Terms of Use
Terms of Use
Effective Date: August 15, 2018
1. User’s Acceptance of Terms
PBS Animal Health and Horse Health USA, and their associated legal entities, shareholders, directors, officers, agents and employees, together with the heirs, successors, and assigns of the foregoing (the “Associated Parties”) are herein collectively sometimes called “us,” or we,” or “our”. Access and use of this site and related services (the “Site”) is provided to you, (herein called the “User” or “You” or “Your”) subject to Your compliance with all the terms, conditions, and notices contained or referenced in this Agreement (herein called the “Terms of Use” or “Agreement”) or on this Site. Our Privacy Policy is part of these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH WILL THEN CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. IF AFTER READING THESE TERMS OF USE YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE IMMEDIATELY EXIT THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR WITH ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THIS SITE AND THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR BINDING AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON YOUR USE OF THIS SITE FOLLOWING YOUR ACTUAL OR CONSTRUCTIVE NOTICE OF THESE TERMS OF USE. WHEN YOU USE THIS SITE, REGARDLESS OF WHETHER YOU PURCHASE ANY PRODUCT, WE WILL ASSUME THAT YOU HAVE READ THESE TERMS OF USE AND THAT YOU AGREE WITH ALL OF THE PROVISIONS STATED IN THESE TERMS OF USE.
2. Use of this Site
This Site may only be used for lawful purposes. You are responsible for the consequences of Your communications, uploads, transmissions, and posting of information on or through this Site, and for use of this Site by anyone accessing it using Your identity or login information. By submitting information through this Site, You represent that You are 18 years of age or older and not subject to any restrictions regarding Your ability to enter into a legal contract. You represent and warrant that any information You transmit to this Site is truthful, accurate, not misleading, and offered in good faith, and that You have the right to transmit such information.
3. Pharmacy, Health, and Other Content is for Informational Purposes Only
All content available in any pharmacy portion of this Site, or in any other part of this Site, is provided for general informational purposes only. Such information is not intended to be, and does not constitute, professional veterinary, medical, or human health advice. You are encouraged to seek the services of a qualified and licensed veterinarian or medical professional regarding the diagnosis, treatment, cure, or prevention of any human or animal health conditions – this Site is not a substitute for such services. We do not represent or guarantee that such information is accurate, complete, reliable, or up-to-date. All information appearing on this Site is for your general enlightenment with the intent that You will not rely upon such information in place of the care and advice that only a qualified and licensed veterinarian or medical professional can provide.
4. Licenses for Use of this Site and Information
This Site, including all of its contents, such as text, images, and the HTML used to generate the pages are the property of PBS Animal Health and Horse Health USA, and their Associated Parties, or its suppliers or licensors, and may be protected by copyright, trademark, and patent laws of the United States, or by foreign countries or laws. Except as otherwise provided in this Agreement, You are not legally permitted to use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute, any such materials from this Site, in whole or in part, for any public or commercial purpose whatsoever, without our prior written permission, which we may withhold in our sole and absolute discretion. We grant You a personal, non-exclusive, non-transferable license to access this Site and to use the information and services contained on this Site, subject to Your compliance with these Terms of Use. You grant to us and our Associated Parties, a non-exclusive, royalty-free irrevocable license (coupled with an interest) to use any content You provide on this Site for any purpose, subject to the express provisions of these Terms of Use.
5. Changes to these Terms
We reserve the right to modify any of these Terms of Use in our sole discretion, at any time and without prior notice. In the event that we make material changes to the Terms of Use, we will post the revised Terms of Use and the effective date of such changes on this Site. Unless, otherwise stated, all modifications to these Terms of Use will be effective immediately upon posting them. Posting of any such modified Terms of Use on this Site will constitute constructive notice to You of the modified Terms of Use. We encourage You to check this Site frequently to see the current Terms of Use in effect, and any changes that may have been made to them. Your continued use of this Site after a change has been posted constitutes Your acceptance of the change. If You disagree with any changes to these Terms of Use, Your sole remedy is to discontinue Your use of this Site.
6. Changes to this Site
We reserve the right to terminate, change, suspend, or
discontinue this Site or any part or aspect of this Site,
including information, data, text, sound, photographs, graphics,
video, messages, or other materials, as well as features and
hours of availability. These and any other changes to
this Site may be made in our sole and absolute discretion, and
without prior notice to You. We will not be liable to you or
any other party for making such changes. At any time, we may impose rules
for and limits on use of this Site, or restrict Your access to
all or any part of this Site, without notice, or penalty, or
liability to You or anyone associated with You. We will have the right to change
these rules or limitations at any time, in our sole
discretion.
