In these Terms, “you” and “your” refers to the person accessing or using this Site and “whiskerDocs,” “we,” “us” or “our” refers to whiskerDocs. If you use this Site in the course of your employment or business, then “you” will include both you as an individual user and you in your capacity as a representative of the business organization. In these Terms, “business partners” means the owners of websites that we link to or which link to our Site with our permission as well as those who offer or advertise information, services or products on or through our Site. The word “including” in these Terms means “including, but not limited to.” If you enter into any other agreement with whiskerDocs for any reason, then these Terms are in addition to the terms of such other agreement. All rights not expressly granted to you under these Terms are reserved by us. These Terms constitute a legally binding agreement between you and whiskerDocs. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, OR IF YOU ARE BELOW THE AGE NECESSARY TO ENTER INTO A LEGALLY BINDING CONTRACT, DO NOT USE THIS SITE.
whiskerDocs Does Not Provide Veterinary Medical Care Advice
The content of this Site (“Content”) is for general information purposes only. The Content should not be considered veterinary medical care advice and is not a substitute for professional veterinary care advice, diagnosis, or treatment. We do not represent or warrant that any health, behavior or wellness suggestions or recommendations referred to or described in the Content will be safe, appropriate, or effective for your pet. IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY MEDICAL CARE IMMEDIATELY. NEVER DISREGARD YOUR VETERINARY CARE PROFESSIONAL’S ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANYTHING IN THE CONTENT OR OTHERWISE RELATED TO OUR SITE.
If you are a member of whiskerDocs entitling you to access to our licensed veterinarians for consultation services (“Member”), you may seek the advice of our licensed veterinarians (through e-mail, telephone calls, live-chat, mobile-based chat, or other means). Any advice provided by a whiskerDocs licensed veterinarian is for your decision support purposes only to assist you in making your veterinary medical care decision. Our veterinarians do not diagnose or treat any medical conditions.
Changes to Content
While we make reasonable efforts to ensure that the Content is correct and up-to-date, we cannot guarantee, and make no warranties or representations regarding its accuracy, completeness, reliability or usefulness. Importantly, we reserve the right to change, add or remove some or all of the Content (including these Terms), or to temporarily or permanently discontinue all or any portion of this Site at any time without notice or obligation of any kind.
Risk of Doing Business on the Internet
You assume full responsibility and risk for any damage resulting from your downloading or use of any information, software, or other materials on or through this Site. You acknowledge and agree that electronic communications and databases are subject to errors, outside events, third party hacking, and other causes compromising the integrity of communications and databases that may occur regardless of whiskerDocs’ reasonable security procedures and that we will have no liability whatsoever in the event of such occurrence.
Site Intended for United States Audience
This Site is intended for residents of the United States only. Access to this Site or the Content may not be legal by certain persons or in certain countries. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any portion of the Content in violation of the United States export laws and regulations. whiskerDocs’ services referred to or described in the Content may not be available in all states.
You agree to defend, indemnify, and hold harmless whiskerDocs, and its agents and business partners, and each of their respective officers, directors, and employees, from and against any and all claims, actions, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and other legal expenses) arising out of or relating to any alleged or actual breach of these Terms by you or your use or misuse of this Site.
License to Use Content
Subject to these Terms, we grant you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content for your personal, non-commercial use. You may view and download a single copy of any portion of the Content for your personal use so long as you include all proprietary copyright and trademark notices. You may not reproduce, distribute, display, create derivative works from, or sell any Content or other materials related to our Site or our services. All right, title, and interest in and to this Site and its Content, and all intellectual property rights (including all copyright, trademark, patent, and trade secret rights) related to this Site remain with whiskerDocs and our business partners.
If you believe any materials accessible on or from this Site infringe your copyright, you may request removal (or access blocked) of those materials from this Site by contacting us and providing the information required under the Digital Millennium Copyright Act of 1998. We reserve the right, at our sole discretion, to remove any materials that allegedly infringes another person’s copyright.
