VetConnect PLUS Terms of Service

Attention: Please read the terms of service set forth below (the “Terms of Service” or “this agreement”) carefully before using this website. These Terms of Service may have changed since your last visit to this website. Using this website indicates that you accept these Terms of Service and understand that you are entering into a legally binding agreement with IDEXX Distribution, Inc., d/b/a IDEXX Computer Systems (“IDEXX”, “we” or “us”). If you access or use this website as an employee or agent on behalf of another person or organisation, you also agree to these Terms of Service on behalf of that person or organisation and you represent and warrant that you have the authority to bind that person or organisation to these Terms of Service. If you do not accept these Terms of Service, do not use this website.

Acceptance of Terms of Service

When using or registering with this website (www.vetconnectplus.com.au) or any Service (as defined in Section 2 below) made available on this website, including, without limitation, the laboratory ordering or telemedicine services, you agree to be bound by these Terms of Service, by and between IDEXX and you. These Terms of Service may be updated by IDEXX from time to time without notice to you. You may review the most current version of the Terms of Service at any time at www.vetconnectplus.com.au. You understand and agree that your continued access to or use of the Service after any modification to these Terms of Service indicates your acceptance of the modified Terms of Service. You are responsible for maintaining the confidentiality of your account and any login passwords. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You further agree and acknowledge that the entity on whose behalf you have represented to IDEXX that you are authorized to act, and any representatives of such entity, shall be responsible for all uses of your account. In addition, when using certain portions of the Service, you shall be subject to any posted guidelines or rules applicable to such Service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

Description of Service

The VetConnect PLUS service and any other services made available on this website (collectively referred to as the “Service”) provide or may provide users with access to online resources, including, without limitation, online laboratory and in-clinic diagnostic results reporting, laboratory ordering, telemedicine consultation results, medical and product references, access to electronic images, current articles and abstracts, various communications tools, online forums, personalized content, and e-mail capabilities. Unless explicitly stated otherwise, any new features or properties that augment or enhance the current Service shall be subject to the Terms of Service. You understand and agree that the Service is provided on an “as is” and “as available” basis and that IDEXX assumes no responsibility for the accuracy, availability, timeliness, deletion, or mis-delivery of, or failure to store, any user communications, data or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. IDEXX provides the necessary information and documentation to many practice information management systems (PIMS) providers in order for them to connect their PIMS directly to the Service and transmit laboratory work requests, results and related data. If your PIMS is equipped to connect to the Service, and you elect to use the Service through it, you may be required, at your cost, to purchase additional hardware or software in order to do so. Any medical recommendations contained in the medical and product references or current articles and abstracts are intended to provide general guidance only. As with any diagnosis or treatment, you should use clinical discretion with each patient based on a complete evaluation of the patient, including physical presentation and complete laboratory data. With respect to any drug therapy or monitoring program, you should refer to product inserts for a complete description of dosages, indications, interactions and cautions. Any reference laboratory results displayed through the Service will be in a simplified report format and a full Test Report will continue to be available to you for all analyses received by IDEXX Reference Laboratories.

Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information as prompted by the Service’s registration form (such information being the “Registration Information”) and (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IDEXX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDEXX has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of this website and the Service is restricted to licensed veterinarians and their staff and employees of companies engaged in the provision of animal health products and services.

Fees and Terms of Payment

Your use of the Service may be subject to certain fees, and some premium portions of the Service may require an additional or higher fee. If applicable, such fees will be posted on this website and may be changed at any time without notice. All fees are exclusive of all taxes and duties of any kind, all of which must be paid by you. Payment terms shall be net cash on or prior to delivery of the Service, except that payment terms may be net thirty (30) days from date of invoice if you are granted credit terms by IDEXX, in its sole discretion. IDEXX reserves the right to change payment terms at any time or to revoke credit previously extended, if any. All payments due are charged or billed directly to a credit card provided by you. Without limiting the generality or applicability of any other rights of IDEXX specified in the Terms of Service, IDEXX reserves the right to cease the Service or any portion thereof if charges to your credit card are denied or you otherwise fail to make any payment due. You shall also pay or reimburse IDEXX for all costs and expenses (including reasonable attorneys’ fees) incurred or paid by IDEXX in enforcing your obligations hereunder.