7. Copyright
This Site, and all content available on this Site, is protected by copyright, whether or not such content has been registered or is unregistered. Unless otherwise specified on this Site, no portion of this Site may be copied, reproduced, republished, transmitted, or distributed in any way without our prior written consent, which consent may be withheld in our sole and absolute discretion. Any such use of this Site’s content for any purpose not authorized under these Terms of Use is a violation of the copyrights of PBS Animal Health and Horse Health USA, their Associated Parties (or other entities where indicated). Written permission for all uses of this Site other than as expressly authorized under these Terms of Use, including linking to any page of this Site other than the home page, must be obtained from us in advance. Any such request should be submitted by email to WeCare@pbsanimalhealth.com Use of this Site, or of any content available on this Site, on any other website, social media, or any other networked computer environment, is prohibited. Unless otherwise indicated in this Site, all words, graphics, pictures and other content in any form, and all design rights, compilation rights, and other intellectual property rights in this Site, together with the related goodwill, are proprietary to PBS Animal Health and Horse Health USA., its Associated Parties, or its licensors, whether such rights are registered or unregistered.
8. Trademarks
All trademarks, service marks, logos, and trade names on this Site, whether registered or unregistered, are proprietary to the PBS Animal Health and Horse Health USA, and their Associated Parties or to other people or legal entities where indicated. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names without our prior written consent, or other appropriate owner.
9. Prohibited Activities
When using this Site, You are not permitted to:
§ send or otherwise transmit to or through this Site any unlawful, infringing, damaging, harmful, harassing, defamatory, threatening, vulgar, or otherwise objectionable material of any kind, as we determine in our sole and absolute discretion;
§ send or otherwise transmit communications which incite civil unrest, radicalization, hate crimes, or action against us, any of our vendors or suppliers, any person or groups of persons, or the United States of America, its individual states, territories, or protectorates;
§ misrepresent Your identity or affiliation in any way;
§ access data, servers, or accounts that You are not authorized to access;
§ post material that is not Your own, or that You do not have permission to use, such as copyrighted materials, trade secrets, or other material that infringes on another’s intellectual property, privacy, or publicity rights;
§ interfere in any way with the security of this Site or our networks, or attempt to use this Site to gain access to any other computer system;
§ attempt to, or actually probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
§ attempt to, or actually interfere with service to any user, host, or network, including by submitting a virus to this Site, overloading, “flooding”, “mail-bombing”, or “crashing”; or sending unsolicited email, including promotions or advertising of products or services;
§ violate any applicable laws or regulations, or encourage conduct that may do so; or
§ assist or permit any person engaging in any of the prohibited activities described above.
10. Site Security
You are prohibited from violating, or attempting to violate, the security of this Site. Any such violation may result in criminal and civil penalties against You. We will investigate all alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations and prosecution. We aggressively pursue all civil remedies in connection with any such violation.
11. Unsolicited Ideas
Although we greatly value our new and established customers, we are not able to accept or consider unsolicited ideas, including ideas for new products or services. You should not transmit any material to this Site that You consider to be confidential or proprietary. Any material that You do transmit to this Site or to us will be considered non-confidential and non-proprietary. Except as expressly provided in our Privacy Policy, You give us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute any such information as we desire in our sole discretion. You also agree that we have the right to freely use any concepts, know-how, ideas, and other intellectual property that You, or someone acting on Your behalf, transmit to this Site or otherwise transmits to us, without a legal obligation to pay anyone or account to You or other interested parties.
12. International Use
We control and operate this Site from our offices in the United States of America, and all orders and information are processed within the United States. We do not represent that the products or materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from outside the United States do so voluntarily, and are solely responsible for compliance with all applicable local laws and all additional charges associated with purchasing product from outside the United States. Any offer for any product, service, information, or promotion on this Site is void where prohibited.
