Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

This is the official Terms of Use Agreement ("Terms of Use") for the VetCompanion® website and VetCompanion database (collectively, the “VetCompanion Site” or “Site”), which are Internet websites provided by VetCompanion®, LLC (“VetCompanion”).

YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS SITE, REGISTERING FOR THIS SITE, OR BY ACCEPTING OR DOWNLOADING ANY INFORMATION OR CONTENT FROM THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE. These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device").

VetCompanion disclaims any liability for the accuracy, completeness, or functionality of any material contained therein, referred to or linked to, or for any damages arising out of the use or non-use of any materials or other information contained therein, referred to, or linked to. VetCompanion reserves the right to change these terms at any time, and the user is responsible for revisiting this page to determine current terms and conditions.

Use of Content

The contents of the VetCompanion® Site, such as text, graphics, images, information obtained from VetCompanion and its licensors, and other material contained on the VetCompanion® Site, including Non-VetCompanion Content (collectively, the "Content") are for informational purposes only.

The Content is not written for laypersons and is only meant for those persons with adequate veterinary medical education and skills. The VetCompanion Site is clinically-oriented and is intended to be used only by licensees who are 1) veterinarians and other competent veterinary medicine professionals who will rely on their own discretion and judgment in veterinary diagnosis, clinical decisions and treatment. The Content is not intended for and should not be used as a substitute for the advice of a veterinarian or other veterinary medicine professional.

The VetCompanion Site is intended to serve as a rapidly accessible, initial clinical reference resource and not as a complete reference resource. It does not include information concerning every therapeutic agent, laboratory or diagnostic test or procedure available. The Content is being provided on an "as is" basis, including errors and omissions that have not yet been identified. The Content is updated periodically and on an incremental basis, based on literature surveillance and feedback from users. Patient management decisions should be made by competent veterinary professionals using their own judgment and experience and, when necessary, definitive sources of information.

Veterinary medicine professionals are advised to check the product information sheet included in the package of each drug they plan to administer, as drug information available on the VetCompanion Site is often incomplete, and changes in dosages, contraindications, and drug interactions occur rapidly.

Users should consult an appropriate drug information database as needed to verify conditions of use and to identify any changes in drug dosage, schedule, or contraindications.

Use of the VetCompanion Site requires agreement to these terms and conditions, holding VetCompanion and any contributors of information to the VetCompanion Site harmless for any damages arising out of use of or inability to use the VetCompanion Site or Content available thereon.

VetCompanion Copyright

The VetCompanion Site is protected by copyright and is the property of VetCompanion. Subscribers are granted a limited license to use the Site. No part of the VetCompanion Site (e.g., the Content, the form of presentation or database design) may be reproduced (e.g., on other websites, in other products, or downloaded in bulk) or sold in any form, or by any means, without written permission from the copyright owner. No portion of this Site shall be used in any form of commercial exploitation, including, but not limited to, commercial, print, electronic or broadcasting media, and no subscriber or user shall publish as its own any material contained in the VetCompanion Site.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with VetCompanion, LLC or its licensors. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without VetCompanion's prior written permission, except that you may print and distribute in non-electronic formats a limited number of copies of content for personal or nonprofit educational use provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database, compilation, or publication.

Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change without notice at the editorial discretion of VetCompanion. All rights not expressly granted herein are reserved to VetCompanion and its licensors. Any special rules for the use of certain software and other items accessible on the VetCompanion Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities.

If you violate any of these Terms of Use, your permission to access or use the Site and any Content available thereon automatically and immediately terminates.

For licensing requests, please contact: contact@vetcompanion.com.

If you believe that your copyrighted material has been improperly used on this Site, please contact our Copyright Agent as discussed below.

Linking Policy

VetCompanion welcomes links to its home page. You may establish a link to the VetCompanion Site, provided that the link does not state or imply any sponsorship or endorsement of your web site or its contents by VetCompanion or by any group or individual related to or affiliated with VetCompanion. Links should be text only and should not use the VetCompanion logo.

Citing to Content on the VetCompanion Site

VetCompanion clinical monographs may be cited as per the following example:

Atopic dermatitis. In VetCompanion [database online]. VetCompanion, LLC. Updated January 1, 2015. Accessed January 2, 2015.

Trademarks

All trademarks and trade dress on the Site are either trademarks or registered trademarks of VetCompanion or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of VetCompanion or their respective owners.

Software

Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site or in these Terms of Use. VetCompanion retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

User Content

Unless otherwise agreed in writing between you and VetCompanion prior to your submission, any material, information or other communication, including without limitation media, text, audio and video recordings, photos, graphics, commentary or any other content, you submit or post on or through the Site ("Communications") will be considered non-confidential and non-proprietary.

By submitting any communications to the Site, you hereby grant —or warrant that the owner of such content has expressly granted— VetCompanion a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, sublicense, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. VetCompanion will have no obligations with respect to the Communications.

You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws.

In connection with Communications, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize VetCompanion to use, all patent, trademark, copyright, or other proprietary rights in and to any and all Communications to enable inclusion and use of Communications in the manner contemplated by VetCompanion and the terms of these Terms of Use, and to grant the rights and license set forth in of these Terms of Use, and (ii) your Communications, VetCompanion's use of such Communications pursuant to the terms of this Agreement, and VetCompanion's exercise of the license rights set forth in this Agreement, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.

