and does not filter ads or other content that children may view through the VirtuaVet Site, or third-party sites linked to the VirtuaVet Site, and children could, without the knowledge or consent of Boston Brain Bank, LLC, receive content and materials from the Internet and/or advertisements that are not appropriate for children. Boston Brain Bank, LLC is not able to review all content and material that users of the VirtuaVet Site post, upload or transmit onto the VirtuaVet Site, and it is possible that content or other material could be posted, uploaded or transmitted onto the VirtuaVet Site that is not appropriate for children. Boston Brain Bank, LLC encourages parents and guardians of children to spend time online with their children to monitor and filter what is being viewed. Boston Brain Bank, LLC also encourages parents and guardians to use filtering software to help prevent their children from viewing inappropriate material.
We do not collect personally identifiable information from any person we actually know to be a child under the age of 13.
COPYRIGHT OF MATERIAL ON VirtuaVet SITE
All material contained on the VirtuaVet Site is protected by copyright and other laws under both United States and foreign laws. Title to and ownership of all such material, and all rights therein, remains with Boston Brain Bank, LLC or its licensors. Any use of such material not expressly permitted by these Terms of Service is a serious breach of these Terms of Service and may violate copyright, trademark, and other laws. Any and all material contained on the VirtuaVet Site is subject to change or termination without notice in the editorial discretion of Boston Brain Bank, LLC. All rights not expressly granted herein are reserved to Boston Brain Bank, LLC and/or its licensors.
POSTING OR SUBMISSION OF MATERIAL BY USERS – CONDITIONS OF POSTING OR SUBMISSION
You agree that you will not post, upload or transmit any communications or material of any type (including, without limitation, written content, photographs, pictures, video or film images, drawings or other reproductions, plans, audio files, graphics files) (referred to collectively as “Material”) to the VirtuaVet Site (including blogs, message boards, etc.) that is not original with you or that infringes upon or violates in any way any rights of any party. You agree that you will not post, upload or transmit any Material to the VirtuaVet Site that is an advertisement, promotion or solicitation for any person, entity, product or service, or that may constitute “spam”.
IMPORTANT: By submitting, uploading or posting such Material to the VirtuaVet Site, you warrant and represent to Boston Brain Bank, LLC, its licensors and its suppliers that:
- you have the 100% right to submit, upload or post such Material;
- the Material is original with you. You should not submit, upload or post any Material that was created, photographed, written, produced, recorded, whether in whole or in part, by anyone other than you;
- the Material does not in any way violate the copyright, trademark, service mark or other property rights of any person or entity;
- the Material does not violate the rights of privacy and/or publicity of any person or entity. If the image, likeness, voice, etc., of a person(s) other than yourself is included in any Material you submit, you must have prior written permission from each and every such person(s) (and from such person’s legal guardian if such person is a minor or under a legal incapacity) to include their image, likeness, voice, etc., in the Material, to submit the Material to the VirtuaVet Site, and to grant the rights to Boston Brain Bank, LLC in and to such Material set forth in these Terms of Service; and
- you own or control all rights in and to such Material in perpetuity, throughout the universe.
- the Material is not obscene, defamatory, libelous, slanderous, hateful, abusive or embarrassing in any way to any person or entity.
- the Material does not contain any viruses or other computer code in it that may damage any computer hardware or software.
By submitting, uploading or posting such Material to the VirtuaVet Site, you agree that such Material is non-confidential for all purposes, and hereby grant Boston Brain Bank, LLC a royalty-free, irrevocable, nonexclusive license to use, reproduce, modify, distribute, edit, translate, exploit, publish, post, upload and display the Material in any media, medium, or form now known or hereafter developed, in perpetuity throughout the universe. Boston Brain Bank, LLC does not invite the submission of any business information, proposal, idea, concept or similar material by you, and if you submit any such information to Boston Brain Bank, LLC, either via the VirtuaVet Site or otherwise, you hereby agree that all such information, proposal, idea, concept or similar material submitted by you is non-confidential for all purposes and may be used, exploited or displayed as such by Boston Brain Bank, LLC.
Similarly, please do not post any medical opinions, or anything that could be construed as a medical opinion, on the VirtuaVet Site. Boston Brain Bank, LLC prohibits users from posting medical opinions on the VirtuaVet Site.
