These General Terms of Use set forth the conditions regarding your use of our VetPowerment content, including all features and functionalities, the website (https://www.VetPowerment.com), user interfaces, mobile applications and other online platforms and services related to VetPowerment (collectively, “VetPowerment Service”). By using the VetPowerment Service, you agree to be bound by our General Terms of Use, Privacy Policy, and Cookie Policy, in addition to other terms and conditions that may appear in the VetPowerment Service. You further agree that you may not use the VetPowerment Service for any illegal or unauthorized purpose.

VetPowerment is a subscription-based online information service for veterinary practices or qualified veterinary professionals providing information related to assessment and management of poisoning cases in dogs (“VetPowerment content”). VetPowerment content can be accessed over the Internet with Internet-ready devices (computers and mobile devices).

References to “VETOQUINOL”, “we”, “us” or “our” in this document means VETOQUINOL Corporation as well as its parent, sister, affiliate and subsidiary entities and operational designees including but not limited to Oculus Insights and Clarity Wave.

References to “Oculus Insights”, in this document means Oculus Insights Corporation as well as its parent, sister, affiliate and subsidiary entities and operational designees. References to “Clarity Wave”, in this document means Site Opps Incorporated DBA ‘Clarity Wave’ as well as its parent, sister, affiliate and subsidiary entities and operational designees.

1. SUBSCRIPTION

Once activated, your VetPowerment subscription will continue until cancelled. To use VetPowerment Service, you must have Internet access and provide us with a valid Payment method, such as your credit card or debit card (see 3. Billing).

We may offer different subscription types, including special promotional plans or subscriptions offered by third parties. Some subscription types may have differing conditions, which will be disclosed at your sign-up. You can find the specific details of your VetPowerment subscription by logging in to the service and choosing the “My Account” link at the top of the page.

2. FREE TRIALS

Your VetPowerment subscription may start with a free trial. The duration of the free trial period will be specified during sign-up and displayed on the “My Account” page. The free trial is intended to allow new users and certain former users to try the service.

Eligibility for the free trial is determined by VETOQUINOL at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Users with an existing or recent VetPowerment subscription are generally not eligible. We may use information such as device ID, method of payment, name of the account owner or an account email address used with an existing or recent VetPowerment subscription to determine eligibility.

We will charge the subscription fee for the next billing period to your Payment method at the end of the free trial period unless you cancel your subscription one (1) day before the end of the free trial period. To view the end date of your free trial period, log in to the service and choose the “My Account” link at the top of the page.

3. BILLING

Price. Your billing price will be displayed upon your sign-up. Value added tax shall be added to the fees in accordance with the applicable regulation.

Billing period. The subscription fee for the VetPowerment Service will be charged to your Payment method on the specific billing date indicated on your “My Account” page. The subscription fee shall be invoiced via Stripe.  Unless you cancel your subscription one (1) day before your billing date, you authorize us to charge the subscription fee for the next billing period to your Payment method. The length of your billing period is one-month intervals, but it may vary depending on the type of your subscription. In some cases, your payment date may change, for example if your Payment method has not successfully settled or if your paid subscription began on a day not contained in a given month. To see your current billing period, log in to the service and choose the “My Account” link at the top of the page.

Payment method. To use the VetPowerment Service, you must provide a valid Payment method, such as your credit card or debit card. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, you remain responsible for any uncollected amounts, and we may suspend your access to the service until we have successfully charged a valid Payment method. You can update your Payment method through the “My Account” page. Following any update, you authorize us to continue to charge the applicable Payment method.

Changes to the price and subscription types. We may change our subscription types and the price of the VetPowerment Service from time to time. Any price changes or changes to your subscription type will apply no earlier than 14 days following notice to you.

4. CANCELLATION

You can cancel your VetPowerment subscription at any time, and you will continue to have access to the service through the end of your current billing period. Payments are non-refundable, and we do not provide refunds or credits for any partial monthly subscription periods. To cancel, go to the “My Account” page and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, see “Subscription” details on the “My Account” page.

Respectively, VETOQUINOL may terminate your retail account, membership registration, subscription, or similar uses of the VetPowerment Service and/or stop providing access to the VetPowerment Service for convenience at any time by giving you prior written notice via email or in context of VetPowerment. In addition, VETOQUINOL reserves the right to change, suspend or discontinue all or any aspects of the VetPowerment Service at any time, without prior notice for development, administration, or maintenance purposes. VETOQUINOL may also immediately without notice terminate the VetPowerment Service and/or stop providing access to the VetPowerment Service if you have materially breached your obligations under the terms set out herein or violated applicable laws, or if such action is necessary to protect the safety or rights of VETOQUINOL, other users or third parties. Upon termination, your right to use the VetPowerment Service terminates and you will have no account or similar membership rights to the VetPowerment Service. VETOQUINOL will not be liable to you or to any third party should it exercise these rights. VETOQUINOL ´s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. VETOQUINOL may provide notice of termination by regular mail or e-mail.

5. VETPOWERMENT SERVICE

VetPowerment is intended to be used by professionals within the veterinary industry.

