Terms and Conditions | VETgirl Veterinary Continuing Education

  1. Terms and Conditions

     Thank you for visiting the website of VETgirl, LLC (VETgirl) at http://vetgirlontherun.com (the “VETgirl website”). By visiting the VETgirl website, submitting data to VETgirl, and/or accessing the services and products on the VETgirl Website, you agree to the following Terms and Conditions, including the VETgirl Privacy Policy, as amended from time to time (the “Terms and Conditions”):

    1. License.  We grant you a nonexclusive nontransferable license to use the VETgirl website and the services therein subject to the terms hereof for a period beginning on the date of acceptance of these Terms and Conditions and ending on the earlier of: (a) the date we notify you of our termination of these Terms and Conditions; or (b) the date you notify us of your termination of these Terms and Conditions.  It is your responsibility to properly protect your login information, including your username and password, from use by third parties. Licenses for viewing any Continuing Education Program (“CE”) and listening to Podcasts will be subject to the terms of the applicable subscription or one-time purchase.
    2. Conduct. You agree: (a) to use the VETgirl website and services and products therein only for lawful purposes and in compliance with all applicable state, federal, or international laws, regulations, or other government requirements; (b) not to transmit any material that encourages conduct that could constitute a violation of such laws, regulations or requirements; and (c) not to upload any file containing malware, or any file that infringes the intellectual property or other rights of any third party or that is inappropriate in any way.
    3. Trademarks and Copyrights. Unless otherwise noted, the materials and works contained on the VETgirl website, including the VETgirl trademarks and logos, are owned by VETgirl with all rights reserved.
    4. No Reproduction or Resale. You are not authorized to use any intellectual property owned by VETgirl for resale to any other person or entity. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any intellectual property, information, software, products, or services obtained from the VETgirl website. You may, however, stream or download, where specifically permitted, podcasts, videos and/or related materials from the VetGirl website for your personal, educational, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices.
    5. No Unlawful, Prohibited, or Reckless Use. As a condition of your use of the VETgirl Website and the services and products therein, you warrant to VETgirl that you will not use the VETgirl website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the VETgirl website in any manner that could damage, disable, overburden, or impair the VETgirl website or interfere with any other party’s use and enjoyment of the VETgirl website.  You may not use the VETgirl website in any manner that could jeopardize your safety or the safety of others, including texting, streaming, e-mailing, or surfing the VETgirl website while driving, running, or participating in other activities that require your attention to safety.
    6. Notification of Claimed Copyright Infringement. Pursuant to 17 U.S.C. Section 512(c)(2) of the Copyright Act, VETgirl designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

     
    Name:  Dr. Garret Pachtinger
    Title: Program Director, Educational Services
    Phone Number: 858-859-1838
    Email: info@VetGirlontherun.com
    Address available upon request

