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Terms of Service

By registering for our pet question and answer service you agree to be bound by these terms of use of the Service (the "Terms of Service"), our Terms of Use, and any other documents referred to in these Terms of Service and in particular you agree and accept the disclaimers and limitations of liability contained in these Terms of Service and out Terms of Use. Please read these Terms of Service and our Terms of Use carefully before registering to receive the Service. If you do not wish to be bound by these Terms of Service or the Terms of Use, please do not continue with your registration for the Service.

By registering to use the Service you are indicating your acceptance of these Terms of Service.

You should print a copy of these Terms of Service for future reference.

Important Disclaimer: This web-based consulting service ("the "Service") is provided for educational purposes only. By using the Service and accessing our site, you expressly acknowledge and understand that there are risks and limitations associated with this type of web-based consulting Service. The Service provided by Petnip.com, LLC and televets.com is not a substitute for the regular veterinary care for your cats, dogs or other pets, that a licensed veterinarian provides through regular, routine in-person office visits. Due to the nature of the Service, Televets has not verified and cannot verify the accuracy or truthfulness of any of the information provided on any of the Consultant/Advisor Profiles. The terms "Consultant" or "Advisor" may be used throughout our Site to identify an individual who claims to have certain knowledge, background, or experience that may be useful in responding to questions posted by Users. Use of such terms provides no assurance by us that the person answering a User's question(s) has any Consultant/Advisor or qualifications to give such advice. Therefore, you acknowledge that we have not and cannot independently verify any User's, Consultant's or Advisor's qualifications.

The Service is not a substitute for an emergency consultation facility and we do not and cannot provide advice or consultation regarding immediate emergency attention. If your pet has been in an accident, or is in immediate medical need, you need to contact your regular veterinarian or local animal hospital immediately.

Televets acts as a venue for entertainment purposes to allow anyone to ask or answer just about any question, at anytime, from anywhere. We are not involved in the actual conversation between any User and any Advisor or Consultant. We do not edit, modify, filter, screen, or otherwise monitor the content of questions, answers, profiles, qualifications or comments or have any obligation to monitor the content. As a result, we have no control over the quality, safety or legality of the answers given, the truth or accuracy of the answers, the ability of an Advisor or Consultant to answer questions or the ability of a User to pay for answers received. In the event that you have a dispute with one or more Users, Advisors, or Consultants, or suffer any damages as result of relying upon information on our Site provided by third parties, including any Advisor or Consultant, you release Televets (and our officers, directors, members, managers, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or damages. If you are a California resident, you waive California Civil Code §1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR"

Notwithstanding the foregoing, we reserve the right, but are not obligated, to remove any content that we believe violates any of or Terms of Use, including, without limitation, any objectionable or personally identifiable information.

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT, ENDORSE, NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY USER OF THE SITE, INCLUDING ANY ADVISOR OR CONSULTANT. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO ANY USER OR THIRD PARTY.

1. Definitions and Interpretation

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 these Terms of Service:
   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 these Terms of Service;
   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. Your Status

By registering to use the Service, you warrant that:

1. you have read, understood and accepted these Terms of Service and our Terms of Use;
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 these Terms of Service; and
4. you are over eighteen (18) years of age.

3. Terms of Use of Our Site and the Service

1. We will permit you to access, use and interact with our site and the Service, and we will provide the Service to you, on and subject to these Terms of Service, the Terms of Use of our site and our Frequently Asked Questions. In the event of any conflict between the terms of any of the documents referred to in these Terms of Service, these Terms of Service shall take priority.
2. You may search, view, copy, print out and use the Advice and use the Service for your own personal non-commercial use.
3. Our site and the Advice are for the personal use of individual Users only. Neither our site nor the Advice (or any part of them) may be used or reproduced in connection with any commercial endeavors.
4. Please note that we may change or withdraw part or all of the Service at any time at our sole discretion.

