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I&G
USA Web Site Policy And Terms of Use
1.
Disclaimer
The
Content available through the Site is for informational and educational purposes
only and is not a substitute for the professional judgment of the professional
veterinarian in diagnosing and treating animals. We do not give veterinarian
advice, nor do we provide veterinarian or diagnostic services. Your reliance
upon Content obtained by you at or through the Site is solely at your own risk. WE
CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF
INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE
SERVICES.
2.
Acceptance of Terms of Use
igd-usa.com
and animalimmobilizer.com (“IGD-USA.COM”) is provided free of charge
to you by I&G Distributors USA ("I&G USA") under these Terms
of Use. Although igd-usa.com may be viewed simply by visiting the Site, in order
to publish a message in the Discussion Forum and/or receive additional services
from I&G USA you need to register with I&G USA. If you browse the Site
as a guest, these Terms of Use will govern your use of IGD-USA.COM, including
access to Discussion Forums and other features. If you register with I&G
USA, these Terms of Service will govern your use of IGD-USA.COM, including
access to Discussion Forums, the e-mail account which may be provided to you in
connection with igd-usa.com and other features. BY BROWSING IGD-USA.COM AS A
GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE
"SUBMIT" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY
THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms
of Use govern your use of IGD-USA.COM and all services provided in connection
with IGD-USA.COM, including but not limited to any e-mail accounts provided to
you by I&G USA. I&G USA shall not be liable to you for any breach of
these Terms of Service. If you do not agree to these Terms of Use, please do not
register for or enter IGD-USA.COM. The Terms of Use for your continued use of
IGD-USA.COM will be available throughout IGD-USA.COM. Please check these areas
before using IGD-USA.COM to determine whether a change has been made to these
Terms of Use. If you do not agree to these changes in the Terms of Service as
they may occur, please arrange to terminate your registration with IGD-USA.COM
immediately (i) by notifying I&G USA of your unwillingness to accept the
changes to the Terms of Use; and (ii) by discontinuing your use of IGD-USA.COM.
Your continued use of IGD-USA.COM will signify your acceptance of any change in
the terms and conditions set forth herein.
From time to time I&G USA may supplement these Terms of Use with additional
terms pertaining to specific content or events, ("Additional Terms"),
which Additional Terms may be placed on IGD-USA.COM to be viewed in connection
with the specific content or events and shall be identified as such. You
understand and agree that such Additional Terms are hereby incorporated by
reference into these Terms of Use.
3.
Registration Information/Privacy Policy
When you register for IGD-USA.COM, you will be required to provide I&G USA
with the following information: your name, phone contact, email address, zip
code. In addition, you may choose to provide IGD-USA.COM with additional
information, including: your address.
Except as provided herein, I&G USA will not sell to any third party your
name, address, email address, unless you provide your informed consent, except
to the extent necessary to comply with applicable laws, police investigations,
or in legal proceedings where such information is relevant. I&G USA allows
access to database information by third parties providing technical services,
such as e-mail, but only to the extent necessary to provide you with those
services. In those instances, the third party is bound by these terms. Your
informed consent shall be in the form of an "opt in" or similar
policy. You understand and agree that I&G USA may disclose to third parties
your zip code but only in the form of aggregated information. In addition, you
agree that I&G USA may assign, sell, license, or otherwise transfer to a
third party, your name, address, email address, member name and any other
personal information in connection with an assignment, sale, joint venture, or
other transfer or disposition of a portion or all of the assets or stock of
I&G USA or its affiliated entities. I&G USA reserves the right to offer
you third party services and products based on the preferences that you identify
during the registration process and based on your subsequent preferences; such
offers may be provided to you by I&G USA.
4.
Termination
I&G USA reserves the right, at its sole discretion, to immediately, without
notice to suspend or terminate (i) these Terms of Use; (ii) your registration
with or ability to access IGD-USA.COM and/or any other service provided to you
by I&G Distributors upon any breach by you of the Terms of Use.
5.
Modifications of these Terms of Service
I&G USA may modify these Terms of Service from time to time in its sole
discretion. Each time you log on to IGD-USA.COM, you will be deemed to have
accepted any such changes.
6.
Modifications of IGD-USA.COM
I&G USA may modify or discontinue IGD-USA.COM with or without notice to you
and without liability to you or any third party.
7.