    1. Indemnification. If anyone brings a claim or threatened claim against VETgirl arising out of your actions or use of the VETgirl website or the services and products therein, or anyone else’s use thereof through your account, you agree to indemnify and hold VETgirl , its parents, subsidiaries, affiliates, managers, officers, agents, independent contractors, and employees harmless from any claim or demand, including reasonable attorney’s fees and costs at arbitration, through trial or on appeal, in addition to all other sums provided by law.
    2. DISCLAIMER OF WARRANTIES. THE VETGIRL WEBSITE, INCLUDING ITS SERVICES AND PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. YOUR USE OF THE VETGIRL WEBSITE, INCLUDING ITS SERVICES AND PRODUCTS, IS AT YOUR OWN RISK. VETGIRL DISCLAIMS ALL WARRANTIES regarding the accuracy, safety, and/or completeness of the information contained IN THE VETGIRL WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VETGIRL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WHILE WE TAKE REASONABLE PRECAUTIONS AGAINST INFECTION OF THE VETGIRL WEBSITE BY MALWARE, WE CANNOT GUARANTEE THERE WILL BE NO SUCH INFECTION. NOR CAN WE GUARANTEE THAT THE VETGIRL WEBSITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN SUCH JURISDICTIONS.  The VETGIRL WEBSITE AND THE SERVICES AND PRODUCTS THEREIN are intended for THE EDUCATION OF veterinary professionals only and are not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. These materials are intended to provide information for educational purposes only AND ARE THE EXPRESSES INTERPRETATIONS OF VETGIRL AND/OR ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND AGENTS.  You should not rely on information from The VETGIRL WEBSITE AND THE SERVICES AND PRODUCTS THEREIN in place of PEFORMING YOUR OWN MEDICAL RESEARCH, VERIFYING ALL INFORMATION AGAINST VETERINARY LITERATURE, AND/OR seeking professional advice and assistance.  YOU are responsible for confirming all medical information such as drug doses and medical accuracy against veterinary literature as needed.
    3. LIMITATION OF LIABILITY. WE DO NOT GUARANTEE THAT THE VETGIRL WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE VETGIRL WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. VETGIRL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE VETGIRL WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS, THE VETGIRL WEBSITE AND YOUR USE OF IT, OR THE SERVICES AND PRODUCTS THEREIN WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($199) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. Any claims arising in connection with your use of the VETGIRL WEBSITE AND any Content THEREIN must be brought within one (1) year of the date of the event giving rise to such action occurred. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, VETGIRL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE VETGIRL WEBSITE AND ITS SERVICES AND PRODUCTS.
    4. Termination. VETgirl may terminate your account, and remove and discard any of your content, at any time without notice, for any reason. We will not be liable to you or any third-party for any termination of your access to the VETgirl website.  You may also delete or disable your account at any time.
    5. Choice of Law and Exclusive Venue. You agree that all disputes arising under or related to your use or access of the VETgirl website, the products and services offered therein, and these Terms and Conditions shall be brought solely in the federal and state courts situated in the County of Ramsey, State of Minnesota.    You consent to personal jurisdiction and venue in the federal and state courts situated in the County of Ramsey, State of Minnesota.  The validity, interpretation, construction, performance, enforcement, remedies, and the rights and obligations of the parties to the VetGirl website, the products and services offered therein, and these Terms and Conditions, shall be governed and construed by the substantive laws of the State of Minnesota (without regard to the conflict of laws rules or statutes of Minnesota or any other jurisdiction that might result in the application of other law).
    6. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and VETgirl with respect to the subject matter herein and supersedes all prior oral and written agreements, promises, negotiations, commitments, representations, inducements, statements and communications.  No oral representation and no prior or contemporaneous oral or written matters extrinsic to these Terms and Conditions shall have any force or effect as to the provisions of these Terms and Conditions.  All prior and contemporaneous discussions concerning the subject matter of these Terms and Conditions have been merged and integrated into, and are superseded by, these Terms and Conditions.
    7. Modification. VETgirl reserves the right, at any time, to modify the Terms and Conditions without prior notice to you. Modifications are effective immediately upon being posted on the VETgirl website. Your continued use of the VETgirl website and the services and products therein after any amendments are posted constitutes your acceptance of the modifications. Except as provided in this paragraph, these Terms and Conditions may not be amended except by agreement in writing signed by the party against whom enforcement of the amendment is sought.
    8. Amendment.  We may amend these Terms and Conditions at any time by posting amendments on the VETgirl website, and any such amendments will be binding on you after your acceptance of those amendments by continued use of the service. You will not be allowed to continue use of the service unless it accepts any such amendments.
    9. Waiver. VETgirl's  failure to exercise or enforce any term in these Terms and Conditions will not constitute a waiver of such term.
    10. Severability. If any provision of these Terms and Conditions is declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such provision will be deemed stricken, and the Terms and Conditions will be reformed to replace that provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of the Terms and Conditions shall have the same force and effect as if such provision had never been included.
    11. Attorney’s Fees. In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of these Terms and Conditions, you agree that VetGirl shall be entitled, in addition to any other remedies provided by law or equity, to collect from you, and you agree to pay VETgirl its costs and expenses, including reasonable attorney’s fees, costs, disbursements, photocopy charges, witness fees, subpoena fees, expert witness fees, computerized legal research fees, computer forensics consulting fees, and all other expenses incurred by VetGirl, including those on appeal and in connection with the enforcement or collection of any order, award, or judgment against you, to the extent that VETgirl prevails (in whole or part) in such legal proceeding.
    12. Assignability.  The rights, responsibilities, or obligations granted or assumed with respect to these Terms and Conditions and any subscription or CE purchased by you through the VETgirl website may not be assigned by you, in whole or in part, without first obtaining VETgirl's  written consent.
    13. Rule of Construction.  It is expressly agreed by the parties to these Terms and Conditions that the rule of construction that a document should be more strictly interpreted against the person who drafted it shall not apply to any provision.
    14. Continuing Education Programs.  All CE programs offered on the VetGirl website are certified by the Registry of Approved Continuing Education (“RACE”).  A certificate for completion of CE programs will be provided to you if you: (a) successfully complete an online quiz for each CE program (with a score of at least 70% correct); and (b) certify that you are the person who actually took the quiz.
    15. Verification of Medical Information and Course Qualification.  It is your responsibility to verify that any CE course completed through the VETgirl website qualifies for CE credit in your state.  While we believe that the information contained in the VETgirl website and any CE course offered through the VETgirl website is accurate at the time it is posted to the VETgirl website, there are frequently new scientific discoveries and changes to accepted veterinary practices. Likewise, the content is the expressed scientific and medical opinion of the speaker. It is your responsibility to verify that the information provided is still accurate and up-to-date. We make no guarantee that your use of the information or techniques contained in or demonstrated in any CE course offered through the VETgirl website will be successful.  Further, reviewing of CE program materials is not a substitute for all aspects of in-person training, where the trainer is able to evaluate your skills in using the techniques demonstrated.  You are responsible for confirming all medical information such as drug doses and medical accuracy against veterinary literature as needed.

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