Introduction.

To use “VETOLOGY AND VETOLOGY INNOVATIONS and its partners” software and services, Users must agree to this Use and Service Agreement (“Agreement”).  Before reading the sections below, please note the following preliminary terms: 

Entering into this Agreement.

This Agreement is a valid and binding agreement between VETOLOGY AND VETOLOGY INNOVATIONS and its partners and Users, the singular or pleural representative(s) of the veterinary clinic or hospital of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software (“Users”). Users must fully accept the terms and conditions of this Agreement at the time of install and/or use of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software. Users agree that this Agreement covers all Users use of VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, whether it be from this installation or from any other terminals or devices where VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software has been installed by Users or by third parties. Furthermore, by installing and continuing to use the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, Users agree to be bound by the terms of this Agreement and any new versions hereof. If Users don't unconditionally agree to all the terms of this Agreement, they can decline to install or, if installed, uninstall the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software at any time. 

Right to Represent

By entering into this Agreement Users explicitly state, and that Users have verified, that Users unequivocally have or have been given the signing authority to enter into this agreement for Users represented veterinary clinic or veterinary hospital’s use of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software and that use of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software for Users represented veterinary clinic or veterinary hospital is allowed. 

Age / Jurisdiction’s Restriction.

If Users are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and Users are in such a jurisdiction and under such age limit, Users may not enter into this Agreement and download, install or use the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software. By entering into this Agreement Users explicitly state that Users have verified in Users own jurisdiction that Users use of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software is allowed. 

Storage / Transfer of Information.

VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS STORE AND PROCESS THE INFORMATION COLLECTED FROM USERS ON COMPUTERS IN THE UNITED STATES AND OTHER COUNTRIES IN WHICH VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS OR ITS AGENTS HAVE FACILITIES. USERS ACCEPTANCE OF THIS AGREEMENT INCLUDES USERS CONSENT TO TRANSFERS OF SUCH INFORMATION OUTSIDE USERS COUNTRY. 

1. Description.

VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software enables Users to access many of the applications and files located on Users Internet connected personal computer, such as images, documents and spreadsheets (“Users Content”), from a web-enabled mobile telephone or web browser, to share Users Content with other users, and to upload and store Users Content on VETOLOGY AND VETOLOGY INNOVATIONS and its partners's servers. The services provided by VETOLOGY AND VETOLOGY INNOVATIONS and its partners and enabled by the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software are referred to in this Agreement as the VETOLOGY AND VETOLOGY INNOVATIONS and its partners services (“VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services”). Some VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services are provided free of charge, other VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services are provided for a fee. As a condition to Users use of any particular VETOLOGY AND VETOLOGY INNOVATIONS and its partners Service (whether a free or paid service), Users agree to the most recent terms and conditions and other information published on the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Website with respect to those particular VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services. 

2. License.

Subject to the terms of this Agreement, VETOLOGY AND VETOLOGY INNOVATIONS and its partners, hereby grant Users a limited, clinic or hospital staff wide, non-sub licensable, non-transferable, nonexclusive license to download, install and use the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software on the number of computers specified. For avoidance of doubt, Users are permitted to use the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software for work, in accordance with the terms of this Agreement. The VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software may be used only to access VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services, and must be used in accordance with any instructions provided to Users by VETOLOGY AND VETOLOGY INNOVATIONS and its partners. The term “VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software” also includes any documentation (whether included in the download or accessible online), and any Updates provided by VETOLOGY AND VETOLOGY INNOVATIONS and its partners pursuant to Section 6, below. 

