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DoveLewis Emergency Animal Hospital allows use of the website, and subscriptions and access to the services available at www.atdove.org, subject to the Terms and Condition of Use below. If you do not agree to these Terms and Conditions of Use, you may not use the website and will not be granted access to the services available thereon.
TERMS AND CONDITIONS OF USE
Welcome to www.atdove.org (the “Website”), operated by Dove Lewis Emergency Animal Hospital, Inc. (“DoveLewis,” “us,” “our,” and/or “we”). Please read these Terms and Conditions of Use (these “Terms”) before using the Website or our on-demand veterinary training materials (the “Services”), which are available online through the Website with a paid subscription.
These Terms cover your use of the Website, whether you simply access and browse the Website, or use or subscribe to the Services offered through the Website. We shall refer to the foregoing activities collectively by referencing your “use of the Website” (or a similar phrase). In addition to these Terms, your access to the Services is subject to you and your company agreeing to be bound and abide by the atdove.org Subscription Agreement (the “Subscription Agreement”).
By using the Website and/or its Services, you, on behalf of yourself and the entity you represent (if any), agree to be bound by these Terms in their then-current form. If you do not agree to these Terms, please do not use the Website or its Services. If you violate these Terms you may have your access to and use of the Website and/or its Services suspended or terminated, at the discretion of DoveLewis. If you do not agree to these Terms, you may not access or use the Website or its Services.
In addition to these Terms and the atdove.org Subscription Agreement, we encourage you to review our Privacy Notice, which describes our information and privacy practices that apply when you use the Website or Services.
1. Amendment. We may amend these Terms at any time by posting an updated version of these Terms on the Website. Your use of the Website following such revisions constitutes your acceptance of and agreement to these Terms, as revised by us. Any revisions will be effective upon posting, unless some other date is specified. If you have set up an account through the Website, we may, in our discretion, also notify you of changes to these Terms either (i) via the email address you have provided to us; or (ii) by requiring that you click-to-agree to the revised Terms the next time you access your account. Except as provided in this paragraph, these Terms may not be amended.
2. General License for use of Website. In allowing you access to the Website, we are granting you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the Website for your own personal or internal business use. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DoveLewis. You agree that your use of the Website and its content will be in compliance with all applicable laws and regulations and that you will not use, or allow any other person to use, the Website or its content for or in connection with any illegal purpose or activity. Any unauthorized use of the Website or other breach of these Terms automatically terminates the rights granted to you herein. Any such breach may also constitute a violation of DoveLewis’ and/or its licensors’ copyrights, trademark rights, or other intellectual property or proprietary rights. You are responsible for all software, hardware, services (such as Internet service), and other equipment necessary to access and use the Website, including all related expenses, if any. By accessing the Website, you acknowledge and agree that you are solely and exclusively responsible for protecting your own computer, device, and software in any and all respects.
3. Services License. In addition to the general license grant above, if you or the entity you represent subscribe to the Services accessible through the Website, conditioned upon your adherence to the Subscription Agreement and these Terms, DoveLewis grants to you as a Subscriber and/or Authorized User (each term having the meaning it is given in the Subscription Agreement) a non-exclusive, non-transferable, non-assignable, non-sublicensable, fee-bearing, and limited license to access, view, display, and use the Services accessible through Subscriber’s account on the Website and through Subscriber’s internal computer networks, for the sole purpose of training and educating Authorized Users, as set forth in the Subscription Agreement, and for the period or term described in the Subscription Agreement. In further addition to the responsibilities described above, as a Subscriber or Authorized User, you acknowledge and agree that you are solely and exclusively responsible for protecting your log-in information from use by third parties.
4. Restrictions on Use of Website and Services Content. No Website or Services content may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way except as otherwise permitted by these Terms or the Subscription Agreement. Notwithstanding the foregoing, you may download, where specifically permitted, one copy of related materials on any single computer for your personal use only, provided you keep intact all copyright and other proprietary notices.
