TERMS & CONDITIONS:
Please review VetMeds, Inc. Terms and Conditions completely before placing an order. By clicking PURCHASE or otherwise using our web site confirms your knowledge of, and agreement with our policies. You also agree to and accept our Privacy Policy, which describes how we use the information you provide to VetMeds, Inc., and is incorporated into these terms and conditions by reference. Please read the Terms and Conditions and Policy carefully as You are agreeing to be bound by them.
IMPORTANT: VETMEDSINC.COM / VETMEDSINC.BIZ TERMS AND CONDITIONS (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, AN INDIVIDUAL OR A SINGLE ENTITY (“YOU” OR “YOUR”), AND UD II, INC. D/B/A VetMeds, Inc. (“VetMeds, Inc.”) THAT SETS FORTH THE TERMS AND CONDITIONS FOR THE USE OF BY YOU OF THE VETMEDSINC.COM / VETMEDSINC.BIZ WEB SITE AND ASSOCIATED PROGRAMS, DATABASES AND ANY OTHER SERVICES, SUPPORT, OR DOCUMENTATION PROVIDED THEREWITH (THE “SERVICES”). VETMEDS, INC. LICENSES THE SERVICES TO YOU UPON THE EXPRESS CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS WEB SITE AND UTILIZING THE SERVICES HEREIN, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. EACH TIME YOU ACCESS THE SERVICES, WHETHER THROUGH THE WEBSITE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. VETMEDS, INC. IS UNWILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DECLINE TO ACCEPT THESE TERMS, PLEASE EXIT THE WEBSITE AND DISCONTINUE USE OF THE SERVICES CONTAINED HEREIN.
SERVICE TERMS:
Your access and use of the VETMEDSINC.COM / VETMEDSINC.BIZ web site (the “Site”) as well as use of any other data provided to You by VetMeds Inc. (collectively, the "System"), is subject to the terms and conditions of this Agreement, as set forth below. If you are dissatisfied with any changes to this Agreement, you may cancel your use of the Services as specified herein. The Services, consisting of access to and use of certain content, placement orders of products, and other information, and other content owned or licensed by VetMeds, Inc., and its suppliers, licencors or other third parties (collectively, the “Contributors”), is provided by VetMeds, Inc., through the Site.
THE SYSTEM AND SERVICES:
The Services consist of the Site and multiple web services thereon. By using the Services, you represent to VetMeds, Inc., that any information you upload or provide is true, complete and accurate. The Services shall also include updates, upgrades, additions, replacements and new releases of any software which has been embedded in or loaded onto the Site and any updates, upgrades, additions, replacements and new releases which are subsequently embedded in or loaded onto the Site. VetMeds, Inc., reserves the right to terminate the Services if you provide VetMeds, Inc., inaccurate or incomplete information. When you make use of the Services, the Services may collect certain other information about you and your use of the Services and convey such information to our Contributors.
RESTRICTED LICENSE:
Subject to the terms and conditions of this Agreement, VetMeds, Inc., hereby grants to you (and you accept) a non-exclusive, non-transferable license to access and use the Services solely for the purposes intended. All rights not expressly granted to you are hereby reserved by VetMeds, Inc., and or any respective Contributor. VetMeds, Inc., and each Contributor shall have the right to assert and enforce the provisions of this Section 3 directly on its own behalf. You agree to (a) abide by this Agreement and any and all licensing agreements between a Contributor and You (collectively, the “Licensing Documents”).
You represent and warrant that any third party content submitted by you is owned by you or properly licensed by you, and you acknowledge that VetMeds, Inc. will not evaluate the ownership of any information submitted by you to the Services. The Services may be suspended at any time if VetMeds, Inc., determines that information provided by You is not owned by You or infringes on VetMeds, Inc.’s., or any third party's intellectual property rights. You also acknowledge that you will be responsible for any content that you provide to VetMeds, Inc., for any reason.
PAYMENT TERMS:
We accept Visa, MasterCard, Discover, American Express, Discover, Diners Club & JCB through our secure on-line checkout process. Immediately after you click PURCHASE, Your card is charged for the entire order, including any applicable tax and shipping fees.