In consideration for your agreement to the terms and conditions contained here, VETOLOGY AND VETOLOGY INNOVATIONS grants you permission to view and use the Vetology.ai dataset for personal, non-commercial research. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. By viewing, screenshoting, downloading, encouraging another person to download or transmitting keywords and/or urls for any portion of the the Vetology.ai dataset whether through a Vetology.ai url or through another provider, such as Google, you agree to grant VETOLOGY AND VETOLOGY INNOVATIONS unrestricted and unencumbered access to all of your radiographic image data, radiographic reports, all data used to build any potential or currently commercialized product, as well as complete and current information of all parties involved in any portion of building the product; if there is any potential the product could incorporate Vetology.ai data directly, incorporate any portion of Vetology.ai data, used in creation or testing of a database or used in creation or testing of an artifical intelligence classifier. If you or your company are interested in obtaining a commercial non-transferrable, revokable and time limited license for Vetology.ai data use you must contact VETOLOGY AND VETOLOGY INNVOATIONS directly. License terms are variable but the minimum cost for a commercial use license is $7500 per case. A case is defined as a single set of radiographic images from a single date of study and an accompanying keyword used to find the case and/or accompanying radiologist report for a single case. VETOLOGY AND VETOLOGY INNOVATIONS will pursue any unauthorized use of the Vetology.ai dataset to the fullest extent permitted by law and will request the overseeing court to calculate copyright fees due to VETOLOGY AND VETOLOGY INNOVATIONS based on the number of cases used without authorization and Vetology.ai's commercial use license cost per case; in addition to all income obtained from unauthorized case use, court imposed monetary damages and interest on monies owed to VETOLOGY AND VETOLOGY INNOVATIONS. In other words, DON'T STEAL OUR DATA. OUR DATA IS PROTECTED BY U.S. COPYRIGHT.     

3. License Restrictions.

VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software is licensed, not sold to Users, and is licensed only for Users clinic or hospital’s use. Users may not sell, assign, rent, lease, distribute, export, act as an intermediary or provider, or otherwise grant rights or account access to third parties with regard to all or any part of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, or the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services. Users may not, and Users may not permit others to, reproduce, modify, reverse-engineer, decompile, disassemble, or attempt to discover the source code, structure or sequence, or otherwise hack, the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, and have no rights to create derivate works from the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software or Intellectual Property. Permission is granted to view and use the Vetology.ai dataset without charge for personal, non-commercial research purpose ONLY. Any comericial use, sale, or other monetization of the dataset or a derivative product created from use of the dataset is strictly prohibited. VETOLOGY AND VETOLOGY INNOVATIONS retains all rights, title, and interest in the datasets and products created from the dataset. You must not remove or alter any copyright or other proprietary notices in the Vetology.ai dataset. In the event that VETOLOGY AND VETOLOGY INNOVATIONS determines that the recipient has violated this Agreement or other impermissible use has been made, VETOLOGY AND VETOLOGY INNOVATIONS may direct that data recipient immediately return all copies of the dataset and retain no copies thereof even if you did not cause the violation or impermissible use.

4. Third Party Software.

Users agree that the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software may be incorporated into, and may include, software and other technology owned and controlled by third parties (“VETOLOGY AND VETOLOGY INNOVATIONS Suppliers”). Any such third party software or technology that is incorporated into the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software will be considered VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software for purposes of this Agreement and so falls within the scope of this Agreement. For all purposes of this Agreement, each Supplier will be expressly deemed an intended third party beneficiary of this Agreement, and will have the right to enforce the terms and conditions of this Agreement as each believes is required or advisable to protect its rights and interests in its software (including associated documentation) and other technology. The term “VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software” also includes any documentation (whether included in the download or accessible online and whether or not provided by Third Party Suppliers), and any revisions to the same. Any other third party software or technology that may be distributed together with the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software will be subject to Users accepting a license agreement with that third party. VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software enables remote access to applications installed on a computer on which VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software is installed. Users should consult the license agreement accompanying the applicable software application or contact the licensor of that product to determine whether use of the product with VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software is permitted without an additional license. 

5. Users Conduct.

As a condition of Users use of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, Users agree that Users will not use the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate any content in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable under applicable laws or community standards; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Users are solely responsible for all Users Content that Users upload, post, email, transmit, or otherwise disseminate using, or in connection with, the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, and Users will be solely responsible for any damage to any party resulting there from. For a complete outline of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Code of Conduct for the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software and Website, please visit http://VETOLOGY AND VETOLOGY INNOVATION.software/partner/support/conduct.html. Users acknowledge and agree that Users Content may be removed from VETOLOGY AND VETOLOGY INNOVATIONS and its partners’ servers pursuant to the “Removal/Deletions” sections of the Code of Conduct at any time, for any reason and without consent of the account holder. 