Privacy Policy

IDEXX’s collection, use and disclosure of Registration Information and certain other information about you, and information that you provide about your clients, is subject to IDEXX’s Privacy Policy. For more information about how we collect, use and disclose information (including personal information), please see our full Privacy Policy at www.vetconnectplus.com.au. Any reference to “this website” in the Privacy Policy also shall mean “this Service”. In the event that there is a conflict between the Terms of Service and the Privacy Policy, the Terms of Service shall prevail to the extent of the conflict. The Privacy Policy may be modified from time to time to reflect changes in the way we collect, use and disclose information or changes in privacy-related laws, regulations, and industry standards. We will provide reasonable notice of material changes to the Privacy Policy, including via links posted on IDEXX websites. You should view the Privacy Policy online from time to time to review the then-current policy.

Google Servers and Google Privacy Policy

To enable your use of the Service, IDEXX will make use of a web-based application infrastructure and data storage service provided by Google Inc. (“Google”), a third-party provider of such services. Accordingly, by using the Service, you acknowledge, and consent to the disclosure and transfer to, and continued storage of your diagnostic practice data by, Google. The storage of your diagnostic data by Google is subject to the then-current Google privacy policy, available at http://www.google.com/policies/privacy/, and IDEXX’s Privacy Policy referenced above. You should view the Google privacy policy online from time to time to review the then-current policy.

Account Registration and Security

You will receive one or more passwords and one or more account designations upon completing the Service’s registration process and from time to time. You are responsible for maintaining the confidentiality of the password(s) and account designation(s), and are fully responsible for all uses and activities that occur under your password(s) or account designation(s), whether or not actually or expressly authorized by you. You agree to (a) immediately notify IDEXX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IDEXX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted, e-mailed or otherwise transmitted as a result of or in connection with your use of this Service (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IDEXX, are entirely responsible for all Content that you and your employees, agents, contractors and representatives, and all persons otherwise using the Services under your password(s) or account designation(s) (whether or not actually or expressly authorised by you), upload, post, e-mail or otherwise transmit via the Service. IDEXX does not control the Content posted via the Service by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IDEXX be responsible or liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available, displayed, uploaded, posted, e-mailed or otherwise transmitted via the Service.

You agree to not use the Service to:

  1. upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way, or upload, post, e-mail or otherwise transmit any Content that concerns minors in any way without the express written permission of the relevant minor’s parent or guardian;
  3. impersonate any person or entity, including, but not limited to, an IDEXX employee, agent or representative or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
  7. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas, if any, that are designated for such purpose;
  8. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
  12. “stalk” or otherwise harass or bully another; or
  13. collect or store personal data about other users.

Use and Handling of Content

You acknowledge that IDEXX does not pre-screen Content, but that IDEXX and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete or move any Content that is available via the Service. Without limiting the foregoing, IDEXX and its designees shall have the right to remove any Content that it believes in its sole discretion violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IDEXX or submitted to IDEXX, including without limitation information in the Service.

During the term of this agreement, you grant IDEXX a royalty-free, worldwide, non-exclusive, fully sublicensable license to access, edit, modify, adapt, translate, exhibit, publish, transmit, disclose, transfer , reproduce, create derivative works from, distribute, perform, display and otherwise use your Content, including through your PIMS, and including any client data that is included in your Content, and to combine or associate your Content with any other of your data that IDEXX or its affiliates are permitted to use, for the purposes of (a) providing you with analyses of your clinic’s performance and utilization either on a stand-alone basis or in comparison with other de-identified clinics, (b) monitoring, troubleshooting, and diagnosing the Service, (c) backing up and storing your Content, (d) aggregating your Content with other data (including data from other practices) for research and analysis, and (e) otherwise providing the Service to you. You acknowledge and agree that IDEXX may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms of Service; (c) arrange for, collect and process payment, (d) respond to claims that any Content violates the rights of third-parties; (e) protect the rights, property, or personal safety of IDEXX, its users and the public; or (f) provide the Service. You also acknowledge and agree that de-identified aggregated data may continue to be used by IDEXX following the termination or expiry of this Agreement. In addition, you acknowledge and agree that IDEXX may, in order to optimize your user experience with the Service, use an analytics tool to track usage of the Service at the practice or user level. Except as otherwise provided in this agreement, IDEXX does not share your Content with third parties except in a de-identified format. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. IDEXX will never make your Content available to a list broker or any other party who desires to use your Content to contact either you or your clients, except with your specific written permission. Any personal information possessed by you provided to IDEXX is controlled primarily by IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092, USA, and will be stored in the United States, in accordance with US law and this Agreement. IDEXX has implemented technical and organizational measures designed to protect your Content against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.

