Before accessing and using the BluePearl Sites, please read the Agreement carefully, especially the disclaimers and limitations of our liability, because they constitute a legal agreement between BluePearl and you. BY USING THE BLUEPEARL SITES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. The Agreement contains provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “USE OF THIS SITE: LIMITATION OF LIABILITY AND DISCLAIMER” below for more information.
We do not intend to make changes to our terms and conditions very often but reserve the right to do so. However, it is always a good idea to double check when you visit our Site to ensure that you have read and agree with our most current terms and conditions. Any change in our terms and conditions will be prospective only. We generally do not make any changes to our terms and conditions that have a retroactive effect unless legally required to do so. Your continued use of this Site after that time will constitute your acceptance of any new or amended terms. The date these Terms were last modified is set forth at the beginning of these Terms.
All copyrights, patents and trademarks, as well as other intellectual property rights that may exist in the artwork, graphics, text, video and audio clips, trademarks, logos, HTML code, icons, photographs and other content available on this Site (“Content”) are owned by BluePearl or are used by BluePearl with permission.
Although you can copy any part of this Site to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Site into any other work, including your own web site, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our Site unless you have a license from us to do so. That also means that BluePearl retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. If you want to link to the home page of our Site on your own site, that’s permissible, but please do not use our Content in your own site. You may not deep link (i.e., link to any page other than the home page) to our Site without our specific written permission.
We will respect your rights regarding the protection of personal data, subject to the following terms, conditions and limitations:
Discussion Groups and Social Networking Services. “Forum” means a blog, discussion group, chat area, social networking service or any other bulletin board or email function provided by the Site in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this Agreement.
Member Profiles. Unless you choose to make your profile available to both members and visitors to a Forum, your profile will be displayed only to other members of that Forum. Do not give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.
Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or choose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.
Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. BluePearl does not represent or warrant the reliability, accuracy or truthfulness of that content. Although BluePearl is not obligated to do so, it may monitor Transmissions posted on the Forums. Because BluePearl does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to BluePearl at email@example.com
You may not engage in any activities through the Site which are unlawful, offensive, abusive, which violate the rights of third parties, or which inhibit other users from using and enjoying this Site. You may not monitor or copy Content on the Site, by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the Site. You agree to indemnify, defend and hold harmless BluePearl and its subsidiaries, affiliates, officers, directors, and employees from any damages, liabilities and expenses (including reasonable attorneys’ fees) arising from any third party claims resulting from, or arising out of, your use of the Site. We reserve the right to terminate your access to the Site at any time, without notice, for any reason whatsoever.
You may not use the Site: (i) for any commercial purpose, including without limitation advertisements; (ii) to solicit funds, goods or services; (iii) to solicit other visitors to the Site to join or become a member of any commercial online club, service or other organization; (iv) to post chain letters or pyramid schemes; or (v) to post a link to any website that contains or does any of the prohibited actions described in this Agreement.
If BluePearl sends you communications regarding your violations of this Agreement, you agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications BluePearl sends you concerning your participation in any Forum or any related matters or otherwise disparaging BluePearl, its services, products or business practices.
You agree not to violate or attempt to violate the security of the Site, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person’s username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to a Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
If you have chosen to access your pet’s health records or other information via the Site, you consent to receiving certain electronic pet health care records, which may be provided via a web browser or email application connected to the Internet. The information contained on the Site, if any, has been collected and/or prepared by BluePearl as a service to its visitors. While BluePearl has used reasonable efforts to verify that the information on the Site is useful to its visitors, BluePearl does not warrant or guaranty its accuracy or timeliness.
Although this Site may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You need to make your own decisions regarding third party products, services and web sites.
The Content provided on the Site is for informational purposes only. None of the content on the Site is intended to constitute medical advice, veterinary advice, or any other advice of a professional nature. The content on the Site should not be used as a substitute for professional advice. Nothing on the Site is intended to be used for medical diagnosis, treatment or any other medical service and should not be relied upon to guide or influence the medical therapy of any pet. Please be advised that nothing transmitted to or from this Site constitutes the establishment of a doctor-patient relationship between you and any professional. You should always consult your own doctor, health care professional, or other applicable professional for advice before making important personal decisions. Your reliance on the content of the Site is solely at your own risk.
For any medical emergency, immediately contact your own doctor, health care professional, veterinarian, or other applicable professional for advice. While we strive to answer most questions within one business day, due to nature of the volume of requests we receive, we make no guarantee of the time it will take to answer your question. The professionals cannot answer every question they receive or diagnose specific health conditions over the internet. Delays may occur due to an incorrect email addresses on your end or our messages to you being filtered by spam filters.
YOU AGREE THAT IN NO EVENT WILL BLUEPEARL BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF BLUEPEARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BLUEPEARL SITES.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that BluePearl would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED). THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION ON THIS WEB SITE. THERE IS NO WARRANTY THAT THIS WEB SITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
YOU AGREE THAT BLUEPEARL AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.
It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. You should send any claims or notices of infringement relating to the Site or any of its Content to firstname.lastname@example.org
If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. BluePearl enters into this Agreement on its own behalf and on behalf of each of its affiliates. Accordingly, BluePearl holds the benefit of and may enforce this Agreement on behalf of those affiliates. BluePearl reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.
This Agreement shall be governed by and interpreted under the laws of the State of Florida, irrespective of where this Agreement is made or to be performed, and irrespective of any applicable principles of conflict of laws. The venue of any dispute, controversy, litigation or proceeding (formal or informal) arising out of or pertaining to this Agreement or the subject hereof shall lie exclusively in Hillsborough County in the State of Florida. No term or provision of this Section is intended to establish a priority as between state court or federal court, for instances in which a choice of such venue is available to the parties or litigants. The parties hereto knowingly and expressly waive any rights they may have in existing venue statutes, either state or federal, to the extent that such statutes would require a different venue than otherwise provided for herein.