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Written notification of renewal is required 30 days prior to expiration of this contract. The balance is due by the expiration date, unless agreed to in writing by both parties hereto. Failure to exercise the renewal option will result in the contracted territory becoming available to other customers.
An exclusive listing is a form of advertising, and does not guarantee that a participating customer will receive new business as a result of the listing. However, the Company does redirect a significant portion of every contract dollar received towards generating business for participating customers. Vetfinder™ reserves the right to update, change or alter the terms of the exclusive listing at any time. Animal Hospitals have the right of first right of refusal on exclusive listings as long as they are available as exclusive.
The Company hereby covenants to use its best efforts to bring business to participating firms.
Advertisement fees are non-refundable; however the exclusive listing may be transferable to another licensed professional in your area providing that you obtain written consent from Company.
The contracted directory is a wholly owned subsidiary of VetFinder™. All copyrights pertaining to website content and/or photographs are the exclusive property of VetFinder™.
Failure to remit initial payment in a timely manner will result in your immediate removal from the Company's website.
If Customer is paying by check, Customer understands the check payment may be processed electronically or by ACH Debit. Upon submitting check payment, Customer agrees to electronic payment format at the frequency and amount defined within order. Any check returned from your financial institution will be subject to $30.00 processing charge.
Notice as required by this contract shall be deemed sufficiently given if delivered in person or by certified mail, return receipt requested, to the address listed for the Company.
No verbal agreements and representations will be made or honored unless memorialized by written document and signed by an authorized representative of the Company. This contract contains the entire agreement of the parties hereto.
The Company shall not be liable for any delay or failure in its performance due to acts of God, earthquake, labor disputes, change in the law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, or other difficulties that are beyond VetFinder™.'s reasonable control.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site are intellectual properties and are rigorously protected by established copyright laws. No material from this Web site or any other VetFinder™ site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way without the expressed consent of VetFinder™.
In addition, use of any automatic devices such as robots and spiders to monitor or copy our web pages or the content contained herein is strictly forbidden.
Modification of the materials for any other purpose is a violation of our copyright and other proprietary rights. The use of VetFinder™ material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary of VetFinder™
Herein refers to a discussion group, chat area, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of this Web site or any other VetFinder™ owned site. You shall not upload to, distribute through, or otherwise publish through a Forum on this Web site any content which is or could be deemed libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this Web site to become members of any commercial online or offline service or other organization is expressly prohibited.
Children under the age of thirteen may not use this site.
VetFinder™ offers no legal advice, recommendations, mediation or counseling under any circumstance. This site merely assists you in narrowing your choices in selecting the appropriate service. You are totally and solely responsible for your own selections and actions. VetFinder™ never receives any portion of professional fees and any arrangements made are strictly between you and your chosen service provider and do not involve VetFinder™ in any way.
This listing agreement is a legal agreement between VetFinder™ ("The Company", "Company" "Us" "We") and the business accepting this agreement. This agreement governs the relationship between "The Company" and the "Client". Without agreement to the terms and conditions of this agreement, you do not qualify for the services provided by "The Company".
"The Company" provides business listings across a directory of websites owned by Vetfinder™ and its affiliates. These business listings will list a phone number owned by "The Company" that will redirect to a telephone number provided by "The Client" through "The Company's" proprietary phone system. The phone system will record the inbound telephone on "The Client's" behalf and store them on the Clients administrative dashboard. The Client hereby consents to our recording of all calls routed through these telephone numbers and system. The Company reserves the right to delete all calls that are over 30 days old.
IIn consideration of the listing services that the Company is providing for the Client, the Client agrees to pay VetFinder™ a fee for each billable event as determined by the Company. A billable event is determined by the then current policies of the Company. The billable event policy can be requested by the Client at any time.
VetFinder™ will bill the Client's credit card on file following the end of each billing cycle or at which time either party terminates the contract. This billing cycle starts on the first day of the contract and the last day of that month and continues through the end of the next month. An invoice will be created and available through the Client's administrative portal each month. Any late payments will incrue an interest rate of three percent (3%) per month or the highest rate permitted by law (the lesser of the two). The client is also responsible for paying any and all reasonable expenses and attorney fees that are incurred in collecting late or overdue payments.