You agree to appropriately manage and control the personal information of your clients, employees, agents, contractors and representatives (“Data Subjects”) as your sole responsibility. In this regard, you understand that the Services do not require the use of certain personally identifiable information of a Data Subject, such as social security or other national identification numbers or credit card numbers, and you should not enter such information in the Service. You warrant that (a) you will obtain all necessary prior consents from, and will provide all necessary notifications to, such Data Subjects, in order for you and IDEXX to comply with any applicable privacy laws in respect of IDEXX’s provision of the Services and IDEXX’s dealing with personal information as set out in this agreement, prior to making such personal information available to IDEXX in connection with this agreement; and (b) you will notify all Data Subjects at or before the time that their personal information is entered into the website or any part of the Service that their personal information will be disclosed to IDEXX and dealt with by IDEXX in accordance with the IDEXX Privacy Policy which is available at www.vetconnectplus.com.au. . In the event that your Data Subject lodges a complaint against IDEXX or you or a dispute arises between your Data Subject and you or IDEXX in connection with the management and control of such Data Subject’s personal information, you agree to resolve such complaint or dispute at your sole responsibility and to release and hold IDEXX harmless from any damage, liability or loss, except in cases where you establish such complaint or dispute arises directly as a result of any gross negligence, fraud or wilful misconduct of IDEXX.

In addition, if you request additional services from IDEXX that require the use of IDEXX Secure Connection to extract data from your PIMS, including but not limited to practice performance reports and other data services, then the additional terms attached as Exhibit A hereto shall apply.

If you are an individual located in Australia and enter your personal information into the website or any part of the Service, you also agree that IDEXX is not required to ensure that any of its service providers located outside of Australia handle your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth), and you nevertheless consent to IDEXX disclosing your personal information to such service providers. However, where practicable in the circumstances, IDEXX will take reasonable steps to seek to ensure that service providers located outside of Australia use and disclose personal information in a manner consistent with our Privacy Policy.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and the shipment of products exported from the United States or the country in which you reside.

Public Content Posted to the Service

For purposes of the Terms of Service, “publicly accessible areas of the Service” are those accessible to all subscribers. By way of example, a publicly accessible area of the Service would include forums, classified advertisements, public chat rooms, but would not include private e-mails, laboratory results, online orders or correspondence with distributors. With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant IDEXX the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Indemnity

You agree to indemnify, defend, release and hold IDEXX, and its subsidiaries, affiliates, officers, agents, designees, co-branders or other partners, and employees, harmless from any claim, demand, action or proceeding, including reasonable attorneys’ fees and legal disbursements, made by any third party (including any regulatory fine or penalty imposed by a governmental agency or judicial body) due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another. You agree that IDEXX may, at your expense, assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of IDEXX. IDEXX will use reasonable efforts to notify you of any such claim, demand, action or proceeding upon becoming aware of it.

No Resale of Website

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, this website or any portion of this website, use of the Service, or access to this website or the Service.

General Practices Regarding Use and Storage

You acknowledge that IDEXX may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be made available for your use, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that IDEXX has no responsibility or liability whatsoever for the deletion or failure to store for any reason any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that IDEXX reserves the right to log off accounts that are inactive for an extended period of time or that do not comply with the terms hereof in IDEXX’s sole discretion. You further acknowledge that IDEXX reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Service

IDEXX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IDEXX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that IDEXX, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if IDEXX believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. IDEXX may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms of Service may be effected without prior notice, and acknowledge and agree that IDEXX may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that IDEXX shall not be liable to you or any third-party for any loss or damage caused by termination of your access to the Service.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, distributors, product providers, service providers, and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individual or entity. You agree that IDEXX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such individuals or entities on the Service.

Links

The Service may provide, or third parties may provide, links to other websites or resources. Because IDEXX has no control over such websites and resources, you acknowledge and agree that IDEXX is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that IDEXX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.

IDEXX’s Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IDEXX or by applicable law or rights holders, you agree not to reproduce, adapt, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Subject to your ongoing compliance with this agreement, IDEXX grants you a personal, nontransferable and non-exclusive right and license for the term of this agreement to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy (unless authorised by law), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by IDEXX for use in accessing the Service. All rights not granted herein are strictly reserved by IDEXX.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, IDEXX EXPRESSLY DISCLAIMS ALL TERMS, WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW (WHETHER UNDER STATUTE, COMMON LAW OR OTHER LAW, CUSTOM OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO ANY APPLICABLE IMPLIED TERMS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (B) IDEXX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDEXX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. IN THE EVENT YOU USE YOUR PIMS TO SEND DATA OR CONTENT TO IDEXX OR TO RECEIVE DATA OR CONTENT FROM IDEXX, IDEXX MAKES NO REPRESENTATION AS TO THE PERFORMANCE OF YOUR PIMS OR ITS INTERPRETATION OF DATA OR CONTENT PROVIDED BY IDEXX.

Limitation of Liability

EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, IN NO EVENT WILL IDEXX, ITS AFFILIATES, SUPPLIERS, LICENSORS, OR OTHER THIRD PARTIES MENTIONED IN THIS AGREEMENT OR AT THIS WEBSITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFIT OR USE, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS, GOODWILL, DATA OR EQUIPMENT, OR FOR BUSINESS INTERRUPTION ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY INTERNET WEBSITES LINKED TO THIS WEBSITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

EXCEPT AS AND TO THE EXTENT PROVIDED UNDER APPLICABLE LAW FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE , IDEXX’S TOTAL LIABILITY TO YOU IN CONNECTION WITH ANY AND ALL INJURIES, LOSSES, EXPENSES, DEMANDS, CLAIMS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE, FROM ANY CAUSE OR CAUSES, WHETHER IN WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ONE YEAR OF THE SERVICE ON THIS WEBSITE.

IF YOUR USE OF THE MATERIALS OR SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Exclusions and Limitations

THE DISCLAIMERS AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS AGREEMENT DO NOT AFFECT YOUR RIGHTS UNDER APPLICABLE LAWS TO THE EXTENT THAT THOSE RIGHTS ARE UNABLE TO BE VARIED AS SET OUT IN THIS AGREEMENT.

APPLICABLE LAW OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Choice of Law and Forum

The Terms of Service will be governed by and construed in accordance with the laws of the State of Maine, United States of America, without giving effect to its conflict of laws provisions or those of your actual state or country of residence. Both you and IDEXX submit to personal and exclusive jurisdiction of the courts located within Cumberland County, Maine, United States of America and waive any right to object to the venue on any ground.

Notice

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

Trademark Information

IDEXX possesses rights in the United States, Australia and elsewhere with respect to its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with VetConnect PLUS and the products or services described in this website. No use of any IDEXX trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of IDEXX, except to identify the products or services of IDEXX. Except as permitted by these Terms of Service, nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of IDEXX. Company, product and service names mentioned in this website that are not owned by IDEXX are trademarks or service marks of their respective owners. See www.idexx.com.au for additional IDEXX trademark information.

Copyright and Copyright Agents

IDEXX respects the intellectual property of others, and asks users of its products and services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IDEXX’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyright-protected work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the website;
  4. your address, telephone number, and e-mail address;
  5. a 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;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

IDEXX’s Copyright Agent for Notice of claims of copyright infringement on this website can be reached as follows:

By mail:
Copyright Agent
Office of General Counsel
IDEXX Laboratories, Inc.
1 IDEXX Drive
Westbrook, ME 04092
United States of America
By phone:
(207) 556-0300
By e-mail:
copyrightagent@idexx.com

General Information

The Terms of Service constitute the entire agreement between you and IDEXX and govern your use of the Service, superseding any prior agreements between you and IDEXX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of IDEXX to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. In the event that there is a conflict between the Terms of Service and the Terms of Use for all visitors to IDEXX’s public websites, the Terms of Service shall prevail to the extent of the conflict.

Violations

Please report any violations of the Terms of Service to vccontactus@idexx.com.


Exhibit A — Additional terms for IDEXX Services that use IDEXX Secure Connection

Data Services Permission and License Agreement

Permission to Use Data: The IDEXX Secure Connection Software extracts data and information from your practice information management system (the “Information”) and transmits the Information electronically to IDEXX. As the person authorized for making business decisions at your practice, you hereby agree that your performance hereunder and your participation in any program(s) administered by IDEXX or a Third Party (as defined below), if applicable, will abide by and be carried out in accordance with (i) for an IDEXX program, the terms and conditions agreed upon between you and IDEXX in a separate agreement; (ii) for Third Party programs, the terms and conditions agreed upon between you and a non-IDEXX company with whom you have entered into an agreement to share the Information (a “Third Party”); (iii) this Data Services Permission and License Agreement; (iv) the terms and conditions governing your use of your practice information management system; and (v) your privacy policy between you and your customers. Please review the terms and conditions of any specific program(s) in which you have enrolled, and services which you use, and be sure you understand how the Information will be used. This data collection is being done at your practice’s request, by your agreement with a Third Party (if applicable) and on behalf of and for the benefit of your practice. You authorize IDEXX to aggregate your Information with similar data from other veterinary practices, to enable analysis of regional and national trends, data and information. In preparing such aggregated data with your Information, IDEXX will eliminate practice-specific references that would permit identification of your practice, employees, agents, contractors, representatives or clients (pet owners). In addition, we may provide your practice’s data, without any references that would permit identification of your practice, employees, agents, contractors, representatives or clients, to other third parties, in a manner consistent with the IDEXX Privacy Policy, available at www.idexx.com.au.

Revoking Permission: You may revoke your permission to use your practice data at any time by notifying IDEXX in writing, at the following address: 2536 Alpine Drive, Eau Claire, Wisconsin U.S.A. 54703. Your revocation will be effective thirty (30) days from receipt of your written notice, and will not affect our right to use data obtained before you effectively revoked your permission. Upon revocation, IDEXX will deactivate the IDEXX Secure Connection Software and it will no longer transmit data.

License Terms: The IDEXX Secure Connection Software is licensed to you, in object-code version only, on a non-exclusive basis, and is not sold to you. Without prejudice to any other rights, IDEXX may terminate your IDEXX Secure Connection Software license immediately upon your failure to comply with the terms of this Data Services Permission and License Agreement or in IDEXX’s sole discretion by providing thirty (30) days prior written notice to you. Except as expressly set forth herein, IDEXX, or its licensors, own all right, title and interest in and to the IDEXX Secure Connection Software and any copies, including, without limitation, any copyright therein. You agree to treat any software patch, update, upgrade, modification or other enhancement that we may provide as “software” under this Data Services Permission and License Agreement and to use them only as permitted by this Data Services Permission and License Agreement. You may make one copy of the IDEXX Secure Connection Software solely for back-up purposes. You may permanently transfer your copy of the IDEXX Secure Connection Software, provided that you promptly notify us of the recipient’s name and address, you retain no copies, and the recipient agrees in writing to the terms and conditions of this Data Services Permission and License Agreement.

The IDEXX Secure Connection Software is for your internal purposes only, and you agree not to use it for the benefit of any other person (including on a time-sharing, service bureau or other basis), or for developing or modifying application programs, written materials or other products. You agree not to modify, enhance, reverse engineer, decompile, disassemble, or otherwise change or supplement the IDEXX Secure Connection Software.

Except as provided in the first paragraph of this section, you agree not to cause or permit disclosure, copying, display, loan, publication, transfer of possession (whether by sale, exchange, gift, operation of law or otherwise) or other dissemination of the IDEXX Secure Connection Software, in whole or in part, to any third party without IDEXX’s prior written consent; and you shall limit use of and access to IDEXX Secure Connection Software to such of your employees directly involved in its use. You shall take reasonable steps to safeguard the IDEXX Secure Connection Software and to ensure that no unauthorized persons have access to it and that no persons authorized to have access take any action that would violate this Agreement if you took such action yourself.

VetConnect PLUS Australia Terms of Service; Last updated:

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