MWI Veterinary Supply Co., dba MWI Animal Health
Terms and Conditions of Use
PLEASE READ AND REVIEW THE FOLLOWING
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Copyrights, Trademarks, and IP Rights Generally
MWI service and product names are trademarks and/or service marks of MWI, it affiliates and/or its subsidiaries. These and all other names, logos and marks on this Web Site are owned or licensed by MWI and may not be used by you without express prior written permission from MWI.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on this Web Site in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the copyright owner or 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 this Web Site; (4) your address, telephone number, and e-mail address; (5) a written 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; and (6) a statement by you, made under penalty of perjury, that the information in subsections (1) – (5) above in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its/their behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MWI actual knowledge of facts or circumstances from which infringing material or acts are evident. Claims of copyright infringement can be sent to the following address:
MWI Veterinary Supply Co.
3041 W. Pasadena Drive
Boise, ID 83705
Attn: General Counsel
We suggest that you consult your legal advisor before filing a copyright infringement notice. You should note that there can be penalties for false claims under the DMCA.
User-Provided Information and User-Generated Content
Any questions, comments, feedback, suggestions, ideas, or the like (collectively, “Feedback”) you provide through this Web Site is without obligation of any kind, and MWI will be free to reproduce, use, disclose and distribute such Feedback to others without limitation. You agree to grant, and do hereby grant, to MWI a non-exclusive, royalty-free, worldwide, perpetual license, with the right to use, sublicense, reproduce, distribute, create derivative works of, publicly display and publicly perform any Feedback, including any materials and other information (including, without limitation, ideas for new or improved products and services) you submit to MWI through this Web Site (including through e-mail, bulletin boards, forums or news groups) by any means and in any medium. To the extent permitted under the Privacy Statement accessed by clicking www.mwiah.com/Privacy-Policy, you also grant to MWI the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising and promotional material related to it. You agree that you will have no recourse against MWI for any infringement or misappropriation of any proprietary right in your Feedback and communications to us.
Inclusion of Other Notices and Terms
Links in this Web Site may allow you to leave MWI’s Web Site or be sent to another third-party’s website. Third-party linked sites are not under the control of MWI and MWI is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. MWI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or adoption by MWI of the linked site. You are responsible for taking precautions to ensure that whatever you select for your use is free of such items as infection viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties and other items of a harmful or destructive nature. It is also your responsibility to review the privacy statements on any linked sites as their privacy rules and standards may be different than MWI’s and MWI is not responsible for their privacy statements or practices. You should also review the terms and conditions of any linked sites. MWI welcomes bookmarks and links to its Web Site for lawful purposes. You are free to establish a hypertext link to this Web Site as long as the link does not state or imply any sponsorship or endorsement of your site by MWI or any of its affiliates. MWI reserves the right, in its sole discretion at any time, to deny any request, or rescind any permission granted, to link to this Web Site and to require termination of any such link to this Web Site. You may not frame any content of this Web Site or utilize any framing techniques in any way, including but not limited to enclosing any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), without MWI’s prior written consent. You may also not incorporate any intellectual property contained on this Web Site or owned by MWI or its licensors. You may not use any meta tags or any other “hidden text” utilizing MWI’s name or trademarks without the express written consent of MWI. IN NO EVENT WILL MWI, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS INTERRUPTION DAMAGES EVEN IF MWI OR ITS REPRESENTATIVES HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THE LINKED SITES SET FORTH IN THIS SECTION.
Use of this Web Site may (i) require compatible devices (e.g., personal computer, mobile phone, tablets and other consumer electronic devices), Internet access or Wi-Fi, certain software and wireless plans with necessary wireless data features; (ii) require periodic updates; and (iii) be affected by the performance of the factors set forth herein. Your use of mobile device features may result in increased charges from your wireless carrier.
Limits on Accuracy
This Web Site is as a service by MWI to provide information about its products and services. MWI makes reasonable efforts to make information contained on this Web Site accurate at the time it is created. However, information may become outdated over time. It is important that you rely on the advice of an appropriate professional when interpreting and using this information. Nothing contained on this Web Site is to be construed as medical, legal, investment, financial or other advice, or any instruction or guidance regarding any products supplied or distributed by MWI. The information on this Web Site is not intended to be a substitute for such advice. MWI makes no warranties or representations as to the accuracy of any information on this Web Site, including with respect to product pricing and descriptions. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, MWI has the right to refuse or cancel (i) any orders placed for products listed at the incorrect price or incorrect information, and (ii) any such orders whether or not the order has been confirmed and invoiced. If you have already been charged for the purchase and your order is canceled, MWI shall issue a credit to your account in the amount of the charge. All users agree that all access to and use of this Web Site is at their own risk. Information on this Web Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. MWI may also make improvements and changes in the products and services described in this Web Site at any time without notice.
