The material contained in this Website has been checked for accuracy; however, the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. TopVets therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Website at any time without prior notice. TopVets does not guarantee that any errors, inaccuracies or omissions will be corrected and does not assume responsibility for any errors or omissions in the content. All content is intended for use by and delivery to U.S. residents. Orders received from or for delivery to locations outside the U.S. are subject to acceptance by TopVets. Unless provided otherwise, all material is provided without any express or implied warranties and is subject to TopVets’ return policy.
2. Intellectual Property
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of TopVets. TopVets neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with TopVets. All other product names contained in this Website may be trademarks or registered trademarks of their respective owners. Images of people or places on this Website are the property of or used with permission by TopVets or its vendors and suppliers. The use or misuse of those trademarks and images except as expressly authorized is prohibited.
3. Links to Third-Party Websites
4. Linking to this Website
Unless specifically authorized by TopVets, you may not connect “deep links” to the Website, i.e., create links to this site that bypass the home page or other parts of the Website. You may not mirror or frame the home page or any other pages of this Website on any other web site or web page without TopVets’ authorization.
5. Downloading Files
TopVets cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Website is the copyrighted work of TopVets and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
From time to time the TopVets may offer you the ability to enter sweepstakes, contests, and various other promotions. These promotions are governed by an additional set of rules and terms and conditions.
8. Disclaimer of Warranties
TOPVETS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. TOPVETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND, ITS CONTENT. TOPVETS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
10. User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
11. User Supplied Information
TopVets does not want to receive confidential or proprietary information from you via the Website. You agree that any material, information, or data you transmit to us or post to the Website will be considered non confidential and non proprietary. For all such submissions: (1) you guarantee to us that you have the legal right to post and that such posting will not violate any law or the rights of any person or entity; and (2) you give TopVets the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the such submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
12. TopVets Does Not Provide Medical Advice
The Information that you obtain or receive from TopVets is for informational and scheduling purposes only. The information provided on the Website and in any other communications from or provided through Website is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice for your pet from a qualified health care professional because of something you may have read on the Website. TopVets does not recommend or endorse any specific veterinarian. If you rely on any of the Information provided by the Website, you do so solely at your own risk.
13. Provider Relationships and Lists
In connection with using the Website and the Services to locate and schedule appointments with veterinarians, you understand that you are ultimately responsible for choosing your own veterinarians to provide services to your pet. TopVets selects veterinarians to be listed on the Website pursuant to a contractual agreement with the veterinarians. In addition to signing a contract, veterinarians may also pay a fee to TopVets in order to appear on the Website.
15. Dispute Resolution/ Choice of Law.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department by email at [email protected], or call us at (800) 844-1427. In the unlikely event that Our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and we each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and we further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be entitled to in court. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits. This Agreement is governed by the laws of the State of New York. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
16. General Provisions
17. Contact Us
If you have any questions or suggestions, please contact us at [email protected] or call us at 1-800-844-1427 or write us at 450 Park Avenue South, 9th floor, New York, NY 10016. Last Updated: June 27, 2013