Welcome to the ThinkPets Web site (www.thinkpets.com) (the “Site”) operated by ThinkPets, Inc. (“ThinkPets,” “we,” “us,” or “our”). Our Site provides a suite of services in order to help you grow your veterinary practice, provide service to your clients, and educate them regarding the health of their pets in a manner that is enjoyable and easy to use. Please read the following Terms of Use carefully before using this Site or registering for your user account (“Account”) so that you are aware of your legal rights and obligations with respect to us, our Site and the use of your Account.

An initial administrator Account must be created for each member veterinary practice, and the administrator may create multiple authorized user Accounts for the use of other employees and staff of the practice. The administrator may designate which limit an authorized user’s access to certain portions of the Service on the Site.

The “Service” includes (a) the Site, (b) the services provided by the Site including the maintenance of client information and resources, (c) the Account program(s) offered through the Site, including any email newsletter, reminder and/or direct mail programs, (d) any emails and/or newsletters delivered to you or on your behalf in connection with your Account, and (e) all information, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, or other materials made available through the Site, Account program or services, including all articles and photographs provided on the Site (“Content”). Any new features added to or augmenting the Service are also subject to these Terms of Use.

The Service is subject to a separate Privacy Policy and our Veterinary Terms and Conditions, which you must agree to before creating an Account. You may only use the Site and our Service if you have agreed to this Agreement and each of the Privacy Policy and our Veterinary Terms and Conditions. Notwithstanding the foregoing, if you were provided an Account prior to January 14, 2011 and your veterinary practice has not separately executed our Veterinary Terms and Conditions, our Veterinary Terms and Conditions may not apply to you.

BY USING THE SITE OR REGISTERING FOR ANY OF OUR SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE DULY AUTHORIZED ON BEHALF OF THE PRACTICE ASSOCIATED WITH THE ACCOUNT TO ACCEPT THESE TERMS AND CONDITIONS.

ThinkPets may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of the Service, this Site, or your Account, shall be deemed irrevocable acceptance of those revisions. If you do not agree to (or cannot comply with) these Terms of Use, as amended, you must stop using the Site and Services and, if applicable, cancel your Account. You will be deemed to have accepted these Terms of Use, as amended, if you continue to use the Site or Services after any amendments are posted. This license will terminate upon conditions set forth elsewhere within these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In such event, no notice shall be required by ThinkPets to effect such termination.

ThinkPets reserves the right to change, modify, suspend or discontinue any portion of this Site or the Service at any time. ThinkPets may also impose limits on certain features or restrict your access to parts or the entire Site or Service in its sole discretion and without notice or liability.

ThinkPets reserves the right to refuse to provide you access to the Site or Service or to allow you to register for an Account or become an authorized user of an Account for any reason.

Your privacy is very important to us at ThinkPets. To better protect your rights we have provided the ThinkPets Privacy Policy to explain our privacy practices in detail.

If you have accepted our Veterinary Terms and Conditions, such terms and conditions will govern and control the specific terms of the Services we may provide that are covered thereby.

In order to provide certain portions of the Service, we request that you install and maintain our Software (as defined in our Veterinary Terms and Conditions) which allows us to extract and maintain data pertaining to your clients and their pets. This information allows us to provide certain portions of the Service on your behalf to your clients. In order to access such portions of the Service, you must agree to and accept the Veterinary Terms and Conditions which, in addition to defining the services offered, outline our agreement regarding the license of the Software to you, and how the client data extracted thereby will be used and treated. If you do not install the Software, we will be unable to provide portions of the Service to you and you will be responsible for providing the necessary client data to us.

If you have agreed to our Veterinary Terms and Conditions, upon any direct conflict between the terms of such Veterinary Terms and Conditions and these Terms of Use, the terms of the Veterinary Terms and Conditions shall govern.

ThinkPets grants you a limited license to access and use the Service subject to the terms and conditions of this Terms of Use. This license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or Content). By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the Site and its Content. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service, the Site or its Content.