Forward Looking Statements
Material on this Web Site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements and phrases may include words like “believe”, “estimate”, “anticipate”, “plan”, “predict”, “may”, “hope”, “can”, “will”, “should”, “expect”, “intend”, “is designed to”, “with the intent”, “potential”, or the negative of these words or such other variations thereon or comparable terminology. The absence of any such word does not mean that a statement is not forward-looking. The absence of any such word does not mean that a statement is not forward-looking. Forward-looking statements are intended to communicate expectations regarding future events. MWI’s actual performance or conditions may differ significantly from such statements. By nature, forward‑looking statements involve risk and uncertainties and sometimes turn out to be wrong or inaccurate. You should not place undue reliance on any such statements. Factors that can affect accuracy of forward-looking statements are included in AmerisourceBergen Corporation’s, MWI’s parent company, periodic filings with the SEC, including its most recent Form 10-K. MWI and AmerisourceBergen have no obligation to update or revise the statements made herein or the factors referred to herein.
Products/Programs Not Available Everywhere
Information MWI publishes on this Web Site may contain references or cross-references to MWI products and services that are not announced or available in your locale. Such references do not imply that MWI intends to announce such products or services in your locale. To ensure that you have current and accurate information about products and services of interest to you, please contact your local MWI representative.
No Access by Programs; Services
No software, application, program, software as a service, website or other service, other than an internet browser meeting MWI’s minimum system requirements, (collectively, “Program”) may access or be used to access the Web Site or any Content, including any portion protected by a username or password, without MWI’s prior written consent. The use or access of the Web Site or any Content by any Program will be deemed to be a use by the provider or owner of such Program as well as the user of such Program. You may not use the Web Site to provide any information or services to any person or entity, including entities who have an account with MWI.
No Unlawful or Prohibited Use
As a condition of your use of this Web Site and Content, you agree not to use this Web Site or its Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use this Web Site or its Content in any manner that could damage, disable, overburden, or impair any MWI server, or the network(s) connected to any MWI server, or interfere with any other party’s use and enjoyment of this Web Site and its Content. You agree not to attempt to gain unauthorized access to this Web Site, other accounts, computer systems or networks connected to any MWI server or to this Web Site, through hacking, password mining or any other means. You also agree to not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this Web Site or its Content.
You also agree that you will not use any portion of the Web Site or any Content for or in connection with offering any Programs not approved by MWI in writing. For example, purchasing platforms, organizational tools and price comparison Programs may not use any portion of the Web Site, Content or other MWI company information to provide, or in connection with the provision of, any Programs, information or services.
Limited Access; Password Protected Portions
To use certain features of the Web Site that are protected by a username and password, you must submit an account application to, and be accepted by, MWI for an account with MWI. When submitting your account, you must provide accurate and complete information, and agree to MWI’s Terms of Sale. If there is a conflict between the Terms of Sale and this Agreement, the Terms of Sale govern.
Your right to access those parts of the Web Site or any Content that are protected by a user name or password is personal to you and your business as listed on your account with MWI. You may not share or give your account information, user name or password to any other person or Program without MWI’s permission. You may never use an account of another person without MWI’s permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you share your account, MWI has the right to immediately suspend or terminate your account and your access to the Web Site or terminate any Program’s or third party’s access to your account on the Web Site. You must notify MWI immediately when you learn of any breach of security or unauthorized use of your account. Although MWI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MWI or others due to such unauthorized use, including money damages.
Only employees of an account holder may access the account or password protected parts of the Web Site or Content of that account holder. You may not access any part of the Web Site on behalf of a third party. Further, no third party or Program may use an account holder’s username or password or access or use the account or password protected portions of the Web Site or Content of an account holder, even if such third party is an agent, independent contractor, service provider, supplier or proxy of that account holder. If you do not have an account in your name with MWI, or if you have not been granted access to the Web Site in writing by MWI, you are prohibited to access any part of the Web Site that is protected by a user name or password.
Disclaimer and Limit on Damages
You understand that MWI cannot and does not guarantee that Content available from or on this Web Site will be free of infection, viruses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Web Site for the reconstruction of any lost data. You assume all responsibility and risk for your use of this Web Site, including your responsibility to evaluate the accuracy, completeness and usefulness of all material and reports provided through or generated by this Web Site. MWI does not warrant that this Web Site will be uninterrupted or error-free or that defects in this Web Site will be corrected. Content, including any software provided on this Web Site and related communications, are provided “as is” for information purposes only and MWI makes no guarantee or warranty with respect to correctness, reliability, accuracy or appropriateness of the material or the results obtained from the use of the services provided on this Web Site. You agree that use of this Web Site is at your own risk. In addition, all warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose (even if MWI or its authorized representatives have been advised of the possibility of any such purpose), or non-infringement. MWI has no obligation or duty to update any information on this Web Site.