You agree that you will not upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the VirtuaVet site.
Boston Brain Bank, LLC reserves the right to review all media or Materials prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion. Notwithstanding this, Boston Brain Bank, LLC cannot and shall not be able to review all media or Materials that are submitted.
If you do not agree to all of the conditions of posting or submission, you shall not and may not post, upload or transmit any Material on or to the VirtuaVet Site. Violation of any of these conditions of posting or submission may give rise to liability from you to Boston Brain Bank, LLC or others pursuant to the section below headed “Your Indemnity To Boston Brain Bank, LLC”.
If you acquire a password for certain portions of the VirtuaVet Site, you are responsible for taking all reasonable actions and using all reasonable care to ensure that no unauthorized person shall have access to your password. It is your sole responsibility to control the dissemination and use of your account name and password, authorize, monitor, and control access to and use of your account and password and promptly inform Boston Brain Bank, LLC of any need to deactivate your password. Boston Brain Bank, LLC, its employees and agents involved in the operation of the VirtuaVet Site shall have the right to transmit, monitor, retrieve, store, and use your password or other account information soley in connection with the operation of the VirtuaVet Site. As stated elsewhere in these Terms of Service, Boston Brain Bank, LLC does not assume any responsibility or liability for any information you submit to or via the VirtuaVet Site, or your or third parties’ use or misuse of information transmitted or received using tools and services from the VirtuaVet Site.
YOUR INDEMNITY TO BOSTON BRAIN BANK, LLC
By your use of the VirtuaVet Site, you hereby agree to defend, indemnify, and hold Boston Brain Bank, LLC, its officers, directors, employees, agents, licensors, independent contractors, third parties linked to the VirtuaVet Site and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service and Disclaimer.
USER PARTICIPATION AND USER CHAT ROOMS
Boston Brain Bank, LLC does not and cannot review all Materials or other communications posted, created, uploaded or otherwise transmitted by users accessing the VirtuaVet Site, or Materials or other communications on or via the VirtuaVet Site where users communicate directly with each other in any way (such as, but not limited to, chat rooms bulletin boards, public forums, etc.), and is not in any manner responsible for the content of any such communications and Materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the VirtuaVet Site, Boston Brain Bank, LLC is merely acting as a passive conduit for such distribution and shall not not have any obligation or liability relating to any such Material, communications or activities on the VirtuaVet Site, whether or not arising under the laws of copyright, trademark, libel, privacy, obscenity or otherwise. However, Boston Brain Bank, LLC may, but is not obligated to, monitor, review, edit, delete, modify or record the content of any such Material in its sole discretion.
Any personally identifiable information you may post or transmit will be treated by Boston Brain Bank, LLC in accordance with the VirtuaVet Site’s Privacy Statement.
You agree, by and as a condition of your use of any forum on the VirtuaVet Site (“a VirtuaVet Forum”), that you will not post any material which is false, defamatoryk haccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening to anyone, invasive of any person’s privacy, adult material, or other in violation of any international or United States law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on any VirtuaVet Forum.
You should note that it is impossible for the staff or owners of any VirtuaVet Forum to confirm the validity of posts. Please remember that we cannot and do not actively monitor the posted messages, and as such, are not responsible for the content contained on any VirtuaVet Forum. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of any VirtuaVet Forum, VirtuaVet’s staff or management, or its subsidiaries and affiliates. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of the particular VirtuaVet Forum immediately. The staff and owner of the applicable VirtuaVet Forum(s) reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, and as a result they may hnot be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless VirtuaVet and any other owner of the VirtuaVet Forum(s) on which you post messages, its staff, officers and directors, its affiliates and subsidiaries, and any related websites to such VirtuaVet Forum(s). The owner of such VirtuaVet Forum(s) also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
You have the ability, as you register for a VirtuaVet Forum, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to never use another person’s account for any reason. We also highly recommend that you use a complex and unique password for your account, to prevent account theft.
After you register and login to a VirtuaVet Forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the VirtuaVet Forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice.
Appropriate sanctions may be applicable.
Please note that with each post on a VirtuaVet Forum, your IP address is recorded, in the event that you need to be banned from such forum or your ISP contacted. This will only happen in the event of a major violation of these Terms Of Service.