Non-registered members will only be able to view limited content available on our Site. In order to access the full content available, you must register for or be an authorized user of an Account. Accounts are only available to member veterinarians, which currently is limited to veterinary hospitals within the United States, and their authorized users. In order to register for your Account, you will be required to enter the user name and password provided by ThinkPets. If your affiliated veterinarian practice has already registered with us, the authorized user of the practice’s account may establish an additional user Account for you.

You agree to provide ThinkPets with accurate, complete, and updated Account information. Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your Account.

You agree to (i) keep your password confidential and use only your Account login and password when logging in, (ii) ensure that you log out from your account at the end of each session on the Site, and (iii) immediately notify ThinkPets (see “Contact Us”) of any unauthorized use of your Account and/or password. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Similarly, each veterinary practice subject to an administrator Account shall be fully responsible for all activities that occur under every authorized user Account created by under the administrator Account. ThinkPets will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

You agree that ThinkPets may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account, and remove or discard from the Site any Content associated with your Account, subject to the Veterinary Terms and Conditions. Grounds for such termination may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms of Use, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of ThinkPets. Use of your Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against ThinkPets, or a claim which in any way involves ThinkPets, then ThinkPets may terminate your Account.

You may only use the Service and/or register for your Account if your applicable jurisdiction allows you to accept this Terms of Use.

Generally, our Service, and each portion thereof, is provided on a month by month basis and you may terminate your purchase of all or a portion of the Service you have selected upon thirty days prior written notice to us. From time to time we may offer certain portions of our Service may be subject to varying terms which will be disclosed to you at the time you purchase such services. Upon termination of all Services, your Account will be deleted. Please note that if the administrator Account is terminated with respect to your affiliated veterinary practice, your user Account will also be terminated.

Your veterinary practice may elect to purchase a variety of our services, which are subject to charge at the rates disclosed to you by us at the time of purchase. Your veterinary practice will have sole discretion as to whether it wants to purchase such services and will be responsible for paying any fees associated with such services in accordance with the payment terms disclosed on the Site.

THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THINKPETS OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, THINKPETS DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. THINKPETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION DESCRIBED IN THIS SITE AND PROFFERED BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, OR RELIABILITY.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

IN NO EVENT SHALL THINKPETS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF THINKPETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

In an attempt to provide increased value to our visitors and as part of the services we offer through the Service, we choose various third party websites to link to, and in some cases frame within, the Site or otherwise make available through the Service. These links includes links to advertisements from our sponsors and advertising partners.

Any third party links are provided as a courtesy only, and the sites they link to are not under the control of ThinkPets in any manner whatsoever. Therefore, ThinkPets is in no manner responsible for the contents of any such linked site or any link contained within a linked site. ThinkPets is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by ThinkPets of any linked site and/or any of its content therein and/or any product or service offered by such third party.

You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that ThinkPets shall not be liable in any manner due to your use of, or inability to use, any third party links, feeds, websites and software applications.

The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by ThinkPets to effect such termination.

Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:

You understand that all Content, including all Client Data (as defined below), whether publicly posted, privately transmitted or retrieved via the Software, is the sole responsibility of the person from whom such Content originated. This means that you, and not ThinkPets, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site or through the Software. ThinkPets does not control the Content posted on the Site or through the Software by you or other third parties (such as your clients and authorized users) and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstance will ThinkPets be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

You acknowledge that ThinkPets may or may not pre-screen Content, but that ThinkPets and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, ThinkPets and its designees shall have the right to remove any Content that violates this Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ThinkPets or submitted to ThinkPets.

You acknowledge, consent and agree that ThinkPets may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of ThinkPets, its users, its members and the public.

You represent and warrant that:

For purposes of these Terms of Use, “Client Data” shall mean the client names, client contact information, pet names, breed, species, treatment plans, pet history, and other related information provided by you or your clients to us.

