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embark vetErINARY, INC.
TERMS OF SERVICE
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING OUR services, AS THE terms MAY HAVE CHANGED SINCE YOUR LAST VISIT. If you are viewing this on your mobile device, you can also view THESE TERMS via a web browser at embarkvet.com/tos. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE our services, including our site or app. BY USING OUR SERVICES, including our site or appS, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
We reserve the right to revise these Terms in our sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms from and after the date of such revision.
If you wish to use the Site on behalf of a company, entity or organization (each, a 'Subscribing Entity'), then you represent and warrant that you: (a) have the authority to bind such Subscribing Entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
THESE TERMS contain an Agreement to Arbitrate, which requires that you and EMBARK VETERINARY, INC. arbitrate certain claims BY BINDING, INDIVIDUAL ARBITRATION instead of going to court and limits class action claims (see Section 21 'Agreement to Arbitrate').
a. 'Aggregated Genetic and Reported Information': Genetic and Reported Information that has been combined with that of other users' pets and analyzed or evaluated as a whole, such that no specific pet may be reasonably identified.
b. 'Apps': Any downloadable applications we make available to you.
c. 'Embark', 'we', 'us' or 'our': Embark Veterinary, Inc.
d. 'Genetic Information': Information regarding your pet's genotype (i.e., collection of genes) obtained through processing and analysis of your pet's saliva by us or our contractors, successors and assignees.
e. 'Personal Information': Information that can be used to identify you, either alone or in combination with other information.
f. 'Reported Information': Information about your pet that you enter into surveys, forms or features while signed into your account on our Site or Apps, including any veterinary information provided by you or your veterinary care or dog services provider(s).
g. 'Services': Our products, software, services, Site, and/or Apps.
h. 'Site': embarkvet.com and its subdomains.
i. 'Terms': These Terms of Service, which are a legally binding agreement that governs your access to our Services.
j. 'you' or 'your': You.
c. Scanable Items. If you provide us with your pet's Reported Information and/or purchase our Genotyping Services, you may receive for free or have the option to purchase items, such as a dog tag or collar, on which a Quick Response ('QR') code will be printed. When that QR code is scanned with any smartphone that has our Apps, the Apps will display any Reported and/or Genetic Information about your pet that you have chosen to display, including standard Reported and/or Genetic Information that you have not opted out of displaying.
d. Research. Unless you elect not to participate by deselecting the appropriate option when establishing your account, we will use your pet's Genetic Information and/or Reported Information to conduct research, as described in Section 10, to expand the understanding and practical application of genetic knowledge in veterinary care and dog wellness generally.
Our Services are for research, informational, and educational use only. Any information you obtain from our Services is not designed to diagnose, prevent, or treat any condition, diseases or state of health. We encourage you to speak with a veterinarian regarding the meaning of your pet's Genetic Information or any questions that arise from your use of our Services.
We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Site or a compatible mobile device enabled with our Apps.
When using our Services, your telecommunications carrier's normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
We are not licensed by all state, federal, or international authorities for genetic testing conducted for veterinary-related purposes. If a jurisdiction requires our Services to be subject to a license and we do not have that license, we will not offer our Services in that jurisdiction.
Unless you elect not to allow your pet's Genetic Information and Reported Information to be used for research purposes, we may include your pet's information in the Aggregated Genetic Information and Reported Information, which will be disclosed to third-party non-profit and/or commercial research partners, or other third parties, who may publish such information in a peer-reviewed scientific journal. Our research may be sponsored by, or conducted on behalf of or in collaboration with, third parties, such as non-profit foundations, academic institutions or pharmaceutical companies.
We will never release identifying information combined with your pet's individual-level Genetic Information and/or Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law or regulation.
7. Embark Content; Uploaded Content.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use the Content, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms. 'Content' means all information, text, images, data, links, or other material posted on our Services that are (i) publicly available or (ii) which we permit you to access, whether created by us or provided by a third party for display through our Services.
You understand that the Content that is posted on our Services is used by you at your own risk. If you have submitted Content, you may remove, modify or alter such Content at any time, through functionality that we make available on our Site.