4. Your Obligations

1. You will not:
   1. copy, print out or otherwise reproduce any part of the Advice, except as permitted by these Terms of Service or authorized by us in writing;
   2. make any part of the Service or Advice available to any third party, except as permitted under these Terms of Service or authorized by us in writing;
   3. alter any part of the Service or the Advice;
   4. use our site to conduct any activities that breach any laws, infringe any other person’s rights or breach any standards or codes published by any relevant authority; or
   5. assign or otherwise dispose of all or any of your rights under these Terms of Service.
2. You are responsible for configuring your information technology, computer programs and platform in order to access the Service and/or the Advice. Notwithstanding sub-paragraph 5.3 below, you should use your own virus protection software.
3. You must read and accept our Terms and Conditions of use of our site in order to access and use our site and before registering for the Service.

5. Our Obligations

We will:

1. use reasonable efforts to make our site available;
2. take reasonable steps to ensure that any software and data files supplied to you as part of the provision of the Advice and/or the Service are virus-free;
3. subject to paragraph 6 below, take reasonable steps to ensure that the Service is continuous and that any interruptions to access to our site by any event within our control are kept to a minimum; and
4. use reasonable endeavors to secure any personal information you give us and in accordance with our Privacy & Security Policy.

6. Service Access

1. Whilst we will endeavor to ensure that our site and the Service is normally available 24 hours a day, we shall not be liable if for any reason our site and/or the Service is unavailable at any time or for any period.
2. Access to our site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
3. Please note that we may at any time in our sole discretion and for any reason withdraw an individual User’s right to access and/or to use the Service.

7. Registration to use the Service

1. When you register to use the Service you establish a username and password for access to your individual online account. Each registration is for a single User only, and your registration and username 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 reasonable 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 are responsible for all use of our site with your username or password whether or not the use was actually yours.

8. Using the Service

1. We authorize you to use the Service and to access the Advice subject to your registering to use our site. When a Consultant/Advisor answers your question, an email is sent to the email address you registered with informing you that an answer has been posted. By logging in, you may then view the answer. If you are satisfied with the answer provided you should click the Accept Answer button to close the question. If you feel that a further exchange of information is necessary in order to achieve a satisfactory answer you may open a dialogue with the Consultant/Advisor by clicking the Submit Your Response button.
2. On acceptance by you of an answer offered by a Consultant/Advisor, you will then be asked to give the Consultant/Advisor a star rating according to your level of satisfaction with the answer provided. This feedback is visible to the both Consultant/Advisor and to the Televets team, who use it to assess Consultant/Advisor's performance.
3. If you feel the Consultant/Advisor has not fully understood your question, you may submit a response to the answer to clarify your question or provide further information. The Consultant/Advisor will then respond to your reply with another answer. If, after dialogue with the Consultant/Advisor, the answer is still unsatisfactory to you, please contact support@televets.com. If we determine, in our sole and absolute discretion, that the answer is unsatisfactory, we will either provide you with another answer or re-post your question to obtain an answer from a different Consultant/Advisor. We reserve the right to close the question if, after consultation with another suitably qualified pet professional, the answer provided by the Consultant/Advisor is judged to have been reasonable.
4. Whilst you are not required to accept any answer you are expected to accept reasonably correct and complete answers. If you do not accept reasonably correct and complete answers the Consultants/Advisors may choose not to answer any future questions you ask. We reserve the right at any time at our sole discretion to suspend the question-posting privileges and/or ban from our site any User who, in our sole opinion, is abusing our system by failing to accept reasonably correct and complete answers.
5. For more details of how to use the Service, please see our Frequently Asked Questions, which form part of these Terms of Service. We reserve the right to alter our Frequently Asked Questions at any time. You should check our Frequently Asked Questions at regular intervals to ensure that you are familiar with the current applicable version of our Frequently Asked Questions.
6. In consideration of your being allowed to use the Service and/or to access the Advice, you agree:
   1. to provide true, accurate, current and complete information about yourself when prompted by our registration form or any other form we may ask you to complete at any time;
   2. to maintain and update promptly any personal information which you are able to update on our site so as to keep it true, accurate, current and complete;
   3. to exercise good faith at all times in using the Service and, in particular, in accepting answers to any questions you have posted on our site.

9. Accessing the Question Archive

1. We authorize you to access the Advice in the Question Archive subject to your registering with our site.
2. You are free to browse the list of questions in the Question Archive plus the Advice given at any time.
3. Should you decide that the Advice obtained via the Question Archive does not provide you with the information you require, you are entitled to use the Service (ask your personalized question to our Consultants/Advisors).

10. Visitor Material and Conduct

1. Please see our Privacy & Security Policy that sets out information about our use of personal information relating to you gathered by us (Privacy & Security Policy).
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 information covered under our Privacy & Security Policy, any material you transmit or post to our site shall be considered non-confidential and non- proprietary, and we shall have no obligations with respect to such material. We and others authorized by us shall be free to copy, edit, disclose, distribute, 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 your question into our Question Archive.
5. 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 offense, 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 10.5 above.
7. We reserve the right at any time without notice to disable your Account and/or to revoke your registration if in our sole opinion you have failed to comply with any of the provisions of these Terms of Service.

11. Your Warranties

1. By using our site, 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; and
   2. you will comply with these Terms of Service and our Terms of Use, including, without limitation, the restrictions relating to acceptable use set out at paragraph 3 above, and your obligations set out at paragraph 4 above.
2. You agree to indemnify and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of our site arising from any breach or suspected breach of these Terms of Service or our Terms of Use by you or your violation of any law or the rights of any third party.

12. Provision of Advice

1. Our site provides a forum for you to ask questions about your pet, its behavior and its wellbeing, and provides an opportunity for persons claiming to have knowledge or experience in the areas to which your question relates (the “Consultants/Advisors”) to provide you with what they consider to be the answer to your question. PLEASE NOTE THAT WE DO NOT EMPLOY THE CONSULTANTS/ADVISORS AND HAVE NO CONTRACTUAL RELATIONSHIP WITH THEM. The Consultants/Advisors use our site as a venue to link them with those persons asking questions. As such, WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY ANSWERS PROVIDED BY THE CONSULTANTS/ADVISORS, AND WE DO NOT IN ANY WAY GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY ADVICE PROVIDED BY THE CONSULTANTS/ADVISORS. You acknowledge that any answer is completely the opinion of an individual Consultant/Advisor, and you agree that you rely on any answer provided by a Consultant/Advisor entirely at your own risk.
2. The Advice will be provided by a member or members of our community of Consultants/Advisors. Because of the limited degree of information provided in any question, and because our Consultants/Advisors will not be able to physically examine any pet which is the subject of a question, and because we do not and cannot guarantee that any Consultant/Advisor is qualified to answer your questions, we do not guarantee the accuracy, adequacy or completeness of any Advice.
3. You should be aware of the limitations and risks associated with this type of Service. Veterinary knowledge and practice is constantly evolving and individual cases may require specific advice that cannot be addressed through our site. Accordingly, our site is provided for information only. It is not intended to replace an examination of your pet by an appropriately qualified veterinary professional. We cannot guarantee that information provided through this website will meet your pet’s health or veterinary requirements. In the event of an emergency situation involving your pet, please contact a veterinary practitioner.

13. General Disclaimer and Limitation of Liability

1. We are providing our site, the Service and any Advice on an “as is” basis and make no representations or warranties of any kind with respect to the contents of our site, the Advice or the Service, and disclaim all such representations or warranties.
2. The information (including the Advice) published on our site may contain technical inaccuracies or errors. We hereby exclude, to the fullest extent permitted by law, all and any liability howsoever arising for any such inaccuracies or in respect of any or all of the following:
   1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or to any information on our site, the Advice and/or the Service;
   2. the unavailability of our site (or any part of it), any Advice and/or the Service;
   3. any statement made by third parties using our site, including, but not limited to, any information posted on our site by Users;
   4. any delay in providing, or failure to provide, or to make available, services or advice (including the Service and any Advice) and/or any negligent provision of the Service and/or Advice; or
   5. any misrepresentation on or relating to our site or the Service or any Advice (other than a fraudulent misrepresentation made by us).
3. We do not warrant or represent that:
   1. access to our site and/or the Service, or any part thereof, will be uninterrupted, reliable or fault free;
   2. any Advice provided to you by any Consultant/Advisor will be provided with due care and skill;
   3. our site and/or the Service and/or the Advice will be accurate, complete or reliable.
4. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, THE PROVISION OF THE SERVICE AND/OR YOUR USE OF ANY ADVICE PROVIDED TO YOU AS PART OF THE SERVICE, INCLUDING BY WAY OF NEGLIGENCE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
5. Notwithstanding the foregoing, none of the exclusions and limitations in this paragraph 13 shall limit our liability:
   1. under Part 1 of the Consumer Protection Act 1987 or affect your rights under Sections 12 to 15 of the Sale of Goods Act 1979 (as amended) or any other rights you may have as a consumer or other statutory rights which may not be excluded; or
   2. for death or personal injury, (which for the avoidance of doubt does not include death of or injury to animals) resulting from our negligence or that of our employees or agents;
   3. for fraud or fraudulent misrepresentation; or
   4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6. Unless otherwise provided by law, our entire liability under or in connection with these Terms of Service and out Terms of Use shall be limited to the sums paid by you in relation to the question posted by you and giving rise to our liability.
7. You agree that each of the limitations in this paragraph 13 is reasonable having regard to the nature of our site and in particular given that when you purchase information or services (including the Advice) through our site you will be obtaining such information or services (including the Advice) from an Consultant/Advisor over whom we have no control.
8. Each of the exclusions or limitations in this paragraph 13 and paragraph 12 above shall be construed as a separate, and severable, provision of these Terms of Service.

14. Information and Data Protection

1. During the registration process or at any subsequent time when you may answer questions or when “cookies” may be used we may collect and process the personal information you have provided. Please see our Privacy & Security Policy that sets out information about our use of personal information relating to you that is gathered by us.
2. We follow appropriate security procedures in the storage of personal information so as to prevent unauthorized access by third parties. However, the Internet is not a totally secure medium and 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.
3. We may use the information we collect from you to provide you from time to time with details of similar services to those we offer and that we think may be of interest to you. If you do not wish to receive details of such services, please let us know by contacting support@televets.com.

15. Content of Our Site

1. All copyright, trade marks and all other intellectual property rights in the content of our site (including but not limited to the design, text, graphics and other material) and the selection or arrangement thereof shall remain at all times vested in us, our licensors or other third parties. You are permitted to use the content of our site only as expressly authorized in paragraph 3 and must not use this content for any other purpose (including commercial exploitation or creation of derivative works) nor assist or facilitate any third party to use such content without our prior written permission. Any other use of information contained on our site is strictly prohibited.
2. You hereby grant to us a perpetual royalty-free, irrevocable license to copy, edit, issue copies, communicate to the public, make publicly available (either in whole or in part or in a modified or edited form) any material you post on our site (whether in answer to a question you have posted for entry into, amongst other locations, our Question Archive, or otherwise). You acknowledge and agree that such material is not posted subject to any obligation of confidence.
3. If you become aware of any unauthorized use of the content of our site (or any part of it) or any use of our intellectual property rights by any other person you agree to notify us immediately.
4. You hereby agree not to contest our intellectual property rights in the Service.
5. If you would like to use any of the material or information forming part of the content of our site in a way not covered by these Terms of Service, please contact us.

16. Written Communications

When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. Notices

All notices given by you to us must be given to Petnip.com LLC at support@televets.com. 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, or 72 hours after an email is sent.

18. Changes to these Terms of Service

We reserve the right at any time without notice to revise, modify, alter, or update the content of our site (including the Service) and these Terms of Service and you agree to be bound by any such modifications, alterations or updates which are posted on our site. By continuing to use our site following the posting of any such modifications, alterations or updates, you will signify that you agree to be bound by the revised terms and conditions of service. You should review these Terms of Service from time to time to check the current version of these Terms of Service which are binding on you. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages on our site.

19. General

1. We reserve the right in our sole discretion to deny Users access to our site or any part of our site without notice and to decline to provide any services (including, but not limited to, the Service and/or any Advice) to any User that we consider to be in breach of these Terms of Service.
2. We shall not be liable for any failure for any suspension, or termination of access to our site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or threat of terrorist attacks, or industrial action affecting us or our suppliers.
3. If any court holds any provision of these Terms of Service to be void or unenforceable, it shall be deleted and the remaining provisions shall continue in full force and effect.
4. These Terms of Service shall be governed 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 California, USA.

20. Feedback and Complaints

If you have any complaints about any aspect of our site, the Service and/or any Advice provided to you, or if you have any questions or would otherwise like to provide any other feedback, then you can contact us by email: support@televets.com.