Website Terms of Use

Welcome to the website (the “Site”) of Ethos Veterinary Health d/b/a VetBloom (“VetBloom”, “we”, or “us”). This Terms of Use page describes the terms upon which you may access and use our Site. In consideration of your use of the Site, you agree to VetBloom’s Privacy Policy and the following Terms of Use. All information we collect on this Site is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please read the Terms of Use carefully, as they constitute a legal agreement between you and VetBloom. Additionally, by visiting our Site, you affirm that you have read and accept all of the following Terms of Use.

The owner of the Site is based in the Commonwealth of Massachusetts in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law/Jurisdiction/Waiver of Jury Trial will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Ownership of Copyrights, Trademarks and Other Intellectual Property.You acknowledge that VetBloom owns the copyright and all other intellectual property rights to this Site and all content, materials and information provided on this Site unless otherwise expressly indicated. All content on this Site is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by VetBloom, and you agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with our prior written permission, or as permitted by us in a separate written agreement. Any unauthorized use is strictly prohibited.

VetBloom’s name and logo are service marks of VetBloom. References on our Site to any specific organization or its products and services by name or otherwise do not constitute or imply endorsement, recommendation, or favoring by VetBloom and you may choose to use products or services other than those referenced by VetBloom.

3. Rules for all Users. When accessing or using this Site or posting comments to our discussion boards or other online forums you agree to the following rules/restrictions and acknowledge that a violation of any of them constitutes grounds for immediate termination of your access to our discussion boards or other online forums without further notice, in our sole discretion:

 

1. You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
2. You will not use the Site in any manner that may be considered objectionable, such as by using the Site to upload, post, display, or otherwise transmit any content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, criminal or invasive of another’s privacy.
3. You will not violate or attempt to violate the security of the Site, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
4. You will not launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or other mechanisms, that monitor or copy any of the material on the Site or access the Site in a manner that sends more request messages to our servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser, or that overburdens, impairs or damages the Site.
5. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and will not use the Site for unlawful purposes.
6. You will not post, upload, email, link to, or otherwise transmit any content that contains any viruses, cancel bots, worms, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Site or impair others’ ability to enjoy the Site, or the proper functioning of any software or hardware or equipment or materials used in connection with the Site.
7. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
8. You will not give your password to anyone, use the Site as the agent of a third party, or allow any third party to use your account. If any security breach or unauthorized use of your account occurs, you will notify VetBloom immediately in writing or via email. You are solely responsible for maintaining the confidentiality of your username and password and are responsible for any unauthorized use.
9. You will not use the Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

4. Submissions. By submitting any content or other information to the Site for publication on the Site or elsewhere by VetBloom, you also agree to the following terms. You shall be solely responsible for your submission of content to the Site and the consequences of posting or publishing it. VetBloom reserves the right to remove or edit content posted on the Site, but is not obligated to do so. You understand that whether or not such content is published, VetBloom does not guarantee any confidentiality with respect to any submissions. In connection with any and all content that you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize VetBloom to use and allow others to use such content in the manner contemplated by these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the content to use his/her name or likeness to enable inclusion on the Site. While you retain all of your ownership rights in the content that you submit, by submitting such content to the Site, you hereby grant VetBloom a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display, and perform the content that you submit, in connection with the Site and VetBloom’s mission, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access and view content submitted by you as permitted through the functionality of the Site and under these Terms of Use.

5. Privacy. Please see our Privacy Policy for further details concerning our website privacy practices.

6. Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7. No Effect on Agreements. The information provided on the Site is for general informational purposes only, and nothing on our Site shall be construed to add or modify terms to any existing or future agreements with VetBloom.

8. Other Websites. We may provide links to other websites and resources at certain places on our Site. For instance, we may provide links to social media websites and direct visitors to a third-party site for purchases and credit card payment processing. We do not endorse, approve, certify or control websites that are not programs of VetBloom. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.

9. Disclaimer of Warranty. While we make every reasonable effort to present accurate and reliable information on our Site, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. In addition, we have no duty to update the information contained on our Site, and we are not liable to you for outdated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site, or any part thereof, with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services. All products and services on our Site are subject to availability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SECURE OR ERROR FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, INFOMRATIONAL CONTENT, SYSTEM INTEGRATION, AND FITNESS FOR PARTICULAR USE OR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification. You agree to indemnify and hold harmless VetBloom, its officers, directors, agents and employees from any claims, losses, liability costs and expenses (including, but not limited to attorneys’ fees) arising from your violation of these Terms of Use, state or federal laws or regulations or any third party rights, including, but not limited to, claims of copyright infringement, defamation, harassment, invasion of privacy, fraud or those arising from performance of your veterinary duties in reliance on the lessons, modules and other content made available on the Site.

11. Term & Termination. These Terms are effective upon your accessing the Site and shall continue in full force until terminated. In its sole discretion and without notice, and at any time and for any reason, VetBloom reserves the right to: (a) cancel your user account; (b) suspend your access to any restricted portion of the Site; and/or (c) remove or disable your access to any restricted portion of the Site. Upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Site.

12. Governing Law/Jurisdiction/Waiver of Jury Trial. Any dispute with respect to our Site shall be governed by the laws of the State of Delaware, excluding its conflicts of laws rules. Except as set forth below with respect to arbitration, all visitors to our Site submit to the exclusive jurisdiction of the state and/or federal courts of the Commonwealth of Massachusetts. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and VetBloom may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights. ALL PARTIES HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING FROM THE USE OF THE SITE.

Disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be settled by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law, except that claims for equitable relief shall exclusively be resolved in a state or federal court within the Commonwealth of Massachusetts.

13. Notices. In our discretion, we may provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices generally on our Site.

14. Digital Millennium Copyright Act Notice. If you believe that your work has been made available by means of this Site in a manner that constitutes copyright infringement, please immediately notify VetBloom’s copyright agent, designated below, by means of a notice that includes the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of the copyrighted work that you allege has been infringed; (c) a description of the allegedly infringing material that is to be removed or disabled and the location of such material on the website; (d) your contact information, including your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner whose exclusive right allegedly is infringed.

To file a counter notification with us, please provide the following information to VetBloom’s copyright agent, designated below: (a) a description of the material that VetBloom has removed or to which VetBloom has disabled access; (b) your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and (d) your electronic or physical signature.

Notices of infringement and counter notifications should be sent to Patrick Welch, Copyright Agent for VetBloom:

(a) by mail, to, 300 Apollo Drive, Suite 203, Chelmsford, MA 01824;
(b) by email, to contact@vetbloom.com.

15. Entire Agreement. The Terms of Use, along with our Subscription Services Agreement (if you are a party to such an agreement) and our Privacy Policy, constitute the sole and entire agreement between you and VetBloom with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

16. Miscellaneous. You will not assign or sublicense these Terms of Use or any of your rights and obligations hereunder, without the express written consent of VetBloom, which may be withheld in its sole discretion. Subject to the foregoing, these Terms of Use will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms of Use will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms of Use will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms of Use, along with our Subscription Services Agreement and our Privacy Policy, constitute the sole and entire agreement between you and VetBloom regarding the use of the Site.