SALES TAX:
Applicable state and local sales tax is collected on all orders being delivered to Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, Wisconsin, West Virginia and Wyoming.
At this time we only ship within the continental United States, and do not ship to Alaska, Hawaii, PR, or any US Territories.
SHIPPING TIMES:
Most orders are processed the 4-5 business days. Please allow 7 to 14 *business days for standard FedEx delivery, excluding weekends and holidays. Most orders placed after 1 PM, EST on Friday afternoon will begin processing the following *business day.
At this time we do not accept orders being shipped to a P.O. Box.
At this time we do not accept orders being shipped to APO/FPO addresses.
At this time we expedited shipping on a individual case by case bases.
*Business Days = Monday thru Friday before 1PM, excludes weekends and any Holidays
SHIPPING TERMS:
U.S. SHIPMENTS:
Best Way Ground orders normally ship within 7 to 14 business days, excluding weekends and holidays. Please note that all orders are shipped directly from the manufacturer and may be shipped in separate packages, with no additional shipping charges. Delivery time may vary by manufacturer so please allow 7 to 14 business days, excluding weekends and holidays, for standard FedEx delivery. Orders placed after 1pm, EST on Friday will begin processing the following business day.
*At this time, we ship FedEx within the continental United States and have plans to expand our shipping options and coverage in the near future. We ship to Alaska, Hawaii, PR or any US Territories additional shipping fees will be added (Market Rates Will Apply). We also do not accept orders being shipped to a P.O. Box or APO/FPO address.
ORDERING FROM MULTIPLE MANUFACTURERS:
Orders containing multiple items from different manufacturers will be shipped separately from each manufacturer at no additional cost.
BACK ORDER ITEMS/ ITEMS NO LONGER AVAILABLE:
We will notify you via email immediately if an item is no longer available and/or on back order. You can replace the item(s) or remove it from your order at that time. All items that are unavailable and or on back order will be removed from your order within 7 business days and the remaining items will be shipped.
CHANGING AND CANCELLING ORDERS:
Before placing your order please make sure you have selected the correct color and size. We cannot modify or cancel any orders once they have been submitted. If you need assistance with your newly placed order please email us [email protected] or call us at 786-220-3634.
RETURNS AND EXCHANGES:
See our Return Policy
https://www.vetmedsinc.com/ReturnForm.aspx
DEFECTIVE MERCHANDISE:
In the event you receive merchandise that is defective, contact our customer service representative. You will not be responsible for return shipping charges and a replacement item will be sent out to you.
POLICY ON RESELLING:
You acknowledge and agree that all purchases made from VetMeds, Inc., including from this Site, are for Your individual use or use within Your organization only. No products purchased from VetMeds, Inc., may be marketed or sold as retail products. If VetMeds, Inc., discovers that You are marketing (including, but not limited to, displaying our trademarks, copying our trade dress, or mentioning our name) and reselling its products to third parties, whether in person or over the Internet, VetMeds, Inc., reserves the right to discontinue providing Services to You and to cancel any future orders placed by You. Further, in addition to the prohibition of reselling products purchased from VetMeds, Inc., You are prohibited from using, displaying or copying any of VetMeds, Inc., Intellectual Property (as defined below), images, pictures, product descriptions and any other product identifying materials or information for the purpose of reselling the products purchased from VetMeds, Inc. VetMeds, Inc., further reserves all rights to take any further legal action against you as may be available under this Agreement, in law, or in equity.
Notwithstanding the foregoing, You may be provided under a separate written acknowledgement with a license to sell VetMeds, Inc., products to third parties. In such instances, You will receive express written permission to conduct such activities. In this case, You shall take all reasonable steps to protect VetMeds, Inc., Intellectual Property rights (as described below) in marketing the products, and You will not at any time during or after such agreement, assert any claim or interest in or to anything which may adversely affect the validity or enforceability of any Intellectual Property belonging to VetMeds, Inc. You will not seek to register, seek or cause to be registered, in any jurisdiction, any of the Intellectual Property or copyrights of VetMeds, Inc., without VetMeds, Inc.’s prior written consent. You shall further obtain VetMeds, Inc.’s prior written consent for all marketing and promotional material created using VetMeds, Inc., Intellectual Property.
