CO: 719-650-4866

WI: 608-301-0250

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[email protected]

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Terms of Use

Effective February 2022

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE. BY USING THE WEBSITE, YOU SIGNIFY THAT YOU AGREE TO THE TERMS OF USE HEREIN.

This agreement (“Agreement”) and the policies referred to herein contain the terms of use that apply to your use of the Internet Website and services located at https://www.peakvas.com (“Website”).

Your access and use of the Website creates a binding and enforceable legal agreement between you, the Website user, and PEAK Veterinary Anesthesia Services, LLC (the “Company”), and signifies your acceptance and consent to be bound by the terms of use contained in this Agreement.

1. Your Use of the Website

Everything we offer on the Website is referred to in this Agreement collectively as the “Services.” The content on the Website is viewable without registration, but to actively request a service or store your information, you must submit an information request on our Website, including your personal data and the specific service requested or other relevant information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

Although you may submit an information request, read our informational posts, and gather general information from our Website, we do not warrant that the data displayed on the Website will be error-free and complete and do not assume responsibility for any errors, mistakes, or misinterpretations as well as for correctness, topicality or quality of the information provided. Liability claims regarding damage caused by the use of any information provided on our Website, including any kind of information which is incomplete or incorrect, will therefore be rejected. Furthermore, we do not recommend or endorse any specific tests, individual veterinarians, procedures, opinions, or other information that may appear on the Website. If you rely on any of the information provided by the Website, you do so solely at your own risk.

2. Disclosure of Information

Our company is not using your data for any other reason than to provide you with and further improve our services. The only disclosures of your data we will make will be those disclosures necessary to comply with a court order or other legal process. We do not use your data for marketing, nor do we sell your data.

We may share demographic data with other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We may also share your contact data, demographic data, and animal medical data with other affiliated veterinary specialists who may provide replies to your queries. We will attempt to contact you prior to sharing your information.

We also share personal information and traffic data with our administrative business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the website and/or by making certain interactive tools available to our users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your contact data and other personal information to carry out their specific business obligations to our Company and to provide your requested veterinary medical services.

3. No Veterinarian-Client-Patient-Relationship

No Veterinarian-Client-Patient-Relationship (“VCPR”) is created by using the Website, accessing the information provided on the Website, our Services, links to other websites on our Website, or in our provision of assistance in locating an appropriate veterinary professional or specialist.

The information that you obtain or receive from us and/or our veterinary professionals and other employees or related contractors, partners, advertisers, licensors or otherwise on the Website or in response to your internet delivered query and service request is for informational purposes only.

THE INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT THROUGH THE PRIMARY VETERINARIAN OF YOUR CHOICE. DO NOT DISREGARD, AVOID OR DELAY OBTAINING VETERINARY MEDICAL ADVICE FROM A QUALIFIED ANIMAL HEALTH CARE PROFESSIONAL OR A VETERINARIAN IN YOUR AREA BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR WEBSITE. DO NOT USE THE WEBSITE FOR EMERGENCY VETERINARY MEDICAL NEEDS. IF YOU EXPERIENCE A VETERINARY MEDICAL EMERGENCY CALL YOUR PRIMARY ANIMAL HEALTH CARE PROVIDER OR AN ANIMAL EMERGENCY SERVICE NEAR YOU OR THE VETERINARY SERVICE TAKING CARE OF YOUR PET/PATIENT.YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY INTERNET-BASED SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF VETERINARY MEDICINE OR THE PROVISION OF VETERINARY MEDICAL CARE.

4. Reliance on Reports

You acknowledge and agree that our reports should not in any form, shape or fashion constitute a diagnosis, binding veterinary medical advice, treatment, veterinary medical care or establish any VCPR. Furthermore, you understand that the primary veterinarian(s) treating your animal(s) will remain at all times solely responsible for your animal’s diagnosis, care, treatment and evaluation of any of our reports. Your veterinarian(s) shall directly discuss with you all information contained in any of our reports we provide to you or them.

5. Payment of Fees

You acknowledge and agree that you or any authorized individual acting on your behalf and who is posting an internet query and/or requesting any Service is responsible for all fees charged by us for the services hereunder (including, but not limited to, fees for veterinary anesthesia and analgesia reports, animal care, and staff/clinic training services).

To initiate our consultation services, you or any authorized individual acting on your behalf will fill out a form, be transferred to a calendaring system for scheduling, then be directed to a payment portal (via Stripe, a financial services company). Once payment is received, additional detailed information is requested about the specific patient. Fees are posted both on the website and on the payment page prior to collecting Credit Card, or other payment method, information.

