Terms & Conditions
Written notification of renewal is required 30 days prior to expiration of this contract. The balance is due by the expiration date, unless agreed to in writing by both parties hereto. Failure to exercise the renewal option will result in the contracted territory becoming available to other customers.
ONLINE DIRECTORY LISTING
An online directory listing is a form of advertising, and does not guarantee that a participating customer will receive new business as a result of the listing. However, the Company does redirect a significant portion of every contract dollar received towards generating business for participating customers. Vetfinder™ reserves the right to update, change or alter the terms of the listing at any time.
The Company hereby covenants to use its best efforts to bring business to participating firms.
PAYMENT & FEES
Advertisement fees are non-refundable; however the exclusive listing may be transferable to another licensed professional in your area providing that you obtain written consent from Company.
The contracted directory is a wholly owned subsidiary of VetFinder™. All copyrights pertaining to website content and/or photographs are the exclusive property of VetFinder™.
Failure to remit initial payment in a timely manner will result in your immediate removal from the Company's website.
If Customer is paying by check, Customer understands the check payment may be processed electronically or by ACH Debit. Upon submitting check payment, Customer agrees to electronic payment format at the frequency and amount defined within order. Any check returned from your financial institution will be subject to $30.00 processing charge.
Notice as required by this contract shall be deemed sufficiently given if delivered in person or by certified mail, return receipt requested, to the address listed for the Company.
No verbal agreements and representations will be made or honored unless memorialized by written document and signed by an authorized representative of the Company. This contract contains the entire agreement of the parties hereto.
The Company shall not be liable for any delay or failure in its performance due to acts of God, earthquake, labor disputes, change in the law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, or other difficulties that are beyond VetFinder™.'s reasonable control.
RESTRICTIONS ON USE OF MATERIAL
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site are intellectual properties and are rigorously protected by established copyright laws. No material from this Web site or any other VetFinder™ site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way without the expressed consent of VetFinder™.
In addition, use of any automatic devices such as robots and spiders to monitor or copy our web pages or the content contained herein is strictly forbidden.
Modification of the materials for any other purpose is a violation of our copyright and other proprietary rights. The use of VetFinder™ material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary of VetFinder™
FORUMS AND PUBLIC COMMUNICATION
Herein refers to a discussion group, chat area, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of this Web site or any other VetFinder™ owned site. You shall not upload to, distribute through, or otherwise publish through a Forum on this Web site any content which is or could be deemed libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this Web site to become members of any commercial online or offline service or other organization is expressly prohibited.
USE BY MINORS
Children under the age of thirteen may not use this site.
NOT LEGAL ADVICE OR LEGAL REPRESENTATION
VetFinder™ offers no legal advice, recommendations, mediation or counseling under any circumstance. This site merely assists you in narrowing your choices in selecting the appropriate service. You are totally and solely responsible for your own selections and actions. VetFinder™ never receives any portion of professional fees and any arrangements made are strictly between you and your chosen service provider and do not involve VetFinder™ in any way.
Listing Agreement - Pay Per Call
This listing agreement is a legal agreement between VetFinder™ ("The Company", "Company" "Us" "We") and the business accepting this agreement. This agreement governs the relationship between "The Company" and the "Client". Without agreement to the terms and conditions of this agreement, you do not qualify for the services provided by "The Company".
"The Company" provides business listings across a directory of websites owned by Vetfinder™ and its affiliates. These business listings will list a phone number owned by "The Company" that will redirect to a telephone number provided by "The Client" through "The Company's" proprietary phone system. The phone system will record the inbound telephone on "The Client's" behalf and store them on the Clients administrative dashboard. The Client hereby consents to our recording of all calls routed through these telephone numbers and system. The Company reserves the right to delete all calls that are over 30 days old.
In consideration of the listing services that the Company is providing for the Client, the Client agrees to pay VetFinder™ a fee for each billable event as determined by the Company. A billable event is determined by the then current policies of the Company. The billable event policy can be requested by the Client at any time.
VetFinder™ will bill the Client's credit card on file following the end of each billing cycle or at which time either party terminates the contract. This billing cycle starts on the first day of the contract and the last day of that month and continues through the end of the next month. An invoice will be created and available through the Client's administrative portal each month. Any late payments will incrue an interest rate of three percent (3%) per month or the highest rate permitted by law (the lesser of the two). The client is also responsible for paying any and all reasonable expenses and attorney fees that are incurred in collecting late or overdue payments.
Termination of Contract
This agreement begins on the date it is signed and will remain in force until either party terminates the contract in accordance with the termination policy described herewith in. The Client may request that the service and contract is terminated at any point of time by notice to the company by email, certified letter or telephone call to the Company. Any outstanding fees or balances will be collected immediately upon termination. The Company may cancel this agreement at any time for any reason as determined by the Company.
In the event that this agreement is cancelled by either party, the Client will remain responsible for any fees to any Billable Events that occurred prior to the effective termination date. The following provisions shall survive the termination of this agreement: (5.Survival) (6.Disclaimer and limitation of liability) (7.indemnification) (8.General Provisions).
This agreement and the services provided by VetFinder™ are based on and supplied on an as is and as available basis. The Company (to the fullest extent under applicable law) makes no, disclaims all, warranties, guarantees, and representations whether express, implied, oral or otherwise. VetFinder™ does not guaranty the number of appointments, calls, inquiries, appointments, response rates, appointment rates, placement statistics or any other performance. The VetFinder™ websites and affiliate websites may have errors, limitations, bugs and or limitations. Vetfinder™ disclaims any and all express and implied warranties or guarantees that any other party's security methods, privacy will be without interruption, downtime or bugs. VetFinder™ is not and will never be responsible for any damages (special, punitive, exemplary, consequential, incidental, or indirect) damages arising from or relating to this agreement or otherwise, including without limitation, loss of revenue, profits even if The Company has been advised of the possibility of such damages. VetFinder™ is not and will not be held liable or in breach of the agreement on account or failure to perform under the agreement as a result of causes or conditions that are out of the Company's control. VetFinder™ liability under any cause of action coming from or in connection with this agreement or otherwise is and shall be limited to the lesser of $500 or the fees faid to the Company by you pursuant to the agreement over the one month prior to the date the cause of action arose. VetFinder™ is not responsible or liable for the actions or inactions of its affiliates or sub licensees.
The client will defend, indemnify and hold harmless the company andits affiliates and their officers, directions, members, managers, employees, sublicensees, contractors and agents from (and against) all claims, losses, actions, fines, damages, expenses (including reasonable legal and attorney expenses and fees) arising from or related to any breach of the agreement by the client, violation of any regulations or laws in connection with this service and agreement, copyright infringement or any kind (trademark, name, trade name, service mark, copyright, license, intellectual property), any user dispute with the Client, any injuries or suffering by a user at your place of business or any other user related issue.
Client agrees to keep confidential all terms and conditions of this Agreement or the amount of fees paid to the Company except to the Client's professional advisors or as necessary to comply with any laws or regulations. The Company will receive all notices at 1 Baystate Rd, Lynnfield MA. This agreement and any disputes directly or indirectly arising from this agreement shall be governed by and construed in accordance with the laws of Massachusetts without regard to its choice of law provisions.