13. Links to Other Websites
This Site may contain links to other websites for Your convenience. If You follow these links, You may leave this Site. Some of these third-party websites may use our trademarks, service marks, or logos under license from us. We are not responsible for the availability or content of these other websites, or for any product or service provided by these other websites, or for any experience You may have with such third-party websites, whether we are affiliated with the owners of such websites or not. Our decision to provide links to other websites should not be interpreted as our endorsement or approval of the organizations sponsoring such third-party websites, or of their products or services. By following any link on this Site, You hereby waive all legal rights against us in connection with such other websites, and any product or service which this Site owner or sponsor may provide.
14. Copyright Claims
The Digital Millennium Copyright Act (DMCA) may provide recourse to copyright owners who believe their rights under the United States Copyright Act have been infringed on the internet. If You are a copyright owner, or the agent of a copyright owner, and You believe that any content on this Site infringes Your copyrights, we suggest that You contact a legal professional who can advise You about Your rights. You may have a right to submit notification about the alleged infringement under the DMCA. Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached by mail addressed to PBS Animal Health, Attn: Copyright Agent, 2780 Richville Drive SE Massillon Ohio 44646
15. Resale Restrictions
By using this Site, You agree that upon resale to a third person of any product purchased through this Site, You will strictly adhere to and comply with all policies regarding: minimum advertised pricing, restrictions as to where and how a product may be re-sold or marketed, policies restricting resale on particular websites or through particular distributors, and all anti-divergent policies that may be imposed from time to time. Failure to comply with such policies will constitute a breach of Your obligations under this Agreement, may result in termination of Your right to use this Site, and may subject You to liability and damages for breach of contract.
16. Jurisdictional Issues
This Site is controlled and operated by the PBS Animal Health and Horse Health USA, and their Associated Parties from their offices within the State of Ohio, United States of America. Persons who choose to access this Site from outside the State of Ohio or outside the United States do so on their own initiative and at their own risk, and are solely responsible for compliance with laws and regulations of the foreign State or Country to which they might be subject, including (but not limited to) applicable taxes, tariffs, import expenses, and other add-on costs. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. No information from this Site may be downloaded or otherwise re-exported: (i) into a country or to a national or resident of a country to which the United States embargoes or sanctions goods, services, or technology; (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the United States Commerce Department's Table of Denial Orders. By using information from this Site, You represent and warrant that neither You, nor anyone for whose benefit You may be operating, are on any such list, are located in any such country, are a national or resident of any such country, and any transaction which You initiate is not, and will not upon fulfillment, be in violation of any embargo or other governmental restrictions on the sale or receipt of the product or service. You agree to defend, indemnify, and hold PBS Animal Health and Horse Health USA, and their Associated Parties, harmless, from and against any loss, damages, liability, claim, lawsuit, penalty or fine, which may be asserted against them or which they incur in connection with any such prohibited actions.
17. Termination of Use of Site
We abide by all applicable anti-discrimination laws and regulations but may otherwise terminate Your use of this Site and Your ability to purchase product or services at any time in our sole and absolute discretion, without cause or reason. In the event of such termination, You must immediately destroy any content obtained from this Site, including all copies of such content.
18. Survival of Certain Provisions
The provisions of these Terms of Use that contemplate continuing obligations or restrictions following termination of this Site or Your use of this Site, or which in order to give such provisions meaning must continue after the completion of any purchase transaction arising in connection with this Site (the “Continuing Provisions”) will continue after the completion of any such transaction or termination of this Site or Your use of this Site. The Continuing Provisions to which this paragraph applies include, but are not limited to, provisions regarding Site security, prohibited activities, limitations on use, copyrights, trademarks, user submissions, disclaimers, limitation of liability, Your waivers, dispute resolution, indemnity, warranty disclaimers, minimum advertised pricing policies, resale policies and other anti-divergent policies, choice of law and jurisdictional issues.
19. No Guarantees
You acknowledge that neither PBS Animal Health and Horse Health USA, nor their Associated Parties, represent or guarantee the accuracy, reliability, availability, timeliness, performance, completeness, or suitability of any of the materials or any other content available on this Site. You acknowledge that such content may contain inaccuracies or errors, and You hereby waive all claims, lawsuits, and causes of action against the PBS Animal Health and Horse Health USA and its Associated Parties arising out of any such materials or content.
20. Disclaimer of Warranties
We constantly strive to provide our customers with valuable information and descriptions of the products that we offer on this Site. However, much of the content on this Site is written by third parties. Therefore, You acknowledge and agree that:
THE CONTENT PRESENTED ON THIS SITE IS PROVIDED WITHOUT GUARANTIES OR WARRANTIES OF ANY NAME OR NATURE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THIS SITE OR THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY ASPECT OF THIS SITE.