The VetPowerment Service and any content accessed through the service are for your professional use only and may not be shared with other individuals beyond your VetPowerment subscription. Your VetPowerment subscription grants you a limited, revocable, non-exclusive, non-transferable right to access the VetPowerment Service and to view VetPowerment content. Except for the foregoing, no right, title or interest shall be transferred to you by implication or otherwise. You agree not to use the results from the VetPowerment Service for any commercial purposes (except as explicitly authorized in these Terms of Use).

The number of devices through which you may simultaneously access and use VetPowerment depends on your chosen subscription type (VetPowerment base plan plus additional licenses). Your subscription type can be seen on the “My Account” page.

THE RESPONSES AND INFORMATION PROVIDED HEREIN MAY BE USED SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES AS GUIDELINES AND THEY DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT ADVICE IN RESPECT OF HUMAN BEINGS, PETS OR OTHER ANIMALS AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR ANY CLINICAL DIAGNOSIS OR ADVICE OF A MEDICAL DOCTOR OR LICENSED PROFESSIONAL. 

6. INTELLECTUAL PROPERTY RIGHTS

You agree not to archive, adapt, reproduce, distribute, modify, display, perform, publish, license, transfer, broadcast, create derivative works from, offer for sale, use, or otherwise exploit (except as explicitly authorized in these Terms of Use) content and information contained in or obtained from or through the VetPowerment Service. You also agree not to circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the VetPowerment Service; use any automated means to access the VetPowerment Service; or use any data mining, data gathering or extraction method. We may terminate or restrict your use of the VetPowerment Service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the VetPowerment Service.

VetPowerment Service including, but not limited to, its content, layout, user interface, brand materials and all intellectual property rights related to VetPowerment are protected by copyright in accordance with the applicable laws and international agreements and are the exclusive property of VETOQUINOL and/or its licensors or authorizing third parties. All trademarks, service marks, logos, and trade names of Oculus Insights or VETOQUINOL used in the VetPowerment Service are trademarks or registered trademarks of Oculus Insights or VETOQUINOL and protected under trademark law, other intellectual property rights and international agreements. You agree not to remove, alter, or obscure any copyright, trademark or other proprietary rights notices included in the VetPowerment Service. 

7. PASSWORD AND ACCOUNT ACCESS

The subscriber who created the VetPowerment account and whose Payment method is charged (the “Account owner”) has access and control over the VetPowerment account and is responsible for all the activity that occurs through the VetPowerment account. The Account owner is also responsible for any damages or harm resulting from the misuse of the VetPowerment account. To maintain control over the account and to prevent anyone unauthorized from accessing the account, the Account owner must not reveal the username and the password to anyone. As an Account owner, you are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. The Account owner shall inform VETOQUINOL immediately if the username and/or password is lost or disclosed to a third party. The notification shall be made to [email protected]. We may terminate your account or place your account on hold to protect you or VetPowerment from any fraudulent activity.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE VETPOWERMENT SERVICE IS AT YOUR SOLE RISK. VETPOWERMENT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VETOQUINOL AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, “THIRD PARTIES”), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THE VETPOWERMENT SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER VETOQUINOL NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE VETPOWERMENT SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE VETPOWERMENT SERVICE. NEITHER VETOQUINOL NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE VETPOWERMENT SERVICE OR THE PRODUCTS OR SERVICES OFFERED BY THE VETPOWERMENT SERVICE. VETOQUINOL AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VETOQUINOL OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL VETOQUINOL, OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE VETPOWERMENT SERVICE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE VETPOWERMENT SERVICE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT, OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VETOQUINOL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THE VETPOWERMENT SERVICE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE VETPOWERMENT SERVICE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES TO THE EXTENT PERMITTED BY LAW, WILL VETOQUINOL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND EUROS (1,000.00€).

10. INDEMNITY

You agree to indemnify and hold us and our officers, agents, employees, and other partners and third parties harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any other third party due to or arising out of your use of the VetPowerment Service, including your use of the VetPowerment Service to provide veterinary services or similar services to any third parties.

11. MISCELLANEOUS

Governing Law and disputes. VetPowerment Service and these Terms of Use shall be governed by and construed in accordance with the laws of the State of DELAWARE USA. If there is any dispute regarding VetPowerment Service and these Terms of Use, you agree that the dispute will be governed by the laws of State of DELAWARE USA without regard to its conflict of law provisions. With respect to any disputes arising out of or in connection with the VetPowerment Service or these Term of Use, including the validity or breach thereof, you agree to jurisdiction and venue in the relevant court of Delaware USA.

Customer support. To find more information about the VetPowerment Service and its features or if you need assistance with your account, please contact us using the contact information below or on our website.

Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Changes & updates. Errors will be corrected where discovered and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions at any given time. We reserve the right to make changes or updates to our Terms of Use at any time without notice and without liability to you or any other participating third party. As a user of the VetPowerment Service, you are responsible for regularly reviewing our Terms of Use in order to remain informed of our practices and your obligations as you visit and use the VetPowerment Service. Our current Terms of Use constitute the entire agreement between you and VETOQUINOL as you use the VetPowerment Service and supersede all prior understandings or agreements, written or oral, in this regard. If you do not agree to be bound by the then current Terms of Use, your sole remedy is not to use the VetPowerment Service. We are not responsible for typographical or photographic errors in the VetPowerment Service.

Electronic communications. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during signup.

12. CONTACT INFORMATION

If you have questions about the VetPowerment Service or our Terms of Use, contact us here: [email protected]