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):
a) transmit any content that is invasive of another’s privacy or otherwise objectionable;
b) use foul language or post links to adult-oriented content;
c) transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of unrequested solicitation;
d) post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
e) collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail.
f) copy, modify, adapt, translate, or reverse engineer any portion of the Website, its content or materials and/or the Services;
g) remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or the Services or in or on any content or other material obtained via the Website and/or the Services;
h) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Services;
i) access, retrieve or index any portion of the Website and/or the Services for purposes of constructing or populating a searchable database of reviews related to the animal health care industry or veterinarians;
j) reformat or frame any portion of the web pages that are part of the Website and/or the Services;
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.
