VetConnect Terms of Service for Registered Users
Attention: please read these terms of service carefully before using this internet site. These terms may have changed since your last visit to this site. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this site.
1. Acceptance of Terms of Service
When using or registering with this site, including the LabREXX or telemedicine services, you agree to be bound by all of the following terms and conditions (the "Terms of Service"), which may be updated by IDEXX Reference Laboratories, Inc. ("IDEXX") from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: www.vetconnect.com . Furthermore, you acknowledge that you are responsible for maintaining the confidentiality of your account and any login passwords. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You further agree and acknowledge that the entity on whose behalf you have represented to IDEXX that you are authorized to act, and any representatives of such entity, shall be responsible for all uses of your account. In addition, when using particular VetConnect services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. Description of Service
The VetConnect service provides or may provide users with access to online resources, including online laboratory results reporting, LabREXX electronic laboratory requisitioning, telemedicine consultation results, medical and product references, current articles and abstracts, various communications tools, online forums, shopping services, personalized content, e-mail capabilities, and web site hosting capabilities, (collectively, the "Service"). Unless explicitly stated otherwise, any new features or properties that augment or enhance the current Service shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that IDEXX assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. IDEXX provides the necessary information and documentation to many practice information management systems (PIMS) providers in order for them to connect their PIMS directly to the Service and transmit laboratory work requests, results and related data. If your PIMS is equipped to connect to the Service, and you elect to use the Service through it, you may be required, at your cost, to purchase additional hardware or software in order to do so. Any medical recommendations contained in the medical and product references or current articles and abstracts are intended to provide general guidance only. As with any diagnosis or treatment, you should use clinical discretion with each patient based on a complete evaluation of the patient, including physical presentation and complete laboratory data. With respect to any drug therapy or monitoring program, you should refer to product inserts for a complete description of dosages, indications, interactions and cautions.
3. Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IDEXX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDEXX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the VetConnect site and the Service is restricted to licensed veterinarians and their staffs and employees of companies engaged in animal health products and services.
4. Fees and Terms of Payment
Fees charged for use of any portion of the Service will be posted on the site and may be changed at any time without notice. All fees are exclusive of all taxes and duties of any kind, all of which must be paid by you. Payment terms shall be net cash on or prior to delivery of the Service, except that payment terms may be net thirty (30) days from date of invoice if you are granted credit terms by IDEXX. IDEXX reserves the right to change payment terms at any time or to revoke credit previously extended, if any. All payments due are charged or billed directly to a credit card provided by you. Without limiting the generality or applicability of any other rights of IDEXX specified in the Terms of Service, IDEXX reserves the right to cease the Service or any portion thereof if charges to your credit card are denied. You shall also pay or reimburse IDEXX for all costs and expenses (including reasonable attorneys' fees) incurred or paid by IDEXX in enforcing your obligations hereunder.
6. Account Registration and Security
You will receive one or more passwords and one or more account designations upon completing the Service's registration process and from time to time. You are responsible for maintaining the confidentiality of the password(s) and account designation(s), and are fully responsible for all uses and activities that occur under your password(s) or account designation(s), whether or not actually or expressly authorized by you. You agree to (a) immediately notify IDEXX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IDEXX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted, e-mailed or otherwise transmitted as a result of or in connection with your use of this site ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IDEXX, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. IDEXX does not control the Content posted via the Service by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IDEXX be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available, displayed, uploaded, posted, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to:
A. upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an IDEXX employee, agent or representative or otherwise misrepresent your affiliation with a person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
E. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
F. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
G. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas, if any, that are designated for such purpose;
H. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
J. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
K. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
L. "stalk" or otherwise harass another; or
M. collect or store personal data about other users.
8. Use and Handling of Content.
You acknowledge that IDEXX does not pre-screen Content, but that IDEXX and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, IDEXX and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IDEXX or submitted to IDEXX, including without limitation information in the Service.
You authorize IDEXX to use your Content, including any client data that is included in your Content, and to combine or associate your Content with any other of your data that IDEXX or its affiliates are permitted to use, for the purposes of (a) providing you with analysis of your clinic's performance and utilization either on a stand-alone basis or in comparison with other de-identified clinics, (b) monitoring, troubleshooting, and diagnosing the Service, (c) backing up and storing your Content, (d) aggregating your Content with other data (including data from other practices) for research and analysis, and (e) otherwise providing the Service to you. You acknowledge and agree that IDEXX may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms of Service; (c) arrange for, collect and process payment, (d) respond to claims that any Content violates the rights of third-parties; (e) protect the rights, property, or personal safety of IDEXX, its users and the public; or (f) provide the Service. Except as provided in the prior sentence, IDEXX does not share your Content with third parties except in a de-identified format. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. IDEXX will never make your Content available to a list broker or any other party who desires to use your Content to contact either you or your clients, except with your specific written permission. Any personal information possessed by you provided to IDEXX is controlled primarily by IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092, USA, and will be stored in the United States, in accordance with US law and this Agreement. IDEXX has implemented technical and organizational measures designed to protect your Content against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected. You agree to appropriately manage and control the personal information of your clients as your sole responsibility, including, but not limited to, obtaining prior consent from your clients to provide us with their personal information. In the event that your client lodges a complaint against IDEXX or you or a dispute arises between your client and you or IDEXX in connection with the management and control of your clients' personal information, you agree to resolve such complaint or dispute at your sole responsibility and to hold IDEXX harmless from any damage, liability or loss, except in cases where you reasonably establish IDEXX's liability for such complaint or dispute.
9. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and the shipment of products exported from the United States or the country in which you reside.
10. Public Content Posted to VetConnect
For purposes of the Terms of Service, "publicly accessible areas of the Service" are those accessible to all subscribers. By way of example, a publicly accessible area of the Service would include forums, classified advertisements, public chat rooms, but would not include private e-mails, laboratory results, online orders or correspondence with distributors. With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant IDEXX the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify, defend, and hold IDEXX, and its subsidiaries, affiliates, officers, agents, designees, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees and legal disbursements, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
12. No Resale of Website
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the VetConnect site or any portion of the site, use of the Service, or access to the site.
13. General Practices Regarding Use and Storage
You acknowledge that IDEXX may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on IDEXX's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that IDEXX has no responsibility or liability whatsoever for the deletion or failure to store for any reason any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that IDEXX reserves the right to log off accounts that are inactive for an extended period of time or that do not comply with the terms hereof. You further acknowledge that IDEXX reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. Modifications to Service
IDEXX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IDEXX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that IDEXX, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if IDEXX believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. IDEXX may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms of Service may be effected without prior notice, and acknowledge and agree that IDEXX may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that IDEXX shall not be liable to you or any third-party for any termination of your access to the Service.
16. Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, distributors, product providers, service providers, and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individual or entity. You agree that IDEXX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such individuals or entities on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IDEXX has no control over such sites and resources, you acknowledge and agree that IDEXX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IDEXX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. IDEXX's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IDEXX, or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
IDEXX grants you a personal, nontransferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by IDEXX for use in accessing the Service. All rights not granted herein are strictly reserved by IDEXX.
19. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IDEXX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (B) IDEXX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDEXX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. IN THE EVENT YOU USE YOUR PIMS TO SEND DATA TO US OR TO RECEIVE DATA FROM US, WE MAKE NO REPRESENTATION AS TO THE PERFORMANCE OF YOUR PIMS OR ITS INTERPRETATION OF DATA PROVIDED BY US.
20. Limitation of Liability
EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, IN NO EVENT WILL VETCONNCT, ITS AFFILIATES, SUPPLIERS, LICENSORS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFIT OR USE, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS, GOODWILL, DATA OR EQUIPMENT, OR FOR BUSINESS INTERRUPTION ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY INTERNET SITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, IDEXX'S TOTAL LIABILITY TO YOU IN CONNECTION WITH ANY AND ALL INJURIES, LOSSES, EXPENSES, DEMANDS, CLAIMS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SITE, FROM ANY CAUSE OR CAUSES, WHETHER IN WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ONE YEAR OF SERVICE ON THIS SITE.
IF YOUR USE OF THE MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
21. Exclusions and Limitations
APPLICABLE LAW OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
22. Choice of Law and Forum
The Terms of Service will be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions or your actual state or country of residence. Both you and IDEXX submit to personal and exclusive jurisdiction of the courts located within Cumberland County, Maine, United States of America.
Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
24. Trademark Information
IDEXX possesses rights in the United States and Canada and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with vetconnect.ca and LabREXX and the LabREXX logo and the products or services described in the website. No use of any IDEXX trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of IDEXX, except to identify the products or services of IDEXX. Except as permitted by these Terms, nothing contained in the site should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of IDEXX. Company, product and service names mentioned in the site that are not owned by IDEXX are trademarks or service marks of their respective owners. See www.idexx.com for additional IDEXX trademark information.
25. Copyrights and Copyright Agents
IDEXX respects the intellectual property of others, and asks users of its products and services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IDEXX's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
IDEXX's Copyright Agent for Notice of claims of copyright infringement on this site can be reached as follows:
Office of General Counsel
IDEXX Laboratories, Inc.
1 IDEXX Drive
Westbrook, ME 04092
United States of America
By Phone: (207) 556-0300
By e-mail: firstname.lastname@example.org
26. General Information
Please report any violations of the Terms of Service to email@example.com