MIDWEST VETERINARY SUPPLY TERMS AND CONDITIONS
Created: December 11, 2013
Last Updated: August 24, 2015
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
This website is operated by Midwest Veterinary Supply. Throughout the site, the terms "we", "us" and "our" refer to Midwest Veterinary Supply. Midwest Veterinary Supply offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current "Service" shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
OWNERSHIP OF THE SITE AND ITS CONTENTS
This Site is owned by Midwest Veterinary Supply. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Midwest Veterinary Supply Content"), is owned by Midwest Veterinary Supply, its licensors, or its third-party image partners and vendors. All elements of the Site, including the Midwest Veterinary Supply Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Use of the Site
This Site and the Midwest Veterinary Supply Content are intended for customers of Midwest Veterinary Supply. You may not use this Site or the Midwest Veterinary Supply Content for any purpose not related to your business with Midwest Veterinary Supply. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Midwest Veterinary Supply Content without, or in violation of, a written license or agreement with Midwest Veterinary Supply; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Midwest Veterinary Supply Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party forany Midwest Veterinary Supply product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Midwest Veterinary Supply Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Midwest Veterinary Supply Trademarks, the Midwest Veterinary Supply logo, and any other product or service name or slogan contained in the Site are trademarks of Midwest Veterinary Supply and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Midwest Veterinary Supply or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Midwest Veterinary Supply" or any other name, trademark or product or service name of Midwest Veterinary Supply without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Midwest Veterinary Supply and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Midwest Veterinary Supply logo or other proprietary graphic of Midwest Veterinary Supply to link to this Site without the express written permission of Midwest Veterinary Supply. Further, you may not frame any Midwest Veterinary Supply trademark, logo or other proprietary information, including the Midwest Veterinary Supply Content, without Midwest Veterinary Supply' express written consent.
Midwest Veterinary Supply makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Midwest Veterinary Supply and Midwest Veterinary Supply is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Midwest Veterinary Supply provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Midwest Veterinary Supply of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Midwest Veterinary Supply shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
ACCOUNT DATA AND SECURITY
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any forms on the Site; (b) maintain and promptly update Account Data, and any other information you provide to Midwest Veterinary Supply, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Midwest Veterinary Supply immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Account Data and any other information you provide to Midwest Veterinary Supply.
We may at times change the parameters and expiration for the password used to access the online store(s) without prior notice to you, and if we do so, you will be required to change your password the next time you access the online store. To prevent unauthorized access to your accounts and to prevent unauthorized use of the online store(s), you agree to protect and keep confidential your account number, username, password, or other means of accessing your accounts via the online store(s). The loss, theft, or unauthorized use of your account numbers, usernames, and passwords could cause your account(s) to be closed. It could also permit unauthorized and unwanted persons to gain access to your sensitive account information including clinic license information and to use that information for fraudulent purposes, including identity theft. If you disclose your account numbers, usernames, and/or passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity, including any data aggregation service providers, to use the online store(s) or to access or use your account numbers, usernames, passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your clinic and account information by such person(s) or entity. If you believe someone may attempt to use or has used the online store(s) with or without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 1-866.770.7044.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and services.
THIS SITE AND MIDWEST VETERINARY SUPPLY CONTENT ARE PROVIDED "AS IS" AND MIDWEST VETERINARY SUPPLY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MIDWEST VETERINARY SUPPLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE MIDWEST VETERINARY SUPPLY CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MIDWEST VETERINARY SUPPLY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR MIDWEST VETERINARY SUPPLY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR MIDWEST VETERINARY SUPPLY CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Midwest Veterinary Supply uses reasonable efforts to ensure the accuracy, correctness and reliability of the Midwest Veterinary Supply Content, but we make no representations or warranties as to the Midwest Veterinary Supply Content's accuracy, correctness or reliability.
Midwest Veterinary Supply offers a search feature within the Site. Midwest Veterinary Supply explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Midwest Veterinary Supply also disclaims any responsibility for the completeness or accuracy of any directory or search result. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MIDWEST VETERINARY SUPPLY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, MIDWEST VETERINARY SUPPLY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MIDWEST VETERINARY SUPPLY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MIDWEST VETERINARY SUPPLYS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MIDWEST VETERINARY SUPPLY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MIDWEST VETERINARY SUPPLY FOR ACCESS TO OR USE OF THE SITE.
PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
We reserve the right at any time to modify or discontinue services and/or products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Notwithstanding any of these Site Terms, Midwest Veterinary Supply reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Also, In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Midwest Veterinary Supply has adopted a policy of terminating, in appropriate circumstances and at Midwest Veterinary Supply' sole discretion, account holders who infringe the intellectual property rights of Midwest Veterinary Supply or any third party.