5. Conduct. You agree to use the Website and Services only for lawful purposes and in compliance with all applicable state, federal, and international laws, regulations, and other government requirements. In addition, to the extent you use the Services, you further agree that your use of the Services will at all times be in compliance with these Terms and the terms of the Subscription Agreement. You agree not to take any action that might compromise the security of the Website or Services, render the Website or Services inaccessible to others, or otherwise cause damage to the Website or Services, or any content thereon. You agree not to use the Website or Services in any manner that might interfere with the rights of third parties. You agree not to use the Website or Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website or Services. You agree not to attempt to access data or materials not intended for you; not to create a database by downloading and/or saving any content, whether directly or through intermediaries; not to transmit, disclose, collect, or store personal information about others; and not to test the vulnerability of our network and/or security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through the Website and Services, you agree that protection of your own software, personal computer, and other devices from malicious software is your responsibility.
You expressly acknowledge and agree that engaging in any of the above prohibited activities constitutes an unauthorized use of the Website and/or Services, and content thereon, and is a material breach of these Terms, which may result in sanctions, ranging from suspension or termination of your access to the Website and/or Services to criminal and/or civil liability. Other violations of these Terms may also result in such sanctions and liability.
6. User Submissions. Any communication you send through the Website or to DoveLewis in any other manner is non-confidential in nature unless otherwise expressly stated by DoveLewis on the web page on which such communication is submitted. You agree, warrant, and represent that and any and all disclosures, comments, suggestions, ideas, and other submissions (“Submissions”) submitted by you through the Website (i) are exclusively owned or controlled by you, at the time of your submission; (ii) are accurate and do not violate the rights of, or cause injury to, any third party, including without limitation any third-party copyright, trademark right, right of privacy, right of publicity or other personal or proprietary rights; (iii) are not illegal, obscene, defamatory or threatening; and (iv) do not contain viruses. You must not use any false email address or other contact information, impersonate any person or entity, or otherwise mislead as to the origin of your Submissions.
DoveLewis is free to use any Submissions it receives from you, or the entity you represent, irrespective of any other obligation or limitation between you and DoveLewis governing such Submissions. You hereby assign to DoveLewis on your behalf, and on behalf of the entity you represent and its employees, and contractors, all rights, titles, and interests in and to any Submission, and DoveLewis is free to use, without any attribution or compensation to you, or the entity you represent, or any other party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such Submissions, for any purpose whatsoever, although DoveLewis is not required to use any Submission.
7. Trademarks and Copyrights. DoveLewis and atdove.org are registered and unregistered trademarks of DoveLewis in the United States and other countries. Other trademarks displayed on the Website or Services are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation by DoveLewis of those vendors. All content contained on this Website and the Services, including but not limited to videos, video content, text, graphics, forms, logos, button icons, images, as well as the selection and arrangement thereof, and the overall “look and feel,” color combinations, other graphical elements of the Website and Services, and software, is the property of DoveLewis, its affiliates, or their collective suppliers, and is protected by United States and international copyright laws. The compilation of all content on this Website and the Services, and all videos available in the Services, are the exclusive property of DoveLewis and protected by United States and international copyright laws. Except as expressly stated in these Terms, you receive no rights to any proprietary information or intellectual property of DoveLewis, its affiliates, or its suppliers by your use of the Website or the Services.
8. Notification of Claimed Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, DoveLewis designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
By Mail: 1945 NW Pettygrove
Portland, OR 97209
By Phone: 503-228-7281
By Email: firstname.lastname@example.org
9. Indemnification. In addition to the Subscriber indemnification obligations set forth in the Subscription Agreement, by using the Website or Services you agree to indemnify, defend and hold harmless DoveLewis and its affiliates, licensors, service providers, subcontractors, and suppliers, and each of their respective officers, directors, members, shareholders, employees, representatives, and agents (collectively, the “Indemnitees”) from and against any and all suits, losses, claims, demands, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, court costs and expenses, arising or resulting from (i) your misuse of the Website, the Services, their content, and/or any other materials they contain; (ii) your violation of these Terms or breach of, or the falsity of, any of your representations or warranties or covenants in these Terms; (iii) your negligent or willful misconduct; (iv) the Submissions that you submit through the Website; or (v) your violation of any applicable law, statute, ordinance, regulation, or any third party’s rights, including but not limited to, copyright infringement, trade secret misappropriation, infringement of third party’s trademark or other intellectual property rights, violation of any third party privacy right or right of publicity, or any claim of defamation, libel or slander. This obligation survives the termination of this Agreement and continues even after you stop using the Website and Services.
