The following User Agreement ("Agreement") governs the use of the Pet Disease Alerts ("Website"), including without limitation participation in its Community forums (e.g. blogs and stories), Activity Pages, and all other areas (except to the extent stated otherwise on a specific page) as provided by Pet Disease Alerts. ("Service Provider," "we," or "our").
Please read the terms contained in this Agreement carefully. You can access this Agreement any time at https://www.petdiseasealerts.org. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. If you do not agree with these terms, please do not use the Website.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these terms, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to the Service Provider other remedies.
I. REGISTRATION AND ACCOUNT CREATION FOR MONTHLY DISEASE ALERTS
1. REGISTRATION INFORMATION
1.1 Your monthly Disease Alerts subscription will continue and automatically renew until terminated. To use the monthly Disease Alerts subscription, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2 SMS and e-mail alert enrollment. By registering an account on the website and opting in with your phone number or e-mail address, you agree to receive text messages (SMS and MMS) and/or e-mails via an autodialed mobile service or third-party e-mail service. Message and data rates may apply for text opt-in.
2. PAYMENT, BILLING CYCLE AND CANCELLATION
2.1 Payment Methods. To use the monthly Disease Alerts Service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.2 Updating your Payment Methods. You can update your Payment Methods by going to your "Account Settings" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.3 Billing Cycle. The subscription fee for monthly Disease Alerts service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account Settings" page. This fee will be charged annually. Subscription fees are fully earned upon payment. 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. Visit our website and click on the "Account Settings" on your "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
2.4 Cancellation. You can cancel your monthly Disease Alerts subscription at any time, and you will continue to have access to the alerts through the end of your billing period. To cancel, go to the "Account Settings" page in your subscription account on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Account Settings" on the "Account" page.
2.6 No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3. DISEASE ALERTS SERVICE
3.1 Interruptions in Service. Pet Disease Alerts monthly forecasts and monthly disease alerts are supported by data received from third-party entities. This data is delivered monthly and provides the basis for the forecasts and alerts. In the event of a data delay from third-party data providers, every attempt will be made to resume alert service and map updates as quickly as possible. Pet Disease Alerts shall not be responsible for returning any payments or providing any refunds for interruptions of service.
3.2 Termination of Service. Pet Disease Alerts reserves the right to terminate the Disease Alerts Service at any time for any reason. In the event that Pet Disease alerts terminates service for any reason, we shall not be liable for returning any payments for partially used periods. The User agrees that there are absolutely no grounds or legal basis for refund of the annual fee.
4. USE OF USER ID/PASSWORD
4.1 If you register and/or set up a monthly Disease Alerts subscription on Pet Disease Alerts, you will be required to choose a password, User ID, and provide other registration information (“Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website.
4.2 You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
4.3 You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
II. WEBSITE USE TERMS AND CONDITIONS
1. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.
2. The Website contains material that is protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may use the Website for your personal, non-commercial use only, provided you do not modify or misrepresent any such content, and you keep intact all copyright and other proprietary notices. No rights are granted with respect to Pet Disease Alerts trademarks. Any unauthorized use of Pet Disease Alerts trademarks is strictly prohibited.
3. Website use is not intended for users under the age of 13, and the Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
4. You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
5. You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
6. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the "look and feel" of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Pet Disease Alerts. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
7. You may not in any way make commercial or other unauthorized use, by publication, retransmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the U.S. Copyright Law or as expressly permitted in writing by this Service Provider. Please contact Program Administrator at [email protected] with regard to any inquiries about obtaining written consent for publication or distribution of any material on this Website.
8. You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website. You shall be liable for any disruption in service caused by your unauthorized actions that interfere with this Website and/or the Disease Alerts Service.
9. Other than connecting to the Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to the Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
10. You acknowledge that the Service Provider has reviewed and does not endorse the content of all sites linked to from this Website and are not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
11. The nature of this Website is public. By posting content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will NOT be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit may be used by the Service Provider anywhere, anytime, and for any reason whatsoever.
III. COMMENTS BY OTHERS ARE NOT ENDORSED BY THE SERVICE PROVIDER
The Service Provider does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of the Service Provider. You agree that the Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
IV. USE OF MATERIAL SUPPLIED BY YOU
The Service Provider respects the intellectual property of others, and we ask our users to do the same. The Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
You agree to indemnify the Service Provider and its respective affiliates, employees, agents, representatives, sponsors, and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website and the Disease Alerts service, your submissions on the Website, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement.
VII. EDITING AND DELETIONS
The Service Provider(s) reserves the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.
VIII. ADDITIONAL TERMS
The Service Provider reserves the right to post, from time to time, additional terms of usage that apply to specific parts of the Website. Such additional terms will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional terms.
IX. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, AND ITS AFFILIATES, HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. WE ARE NOT LIABLE FOR THE RELIABILITY OR ACCURACY OF ANY THIRD-PARTY SERVICES AFFILIATED WITH OUR SERVICES. THE SERVICE PROVIDER AND ITs AFFILIATES, DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE OR ALERT SERVICE, WILL BE UNINTERRUPTED, TIMELY OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. THE SERVICE PROVIDER AND ITs AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, AND EACH OF ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
X. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE
The Service Provider has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that the Service Provider will not have any liability to you if this Website is discontinued or your ability to access it is terminated.
The Service Provider makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so at your own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of Delaware and the United States.
You agree to binding arbitration in the event that a dispute arises regarding this Agreement that the parties are unable to resolve. The costs of arbitration shall be paid by the non-prevailing party.