INTELLECTUAL PROPERTY RIGHTS:
You acknowledge and agree that VetMeds, Inc., is the owner of all rights, title and interest, including the Intellectual Property Rights (as defined below), to the Services and the Site. You hereby warrant that no information submitted to VetMeds, Inc., by You, including any customization requested on products, shall violate any Intellectual Property Right of any third party. For the purpose of this Agreement, “Intellectual Property Rights” shall mean any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated, including, but not limited to logos, “rental” rights, rights of publicity, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise; and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
VetMeds, Inc. ®, and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site or used by VetMeds, Inc., in addition to other marks not listed herein, are registered service marks of VetMeds, Inc.,. or other third parties. You may not use any of VetMeds, Inc.’s trademarks for any purpose without the express written permission of. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site may be owned by a third-party. The use on the Site of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Site or services provided by VetMeds, Inc., l by any such third party, or the participation by such third parties in the offering of goods or services through the Site.
Unless otherwise specified, the content of this Site is protected under the U.S. Copyright Act, as amended, and the copyright laws of other countries. Copyright © 2015, VetMeds, Inc., All Rights Reserved. You are only permitted to use the content as expressly authorized by VetMeds, Inc., l or the applicable Contributor. Except for a single copy made for personal use, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from VetMeds, Inc., or any applicable Contributor, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.
VetMeds, Inc. respects the intellectual property rights of others. If You or any user of this Site believes its copyright, trademark or other property rights have been infringed by any content posted on this Site, You or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall write to us at the address provided below with Attention to: DMCA Agent, VetMeds, Inc., 8950 SW 74th Court, Suite 2201, Miami, FL 33156. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.
Except as expressly provided herein, You do not acquire any rights to the Services through the purchase of products or Services or the Site. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code (i.e., the human-readable form of any computer programming code) (“Source Code”) of the components of the Services or Site, or create derivative works based thereon.
You are not permitted to: (a) remove any proprietary notices, labels, or marks on any component of the products, Services or its System (or the Services or Site generally), whether physically, in compiled machine language, or in the Source Code; (b) use the Services to provide a service bureau by which the Services can be accessed by third parties or by which information produced pursuant to the Services is sold or given to third parties; or (c) sublicense, assign, delegate or otherwise transfer this license or an of the related rights or obligations for any reason without the prior written consent of VetMeds, Inc., (any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of VetMeds, Inc., shall be voidable at VetMeds, Inc., sole and absolute discretion). Failure to comply with these restrictions will result in automatic termination of any rights provided to you under this Agreement.
PRIVACY:
PRIVACY POLICY
VetMeds, Inc., values our customers. We are committed to protecting your privacy and the information you give us. The purpose of this Privacy Policy is to explain how VetMeds, Inc., and its affiliates, contractors and partners (collectively, “Contributors”) collect, retain and use personal information that may be collected by VetMeds, Inc. when you visit our web site. We use the information you give us to process your order and make your shopping experience with us as enjoyable as possible. Except in the case of a purchase of all or substantially all of the business or assets of VetMeds, Inc., VetMeds, Inc., does not and will not sell, trade or rent your e-mail address to third parties who are not Contributors except as expressly stated herein. Certain Contributors may share information collected by VetMeds, Inc., among affiliates of the Company.
WHAT INFORMATION DO WE COLLECT?
When you order, we ask only for the information needed to process and ship your order. We need to know your name, e-mail address, phone number, billing and shipping address ((es), credit card number and expiration date. This allows us to fill and ship your order and provide you with information on your order status. Your address and e-mail address may be collected for marketing purposes. When placing your order by phone or online, you may opt out of use of your information for marketing programs. For security reasons, your credit card information will not be stored under your VetMeds, Inc. Account.
Like most web sites, this site gathers certain information automatically and stores it in log files. This information includes internet protocol (“IP”) addresses, browser types, operating system, internet service provider (“ISP”), referring/exit pages, date/time stamp of access, and clickstream data. When you visit the site, the servers automatically log your IP address, the time and duration of your visit, and the time and duration spent on the pages of the site which you view. If you arrive at the site by clicking a paid advertisement or a link in an e-mail, the server will capture information that tracks your visit from that link. If you arrive at the site by clicking on a non-paid source, such as search engine result or link on another web site, the server may capture information that tracks your visit from that source, to the extent available. VetMeds, Inc. uses this information to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about VetMeds, Inc., users as a whole.
