Effective Date: 03-01-13
Welcome to Pet Genius. Please read this Agreement carefully. This Agreement is a legal contract between you (an individual) and Pet Genius, LLC and its affiliates ("Pet Genius " or "we"). By using the Pet Genius website (the "Site"), you are agreeing to all the terms in this document. PRINT OUT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
If you do not agree to the following terms, do not access or use the Site.
The “Content” of this Site includes text, graphics, logos, icons, images, audio or video content, and digital or printable downloads, as well as the design, selection, and arrangement of this content.
The "Online Community" is our members-only online community, accessible via the Site, in which you can meet other animal lovers and share information and questions about your Pet. When we use the term Online Community in this Agreement, it means this online community, as well as any bulletin boards, chat rooms and other interactive areas of the Site.
When we refer to a "Pet", it means any animal that you own or take care of, or for whom you are seeking information from the Site.
When we refer to a "Vet", it means your community veterinarian or animal health specialist who is familiar with your Pet's medical history and condition.
Should you decide to input your personal information into the Site, that information will be referred to in this Agreement as "Your Personal Information".
“Veterinary Providers” are the veterinarians and animal health specialists who provide information via this Site, whether general in nature or in response to your specific questions regarding your Pet.
INFORMATION ONLY SITE; NO INSURANCE
Pet Genius' prescription drug discount program is not insurance and does not provide insurance coverage. Discounts are exclusively available at participating pharmacies.
IN THE EVENT OF A PET EMERGENCY, CALL YOUR VET OR AN EMEGENCY VETERINARY HOSPITAL.
The content available on the Site is provided for informatioN only. We reserve the right to modify any information on the Site without any obligation to notify past, current or prospective Site users. While we make all commercially reasonable efforts to ensure that all material, information and data on the Site is accurate and reliable, accuracy cannot be guaranteed. DO NOT RELY ON INFORMATION ON THIS SITE, including general answers from veterinary providers to questions about your pet. PET GENIUS is not a substitute for direct advice to you from your VET.
Talk to your Vet if you have any questions about your Pet's medical condition or drugs or their interactions. Use of this Site does not create a any other type of professional relationship between you and Pet Genius or any of the Veterinary Providers on the Site.
PET PROTECTION PLANS ARE NOT INSURANCE, FINANCIAL, OR LEGAL ADVICE, ONLY A MEANS OF ALLOWING YOU TO PROVIDE INSTRUCTIONS FOR YOUR PET'S CARE IF YOU PREDECEASE YOUR PET. YOU SHOULD SEEK ADVICE FROM A FINANCIAL PROFESSIONAL TO UNDERSTAND THE IMPACT ON YOUR FINANCES, AND ADVICE FROM A LEGAL PROFESSIONAL ON THE ENFORCEABILITY OF THE PLAN UNDER YOUR LOCAL PROBATE LAWS.
CHANGES TO OUR AGREEMENT
We will notify you of material changes to this Agreement by posting a notice on the Site or sending you an electronic communication to the email address in your member profile on the Site.
If you continue to use the Site after changes to the Agreement, you have agreed to the changes.
This Site is intended for access only by United States residents. Potential users in any other jurisdiction whose laws or regulations would void this Agreement in whole or in any essential part, or which makes accessing the Site illegal, are unauthorized to use the Site, and do so entirely at their own risk.
INTELLECTUAL PROPERTY RIGHTS
Copyright 2012 Pet Genius LLC. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Site are copyrighted by Pet Genius, unless otherwise noted. The distinctive and original layout and presentation of the Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Pet Genius appear throughout the Site. The Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Pet Genius or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
If you give us any feedback or data, such as ideas, comments, suggestions or questions relating in any way to the Site, such information shall be deemed to be non-confidential and we are free to reproduce, use, disclose and distribute the information to others without limitation. Further, we are free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques.
YOUR USER ACCOUNT
You promise that Your Personal Information entered into the Site is correct and applies only to you. You can only find your account information, profile, and personal information using the password you create.
We will never ask you for your password in a phone call or in an e-mail unless you call or e-mail us first and need help.
YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. PET GENIUS DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.
Remember to sign out of your account by clicking on LOGOUT to close your browser window when you finish each session on the Pet Genius. Using the LOGOUT button prevents others from seeing Your Personal Information if you share a computer with someone else, or use a computer in a library or other public place.
You are responsible to KEEP your password SECRET. Immediately tell us if there is a problem with your account. You are responsible for all activities in your account.
HOW YOU MAY USE THE SITE
You may print only enough copies of information available from the Site for your personal needs. You may not do anything else with the Content, such as re-publish, rent or sell any of the Content yourself.
When using the Site, you will NOT:
- pretend to be someone else
- look at someone else's information unless you are helping that person use the Site
- interfere with the Site
- try to figure out how the software making up the Site works
- use the information on the Site to create and sell a similar service or similar information
- use the Site to violate the law
If you operate another website and are interested in linking to our Site, you must obtain consent from Pet Genius and agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL http://www.petgenius.com and not to any other pages; (3) the link, and use, must be in connection with a website of appropriate subject matter; (4) the link, and use, may not be such that may damage or dilute the goodwill associated with Pet Genius' names and marks; (5) the link, and use, may not create the false appearance that an entity other than Pet Genius is associated with or sponsored by Pet Genius; (6) the link, when activated by a user, must display the Site full-screen and not with a "frame" on the linked website; and (7) Pet Genius reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice.