If you cause a technical disruption of the Website or Services or the systems transmitting the Website or Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
DoveLewis reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with DoveLewis in the defense of such matter.
10. DISCLAIMER OF WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE, AND ANY USE BY THE ENTITY YOU REPRESENT, OF THE WEBSITE AND SERVICES AND THE CONTENT THEREIN IS AT THE SOLE RISK OF YOU AND THE ENTITY YOU REPRESENT. DOVELEWIS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR SERVICES OR CONTENT THEREIN WILL MEET YOUR NEEDS, OR THE NEEDS OF THE ENTITY YOU REPRESENT. DOVELEWIS DOES NOT REPRESENT OR WARRANT THAT YOUR USE, AND ANY USE BY THE ENTITY YOU REPRESENT, OF ANY TECHNIQUES DEMONSTRATED ON THE WEBSITE OR SERVICES WILL BE SUCCESSFUL. DOVELEWIS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE ACCURACY, SAFETY, TIMELINESS, SUFFICIENCY, FITNESS, AND/OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE SUBSCRIPTION AGREEMENT, OR OTHERWISE, DOVELEWIS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND SERVICES AND CONTENT THEREIN, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. DOVELEWIS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR SERVICES WILL BE FREE OF MALICIOUS OR HARMFUL CODE, OR THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT INFORMATION INPUT INTO THE WEBSITE OR SERVICES WILL NOT BE LOST OR DESTROYED.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so, solely to the extent you are subject to such jurisdiction, the above disclaimer may not apply to you.
11. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE SET FORTH IN THE SUBSCRIPTION AGREEMENT, YOU, ALONG WITH THE ENTITY YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT DOVELEWIS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS FOR ANY LOSS OF USE, LOSS OF DATA, DAMAGE OR DESTRUCTION OF EQUIPMENT, INTERRUPTION OF BUSINESS, LOST PROFITS, OR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, LIQUIDATED, CONSEQUENTIAL, OR ENHANCED DAMAGES OF ANY KIND, RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, AND/OR THE INFORMATION CONTAINED THEREON, REGARDLESS OF THE FORM OF ACTION, AND WHETHER SUCH DAMAGE WAS FORESEEABLE, AND/OR REGARDLESS WHETHER DOVELEWIS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. EXCEPT AS OTHERWISE SET FORTH IN THE SUBSCRIPTION AGREEMENT, DOVELEWIS’ AGGREGATE LIABILITY TO YOU, OR THE ENTITY YOU REPRESENT, FOR ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR SERVICES, OR THE INFORMATION CONTAINED THEREON, IS LIMITED TO $100.00. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Audit Rights and Enforcement. DoveLewis has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your use of the Website or Services to determine your compliance with these Terms. DoveLewis has the right to enforce these Terms, for any reason and in any manner or by any means that DoveLewis, in its sole discretion, deems necessary or appropriate. DoveLewis may cooperate with any legal process relating to your use of the Website or Services. DoveLewis may, in its sole discretion, start, stop, or modify any regulation or enforcement measures at any time. DoveLewis’ action or inaction to regulate content or conduct or to enforce any potential or actual violation of these Terms by any user does not waive DoveLewis’ right to implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential or actual violation of these Terms.