Applicable law may not allow certain exclusions of implied warranties, so some or all of the above disclaimers may not apply to You.
21. Limitation of Liability
You agree on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, that neither PBS Animal Health and Horse Health USA, nor any of their Associated Parties, will be liable for damages of any name or nature arising out of Your use of this Site. Specifically, and without limiting the preceding sentence, You on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, agree that PBS Animal Health and Horse Health USA and their Associated Parties shall not be liable for consequential damages, incidental damages, special damages, punitive damages, indirect damages, lost profits, or diminution in equitable value of a commercial enterprise, arising out of or in connection with the following (regardless of whether or not we have been advised of the possibility of such damages): Your use of this Site, the inability to use this Site, any product of service purchased through this Site, Your use of any website to which this Site is linked, loss of privacy, loss of or damage to credit, stolen identity, breach of confidentiality, theft or wrongful appropriation of personal or commercial information provided to us, loss of data, or damage to any computer system or software (each of the foregoing is herein referred to as the “Claim Occurrence”. The above limitations will not apply to the extent that they are prohibited by applicable law. In the event that through the Exclusive Dispute Resolution Process set forth below in paragraph 26, we are found liable for damages arising out the foregoing occurrences despite the above limitations, You agree that such damages for all parties to any claim or action, or related claim or action will never exceed a total of Fifteen Hundred Dollars ($1,500) and You, on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, agree to accept that amount as liquidated damages in full satisfaction of all claims against us, and You on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, hereby forever irrevocably waive all claims for damages in excess of that amount.
22. Indemnification
You agree on behalf of yourself and others claiming through You, and Your heirs, successors and assigns, to indemnify, defend, and hold harmless PBS Animal Health and Horse Health USA and their Associated Parties, together with all third parties who have provided information included in this Site and all interested licensors and licensees, from all liabilities, claims, causes of action, lawsuits, damages, costs and expense, including attorney fees and litigation related costs (where permitted by law), arising out of or in connection with Your use of this Site, any product or services that You purchase through this Site, and/or Your breach of these Terms of Use. You agree to cooperate with us in the defense of any such claim. We reserve the right to select our own legal counsel and to assume exclusive control of any matter subject to indemnification by You under these Terms of Use. The indemnification obligations set forth in this paragraph may not apply to You if they are not permitted under applicable law.
23. Labelling and Written Content
You understand and agree that we do not manufacture the products that are presented to You for purchase on this Site. Since we do not test or otherwise determine the constituent ingredients of such products, their characteristics, efficacy, or source, we are not in a position to make representations in that regard. We are not in any way responsible for content, or any omissions, relating to written materials that accompany a product sold on this Site--whether appearing on a label, packaging, attachment, or in a separate writing (including, copyrights, trademarks, service marks, patents and other proprietary interests claimed by a third party, language in the form of instructions, directions, ingredients, warnings, warranties, indications and contraindications for use, or representations that a product is totally or partially “natural” or “organic”, etc.). You hereby waive all lawsuits and claims against the Associated Parties, of every name or nature, arising out of the foregoing written materials accompanying any product that You purchase on this Site, and You agree to direct all such lawsuits or claims only against the product’s Manufacturer.
24. Governing Law and Jurisdiction
This Site (excluding any linked sites) is controlled by PBS Animal Health and Horse Health USA, and/or their Associated Parties, from their principle administrative office in the state of Ohio, United States of America. This Site can be accessed from all 50 states, and potentially from other countries throughout the world. Since each of these locations has its own laws which may differ from the laws in Ohio, by accessing or attempting to access this Site, You agree with us on behalf of yourself and others claiming through You, including Your heirs, successors and assigns that any claim, cause of action, lawsuit, or dispute of any name or nature between You and us arising out of any Claim Occurrence will be governed by and construed under the statutes and laws of the State of Ohio, without regard to the related conflict-of-laws rules and the United Nations Convention on the International Sales of Goods.