Pet Genius may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in, which we collectively refer to in this Agreement as the "Online Community". Anything submitted in posts by you may be read, collected, and used by others. For example, search engines may index your questions, answers, and other posts to allow them to appear in search engine results. Protect your anonymity by not including your real name or any personally identifying information in your questions, answers, and other posts in the Online Community.
Online Community Rules
You agree to abide by the following guidelines for use of the Online Community:
- You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users, Pet Genius or our Veterinary Providers.
- You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
- You must keep your comments relevant to the stated topic.
- Any conduct that in Pet Genius’ sole discretion restricts others from using or enjoying the Site is prohibited.
- You may not advertise a business or service.
- Copyrighted material may only be posted with permission of the author.
- Harvesting or collecting information about others, including e-mail addresses, is prohibited.
- You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
All users of the Site must also follow any other guidelines or rules provided by Pet Genius or posted on the Site. A failure to comply with any of these guidelines or rules, or any of the other provisions of this Agreement, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the Online Community. Please report any violations of these guidelines to Pet Genius, as provided for in the “Contacting Us” paragraph of this Agreement.
You and other users of the Online Community are solely responsible for the contents and consequences of the messages you communicate or post on the Site. You should exercise the utmost discretion before providing any personal information in the Online Community. Although Pet Genius is not obligated to monitor content or the accuracy of information, you acknowledge and agree that Pet Genius, in its sole discretion, has the right to monitor, without notice, any of your content or information posted in the Online Community. Pet Genius also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS
Pet Genius respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Pet Genius the following information, in the form prescribed by Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- a description of the copyrighted work or works that you claim have been infringed
- a description of the allegedly infringing material, including its location on the Website
- 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.
Pet Genius’ Copyright Agent for notice of claims of copyright infringement on the Website is: firstname.lastname@example.org
You and Pet Genius understand and agree that: (1) Pet Genius assumes no liability or responsibility for any content or material of any kind that is submitted for or posted in the Online Community by you or by any other users or third parties and (2) Pet Genius is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
WE CAN SUSPEND YOUR ACCOUNT
We can suspend or close your account on our Site or otherwise cease providing the Site in whole or in part at any time and for any or no reason. Our failure to enforce any right, or failure to take action against you regarding your breach of this Agreement, will not be a waiver by us of any later right or breach.
WE GIVE YOU NO GUARANTY
THERE IS NO warranty of any kind, including, without limitation, any warranty of title, merchantability, NON-INFRINGEMENT, or fitness for a particular purpose.
WE DO NOT WARRANT THAT THE SOFTWARE OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SOFTWARE, THE ONLINE COMMUNITY, ANY ADVICE FROM ANY VETERINARY PROVIDERS, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE SITE, IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT- INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE - WHETHER MADE BY EMPLOYEES OF PET GENIUS OR OTHERWISE, WILL BE DEEMED TO BE A WARRANTY BY PET GENIUS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF PET GENIUS WHATSOEVER.
WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION.
WE ARE NOT LIABLE TO YOU IN ANY WAY
PET GENIUS IS NOT RESPONSIBLE FOR DAMAGES TO YOU OR YOUR PET FOR ANY REASON.
IN NO EVENT SHALL PET GENIUS OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE SITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, ADVICE, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PET GENIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
WE ARE NOT RESPONSIBLE FOR ANY VETERINARY PROVIDERS, PRODUCTS OR SERVICES
Pet Genius does not endorse any advice provided by any Veterinary Providers, or any specific programs, products or services, procedures, investments, opinions, or other information that may be mentioned on the Site, or suggested or provided by any Veterinary Providers. Any views expressed by third parties on this Site are solely the views of that third party and we assume no responsibility for the accuracy or truth of any statement made by that third party. As an animal parent, you should make your own decision about the reputation of each Veterinary Provider, and about other products and services that may be discussed.
WE MAKE NO GUARANTEES ABOUT THE RELATIONSHIP BETWEEN YOU AND ANY VETERINARY PROVIDERS, OR ABOUT WHETHER ANY PRODUCTS OR SERVICES WILL HELP YOU ACHIEVE THE RESULTS YOU WANT FOR YOU OR YOUR PET.
YOUR INDEMNIFICATION OF US
You agree to indemnify, defend and hold harmless Pet Genius, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys' fees) arising from or related to your use of the Site, your use of any material, information, advice or data downloaded or otherwise obtained from the Site or the Veterinary Providers, or your violation of this Agreement.
COMMUNICATIONS BETWEEN YOU AND PET GENIUS
You can contact us through this Site or send us an e-mail. Unless you tell us otherwise or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account - if you decide to create one. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.
You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent by us electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, please send a written request to Pet Genius: email@example.com
This Agreement is governed by the laws of the State of ARIZONA, excluding its laws regarding conflicts of laws. The exclusive PLACE for any dispute relating TO THIS AGREEMENT is PIMA county, ARIZONA. Any disputes related to this Agreement, or Pet Genius will be decided in binding arbitration under the rules of the American Arbitration Association. If any part of this Agreement becomes illegal or unenforceable, that part will be deemed deleted from this Agreement, and the remainder of this Agreement will continue in full force and effect, in a manner that gives effect to the original intent between you and Pet Genius.
Any cause of action or claim relating to this Agreement or the Site must be commenced within 1 year after the action or claim arises.
OUR CONTACT INFORMATION
Via Mail at:
Pet Genius, LLC
4750 N. Oracle Road, Suite 214,
Tucson, AZ 85705
Via Phone at: