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Consultant / Advisor Agreement

IMPORTANT LEGAL NOTICE: This Agreement (together with the documents referred to in it) sets out the terms on which we will permit you to register as an Consultant/Advisor on our site and to provide answers to questions asked by Users. By registering as a Consultant/Advisor you agree to be bound by the terms of this Agreement and, in particular, you agree to provide the warranties and indemnities contained in this Agreement. If you do not wish to be bound by the terms of this Agreement please do not register to become a Consultant/Advisor.

1. Definitions

1. In these Terms of Service the following words shall have the following meanings:
   1. "Account" means your account for registering to use the Service;
   2. "Advice" means any advice you receive as part of the provision of the Service to you;
   3. "Consultant or Advisor" means any person providing answers to questions asked via the Service;
   4. "our site" means the website accessed via the website address www.televets.com;
   5. "Service" means our pet question and answer service;
   6. "Question Archive" means the archive of questions previously asked via the Service and the corresponding Advice provided by the Consultants/Advisors;
   7. "we" and/or "us" and/or "our" means Petnip.com LLC, a limited liability company under California law and with our registered address at 815-A Brazos, #346 Austin, Texas 78701-9996, USA, aka televets.com, and any of our affiliates.
   8. "Users" or "User" means the users of our site collectively and/or individually as the context requires;
   9. "you" and/or "your" means the person using our site and registering to use the Service;
2. In this Agreement:
   1. words and expressions (including words and expressions defined in paragraph 1.1) in the singular shall include the plural and vice versa; words importing any gender shall include every gender;
   2. headings are for convenience only and shall not affect the construction or interpretation of the terms of this Agreement;
   3. any reference to a “person” includes individuals, firms, partnerships, companies, corporations, organizations, governmental bodies and trusts; and
   4. the words “include” and “including” shall be construed without limitation.

2. Terms of Use of Our Site and the Service

We will permit you to access, use and interact with our site and to provide Advice on and subject to our Terms of Use, the terms of this Agreement and our Frequently Asked Questions, which shall form part of this Agreement. In the event of any conflict between the terms of any of the documents referred to in this Agreement, the terms of this Agreement shall take priority.

3. Your Status

1. By registering as an Consultant/Advisor, you warrant that:
   1. you have read, understood and accepted, the terms of this Agreement and the Terms of Use of our site;
   2. you are legally capable of entering into binding contracts;
   3. you have the requisite right and authority to use our site and to be bound by the terms of this Agreement and our Terms of Use;
   4. you have the appropriate qualifications to hold yourself out as an Consultant/Advisor in responding to questions in your field of Consultant/Advisories; and
   5. you are over eighteen (18) years of age.
2. You agree to provide all such information as we may reasonably request in order to verify your status, and you consent to any disclosure by us of such information to a third party for the purposes of such verification.

4. Your Account

1. When you register to become a Consultant/Advisor you establish a username and password for access to your individual online account. Your username and password are personal to you. You are not permitted to share your username and password with any other person nor with multiple users on a network.
2. Responsibility for the security of the username and password relating to your registration rests with you. You must keep your username and password confidential and take all necessary precautions to prevent unauthorized use thereof.
3. You will use your best endeavors to ensure that nobody accesses the Service using your username and password. If you suspect that anyone else has used or is using your username or password, you must notify us immediately. You will be solely responsible and liable for all use of our site with your username and password including but not limited to, any answers provided to Users under your username and password, whether or not the use was actually yours.
4. We reserve the right at any time without notice and in our sole discretion to suspend or disable your Account and/or to revoke your registration if, in our sole opinion:
   1. we believe that you have failed to comply with any of the provisions of this Agreement;
   2. we consider (following a review of your acceptance rate, feedback from Users and/or any other information we consider relevant) that the quality of Advice offered by you is inadequate and/or unsuitable for inclusion on our site;
   3. we believe that your Account is being misused and/or is being used in accordance with fraudulent activities.
5. In the event that we suspend or disable your Account, you are not permitted to open another account, either in your name or any other name. In the event that we discover that you have opened such an account in breach of this paragraph 4.5, we may suspend or disable such new account.

5. Consultant/Advisor Material and Conduct

1. Please see our Privacy & Security Policy that sets out information about our use of personal and confidential information relating to you gathered by us.
2. We may use information we have collected for running and improving our site, providing statistics relating to use and other feedback to business and advertisers who provide or contribute to the content of our site and for any other purpose to which you consent.
3. We endeavor to use appropriate security procedures in the storage of personal information so as to prevent unauthorized access by third parties. However, the Internet is not a completely secure medium and, as such, you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorized use, distribution, damage or destruction of personal data held by us.
4. Other than personal and confidential information covered under our Privacy & Security Policy, any material you transmit or post to our site (including but not limited to Advice) shall be considered non-confidential and non-proprietary, and we shall have no obligations with respect to such material. You hereby grant to us a worldwide, royalty-free, irrevocable license to copy, disclose, distribute, modify, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes, including but not limited to the insertion of such material into our Question Archive, and to grant sub-licenses to third parties authorized by us on equivalent terms.
5. You are not permitted to post anything on our site other than answers to questions or legitimate requests for information and, in particular, you are prohibited from posting or transmitting to or from our site any material:
   1. that is threatening, defamatory, obscene, offensive, pornographic, seditious, abusive, liable to incite racial hatred, discriminatory, menacing, inflammatory, blasphemous, in breach of confidence and/or privacy or which may cause annoyance or inconvenience; or
   2. for which you have not obtained the necessary consents and/or approvals; or
   3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise infringe the rights of any third party; or
   4. which is technically harmful (including, without limitation, computer viruses, worms, corrupted data or other malicious software or harmful data).
6. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting material in breach of paragraph 5.5 above.
7. You acknowledge and agree that our permission for you to use our site shall not amount to an endorsement or recommendation by us or your services as an Consultant/Advisor, nor any answers provided by you to Users, and you will not, either on our site or on any forum, represent that you have received such endorsement and/or recommendation from us.

6. Your Warranties

1. By registering to become an Consultant/Advisor you represent and warrant that:
   1. all information and details provided by you to us are true, accurate and up to date in all respects and at all times;
   2. you have accurately and completely described and represented your qualifications, education, experience, skills and knowledge in registering as an Consultant/Advisor, and you will keep such information up to date in all respects and at all times;
   3. you will provide any and all Advice with reasonable skill and care and in accordance with the relevant industry standards;
   4. you will not provide any Advice in any field outside your field of knowledge or experience, or in relation to any question that you are not sufficiently qualified, competent and/or experienced to answer; or that requires an answer from a person with professional qualifications, and you do not possess such qualifications. If you reasonably believe that a question requires a physical examination of any pet which is the subject of a question by a suitably qualified veterinary professional you agree to advise the User asking the question accordingly;
   5. you will at all times comply with the terms of this Agreement including, without limitations, your warranties set out in this paragraph 6, and with our http://www.televets.com/terms-of-use.html.
2. Each of the warranties set out at paragraph 6.1 above shall be construed as a separate warranty and shall not be limited by reference to, or inference from, the terms of any other warranty.

7. Indemnity

You agree to indemnify us, our employees and/or representatives and to keep us, our employees and/or our representatives indemnified from and against any and all actions, claims, costs, losses, damages, demands, expenses (including without limitation legal costs and expenses on a solicitor own basis), proceedings and other liabilities arising out of your provision of Advice, your participation in the Service and/or your conduct as an Consultant/Advisor including, but not limited to, the reliance by any User on any Advice provided by you to such User.

8. Changes to Our Site and to this Agreement

1. We reserve the right at any time without notice to revise, modify, alter or update the content of our site and you agree to be bound by such modifications, alterations or updates which are posted. By continuing to use our site following the posting of such modifications, alterations or updates you signify your agreement to the revisions made to our site.
2. We reserve the right at any time without notice to alter the terms of this Agreement including, but not limited to, the Frequently Asked Questions. We will use reasonable endeavors to notify you of such changes. By continuing to use our site following such notification you will signify your acceptance to the variations made to this Agreement. Please review the terms of this Agreement on a regular basis to check the current version of this Agreement which is binding on you.

9. Notices

All notices given by you to us must be given to Petnip.com LLC at support@televets.com or in writing to us at 815-A Brazos, #346 Austin, Texas 78701-9996, USA. We may give notice to you at either the email address or postal address you provide when registering to use the Service. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

10. No Partnership or Agency

1. This Agreement shall not constitute any relationship between us and you other than the contractual relationship expressly provided for in this Agreement.
2. Neither your use of our site, your participation in the Service, the provision of Advice by you to Users nor anything in this Agreement is intended to, or shall operate to, create a partnership between us and you, or to authorize you to act as agent for us, and you shall not have the authority to act in our name or on our behalf or otherwise to bind us in any way (including but not limited to the making of any representation or warranty to any User, the assumption of any obligation or liability and the exercise of any right or power).

11. General

1. No failure or delay by us in exercising any right we may have under this Agreement shall operate as a waiver of the same or preclude any future exercise of the same.
2. Each of the terms of this Agreement shall be construed as a separate provision. If any term of this Agreement is found by any court or administrative body of competent jurisdiction to be unenforceable, invalid or unlawful, such term shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining terms of this Agreement and the remaining terms shall continue in full force and effect and if necessary be amended so far as may be require to give effect to the spirit of this Agreement.
3. This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA and you agree to submit to the exclusive jurisdiction of the courts of the State of California, USA.