HOW CAN YOU UPDATE OR CHANGE YOUR INFORMATION?
We want your personal information accurate and up-to-date. You may update your personal information, such as billing address and other account information, by logging into your account. Once you have logged into your account, you can update or change your account information by accessing the My Account link at the top of every page. The system will prompt you for your password. Your password should be a combination of letters and numbers to ensure the highest form of online security. Please keep your password in a safe, secure place and do not tell anyone your password. You can update or change your personal information after logging in.
USE OF COOKIES
A cookie is a unique alphanumeric identifier that web sites use to help identify the number of unique visitors to a web site, whether or not those visitors are repeat visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus and thus pose no threat to use, although third party sites may have access to the cookies on your machine depending on your browser settings. We use cookies to recognize you when you return to our website and to keep information you have set on our website accurate, such as your shopping bag. If you have items in your shopping basket and then leave our site and come back, the cookies will keep your items in the shopping basket. You can still change them or delete them. The cookies keep your information so you won't have to start over. Please note that certain important features of the site, such as the shopping bag, may not function correctly if you have cookies disabled.
WHEN WE DISCLOSE YOUR INFORMATION
To help VetMeds, Inc., provide superior service to its customers, your personal information may be shared with legal entities related to Medical Scrubs Mall who will safeguard it in accordance with this Privacy Policy. VetMeds, Inc. may make certain personal information about you available to Contributors that VetMeds, Inc. has a strategic relationship with or that perform work for VetMeds, Inc., to provide products and services to you on VetMeds, Inc.’s behalf. These Contributors may help VetMeds, Inc., process information, fulfill customer orders, deliver products to you, manage and enhance your experience, provide customer service, or conduct customer research or satisfaction surveys. These Contributors are also obligated to protect your personal information in accordance with this Privacy Policy. Without such information being made available, it would be difficult for you to purchase VetMeds, Inc., products, have such products delivered and installed, receive customer service, provide VetMeds, Inc., with feedback to improve it products and services, or access the services and other services and content on the site.
At times VetMeds, Inc. may be required by law or litigation to disclose your personal information. VetMeds, Inc. may also disclose information about you if it determines that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
VetMeds, Inc., may release the information it collects to third parties, where the information is provided to enable such third party to provide services to VetMeds, Inc., provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Policy, and is permitted to use the information only for the purpose of providing services to VetMeds, Inc., As part of our standard marketing practices, we may share your name, postal address, and summary purchase information with our affiliates.
LINKS TO THIRD PARTY WEB SITES
VetMeds, Inc. may provide links to third party web sites for your convenience and information. The privacy practices of those sites may differ from our practices and are not controlled by us nor covered by this Privacy Policy. VetMeds, Inc. does not make any representations about third party websites. VetMeds, Inc. encourages you to review the privacy policy of any third party site before submitting any personal data.
VetMeds, Inc., will not disclose personal information about your use of the Services in violation of the VetMeds, Inc., Privacy Policy (the "Privacy Policy") located at https://www.vetmedsinc.com/Privacy.aspx By using the Site and Services, You agree to the terms and conditions of the Privacy Policy and affirm that You understand and consent to any Contributor’s collection, storage, and use of Your User Information.
TERM AND TERMINATION:
This Agreement shall continue for so long as You use the Site or Services. Your rights under this agreement shall terminate when either (i) You cease to use the Site or Services or (ii) VetMeds, Inc., limits Your access to the Site or Services due to the breach of any provision contained herein. Any provision of this Agreement which imposes an obligation upon You after termination or expiration of this Agreement shall survive the termination or expiration of your rights under this Agreement.
OPERATION AND INTERNET CONNECTION:
You are solely responsible for acquiring and maintaining all computer hardware and software and other equipment, and all communications and other services needed for access to and use of the Services. VetMeds, Inc., reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including, but not limited to, the content and functionality of the Services. You are solely responsible for providing, maintaining, and troubleshooting any internet connection required to use the Services. Further, You agree that neither VetMeds, Inc., nor any Contributor is responsible in any way for Your inability to use the Services due to problems attributable to such connection.