6. Support and Updates.

VETOLOGY AND VETOLOGY INNOVATIONS and its partners reserve the right to add or remove features or functions to or from the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software or any VETOLOGY AND VETOLOGY INNOVATIONS and its partners Service, or to provide programming fixes, enhancements, updates and upgrades, to the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software (collectively “Updates”). Users agree that VETOLOGY AND VETOLOGY INNOVATIONS and its partners have no obligation to provide Users with Updates, or make available to Users any subsequent versions of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software. Users also agree that Users may have to enter into a renewed version of this Agreement if Users want to download, install or use an Update. Users acknowledge and agree that VETOLOGY AND VETOLOGY INNOVATIONS and its partners, in their sole discretion, may modify, discontinue or suspend Users ability to use any version of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software or any VETOLOGY AND VETOLOGY INNOVATIONS and its partners Service, and/or disable any VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software Users may already have accessed or installed without any notice to Users, for the repair, improvement, and/or upgrade of the underlying technology or for any other reason. 

7. Privacy and Data Protection.

As a condition of downloading or using the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, Users agree to the terms of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Privacy Policy, as expressed in the most recent version that exists at the time of Users use. Users acknowledge and agree that the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Privacy Policy may be updated by VETOLOGY AND VETOLOGY INNOVATIONS and its partners from time to time. The VETOLOGY AND VETOLOGY INNOVATIONS and its partners Privacy Policy is available at https://platform.v2.vetology.net/doc/privacy-policy and is incorporated into this Agreement. Users understand and agree that VETOLOGY AND VETOLOGY INNOVATIONS and its partners are custodians of the data. VETOLOGY AND VETOLOGY INNOVATIONS and its partners store and process the information that we collect from Users on computers in every location worldwide, including the United States and/or the European Union. Users acceptance of this Agreement includes Users consent to those transfers. Users also understand and agree to accept emails from VETOLOGY AND VETOLOGY INNOVATIONS and its partners pertaining to Users VETOLOGY AND VETOLOGY INNOVATIONS and its partners account, product upgrades, updates, and new products and services. VETOLOGY AND VETOLOGY INNOVATIONS and its partners may use aggregated and/or normalized data for general market purpose. Data being stored by VETOLOGY AND VETOLOGY INNOVATIONS and its partners may be used by the VETOLOGY INNOVATION Network to develop, create, market and/or deliver products and services to the pet health, research or general animal industry through, but not limited to, veterinary members and pet owners. Generally, VETOLOGY AND VETOLOGY INNOVATIONS and its partners will not send Users more than one or two emails per week other than notifications regarding cases in the system. Users may unsubscribe from receiving certain emails at any time by contacting VETOLOGY AND VETOLOGY INNOVATIONS via the VETOLOGY AND VETOLOGY INNOVATIONS.net contact webpage. Unsubscribing will prevent Users from receiving certain promotional messages in the future. Users may still receive messages regarding feature or service changes or issues and will continue to receive notifications designed as part of the platform. (see Vetology privacy policy)

8. Uninstall VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software.

If Users personal computer uses a Windows operating system, Users may uninstall the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software at any time via the Windows Add/Remove functionality labeled "VETOLOGY AND VETOLOGY INNOVATIONS and its partners Desktop Agent." If personal computer is a Mac, open the agent, and go to the About page. Click on the "Uninstall" button to remove the software. 

9. Intellectual Property Rights.

VETOLOGY AND VETOLOGY INNOVATIONS and its partners and Suppliers will retain all title, ownership rights, and intellectual property rights in and to the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, and any copies or portions thereof. The VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software is protected by the copyright laws of the United States and international copyright treaties. Users will maintain and not remove or obscure any proprietary notices on the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, and will reproduce such notices exactly on all permitted copies of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software. As between the parties, VETOLOGY AND VETOLOGY INNOVATIONS and its partners will be custodians of the data on the VETOLOGY AND VETOLOGY INNOVATIONS system and VETOLOGY AND VETOLOGY INNOVATIONS will retain all title, ownership rights, and intellectual property rights in and to Users Content and any copies or portions thereof, subject to the sole discretion of VETOLOGY AND VETOLOGY INNOVATIONS and its partners' rights to use, copy, modify, share and analyze such Content solely for the purpose of providing the VETOLOGY AND VETOLOGY INNOVATIONS Services. Unsubscribing from VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software may prevent future data collection from Users but any data collected, either intentionally or unintentionally, prior to, during or after uninstall of the software will be subject to the current terms and conditions of this document. Users may request to have some of their data removed from VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software but any copied, modified, aggregate or normalized data may continue to be used by VETOLOGY AND VETOLOGY INNOVATIONS and its partners for the purpose of delivering VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services.  

