EFFECTIVE DATE: January 1, 2011.
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
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
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.
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
Site and Services and, if applicable, cancel your Account. You will be deemed to
Services after any amendments are posted. This license will terminate upon conditions
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
explain our privacy practices in detail.
VETERINARY TERMS AND CONDITIONS.
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
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
the terms of the Veterinary Terms and Conditions shall govern.
ThinkPets grants you a limited license to access and use the Service subject 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.
ACCOUNTS AND SECURITY.
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.
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
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
TERMINATING YOUR ACCOUNT AND SERVICES.
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,
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.
LIMITATION OF LIABILITY.
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.
LINKS TO THIRD PARTY WEBSITES.
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
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
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:
Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic
and/or illegal activities, including deceptive impersonation or activities involving
the exploitation of children.
Using the Service to violate anyone’s privacy rights (e.g. distributing unwanted
commercial solicitations), to infringe on intellectual property rights (including
copyrights and trademark rights), to harass or defame others, to promote hatred
towards any group of people, or otherwise to publish or disseminate views or opinions
which are, in the opinion of ThinkPets, obscene, offensive, or generally inappropriate.
Using the interactive portions of the Service, such as uploading email newsletter
content to be distributed to your clients, to post the same Content more than once;
spamming is strictly prohibited.
Using the Service for the benefit of any third party or charging any person for
the use of the Service.
Collecting any information or communication about the users of the Service by monitoring,
interdicting or intercepting any process of or communication initiated by the Service
or by developing or using any software or any other process or method that engages
or assists in engaging in any of the foregoing.
Attempting to hack the Service or any communication initiated by the Service or
to defeat or overcome any encryption and/or other technical protection methods implemented
by ThinkPets with respect to the Service and/or data and/or content or programming
transmitted, processed or stored by ThinkPets or other users of the Service.
Disrupting, circumventing, or interfering with any part of the Service; forging
or modifying any data processed or distributed by the Service; or using an automated
process to cause greater demand on the Service than a single person could produce.
Except as expressly permitted on the Site through the Service, altering, modifying,
deleting, or otherwise interfering with or in any manner compromising any content,
programming, advertising, services and/or features contained on or through the Service,
including, without limitation, the Service’s advertising and/or content delivery
and display functionality.
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
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)
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.
YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant that:
with its terms;
you own or have the necessary licenses, rights, consents, and permissions to use
and authorize ThinkPets to use the Practice Brand Features (as defined below) and
your Submissions and distribute communications to third parties as part of the Service
as provided herein as well as to grant ThinkPets all of the license rights granted
you will use this Service for lawful purposes only and in accordance with this Terms
of Use and all applicable laws, regulations and policies; and
you will only use this Service on a computer on which such use is authorized by
the computer’s owner.
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.
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.
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
information publicly available on or through the Service.
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).
USE OF PRACTICE BRAND FEATURES.
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.
COPYRIGHTS AND TRADEMARKS.
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.
THIRD PARTY CONTRIBUTIONS TO THE SERVICE.
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.
7777 Center Avenue
Huntington Beach, CA 92647 privacy[at]thinkpets.com
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
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
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
Address: 7777 Center Avenue
Huntington Beach, CA 92647
Fax number: 310-314-5205
The Copyright Agent will only respond to any claims involving alleged copyright
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
herein, or (ii) use or misuse of this Service.
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
ThinkPets reserves all rights not expressly granted herein. ThinkPets may modify
Your continued use of this Site shall constitute your acceptance of such revised
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
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
federal court sitting in Los Angeles County, California and you irrevocably consent
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.