H&C Animal Health Terms & Conditions
Effective Date: November 8, 2020
These Terms & Conditions (these “Terms”) apply to our websites, microsites, and mobile versions of these websites (collectively, the “Website”) that expressly adopt and display or link to these Terms, as may be revised from time to time, and that are owned, operated or controlled by H&C Animal Health, its parents, affiliates, and subsidiaries (collectively, the “Company,” “we,” “us,” or “our”). These Terms apply to those who visit and use this Website and to all services provided by the Company in connection with the Website, including, without limitation, our subscription services.
Use of Website
By accessing, browsing, and/or using the pages or services posted on the Website, you (the “User” or “you”) agree to these Terms. If you do not accept these Terms, do not use this Website. Your permitted use of the Website is limited to the standard functionality of the Website. In the event of a violation of these Terms, the Company reserves the right to seek all remedies available by law and in equity. The Company may terminate your access or use of this Website at any time, for any reason and without prior notice to you. We may at any time revise these Terms by updating this posting. You should visit this page from time to time to review these Terms to learn of and understand any changes, because they are binding on you. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
All Website Content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.
All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by the Company and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms or by virtue of User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company or the applicable rights holder.
The Website may include links to third party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked site is at the User’s own risk, and the Company will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused by or in connection with any use of or reliance on such content, or any goods or services, available on or through such site.
The Website may allow the User to upload photographs, reviews, videos, or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Company platforms. The User shall retain ownership of all User Content and hereby grants to the Company a non-exclusive, royalty-free, transferable, worldwide, irrevocable, perpetual right and license to use, reproduce, edit, modify, adapt, publish, translate, transmit, distribute, and display the User Content via the Website and related Company platforms and for the Company’s business purposes, including in its marketing and advertising materials. The User also grants to the other users of the Website and related Company platforms a non-exclusive license to access the User Content via the Website and related Company platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms. The User grants the Company the right to identify the User as the author of any such User Content by name, email address, screen name, likeness, or other identifying information, and the User acknowledges that the Company has the right, but is not obligated, to use any such User Content and that the Company may cease utilizing such User Content at any time for any reason. The User further acknowledges and agrees that it will not be entitled to any compensation in regard to Company’s use of User Content as authorized herein.
Prohibited Uses of Website
The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant the Company the license to use such content or materials as described herein. The User acknowledges that the Company has no obligation to monitor or screen User Content submitted to the Website, but that the Company shall have the right (but not the obligation) to reject, remove, or delete any User Content for any or no reason. The Company is not responsible for, and does not endorse, the opinions, views, advice, suggestions, or recommendations posted by Users.
Third Party Content
The User understands and agrees that the Company does not control and is not responsible for any Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will the Company be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.
The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by the Company to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to the Company’s systems, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden the Company’s servers or networks, or (viii) fails to comply with applicable third party terms. The User must comply with all applicable third party Terms (e.g., wireless carrier terms of service) at all times while using the Website. The Company reserves the right to, in its sole discretion, terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or the Company reasonably believes the User has engaged in or is engaging in, use that violates these Terms. The Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The Company reserves the right to change the price of any subscription service, introduce new subscription services, or remove subscription services from time to time, and will communicate any change in price or subscription service to you. Changes in prices or subscription services will take effect as of the next billing period following the date on which we provided notice to you of the change. By continuing to use the subscription service after the effective date of any such change, you indicate your acceptance of such change. If you do not agree with the change to the price or subscription service, you have the right to reject the change by cancelling your subscription prior to the effective date of the price or subscription service change.
Payment processing for subscription services is provided by ReCharge. The Company does not collect or store your payment information. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize ReCharge to charge your payment method for the total amount of recurring charges and any fees for the recurring charges in accordance with the applicable subscription terms. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your account may be suspended or cancelled.
The Company attempts to be as accurate as possible regarding product descriptions, pricing, and availability on the Website. However, the Company does not warrant that product descriptions, subscription service descriptions, or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. The Company reserves the right to revise the price, description, and/or availability of products or subscription services without notice and without liability to the User. In addition, the Company reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not intended for children under the age of 18. The Company provides the Website for use in the United States of America. The Company does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.
This Website and all content available on this Website is provided by the Company on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to those of merchantability, fitness for a particular purpose, title, noninfringement, custom, trade, quiet enjoyment, system integration, and freedom from computer virus or other harmful components. The Company does not represent or warrant that the functions contained in or on this Website will be error-free or uninterrupted, that defects will be corrected, or that the Website or the server that makes the Website will be available and free from any harmful components. The Company does not make any representations or warranties that all product descriptions, photographs, pricing, promotions, offers, availability, or information on this Website is accurate, complete, current, correct, adequate, useful, timely, reliable, error-free or otherwise. If any information in or on the Website is inaccurate, incomplete, or out of date, the Company reserves the right to correct, change, or update such information or to cancel orders related to such information without prior notice (including after you have submitted an order). You acknowledge, by your use of the Website, that you are doing so at your own risk.
Both you and the Company acknowledge and agree that no partnership is formed and neither you nor the Company has the power or the authority to obligate or bind the other.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall the Company; entities that any of the Company or any of their affiliates may acquire, purchase, or absorb in the future; and any joint ventures now existing or hereafter created by the Company or any of their affiliates; be liable to you or to any other person for any indirect, special, incidental, or consequential losses or damages of any nature arising out of, or in connection with, the use of or access to or inability to use or access this Website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the Company has been advised of or should have known of the possibility of such damages. To the maximum extent permitted by applicable law, the Company will not be liable for any damages in excess of Fifty Dollars ($50.00), or any greater amount actually paid by the User to the Company in order to access the Website, relative to claims arising from or related to these Terms or the User’s access to or use of the Website. The Company’s liability with respect to any order placed via the Website is governed by the Shipping and Return Policy.
Changes to Website
At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Changes to Terms; Updates
The Company reserves the right to change these Terms at any time, and in its sole discretion, by changing these Terms within the Website. The User’s continued use of the Website after any such changes to these Terms are made available through the Website will constitute the User’s acceptance of those changes. These Terms shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.
These Terms are governed by the laws of the State of Colorado and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Colorado for purposes of any legal action arising out of or related to these Terms or use of the Website.
Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Douglas County, Colorado, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Agreement to these Terms constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action. If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against the Company, including any right to class arbitration or any consolidation of individual arbitrations.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Colorado, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Douglas County, Colorado.