We reserve the right to make changes to Content, descriptions or specifications of our Services or other information without obligation to issue any notice of such changes.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on the Site.
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. You may not use our Services if you are barred from using them under the laws of the jurisdiction in which you are a resident or from which you use the Services. You may not use our Services in any manner that, in our sole discretion, could damage, disable, overburden, impair or interfere with any other party's use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us.
b. Use a name or language that we, in our sole discretion, deem offensive.
c. Post defamatory statements.
d. Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious or other group.
e. Post Content that depicts or advocates the use of illegal drugs.
f. Post Content that characterizes violence as acceptable, glamorous or desirable.
g. Post Content which infringes another's copyright, trademark or trade secret.
h. Post unsolicited advertising or unlawfully promote products or services.
i. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
j. Promote, solicit or participate in any multi-level marketing or pyramid schemes.
k. Exploit children under 18 years of age.
l. Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum.
m. Invade the privacy of any person, including, without limitation, posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
n. Solicit personal information from children under 13 years of age.
o. Create a false identity or impersonate another person or entity.
p. Encourage conduct that would constitute a criminal or civil offense.
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
a. Any information that you obtain from our Services is not designed to diagnose, prevent, or treat any condition, disease or state of health.
b. If you use the Genotyping Services, you give permission to us and our contractors, successors and assignees to perform those services on your pet's saliva sample and you specifically request us to disclose the results of those services to you and to others you specifically authorize.
c. Any saliva sample you provide is not from a human.
d. If you are a customer outside the U.S. providing a saliva sample, you confirm that this act is legally permitted in the country in which you reside, including that providing your sample is not subject to any export ban or restriction in the country in which you reside.
e. You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
f. You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access our Services online.
g. You are aware that some of the information you receive may not be welcome or positive and may provoke a strong emotion.
h. You take responsibility for all possible consequences resulting from your sharing with others access to your pet's Genetic Information and Reported Information, including on our Site.
j. You understand that, by providing any saliva sample, having your pet's Genetic Information processed, accessing your pet's Genetic Information, or providing your pet's Reported Information, you acquire no rights in any research or commercial products that may be developed by us or our collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your pet's Genetic Information or Reported Information.
If you are enrolled in our research program, we may use some or all of your pet's Reported and Genetic Information to conduct research and publish the results of that research in scientific journals. You can provide us with Reported Information about your pet through forms, surveys and questions on our Site and Apps. You may choose to provide all, some, or none of the information requested by any form, survey or question.
We will not use any identifiable information about you or any other humans in our research or in any publication. Nor will we identify your pet's name or other identifying information in any publication. In conducting and publishing our research, we may collaborate with third parties, including non-profit and commercial organizations. We will not provide your pet's name or any information about you to any of our third-party research partners.
At any time, you may withdraw your consent to participate in our research program by changing the settings on your 'Account Settings' page or by closing your account. If you experience problems changing your settings or closing your account, please contact firstname.lastname@example.org. Any withdrawal of consent will take effect after thirty (30) days. We will not reverse, undo or withdraw any research or publication that was performed using your pet's information before that date.
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services, including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We welcome your feedback, ideas and suggestions (collectively, 'Suggestions'). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
If you believe that any materials on our Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Site or location in our Apps or other pertinent information that will help us to locate the material; (3) your name, address, telephone number and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that 'under penalty of perjury,' you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to our Services is:
Embark Veterinary, Inc.
901 Red River St Ste 1315
Austin, TX 78701
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Embark; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING, WITHOUT LIMITATION, MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including, without limitation, making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.
The following Sections of these Terms and any accrued obligations, along with any definitions needed to interpret the Sections, will survive any termination of these Terms according to their respective provisions: 1, 4, 5, 6, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21 and 22.
20. Governing Law; Dispute Resolution.
These Terms, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 21 is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in Massachusetts or a federal court located in Massachusetts, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
21. Agreement to Arbitrate; Waiver of Class Action.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 19, this Arbitration section will survive the termination of your relationship with us.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
If you have any questions about these Terms, please contact us at: email@example.com.
Copyright ' 2017, Embark Veterinary, Inc., All Rights Reserved.
Updated: April 7, 2016