We believe any veterinary medical or imaging information sent, pulled or uploaded to Vetology, or one of its affiliates, becomes property of Vetology or one of its affiliates, for unrestricted use by Vetology, or one of its affiliates, as outlined below. Should any of the information be determined by a court of law not to be owned by Vetology or one of its affiliates, by using the website any and all court determined legal owner or owners of the property in question have agreed that the uploaded information has no monetary value and they have conveyed a royalty-free, perpetual, irrevocable and worldwide license of the property to Vetology to be used in any lawful manner that Vetology, or one of its affiliates, determines is a legitimate use. If a written document becomes required to memorialize the above property transfer or license, the owner or owners of the property agree to assist Vetology, or one of its affiliates, in obtaining the necessary signatures without any payment or financial arrangement necessary. If the owner or owners of the property are not willing or able to assist Vetology, or its affiliates, in obtaining the necessary signatures, the owner or owners of the property agree to give Vetology, or one of its affiliates, power of attorney to sign any and all necessary documentation pertaining to a property transfer or license.

10. Indemnity.

Users agree that Licensor and its partners, affiliates, distributors, and Suppliers will have no liability whatsoever for any use Users make of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software or VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services. Users agree to indemnify, defend and hold Licensor, its partners, affiliates, distributors and Suppliers harmless from and against any and all claims, damages, liabilities, and costs and fees (including reasonable attorneys’ fees), in connection with or arising out of Users (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, (c) use or misuse of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, or (d) any upload, download or dissemination or Users Content by means of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software. 

11. WARRANTY DISCLAIMER.

THE VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS SOFTWARE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND LICENSOR ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. NEITHER LICENSOR, NOR LICENSOR'S PARTNERS, AFFILIATES, AND DISTRIBUTORS, NOR THE PARTNER'S SUPPLIERS MAKE ANY WARRANTY THAT THE VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS SOFTWARE OR SERVICES WILL BE WITHOUT DEFECTS, AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR OTHERWISE MEET USERS EXPECTATIONS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS ABOVE, THEY MAY NOT APPLY TO USERS. 

12. LIMITATION OF LIABILITY.

IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS (OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO USE THE VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS SOFTWARE AND SERVICES. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY OF VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS UNDER THIS AGREEMENT, THE PRIVACY POLICY, OR ANY TERMS OF SERVICE, EXCEED THE FEES USERS HAVE PAID TO LICENSOR, OR IF NONE PAID, $0.01 US DOLLAR. USERS ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS SOFTWARE OR SERVICE IS TO DEINSTALL AND CEASE USE OF THE VETOLOGY AND VETOLOGY INNOVATIONS AND ITS PARTNERS SOFTWARE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO USERS. 

13. Term and Termination.

This Agreement shall continue until terminated as set forth in this section. 

13.1 Termination by Users.

Users may terminate this Agreement at any time by deleting the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software from Users computer. See Section 8 of this agreement for details. In the event Users choose to terminate Users account, VETOLOGY AND VETOLOGY INNOVATIONS and its partners reserve the right to retain data including but not limited to data required for account settlement or billing purposes. 

13.2 Termination by VETOLOGY AND VETOLOGY INNOVATIONS and its partners.

Without limiting other remedies, VETOLOGY AND VETOLOGY INNOVATIONS and its partners may limit, suspend, or terminate this Agreement and Users use of VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, prohibit access to VETOLOGY AND VETOLOGY INNOVATIONS and its partners Services or Website and delete Users user account, effective immediately, for any reason, including, but not limited to, if Users are in breach of this Agreement, or the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Code of Conduct. VETOLOGY AND VETOLOGY INNOVATIONS and its partners will effect such termination by providing notice to Users to the email address Users have provided, and/or by preventing Users access to Users VETOLOGY AND VETOLOGY INNOVATIONS and its partners user account. VETOLOGY AND VETOLOGY INNOVATIONS and its partners reserve the right to cancel or modify user accounts, particularly those accounts that have been inactive for more than one (1) year. 

13.3 Effect of Termination.

Upon termination of the existing Agreement, (a) Users acknowledge and agree that all licenses and rights to use the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software will terminate, and (b) Users will cease any and all use of the Software under any Agreement terms other than the terms of the most current revised Agreement, and (c) Users not in compliance with this most current Agreement terms will remove the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software from all hard drives, networks and other storage media and destroy all copies of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software in Users possession or under Users control. The terms providing for a limitation on liability with respect to VETOLOGY AND VETOLOGY INNOVATIONS and its partners and Suppliers and the warranty disclaimer, together with such other terms which by their nature would be understood to survive any termination of this license, will so survive. 