You understand that you or your authorized agent must pay these fees in advance, and that it is your responsibility to pursue, if applicable, any third party reimbursement at your own expense, if applicable. You have been informed that you have the option to withdraw consent for Services offered by us at any time before it has been provided. However, if you withdraw your consent after payment is made, you will remain responsible for the full amount. No money will be refunded after Services are issued.

6. Release of Liability

You agree to release and hold PEAK Veterinary Anesthesia Services, LLC, and its partners, respective veterinarians, employees, contractors, business associates and/or agents harmless for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as a result of any and all uses of our Website, its Services, and the information posted on the Website.

7. Intellectual Property

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of our Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us. None of our above-described material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except with our express written consent.

8. Acceptable Uses

You are responsible for all use of the Website. You may use the Website and the Services for lawful, non-commercial purposes only. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or our computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third-party to):

9. Third-party Websites and Resources

To the extent that our Website contains links to third-party services and resources, we do not control the availability and content of those third-party services and/or resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party service or resource.

10. Violations

In addition to any and all remedies at law or in equity, any violation of this Agreement shall give us the right to immediately suspend or cancel services to, and business relationship with, you. In addition to our rights under this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this Agreement.

11. Changes to Policy and Procedure

We reserve the right at any time, with or without notice, to change, alter, modify or delete any of our policies, procedures, terms of service, website content, fees and/or notices. Please check this Agreement periodically for changes. Your continued use of the Website and/or the Services following such change shall constitute your affirmative acknowledgement of this Agreement, the modification and agreement to abide and be bound by this Agreement, as amended. If at any time you choose not to accept the terms of this Agreement, then please do not use the Website.

12. Changes to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Website, and the users of new services will be governed by this Agreement.

13. Termination

We may terminate and/or suspend your use of this Website or our services immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Website by you. We shall not be liable to you or any third-party for any termination of your access to the Website and/or our Services. Further, you agree not to attempt to use the Website and/or the Services after any such deletion, deactivation or termination.

14. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless PEAK Veterinary Anesthesia Services, LLC, our partners and employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third-party that arise from or are related to (a) your access to the Website, (b) your use of the Services, or (c) the violation of this Agreement by you. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

15. Entire Agreement; Severability; Waiver

This Agreement and any supplemental terms, policies, rules and guidelines posted on the Website, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

16. Choice of Law

This agreement and all of the terms and provisions hereof and the rights and obligations of the parties hereto shall be construed and enforced in accordance with the laws of the Colorado. Any legal action or proceeding between the parties arising out of this Agreement shall be brought in the courts of El Paso County and the parties hereby accept the jurisdiction of the said courts for all purposes.

17. Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Website and the Services. By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms of use set forth herein. The Website is administered in the U.S. and intended for U.S. users; however, we extend GDPR rights to all our users to the extent allowed under applicable law.

18. Disclaimer of Warranties

WE PROVIDE THE WEBSITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE WEBSITE AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE WEBSITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE WEBSITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PEAK VETERINARY ANESTHESIA SERVICES, LLC, MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. PEAK VETERINARY ANESTHESIA SERVICES, LLC, DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR WEBSITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

19. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REQUEST FOR SERVICES AS LONG AS THEY HAVE NOT YET BEEN DELIVERED TO YOU. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO RECEIVE OUR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD-PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR VETERINARY MEDICAL MALPRACTICE OR NEGLIGENCE OF VETERINARIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Privacy Policy

Your privacy is our policy.

PEAK Veterinary Anesthesia Services takes your data seriously. This privacy policy will explain how our company uses the personal data we collect from you when you use our website.

The policy will touch on a variety of topics including:

What data do we collect?
Why do we collect your data?
How do we collect your data?
How do we store your data?
Do we use your data for Marketing?
Do we sell your data?
What are your data protection rights?
What are cookies?
How do we use cookies?
What type of cookies do we use?
How can you manage your cookies?
Where does this privacy policy apply?
What can Users do?
How can you contact us?
How can you contact the appropriate authorities if you have any issues?
What data do we collect?

Our company collects your name, email address, phone number, the message you provide us, and any other information you submit on our various forms to begin our working relationship. The idea is to collect only the data needed to contact and interact with a prospective customer.

Why do we collect your data?

Our company collects data to contact customers inquiring about our company’s services, answer customer questions, and inform customers about our company’s services and products.

How do we collect your data?

You directly provide our Company with the data we collect. Our company will collect data by website submission form, phone, email correspondence, and when you use our website via your browser’s cookies.

How do we store your data?

Data will be secured using the industry’s best practices. Our company will follow proper procedures established by the Company and will comply with all applicable laws regarding data security.