THIRD PARTY CONTENT AND SITES:
In accessing the Services, You may be taken to a third party site. If at any point, you leave the Site to a separate third party site, You acknowledge and agree that VetMeds, Inc. has no control over any such third party sites. VetMeds, Inc., is not responsible for the availability of any such third party sites. VetMeds, Inc. does not endorse and is not responsible for any content, advertising, products, or other materials on or available from third party sites. VetMeds, Inc. will not be responsible or be liable, directly or indirectly, for any damage or loss whatsoever caused or alleged to be caused by or in connection with Your use of any third party sites.
WARRANTIES:
NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE SERVICES ARE FURNISHED “AS IS” AND WITH ALL FAULTS. VETMEDS, INC., MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. VETMEDS, INC., AND ITS CONTRIBUTORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT, ANY WARRANTY THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ADEQUATE SUPPORT FOR THE SERVICES WILL BE PROVIDED. VETMEDS, INC. DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER PROGRAM LIMITATIONS. NOR DOES VETMEDS, INC. WARRANT THAT THE SITE, OR SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
YOU SPECIFICALLY AGREE THAT VETMEDS, INC., SHALL NOT BE RESPONSIBLE FOR THE CONTENT UPLOADED TO THE SITE BY YOU, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SERVICES, ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT MEDICAL SCRUBS MALL IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
LIMITATION OF LIABILITY:
You acknowledge that VetMeds, Inc., shall not be liable to You for any direct, indirect, incidental, special, consequential, or exemplary damages (including damages for lost profits, use of user information, loss of data, business interruption and the like), whether in an action based in contract or tort, arising out of or in connection with the use of the Services and its accompanying equipment by You or by anyone who uses the Services through Your account. Notwithstanding the foregoing, the total amount of our liability to You will be limited to the amount You paid for the use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. Additionally, this provision is not intended to limit VetMeds, Inc., liability in the event of VetMeds, Inc., Mall’s willful or intentional misconduct.
INDEMNIFICATION:
You agree to indemnify and hold harmless VetMeds, Inc., and each and every Contributor and their respective affiliates, officers, directors, employees, consultants, agents, licensees and licensors from any claim, demand, or damages, including reasonable attorneys’ fees, asserted by any third party due to, arising out of, or in any way related to, the use of the Services by You. As used in this Agreement “affiliate” means any entity which controls, is controlled by, or is under common control with the named entity.
EXPORT:
You may not download, use, or otherwise export or re-export the Services or any equipment associated therewith except in full compliance with this Agreement and all applicable laws and regulations. No Services on this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
NOTICE:
Any notice required by this Agreement or given in connection with it shall be in writing and shall be effective (a) one (1) business day after it is sent to the appropriate party by personal delivery, by email or by recognized overnight courier service or (b) seven (7) business days after being sent via first class certified mail postage prepaid, return receipt requested to Your address as provided by You and to VetMeds, Inc. 8950 SW 74th Court, Suite 2201, Miami FL 33156, or to such other address as a party may provide by written notice to the other party from time to time.
GOVERNING LAW:
This Agreement shall be governed by and construed under the laws of the State of Florida, without reference to principles of conflict of laws, and any action brought by the parties to enforce or interpret any provisions of this Agreement shall be brought exclusively in an appropriate state court in Miami Dade County, Florida, or federal court in Southern District of Florida. The parties hereby consent to such jurisdiction and waive any objection to such venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
MISCELLANEOUS:
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, and discussions. Failure by VetMeds, Inc., to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. No waiver of any term of this Agreement shall be valid unless in writing and acknowledged in writing by both parties. Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting party in interpreting this Agreement. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Except as otherwise stated in this Agreement, VetMeds, Inc., reserves the right to modify this Agreement or policies regarding the use of the Services at any time and to notify you of such modification by posting a notice of such modification to the Site at least 30 days prior to such modification taking effect, and by posting the modified Agreement to the Site. You are responsible for periodically reviewing this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.