13. Termination. Except as otherwise may be provided in the Subscription Agreement, DoveLewis may, in its sole discretion, terminate your account, and remove and discard any of your content at any time, without notice, for any reason. We will not be liable to you or any third party for any termination of your access to the Website or Services.
14. Services Refund Policy. The Website is free to access and use. The following applies to your subscription to, and/or use of, the Services offered through the Website. The Services offered through atdove.org are educational resources designed for use as training tools for veterinary professionals. Since we provide a wide variety of samples of Services, we do not offer refunds on premium subscriptions unless you terminate your subscription within forty-eight (48) hours after you sign up for your subscription, except as otherwise provided under the terms of the Subscription Agreement. Please note that cancellation of any Services subscription is effective immediately, but without refund, except as set forth in this paragraph.
In addition to the policy above and any applicable terms in the Subscription Agreement, you acknowledge and agree that all sales of RACE-approved continuing education lectures and teaching kits through the Website or Services are final. Please note that we do not bear any responsibility, and, therefore, we do not satisfy any refund/return/exchange requests for these lectures or teaching kits based on incompatibility of our products with third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc.). At times our Website may list specific third-party software as being compatible with a product on the product preview page. However, due to the frequency with which technologies change, we do not guarantee that our product offerings are fully compatible with any third-party programs, and we do not provide support for third-party applications. You may contact our Technical Support Team if you are experiencing technical difficulties with one of our Services, but we cannot and do not guarantee that we will be able to resolve any technical difficulties you may experience.
15. Choice of Law; Venue. These Terms and all matters arising out of or relating to these Terms are governed by the laws of the state of Oregon, U.S.A., without giving effect to any conflict of laws provisions that would result in the application of the laws of a different jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms must be brought in the federal or state courts located in Multnomah County, Oregon, and you hereby irrevocably submit to the exclusive jurisdiction and venue of such courts for any legal suit, action, or proceeding arising out of or related to these Terms.
16. Interpretation. The headings in these Terms are for ease of reference only and shall not be used to interpret these Terms. These Terms are intended to be construed without regard to any presumption or rule requiring construction or interpretation against the drafter.
17. Entire Agreement. The Terms, including and together with the Subscription Agreement where applicable, constitute the entire agreement between you and us governing your use of the Website and Services. In the case of inconsistencies between these Terms and the Subscription Agreement, the Subscription Agreement will control. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will control.
18. Waiver. Our failure to exercise or enforce any provision(s) of these Terms will not constitute a waiver of such provision(s) on that or any other occasion or of any other provision.
19. Notice. When you use the Website or Services, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. DoveLewis may provide notices to you by sending them to the email address you provide to us through the Website or Services. Any notice sent to you by email will be deemed received when sent. We may also communicate with you by posting notices on the Website or Services, and any such notice shall be deemed received when you visit the Website or use the Services after we post such a notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice that you send to DoveLewis must be sent by mail to the following address or to such other address as we provide in a notice to you or on the Website: DoveLewis Emergency Animal Hospital, 1945 NW Pettygrove, Portland, OR 97209 USA.
21. Severability. If any provision of the Terms is declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such provision will be deemed stricken, and the Terms will be reformed to replace that provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of the Terms shall have the same force and effect as if such provision had never been included.
22. Attorney Fees. In the event that any action, suit, or legal proceeding is initiated or brought to enforce any or all of the provisions of these Terms, the prevailing party shall be entitled to such attorneys’ fees, costs, and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys’ fees, costs, and disbursements as are deemed reasonable and proper by the appellate court(s).
23. Assignability. You understand and agree that you may not assign any rights or delegate any obligations under these Terms or the Subscription Agreement without the prior written consent of DoveLewis. Any purported assignment or delegation in violation of this provision is null and void. DoveLewis may assign these Terms at its discretion, provided that the assignee agrees to comply with these Terms. These Terms, and the Subscription Agreement where applicable, are binding upon and inure to the benefit of you and the entity you represent, and DoveLewis, and each of their respective permitted successors and assigns.