Additionally, the Site may now or in the future permit other users of the Site to post or link media, text, audio and video recordings, photos, graphics, commentary or any other content ("User Content," and together with Communications, "Non-VetCompanion Content"), and to host and/or share such User Content. VetCompanion does not control the Non-VetCompanion Content posted by you or other users of the Site or otherwise made available by other persons and does not have any obligation to monitor such Non-VetCompanion Content for any purpose. You agree that you must evaluate, and bear all risks associated with the use of any Non-VetCompanion Content, including any reliance on the accuracy, completeness, usefulness, or legality of such Non-VetCompanion Content. VetCompanion makes no representations that Non-VetCompanion Content will remain available via the Site in any way and may remove Non-VetCompanion Content in its sole discretion. YOU UNDERSTAND THAT ANY INFORMATION AND/OR COMMUNICATION THAT YOU POST FOR VIEWING ON THE SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SITE, AND VETCOMPANION DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH INFORMATION AND/OR COMMUNICATION.

Subscriber Accounts

If you create a subscriber account for the VetCompanion Site, you agree to complete the registration process by providing current, complete, and accurate information as required by VetCompanion. You are responsible for all activities that occur under your account. You agree to notify VetCompanion immediately of any unauthorized use of your account or any other actual or suspected breach of security. VetCompanion will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by VetCompanion or another party due to someone else using your account. You may not use anyone else's account at any time.

No Unlawful Use

You agree not to use the VetCompanion Site for any purpose that is unlawful or prohibited by these terms, or the terms of a subscriber agreement you have with VetCompanion, if applicable. You may not use the VetCompanion Site in any manner that could damage, disable, overburden, or impair any VetCompanion® server, or the network(s) connected to any VetCompanion server, or interfere with any other party's use and enjoyment of the VetCompanion Site. You may not attempt to gain unauthorized access to any portion of the VetCompanion Site, other accounts, computer systems, or networks connected to any VetCompanion Site, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the VetCompanion Site.

Links to Other Materials

VetCompanion users of the VetCompanion Site or third parties may provide links on the Site to other sites including the content therein. The linked sites are not necessarily under the control of VetCompanion and VetCompanion is not responsible for nor does it make any certification, claim or representation regarding, and VetCompanion expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of linked sites or content linked to by the Site. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. VetCompanion reserves the right to terminate any link or linking program at any time.

No Warranties

The use of the VetCompanion Site and the Content is at your own risk. The VetCompanion Site provides a means of accessing veterinary information, and is not the direct provider of this information, and does not claim to verify all included information.

When using the VetCompanion Site, information will be transmitted over a medium which is beyond the control and jurisdiction of VetCompanion. Accordingly, VetCompanion assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VetCompanion Site.

The VetCompanion Site and the Content are provided on an "as is" basis, including errors and omissions that have not yet been identified.

VETCOMPANION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. VETCOMPANION SHALL NOT IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION IT CONTAINS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Specifically, VetCompanion, its licensors, and its suppliers make no representations or warranties about the following:

  • The accuracy, reliability, completeness, or timeliness of the content, software, text, codes related to billing, graphics, links, or communications provided on or through the use of the VetCompanion Site.
  • The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on the VetCompanion Site.

In addition, please note that the VetCompanion Site may include technical inaccuracies or typographical errors. VetCompanion has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the VetCompanion Site, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the VetCompanion Site or any Content available thereon. VetCompanion has no obligation to provide you with notice of any such changes, and VetCompanion is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the VetCompanion Site, except as provided by your subscriber agreement with VetCompanion, if applicable.

Limitations of Liability

IN NO EVENT WILL VETCOMPANION, ITS LICENSORS, ITS SUPPLIERS OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE VETCOMPANION SITE OR THESE TERMS OF USE (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE VETCOMPANION SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RELEASED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Released Parties are not liable for any personal injury, including death, caused by your use or misuse of the VetCompanion Site and/or any Content available thereon. The Released Parties shall not be held accountable for any adverse outcomes due to veterinary medical management decisions based on information found within or information not found within the VetCompanion Site.

The Released Parties shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Any claims arising in connection with your use of the VetCompanion Site and/or any Content available thereon must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Indemnity

You agree to defend, indemnify, and hold VetCompanion, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with VetCompanion, or in any way relating to your use of the VetCompanion Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving VetCompanion or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers or in any way relating to your use of the VetCompanion Site.

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect.

Copyright Notice and Takedown Procedures

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting VetCompanion's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

VetCompanion's agent for copyright issues relating to this web site is as follows:

Matthew P. Mauer
mmauer@vetcompanion.com

In an effort to protect the rights of copyright owners, VetCompanion maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

General

Neither VetCompanion nor its licensors will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or failures of the Internet.

These Terms of Use and the license granted herein may not be assigned by you to any third party without written consent of VetCompanion.

If you and/or VetCompanion use purchase orders in conjunction with this Agreement, then you and/or VetCompanion agree that the following statement is hereby automatically made part of such purchase orders: "The terms and conditions set forth in the VetCompanion, LLC Terms of Use are made part of this purchase order and are in lieu of all terms and conditions, express or implied, in this purchase order, including any renewals hereof."

This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, written and/or oral. There are no representations, warranties, promises, covenants or undertakings, except as described here.