IN NO EVENT WILL MWI, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSOCIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DISTRIBUTING THIS WEB SITE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF MWI OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ATTRIBUTABLE TO USE OF THIS WEB SITE, INCLUDING ANY DAMAGES DUE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEB SITE OR CONTENT OR OTHER MATERIAL DOWNLOADED THROUGH OR HYPER LINKED FROM THIS WEB SITE. IN ANY EVENT, THE TOTAL OF ALL DAMAGES, INCLUDING DIRECT DAMAGES (WHETHER GROUNDED IN CONTRACT, TORT OR OTHERWISE) ARISING UNDER OR RELATED TO THIS WEB SITE, OR THE RESULTS OBTAINED THEREFROM, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL SUMS PAID BY YOU TO MWI FOR SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE DURING THE ONE (1) MONTH PRIOR TO THE DATE ON WHICH SUCH DAMAGES WERE FIRST INCURRED, OR IF YOU DO NOT PAY FOR ANY SERVICES RENDERED OR PRODUCTS PROVIDED TO YOU THROUGH THIS WEB SITE, $100. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, MWI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By using the ordering system set forth on this Web Site, you acknowledge that MWI is not the manufacturer of any such products, and EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR ANY OTHER AGREEMENT ENTERED INTO BETWEEN YOU AND MWI, INCLUDING THE TERMS OF SALE, MWI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, FOR PRODUCTS AND SERVICES. No oral or written information provided by MWI, its employees or other representatives will create any such warranty.
You agree to indemnify, defend and hold harmless MWI and its affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any information you provide, your use of the Web Site or Content or from any violation of this Agreement by you.
Waiver and Release
You hereby release and forever waive any and all claims you may have against MWI, its affiliates, subsidiaries, officers, directors, employees, agents, associates, representatives and suppliers for losses or damages you sustain in connection with your use of this Web Site. This waiver may not apply to gross negligence by MWI or any other claims that cannot be lawfully waived or limited.
Term and Termination
Either you or MWI may terminate your right to use this Web Site at any time, with or without cause. MWI may terminate, suspend or discontinue any functionality or feature of this Web Site at any time without notice. We will not be liable to you or any third party for any such termination. Further, MWI may immediately suspend or terminate the availability of the Web Site and Content, in whole or in part, to any Program, individual or group or everyone, for any reason, in MWI’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Web Site or Content, or upon notice from MWI, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue all access or use of the Web Site or Content. The provisions of this Agreement, which by their nature should survive your suspension or termination, will survive. However, if you have an agreement with MWI that provides for the operation of such functionality, MWI will continue employing such functionality subject to the terms and conditions of that agreement.
To the extent there is a conflict between any provision of this Agreement and any present law or regulation contrary to which the parties may not agree, such law or regulation will prevail; however, in such event, the affected provisions will be limited only to the extent necessary to bring them within the requirements of the law and to otherwise carry out the purposes of this Agreement. By accessing or using this Web Site, you agree it is intended to be accessed and used only within the United States, and will be only construed according to United States law. Any access or use from other locations is subject to your compliance with all applicable local laws, and MWI will not be held responsible or liable for your use of this Web Site in such other locations. MWI makes no representation that material on this Web Site is appropriate outside the United States. Information concerning pharmaceutical distribution services applies only to services provided within the United States and is subject to all applicable state and local laws.
This Agreement will all be governed and construed in accordance with the internal laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between MWI and you for any purpose concerning this Agreement or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in Chester County, Pennsylvania, USA. Any claim or cause of action you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any rights not expressly granted herein are reserved to MWI. MWI’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. MWI may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign, delegate or transfer, by operation of law or otherwise, any of your rights and duties under this Agreement to any party without MWI’s prior written consent. All provisions of this Agreement will be deemed to be severable. This Agreement and its related documents supersede all prior oral and written representations and agreements, which may have been entered into by the parties to this Agreement that relate to the subject matter of this Agreement. Captions in this Agreement are intended for convenience of reference only. Words used in this Agreement, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. This Agreement will benefit, and be binding upon, the successors and assigns of the parties to this Agreement. Neither party to this Agreement will be liable for its failure to perform an obligation under this Agreement if that failure results from any cause, except financial, beyond that party’s reasonable control. Any provision of this Agreement may survive this Agreement’s termination if the provision’s context shows that the parties to this Agreement intended the provision to survive.
MWI Veterinary Supply Co.
3041 W Pasadena Drive
Boise, ID 83705
© Copyright MWI Veterinary Supply Co. 2018