25. Equitable Remedies
In the event that You violate certain provisions set forth in these Terms of Use, You acknowledge that money damages may not be sufficient to compensate us for damages that we may incur. Therefore, we will have the right to seek injunctions, specific performance, or other equitable remedies. By using this Site, You waive all objections to such equitable remedy based on an assertion that money damages are sufficient to compensate us for Your breach. In the event that the Court should impose a bond in connection with any equitable remedy, You agree, on behalf of yourself that a bond in the amount of $1,500.00 will be appropriate and sufficient to compensate You for any damages You may incur if the event that the equitable relief is not warranted or if You ultimately prevail. Such equitable relief will not limit our rights to pursue remedies at law for money damages, or otherwise.
26. Exclusive Dispute Resolution Process
If a dispute arises, we strongly encourage You to first contact our Customer Service Department before initiating the Exclusive Dispute Resolution Process provided below. We value our relationships with our customers and will try to resolve Your claims informally and quickly. Prior contact with our Customer Service Department, and affording us the opportunity to resolve the issue informally, is a legal prerequisite to Your right to initiate the Exclusive Dispute Resolution Process. All formal claims or causes of action that You wish to bring against us must be resolved in accordance with this paragraph 26 and the Exclusive Dispute Resolution Process. All lawsuits or other formal claims or dispute resolution processes brought contrary to this paragraph 26 will be considered improperly filed/initiated and will be void and subject to immediate dismissal upon motion of the other party.
Exclusive Dispute Resolution Process: All disputes arising in connection with this Site, these Terms of Use, or any product advertised on this Site must be determined by binding arbitration in accordance with the provisions set forth in Chapter 2711 of the Ohio Revised Code then in effect and, subject to the terms set forth in this paragraph 25, the then applicable Commercial Arbitration Rules of the American Arbitration Association (the “Exclusive Dispute Resolution Process”). These Terms of Use shall for all purposes take precedence over and shall supersede any conflicting provisions in said Chapter 2711 of the Ohio Revised Code and/or in the Commercial Arbitration Rules of the American Arbitration Association. The arbitration award must be in compliance with the provisions set forth in these Terms of Use and it must be consistent with the facts as found by the arbitrator and with the substantive laws of the State of Ohio. No arbitrator will have authority or jurisdiction to issue an award which conflicts with these Terms of Use. The arbitrator shall be an attorney in good standing with the Supreme Court of Ohio who has had not less than 20 years of private practice concentrating on commercial or general business law in the State of Ohio. The arbitrator shall be selected by agreement of You and us, or upon failure to agree, the arbitrator shall be selected in accordance with Section 2711.04 of the Ohio Revised Code, in which case the arbitrator may not deviate from the characteristics which an arbitrator is required to possess in these Terms of Use. The arbitration will take place at a suitable location in Stark County, Ohio. At least sixty (60) days prior to initiating the Exclusive Dispute Resolution Process, the initiating party will give the other party written notice of its intent to do so. We may provide such notice by email to Your e-mail address on file with us, and You must provide such notice by e-mail to WeCare@pbsanimalhealth.com .
YOU, ON BEHALF OF YOURSELF AND OTHERS CLAIMING THROUGH YOU, AND YOUR HEIRS, SUCCESSORS OR ASSIGNS, UNDERSTAND AND AGREE THAT ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS UNDER THE EXCLUSIVE DISPUTE RESOLUTION PROCESS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
27. Miscellaneous
Except as otherwise provided in these Terms of Use, if any provision in these Terms of Use is held to be unlawful, void, or unenforceable, that provision will be deemed severable, and will not affect the validity and enforceability of any remaining provisions. We will not enforce any provision of these Terms of Use which violates any consumer protection law that may apply to You and such provision or provisions are automatically void and of no effect without our further action. These Terms of Agreement constitute the entire agreement between You and us, and fully supersede all other agreements, oral or written, regarding the subject matter addressed in these Terms of Use. Any failure or delay on our part in enforcing our rights under these Terms of Use will not be considered a waiver of our rights. These Terms of Use will be enforceable by our successors and assignees. No provision in this Agreement may be modified or deleted unless initiated by us and posted on this Site by us. All future modifications of these Terms of Use by us will become binding upon You immediately upon Your first use of this Site after such modification, and You will be deemed to accept such modifications upon such first use.
28. Contact Us
If You have any questions or comments regarding these Terms Of Use or this Site, please email us at WeCare@pbsanimalhealth.com, or write to us at PBS Animal Health, Attn.: Acting General Manager, 2780 Richville Drive SE, Massillon, Ohio 44646.
End of Terms of Use