This agreement begins on the date it is signed and will remain in force until either party terminates the contract in accordance with the termination policy described herewith in. The Client may request that the service and contract is terminated at any point of time by notice to the company by email, certified letter or telephone call to the Company. Any outstanding fees or balances will be collected immediately upon termination. The Company may cancel this agreement at any time for any reason as determined by the Company.
In the event that this agreement is cancelled by either party, the Client will remain responsible for any fees to any Billable Events that occurred prior to the effective termination date. The following provisions shall survive the termination of this agreement: (5.Survival) (6.Disclaimer and limitation of liability) (7.indemnification) (8.General Provisions).
This agreement and the services provided by VetFinder™ are based on and supplied on an as is and as available basis. The Company (to the fullest extent under applicable law) makes no, disclaims all, warranties, guarantees, and representations whether express, implied, oral or otherwise. VetFinder™ does not guaranty the number of appointments, calls, inquiries, appointments, response rates, appointment rates, placement statistics or any other performance. The VetFinder™ websites and affiliate websites may have errors, limitations, bugs and or limitations. Vetfinder™ disclaims any and all express and implied warranties or guarantees that any other party’s security methods, privacy will be without interruption, downtime or bugs. VetFinder™ is not and will never be responsible for any damages (special, punitive, exemplary, consequential, incidental, or indirect) damages arising from or relating to this agreement or otherwise, including without limitation, loss of revenue, profits even if The Company has been advised of the possibility of such damages. VetFinder™ is not and will not be held liable or in breach of the agreement on account or failure to perform under the agreement as a result of causes or conditions that are out of the Company's control. VetFinder™ liability under any cause of action coming from or in connection with this agreement or otherwise is and shall be limited to the lesser of $500 or the fees faid to the Company by you pursuant to the agreement over the one month prior to the date the cause of action arose. VetFinder™ is not responsible or liable for the actions or inactions of its affiliates or sub licensees.
The client will defend, indemnify and hold harmless the company andits affiliates and their officers, directions, members, managers, employees, sublicensees, contractors and agents from (and against) all claims, losses, actions, fines, damages, expenses (including reasonable legal and attorney expenses and fees) arising from or related to any breach of the agreement by the client, violation of any regulations or laws in connection with this service and agreement, copyright infringement or any kind (trademark, name, trade name, service mark, copyright, license, intellectual property), any user dispute with the Client, any injuries or suffering by a user at your place of business or any other user related issue.
Client agrees to keep confidential all terms and conditions of this Agreement or the amount of fees paid to the Company except to the Client's professional advisors or as necessary to comply with any laws or regulations. The Company will receive all notices at 1 Baystate Rd, Lynnfield MA. This agreement and any disputes directly or indirectly arising from this agreement shall be governed by and construed in accordance with the laws of Massachusetts without regard to its choice of law provisions.
If you have questions or concerns regarding this statement, you should first contact Company at the email address or postal address specified on the Website.
Our primary goal in collecting personally identifiable information is to provide you with the products and services made available through the Website, including, but not limited to our services, to communicate with you, and to manage your registered user account, if you have one.
Information Collected Upon Registration: If you desire to have access to certain restricted sections of the Website, you will be required to become a registered user, and to submit certain personally identifiable information to Company. This happens in a number of instances, such as when you sign up for our services, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your full name, username, password, email address, address, time zone, telephone number, credit card number, birth date, marital status, gender, Occupation, Education, Pet Name, Pet Age, Pet Gender, Pet Breed, Pet Medications, Pet Health History and other information that you decide to provide us with, or that you decide to include in your public profile.
Use of Contact Information: In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.
Log Data: When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Website and of our Service, and for the Website’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Other Technologies: Other technologies used include clear GIFs. Clear GIFs also known as web bugs, beacons or tags, are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
Opt Out: You may opt out of the Google Analytics for Display Advertising and customize Google Ad Networks by visiting: Google.com/settings/ads
Service Providers: We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Law Enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Company or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.