Our Company will retain your data until the point it is not relevant to our working relationship or until you request that we delete certain information.

Do we use your data for marketing? Do we sell your data? Do we share your data with third parties?

We take the privacy of your veterinary medical records and personal information very seriously and will only disclose your information as further described in our Terms of Use. In the event we do need to disclose your information, we will attempt to contact you prior to sharing your information.

What are your data protection rights?

PEAK Veterinary Anesthesia Services takes your data protection rights seriously. We know that knowledge of your rights regarding data is important to you. As a result, we generally comply with the General Data Protection Regulation (“GDPR”) and will extend these rights to all our customers. Every user who uses our website is entitled to:

RIGHT OF ACCESS – You have the right to request copies of your personal data. Depending on the manner you would like to receive the data, there may be a small fee for this service.
RIGHT OF RECTIFICATION – You have the right to request that any of your personal data that is not accurate be corrected. Additionally, you may request that we input complete information if you believe the information we have is incomplete, or if you need to modify the original information you provided to us.
RIGHT TO DELETE – You have the right to request that any of your personal data be deleted. However, data that is required to conclude a function of our services to you or that is required to be maintained as part of a legal proceeding may not be deleted until after we have completed our service, terminated our service, or it is determined that during the legal proceeding your data is not relevant to the investigation.
RIGHT TO RESTRICT PROCESSING – Generally, we do not process your data. Your data will only be used to determine whether you would like to begin a working relationship and to continue that relationship with our Company. Essentially, the only data processing that will occur is the determination that you are a prospective customer and the transfer of your information into our company’s system to create your customer record.
RIGHT TO OBJECT TO PROCESSING – As mentioned above, we will not manipulate your data. Your data will typically be maintained in the form in which you provide it.
RIGHT TO DATA PORTABILITY – You have the right to request that our company transfer the data that we have collected from you to another organization, or directly to you. However, we recommend communicating your own data because we do not maintain much, if any, of your personal identifying information, and such a transfer may require a small fee. This language does not extend to any other regulated information; such information shall be transferred as required under applicable law.

These rights are restricted to data that you have provided us. You may not request anyone else’s information or exercise anyone else’s rights regarding that information, unless you are a parent, conservator, guardian, or duly authorized representative of the individual whose information is being requested.

If you make a request, we will respond to you within thirty-one (31) days, unless there are circumstances that delay our response. You may make a request to exercise any of the above rights by contacting PEAK Veterinary Anesthesia Services by:

Email: [email protected]
Phone Number: +1-719-650-4866
In writing to: PEAK Veterinary Anesthesia Services, 507 E. San Rafael St., Colorado Springs, CO 80903

What are cookies?

Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. When you visit our website, we may collect information from you automatically through cookies.

For further information about cookies and what they are, please visit www.allaboutcookies.org.

How do we use cookies?

Our Company will use cookies to improve your experience on our website by understanding how you use our website. This includes monitoring your navigation within the website or describing how you use the website.

What type of cookies do we use?

Our Company will either use cookies to improve functionality or to determine how you found the PEAK Veterinary Anesthesia Services website. Google Analytics will be used to monitor traffic to the website.

How can you manage your cookies?

You can adjust your browser to not accept cookies, and the “all about cookies” website above tells you how to remove cookies from your browser.

Where does this privacy policy apply?

This Privacy Policy is only effective on this website. If you click on a link on our website that directs you to another website, it is important to also read that website’s privacy policy. We cannot control the behavior of, or the types of cookies implemented by, other websites. As a result, we are not responsible for any third-party websites that you navigate to.

What can Users do?

As a condition of use, you agree not to use this website or its services for any purpose that is unlawful or prohibited by this Policy, or any other purpose not reasonably intended by PEAK Veterinary Anesthesia Services, LLC, as further described in our Website Terms & Conditions.

How can you contact us?

If you have any questions about our Privacy Policy, the data we maintain for you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

Email: [email protected]
Phone Number: +1-719-650-4866
In writing to: PEAK Veterinary Anesthesia Services, 507 E. San Rafael St., Colorado Springs, CO 80903

How can you contact the appropriate authorities if you have any issues?

Should you wish to report a complaint or if you feel that we have not addressed your concerns in a satisfactory manner, you may contact the Information Commissioner’s Office.

Phone Number: 0303 123 1113 (UK)*
Website: https://ico.org.uk/global/contact-us/*

*Please be aware that this Phone number and Website are subject to change from time to time. These changes are outside of our control.

Colorado icon

Colorado

719-650-4866
[email protected]

Wisconsin icon

Wisconsin

608-301-0250
[email protected]

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