ALLYDVM Terms and Conditions
Last Modified: 2016.8.5
Terms and Conditions
ATTENTION: These terms and conditions (“Terms”) apply to the entire contents of the Website under the domain name www.ALLYDVM.com (“Website”) and to any correspondence between us and you. Please read these Terms carefully before using the Website. Using the Website indicates that you accept these Terms regardless of whether or not you choose to register an account with us or submit any personal information to us. If you do not accept these Terms, do not use the Website. This website is operated by ALLYDVM, Inc. (the “Company”, and also referred to as “we” and “us”).
You may access certain parts of the Website without registering your details with us or submitting any contact information to us. By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. We reserve the right to amend these Terms by posting the updated Terms on this Website.
- Additional Terms.
We have established additional terms and conditions for certain products and services. You agree to review all applicable terms and conditions relating to Company’s products and services. In the event of any conflict between these Terms and such additional terms and conditions, the additional terms and conditions govern and control. Further, if you are a customer of Company, your customer relationship is also governed by other agreements. In the event of any conflict between these Terms and such other agreements, your other agreements govern and control.
- Intellectual Property.
- Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. You are hereby granted a limited license, subject to the restrictions in these Terms, to view the material contained on the Website for your personal use. You are expressly restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; or
- using this Website to engage in any advertising or marketing.
- If you breach any of the terms or conditions in these Terms, in addition to any other rights or causes of actions that Company may have or take, your limited license to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website and no longer access the Website in any way. Any rights not expressly granted in these Terms are reserved.
- User Submitted Content.
- Inappropriate Content.
You agree not to upload, submit, transmit, or otherwise distribute any information or content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your transmission or other distribution of any such material using the Website, and, if applicable, to delete any such material from our servers.
- Links to and from Other Websites.
- Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by the Website, you do so entirely at your own risk.
- If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the content of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Company logo;
- you do not create a frame or any other browser or border environment around the Website;
- you do not in any way imply that the Company is endorsing any products or services other than its own;
- you do not misrepresent your relationship with the Company nor present any other false information about the Company;
- you do not otherwise use any Company trademarks displayed on the Website without express written permission from the Company;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- The Company expressly reserves the right to revoke the right granted in Section 4.2 and to take any action it deems appropriate.
- Warranty Disclaimer.
While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limited Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
- Severability; Waiver.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Company reserves the right in its sole discretion to terminate or restrict your use of all or any part of the Website, without notice, for any or no reason, and without liability to you or anyone else. The terms and conditions relating to ownership and use of content, indemnification, limitation of liability, warranty disclaimer, and governing law shall survive any termination.
- Governing Law and Jurisdiction.
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Georgia, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the State of Georgia in all disputes arising out of or related to the use of this website.