Waiver, Jurisdiction, and Severability
We operate this Site from our headquarters in Skokie, Illinois, in the United States. Any claim related to this Site or your use of it is governed by the substantive laws of the State of Illinois for contracts made and fully performed in Illinois. You agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site or the Content shall be in the state or federal courts in Cook County, Illinois. You waive any objection based on lack of personal jurisdiction or improper venue in any such action. You agree that any legal proceeding between us will be based solely on your individual claim and you will not consolidate your claim with the claim of any other party. Our failure to enforce any rights under these Terms will not constitute a waiver of such rights or provision. If any provision of these Terms is determined to be invalid by a court of competent jurisdiction, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. Any claim or cause of action under these Terms must be brought within one (1) year after such claim or cause of action arose or be forever barred.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL WHISKERDOCS, ITS AGENTS AND BUSINESS PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING FOR LOST PROFITS, PERSONAL INJURY, AND PROPERTY DAMAGE OF ANY KIND) THAT ARISE OUT OF OR RELATE TO: (1) THE USE OF OR THE INABILITY TO USE THE SITE OR ITS CONTENT OR ANY ADVICE PROVIDED BY OUR LICENSED VETERINARIANS; (2) ANY TRANSACTIONS FOR SERVICES OR PRODUCTS; OR (3) THE CONDUCT OF ANY OTHER USER OF THE SITE OR ANY OTHER THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE TOTAL MAXIMUM LIABILITY OF WHISKERDOCS, ITS AGENTS AND BUSINESS PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, FOR LOSSES, DAMAGES OF ANY KIND, AND CAUSES OF ACTION, ARISING OUT OF OR RELATING TO OUR SITE, OUR SERVICES, OR PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IS (U.S.) $100. If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Disclaimer of Warranties
WHILE WE TRY TO KEEP OUR SITE UP-TO-DATE, SAFE AND SECURE, WE PROVIDE THIS SITE, INCLUDING ITS CONTENT, PRODUCTS, AND SERVICES (INCLUDING THE ADVICE PROVIDED BY OUR VETERINARIANS), “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING DISCLAIMER, WE EXPRESSLY DO NOT WARRANT THAT: (1) THIS SITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE; (2) DEFECTS OR ERRORS ON THE SITE WILL BE CORRECTED; (3) THE SITE, AND THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE CONTENT OR OTHERWISE AVAILABLE THROUGH THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR USEFUL. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHICH CASE OUR DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Links to Other Websites
Managing Your User Account
If you are a Member of whiskerDocs, you represent that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction. You agree to provide only current, accurate and complete information about yourself in the registration process. You will be asked to establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name and password, as well as other account data. You agree that you will not share this login information with anyone else and will be solely responsible for all acts or omissions (and any misuse of this Site) that occur using your login information. You further agree to promptly inform us if you believe that your login information has been compromised. We request that you keep your contact and billing information up-to-date in our database.
Our Privacy Notice
Termination of this Agreement
These Terms constitute an agreement between you and us that will remain in force until terminated by either party. Either party may terminate at any time. If you violate any of these Terms, your permission to use or access this Site and its Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
When this agreement terminates, any rights or obligations accruing before the termination will survive termination, as well as any provisions of these Terms which by their nature should survive.
You agree that any questions, comments, graphics, information, materials and all other content (collectively “Posts”) that you submit to our Site’s “public areas” (areas of this Site that are intended to be generally available to the public, including blogs, message boards, feedback, etc.) is not proprietary, private or confidential, and may be read, collected and used by others. To protect your privacy, we suggest that you do not include any personally identifying information (“personal information”) in your Posts in this Site’s public areas. If you are a Member of whiskerDocs, however, you may wish to communicate limited personal information to us when working directly with our licensed veterinarians. In such cases, we will use reasonable efforts to protect the confidentiality of those communications and your personal information.
You represent and warrant that you own or otherwise control all of the rights to the content in your Posts and that you grant to us a worldwide, royalty free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, and publicly display the content of your Posts in any format or medium now known or later developed. We are free to use such Posts for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials.
You agree that you are exclusively responsible for any Posts that you make, including its legality, appropriateness, originality and copyright of any such materials. You further agree not to upload to, distribute, post or otherwise publish through this Site: (a) any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal under any applicable law, violative of any third party’s rights, commercial in nature (without our express permission) or otherwise generally objectionable; (b) any files that contain viruses, corrupted files, or any other similar software code, file or program that may damage, destroy, or adversely affect the operation of another person’s computer, our Site, or any software or hardware; (c) any unsolicited or unauthorized advertising, promotional materials, “junk mail” or “spam”; or (d) any content that would impose an unreasonably large load on our infrastructure. Without limiting our rights, we reserve the right at our sole discretion, but we are not obligated, to refuse to publish any Posts, remove any Posts and terminate your access to our public areas or the entire Site.
whiskerDocs and the whiskerDocs logo are trademarks of Whiskers Worldwide, LLC dba whiskerDocs. You agree not to display or use our trademarks in any manner without our prior written consent.