Terms of Use

Welcome to the PetDx website. Please take a few minutes to carefully review these Terms of Use and the Privacy Notice, which are hereby incorporated into these Terms of Use.

By accessing or using petdx.com, vet.petdx.com, clinic-locator.petdx.com, cancersafe.petdx.com, and/or support.petdx.com (collectively, “Website” or “PetDx.com”), you are agreeing to follow these rules and be bound by these Terms of Use. If you do not agree with any of the provisions in these Terms of Use, please do not use the Website. These Terms of Use may change from time to time without prior notice.

USE OF WEBSITE

Subject to your compliance with these Terms of Use, PetDx allows you to access and make personal and non-commercial use of the Website. You may not use any aspect of the Website, including without limitation, providing links to the Website or using any content or information available on the Website or emails, for any resale, commercial, or public use, without the prior express written approval of PetDx. You may not make any copies or derivative uses of any content or information available on the Website without the prior express written approval of PetDx.

You may not download or copy any information, service or content on the Website for the benefit of a third party, or use data mining, robots, or similar data gathering and extraction tools.

You agree that you will not use this Website, or any of its content or services for any illegal or prohibited purpose. You are also prohibited from accessing data not intended for you, attempting to breach our security measures, interfering with the use of or access to the Website, attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Website, or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Website.

All rights not expressly granted to you in these Terms of Use are reserved and retained.

INTELLECTUAL PROPERTY OWNED BY PetDx

This Website and the content made available through the Website, including but not limited to, emails, articles, text, information, graphics, artwork, photographs, logos, icons, and data compilations, is either owned by PetDx or used with authorization by its respective owners.

The Website and all of the content owned by PetDx are protected by U.S. and international copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast or distributed in any way, in whole or in part, without the prior express written consent of PetDx.

The trademarks, service marks, trade dress, and logos on the Website are owned, controlled or licensed by PetDx and are protected by various intellectual property and unfair competition laws. All other intellectual property that may be used on this Website not owned by PetDx are the property of their respective owners.

Nothing in these Terms of Use or any other language on this Website is intended to create a license or give you any right to use any of the intellectual property or content on this Website. PetDx respects the intellectual property rights of others and actively enforces its own intellectual property rights to the fullest extent of the law.

ELECTRONIC COMMUNICATIONS

By using the Website, or by sending us messages, you are consenting to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

THIRD PARTY AFFILIATES

The Website may provide links to third party websites. PetDx takes no responsibility and assumes no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third party websites or services.

ADVICE ON WEBSITE

The content provided on PetDx is for general informational purposes only. The content provided on PetDx is not a substitute for professional advice, including veterinary advice, diagnosis, or treatment. While PetDx may provide content on veterinary medicine or pet health on the Website, your reliance on any content provided on the Website is at your own risk. PetDx encourages you to seek the opinion of professionals. Please do not submit any sensitive information via the Website.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

This Website and any information, products, content, materials, and any services included on or made available to you through the Website are provided on an “as is” and “as available” basis.

PetDx MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, ITS CONTENTS, THE PRODUCTS REFERENCED ON THE WEBSITE, OR ITS SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PetDx DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.

IN NO EVENT WILL PetDx BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, FROM YOUR USE OF ANY PetDx SERVICE, OR FROM ANY INFORMATION, PRODUCT, CONTENT, OR MATERIAL INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Website is not intended or directed to individuals under the age of 18.

If you are dissatisfied with this Website or any of its contents, or with these Terms of Use, your sole and exclusive remedy is to discontinue using this Website.

This DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY shall apply to the extent not prohibited by applicable law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

To the residents of New Jersey, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act. The provisions in the Limitations of Liability and elsewhere in this Terms of Use and our Privacy Notice may be different than the rights you might enjoy under the laws of New Jersey. Your rights regarding the Limitations of Liability and other provisions in our Terms of Use and Privacy Notice will be governed by applicable New Jersey law and not by the Terms of Use and Privacy Notice to the extent that the provisions are inconsistent with New Jersey law.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, you agree to binding arbitration administered by JAMS. The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations.

GENERAL PROVISIONS

Indemnification: You agree to indemnify and hold us, our officers, shareholders, employees, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms of Use, Privacy Notice, any other agreement with us, any representation or warranty contained herein or therein or any applicable law; (ii) any materials submitted by you using the Website; and (iii) your activities in connection with obtaining any products or services from us. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Severability: If any of the provisions under these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Captions: The captions contained in these Terms of Use and in the Privacy Notice are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Use or of the Privacy Notice.

No Waiver: No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

Entire Agreement: The Terms of Use and the Privacy Notice are the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

EFFECTIVE DATE/UPDATES/QUESTIONS

The effective date of these Terms of Use is April 26, 2022. We may update the Terms of Use at any time in our sole discretion. When it is updated, the updated Terms of Use will be made available on the Website for your convenience.

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