Also note that the software places a cookie — which is a text file containing bits of information, such as your username and password — in your browser’s cache. This in only used to keep you logged in/out. The software does not collect or send any other form of information to your computer.
THIRD-PARTY LINKS AND ADVERTISING
In an attempt to provide increased value to our visitors, the VirtuaVet Site may contain links to or advertising for other sites on the Internet that are owned and operated by third party vendors and other third parties (the “Third Party Sites”). Regardless of whether any agreement exists between such Third Party Sites and Boston Brain Bank, LLC, Boston Brain Bank, LLC has no control over these linked sites, the content on these sites, and the infrastructure by which your computer may be directed to or linked with these sites. The Third Party Sites have separate privacy and data collection practices, independent of Boston Brain Bank, LLC, and Boston Brain Bank, LLC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Boston Brain Bank, LLC sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such Third Party Sites.
IF YOU ALLEGE THAT THE VirtuaVet SITE IS VIOLATING A COPYRIGHT
It is the VirtuaVet Site’s express policy to comply with all laws protecting copyright, including the Digital Millennium Copyright Act and the provisions relating to removal of copyrighted material contained therein. If you believe any Materials accessible on or from the VirtuaVet Site infringe your copyright, you are encouraged to request removal of those materials (or access thereto) from the VirtuaVet Site site by contacting Boston Brain Bank, LLC as set forth below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, why you believe it to be infringed, proof of its copyright, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material on the VirtuaVet Site that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information necessary for us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained-of use of the materials on the VirtuaVet Site is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied to us is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- VirtuaVet’s address and contact information for all requests or inquiries related to copyright issues relating to the VirtuaVet Site is as follows: Boston Brain Bank, LLC Attn: Copyright Agent 20533 Biscayne Blvd, Suite 4, #236, Aventura, FL 33180 E-mail: VirtuaVet@BostonBrainBank.com
We will not be able to respond to requests or inquiries that are sent to this address that are not related to copyright claims.
In an effort to protect the rights of copyright owners, VirtuaVet maintains a policy for the termination, in appropriate circumstances, of account holders of the VirtuaVet Site who are repeat infringers.
ACCESS FROM OUTSIDE OF THE UNITED STATES IS DONE AT YOUR OWN RISK
Boston Brain Bank, LLC makes no claims that the VirtuaVet Site and/or any material provided therein and/or any Third Party Sites linked to the VirtuaVet Site are appropriate or may be downloaded outside of the United States. Access to such material may not be legal by certain persons or in certain countries. If you access the VirtuaVet Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Boston Brain Bank, LLC shall not be responsible for any typographical error in Material or other communications included on the VirtuaVet Site, or any error in any information received from an advertiser or sponsor (including, but not limited to, pricing information) that is included on the VirtuaVet Site.
MODIFICATION OF THESE TERMS OF SERVICE Boston Brain Bank, LLC reserves the right to change the terms, conditions, and notices under which the VirtuaVet Site is offered, including but not limited to any charges that may in the future become associated with the use of the VirtuaVet Site. You are responsible for regularly reviewing these Terms of Service.
JURISDICTION AND GOVERNING LAW
You expressly agree that exclusive jurisdiction for any dispute with Boston Brain Bank, LLC, or in any way relating to your use of the VirtuaVet Site, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Boston Brain Bank, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Because of the designated purpose of this site and the services it provides, you agree that the VirtuaVet Site does not constitute a service that targets any one community, user group, business or industry. Because the site is designed for educational purposes, you also agree that it does not constitute “doing business” in any specific jurisdiction or soliciting business for Boston Brain Bank, LLC or any of our affiliated companies, subsidiaries or our parent company or establishing “minimum contacts” with any jurisdiction outside of the State of Florida.
These Terms of Service and Disclaimer are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms of Service and Disclaimer 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 these Terms of Service and Disclaimer, which shall remain in full force and effect. No waiver of any of these Terms of Service and Disclaimer shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Thank you for visiting VirtuaVet. If you have any questions or comments regarding the VirtuaVet Site, including any reports of non-functioning links, please submit them using our Contact Us Form or via U.S. mail to:
VirtuaVet Privacy Office
20533 Biscayne Blvd., Suite 4, #236, Aventura, FL 33180
or email VirtuaVet@BostonBrainBank.com