Terms & Conditions  

Welcome

Welcome to our web site (the "Site")! Through this Site, we, Medical Management International, Inc., dba Banfield Pet Hospital ("Banfield"), offer an online information and communications service that we hope you will find helpful, entertaining and informative. There are a few rules of the (cyber) road that our visitors must follow when using our Site, so we ask all our visitors to read these General Terms and Conditions (“Agreement”) carefully.

Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since use of this Site constitutes your acceptance of, and agreement with, the terms and conditions set out in this Agreement.

We do not intend to make changes to our terms and conditions very often but reserve the right to do so. However, it is always a good idea to double check when you visit our Site to ensure that you have read and agree with our most current terms and conditions. Any change in our terms and conditions will be prospective only. We generally do not make any changes to our terms and conditions that have a retroactive effect unless legally required to do so. Your continued use of this Site after that time will constitute your acceptance of any new or amended terms. The date these Terms were last modified is set forth at the beginning of these Terms.

Intellectual Property Ownership; Copyrights, Patents and Trademarks

All copyrights, patents and trademarks, as well as other intellectual property rights that may exist in the artwork, graphics, text, video and audio clips, trademarks, logos, HTML code, icons, photographs and other content available on this Site (“Content”) are owned by Banfield or are used with permission.

Although you can copy any part of this Site to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Site into any other work, including your own web site, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our Site unless you have a license from us to do so. That also means that Banfield retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.

You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. If you want to link to the home page of our Site, that's OK, but please don't use our Content in your own site. You may not deep link (i.e., link to any page other than the home page) to our Site without our specific written permission.

Submissions

We will respect your rights regarding the protection of personal data, subject to the following terms, conditions and limitations:

Discussion Groups and Social Networking Services. "Forum" means a blog, discussion group, chat area, social networking service or any other bulletin board or email function provided by the Site in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Agreement.

Member Profiles. Unless you choose to make your profile available to both members and visitors to a Forum, your profile will be displayed only to other members of that Forum. Do not give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.

Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or choose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.

Transmissions. You will own all messages, material, information and ideas you transmit to or post on the Site (each, a "Transmission"), including without limitation on any Forum; however, you expressly grant (or warrant that the owner of the rights to the Transmissions has expressly granted) to Banfield a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now known or developed in the future, and Banfield may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services, and you warrant that all "moral rights" in those Transmissions have been waived. Banfield will treat Transmissions as non-confidential and non-proprietary; however, Banfield will handle all personal data provided to Banfield in the manner provided in Banfield's Privacy Policy, located at Privacy Policy. By sending any Transmission to the Site, you agree that: the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility, company, organization, or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; or (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law.

Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. Banfield does not represent or warrant the reliability, accuracy or truthfulness of that content. Although Banfield is not obligated to do so, it may monitor Transmissions posted on the Forums. Because Banfield does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to Banfield at Internet.Inquiries@Banfield.net.

Use Restrictions

You may not engage in any activities through the Site which are unlawful, offensive, abusive, which violate the rights of third parties, or which inhibit other users from using and enjoying this Site. You may not monitor or copy Content on the Site, by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the Site. You agree to indemnify, defend and hold harmless Banfield and its subsidiaries, affiliates, officers and employees from any damages, liabilities and expenses (including reasonable attorneys' fees) arising from any third party claims resulting from, or arising out of, your use of the Site. We reserve the right to terminate your access to the Site at any time, without notice, for any reason whatsoever.

You may not use the Site: (i) for any commercial purpose, including without limitation advertisements; (ii) to solicit funds, goods or services; (iii) to solicit other visitors to the Site to join or become a member of any commercial online club, service or other organization; (iv) to post chain letters or pyramid schemes; or (v) to post a link to any website that contains or does any of the prohibited actions described in this Agreement.

If Banfield sends you communications regarding your violations of this Agreement, you agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications Banfield sends you concerning your participation in any Forum or any related matters or otherwise disparaging Banfield, its services, products or business practices.

You agree not to violate or attempt to violate the security of the Site, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to a Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

Pet Health Records and Other Information Provided by Banfield.

If you have chosen to access your pet's health records or other information via the Site, you consent to receiving certain electronic pet health care records, including but not limited to vaccination records, which may be provided via a web browser or email application connected to the Internet. The information contained on the Site has been collected and/or prepared by Banfield as a service to its visitors. While Banfield has used reasonable efforts to verify that the information on the Site is useful to its visitors, Banfield does not warrant or guaranty its accuracy or timeliness. If you chose to order pet medications via the Site you are waiving the confidentiality of those order records, if otherwise applicable, as to the chain of third persons necessary to fill those prescriptions. The Site does not sell products for purchase by children. If you are under 18, you may use the Site to purchase products only with the involvement of a parent or guardian.

No Endorsements

Although this Site may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You need to make your own decisions regarding third party products, services and web sites.

Disclaimer of Professional Advice.

The Content provided on the Site is for informational purposes only. None of the content on the Site is intended to constitute medical advice, veterinary advice, or any other advice of a professional nature. The content on the Site should not be used as a substitute for professional advice. Nothing on the Site is intended to be used for medical diagnosis, treatment or any other medical service and should not be relied upon to guide or influence the medical therapy of any pet. Please be advised that nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional. You should always consult your own doctor, health care professional, or other applicable professional for advice before making important personal decisions. Your reliance on the content of the Site is solely at your own risk.

Medical Emergencies

For any medical emergency, immediately contact your own doctor, health care professional, veterinarian, or other applicable professional for advice. While we strive to answer most questions within one business day, due to nature of the volume of requests we receive, we make no guarantee of the time it will take to answer your question.The [experts] cannot answer every question they receive or diagnose specific health conditions over the internet. Delays may occur due to an incorrect email addresses on your end or our messages to you being filtered by spam filters.

Privacy Policy

Please ensure that you read our Privacy Policy, located at Privacy Policy in order to learn about what personal information we collect at this Site, how we handle it and for what purposes we use it.

USE OF THIS SITE: LIMITATION OF LIABILITY AND DISCLAIMER

NEITHER BANFIELD NOR ANY OF ITS AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS INCLUDES, BUT IS NOT LIMITED TO:

  • DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;
  • DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED). THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION ON THIS WEB SITE. THERE IS NO WARRANTY THAT THIS WEB SITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

YOU AGREE THAT MARS AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.

Copyright Agent

It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. You should send any claims or notices of infringement relating to the Site or any of its Content to Banfield's designated DMCA agent:

Copyright Agent
c/o Tonkon Torp LLP
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, Oregon 97204
Attention: Christopher Erickson
Telephone: (503) 802-2177
Fax: (503) 972-3877
Email: chrise@tonkon.com

Please do not send any other correspondence or inquiries to our DMCA agent; he will only respond to DMCA notices and inquiries.

Other

If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. Banfield enters into this Agreement on its own behalf and on behalf of each of its affiliates. Accordingly, Banfield holds the benefit of and may enforce this Agreement on behalf of those affiliates. Banfield reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.

Notices, Questions, Communications.

If you wish to contact Banfield, please direct all inquiries (except for claims of copyright infringement) to Internet.Inquiries@Banfield.net or telephone Banfield's Client Advocate Team at 1-800-838-6738.

Copyright 2010 © Medical Management International, Inc. All rights reserved.