By submitting Content, including any Client Data, for inclusion on the Service via any functionality we may offer from time to time, you represent and warrant that you have all necessary permissions to grant the licenses below to ThinkPets. You further acknowledge and agree that you are solely responsible for anything you upload or otherwise make available on or through the Service, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution.

Subject to the restrictions noted in our Privacy Policy with respect to the use of personal information of you and your clients, you hereby grant ThinkPets and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, edit, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content contribution, including any Client Data, on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or ThinkPets removes your contributed Content from the Service. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

Subject to the restrictions noted in our Privacy Policy with respect to the use of personal information of you and your clients contained in any Client Data, any material, information or idea you post on or through the Service, or otherwise transmit to ThinkPets by any means (each, a “Submission”), is not considered confidential by ThinkPets and may be disseminated or used by ThinkPets or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services, including improvements to the Service and the Site. By making a Submission to ThinkPets, you acknowledge and agree that ThinkPets and/or other third parties may independently develop software, applications, interfaces, products, displays, services and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant ThinkPets and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, edit, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you will continue for as long as ThinkPets determines to use your Submission. This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Service.

For purposes of these Terms of Use, “Client Data” shall mean the client names, client contact information, pet names, breed, species, treatment plans, pet history, and other related information provided by you or your clients to us.

Except as otherwise set forth herein or in the Veterinary Terms and Conditions, if applicable, as between you and ThinkPets, (i) subject to (ii) below, the results and proceeds of any and all Services developed by or for ThinkPets or jointly by the parties, including all proprietary and other intellectual property rights related thereto, shall be deemed to be exclusively owned and controlled by ThinkPets and (ii) all Client Data and all intellectual property rights related thereto, is the property of the member veterinary practice or its clients (as applicable).

By way of further example, you hereby grant us during the term of this Agreement, a limited, non-exclusive, worldwide, royalty-free license to display, reproduce and use the Practice Brand Features on the Site, in any communications delivered on behalf of you, and in connection with the Service. “Practice Brand Features” means the trademarks, trade names, service marks, service names and logos proprietary to the veterinary practice associated with your Account that you provide to us for use or display on the Site, in any communications prepared and delivered on behalf of the veterinary practice as part of the Service, and in connection with any other portion of the Service, together with any additions, modifications, enhancements or other derivative works to the foregoing that may be made by your veterinary practice from time to time and provided to us for such use or display.

All Content is protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo re production, recordation or otherwise), resold or redistributed without our prior written consent.

For information obtained from ThinkPets’ licensors, partners or other third parties, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

Each contributor to the Service of Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, ThinkPets is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold ThinkPets responsible for any user’s actions or inactions, including things they post or otherwise make available through the Service, or the contributions of any third party of Content to the Site or Service (such as articles and discussions made available on the Site or included in communications delivered to your clients as part of the Service). ThinkPets does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted or contributed by others or endorse any opinions expressed by them.

If you believe a user on our Site is violating this Terms of Use or would like to contact us regarding these Terms of Use, please contact:

Customer Service
ThinkPets, Inc.
7777 Center Avenue
Suite 350
Huntington Beach, CA 92647 privacy[at]thinkpets.com

If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.

A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit ThinkPets to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.

The ThinkPets Copyright Agent can be reached by phone, fax or post as follows:

Lisa Krupp, Copyright Agent
ThinkPets, Inc.
Address: 7777 Center Avenue
Suite 350
Huntington Beach, CA 92647
Fax number: 310-314-5205
lkrupp[at]thinkpets.com

The Copyright Agent will only respond to any claims involving alleged copyright infringement.

You agree to indemnify, defend and hold harmless ThinkPets, and its subsidiaries, affiliates, managers, members, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, or (ii) use or misuse of this Service.

If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

ThinkPets reserves all rights not expressly granted herein. ThinkPets may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and ThinkPets. The failure of ThinkPets at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Terms of Use against or relating to ThinkPets or any Indemnified Party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles County, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.