13.4 No Liability.

Neither VETOLOGY AND VETOLOGY INNOVATIONS, its partners nor its Suppliers will be liable for any damages caused by the termination of this Agreement. 

14. New Versions of the Agreement.

VETOLOGY AND VETOLOGY INNOVATIONS and its partners reserve the right to make changes to this Agreement at any time by providing such revised Agreement to Users or by publishing the revised Agreement on the VETOLOGY AND VETOLOGY INNOVATIONS Website. The revised Agreement will become effective within thirty (30) days of such publishing or provision to Users, unless Users expressly accept the revised Agreement earlier by clicking on the accept button, when applicable. The express acceptance by Users, or Users continued use of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software after expiration of the thirty (30) day notice period will constitute Users acceptance to be bound by the terms and conditions of the revised Agreement. Users can find the latest version of this Agreement at https://platform.v2.vetology.net/doc/terms-of-service. 

15. Government Use.

If Users are part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software by the Government will be governed solely by the terms of this Agreement. 

16. Export Controls.

Users will comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and Users will not export, or allow the export or re-export of the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software in violation of any such restrictions, laws or regulations. By downloading or using the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software, Users agree to the foregoing and represents and warrant that Users are not located in, under the control of, or a national or resident of any restricted country, and that Users will otherwise comply with all applicable export control laws. 

17. Applicable Law.

The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. The jurisdiction and venue for actions arising under this Agreement will be the State and Federal courts in San Diego County, California or Commonwealth and Federal courts in Suffolk County, Massachusetts; Users hereby consent to jurisdiction in all such courts and agree to service of process in accordance with the rules of such courts. 

18. Miscellaneous.

18.1 Entire Agreement.

This Agreement sets forth the entire understanding and agreement between Users and VETOLOGY AND VETOLOGY INNOVATIONS and its partners with respect to the subject matter hereof. If any provision or provisions hereof will be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be in any way affected thereby. 

18.2 Third Party Fees.

Users are responsible for any fees associated with the operation of Users mobile device and personal computer, such as airtime and the costs of Internet access. 

18.3 Waivers.

VETOLOGY AND VETOLOGY INNOVATIONS and its partners’ failure to act with respect to a breach of this Agreement by Users or others does not constitute a waiver and will not limit VETOLOGY AND VETOLOGY INNOVATIONS and its partners’ rights with respect to such breach or any subsequent breaches. 

18.4 No Assignment by Users.

This Agreement is personal to Users and may not be assigned or transferred for any reason whatsoever.

18.5 Assignment by VETOLOGY AND VETOLOGY INNOVATIONS and its partners.

VETOLOGY AND VETOLOGY INNOVATIONS and its partners expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder. 

18.6 Language.

The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version will prevail. 

18.7 Electronic Communications and Signatures.

Users hereby agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software. Furthermore, Users hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.                                            

19 Non-compete and Non-Solicitation.

Users hereby agree to refrain from using information located in VETOLOGY AND VETOLOGY INNOVATIONS and its partners Software for the purpose of communication with and marketing to pet owners in order to solicit direct business.  Users will not directly or indirectly, on user’s own behalf or in the service or on behalf of others, in any capacity: Solicit Business. Solicit the business or patronage of any Customer for any other person or entity, Divert Business. divert, entice, terminate or reduce its relationship with the Companies or otherwise take away from the Companies the business or patronage of any Customer, or attempt to do so.

VETOLOGY AND VETOLOGY INNOVATIONS respects the intellectual property rights of others. If you believe your copyright has been violated on a VETOLOGY AND VETOLOGY INNOVATIONS site, please give notice to:

Mail: VETOLOGY INNOVATIONS, 7522 Clairemont Mesa Blvd., San Diego, CA. 92111

When you notify us of the alleged copyright infringement, please be sure to include the following information:

• a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
• a description of the infringing material and information sufficient to permit VETOLOGY to locate the material;
• contact information for you, including your address, telephone number, and/or email address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
• a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
• a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.

Failure to include all of the above-listed information may result in a delay of the processing of your complaint. VETOLOGY AND VETOLOGY INNOVATIONS may terminate the online privileges of users who infringe the copyright of others.

More information

For more information on the Digital Millennium Copyright Act, please see the U.S. Copyright Office website.