Content of Messages
You alone are responsible for the content of your messages, and the consequences
of any such messages. I&G USA reserves the right to terminate your
registration if it becomes aware and determines, in its sole discretion, that
you are violating any of the following guidelines.
Further,
I&G USA does not represent, warrant or guarantee the truthfulness, accuracy,
or reliability of any of the material posted in Discussion Forums. We also do
not endorse any opinions expressed in Discussion Forums. YOU ACKNOWLEDGE THAT
ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
Any
use by you of any other subscriber's information, personal or otherwise, for any
commercial purpose or to obtain direct financial gain (e.g. mass marketing) is
prohibited. Any such use shall be deemed to be a violation of these Terms of
Use. IGD-USA.COM is to be used by you for your personal use only. Commercial
uses of IGD-USA.COM are strictly prohibited unless prior written consent from
I&G USA has been granted. You agree that you will not use IGD-USA.COM for
chain letters, junk mail, 'spamming,' solicitations (commercial or
non-commercial) or bulk communications of any kind including but not limited to
distribution lists to any person who has not given specific permission to be
included in such a list.
You further agree not to use IGD-USA.COM to send or post on message boards or
any place on IGD-USA.COM, any message or material that is unlawful, harassing,
libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane,
sexually oriented, threatening, racially offensive, inaccurate, or otherwise
objectionable material of any kind or nature or that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation, or encourage the use of controlled substances. I&G USA reserves
the right to delete any such material from IGD-USA.COM. I&G USA will
cooperate fully with any law enforcement officials and/or agencies in the
investigation of any person or persons who violate the Terms of Use contained in
this Section 6.
You agree not to impersonate any other person or entity, whether actual or
fictitious, including impersonating an employee or consultant of I&G USA.
You further agree not to use an inappropriate member name of any kind.
You agree not to post or use IGD-USA.COM to distribute or send any illegal
material of any kind, including but not limited to, illegal material in the form
of text, graphics, video, programs or audio. Posting content or participating in
any form of discussion with the intention to commit any illegal activity is
strictly prohibited.
You acknowledge that (i) I&G USA permits access to content that is protected
by copyrights, trademarks and other intellectual and proprietary rights
("Rights"); (ii) these Rights are valid and protected in all media and
technologies existing now or later developed; and (iii) except as explicitly
provided otherwise, the Terms of Use and applicable copyright, trademark and
other laws govern your use of such content. You may not post to IGD-USA.COM,
copy, reproduce, retransmit, distribute, publish, commercially exploit or
otherwise transfer any material subject to any Rights. The burden of determining
that any information, software, images or any other content on IGD-USA.COM is
not protected by Rights rests with you. You acknowledge that I&G USA may
acquire Rights to use any posted materials as described below, and that you will
not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your name, to any "public
area" of IGD-USA.COM, including Discussion Forums and chat rooms, you grant
I&G USA and its affiliates a royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any Rights that
may exist in such content. You also warrant that the holder of any Rights,
including moral rights in such content, has completely and effectively waived
all such rights and validly and irrevocably granted to you the right to grant
the license stated above. You also permit any subscriber to access, display,
view, store and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on IGD-USA.COM retains any and all
Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT
TO ANY DISCUSSION FORUMS ON IGD-USA.COM, YOU HEREBY EXPRESSLY PERMIT I&G
DISRTIBUTORS USA TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE FORUM
IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED
IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY I&G USA IN
WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE
IDENTIFIED.
8.
Third Party Services
You may order services or merchandise through IGD-USA.COM from other persons not
affiliated with I&G USA ("Seller"). All matters concerning the
merchandise and services desired from Seller, including but not limited to
purchase terms, payment terms, warranties, guarantees, maintenance and delivery,
are solely between you and Seller. I&G USA makes no warranties or
representations whatsoever with regard to any goods or services provided by
Sellers. You will not consider I&G USA nor will I&G USA be construed as
a party to such transactions, whether or not I&G USA may have received some
form of revenue or other remuneration in connection with the transaction or be
liable for any costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transaction.
I&G USA may include special routing icons which may be located within
IGD-USA.COM, the activation of which will allow you to access and learn more
about I&G USA and other services provided by I&G USA or its affiliates
whereby the use of such icons is free of additional charge to you. WHEN YOU
ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY
THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
9.
Registration and Password
You are responsible for maintaining the confidentiality of your Information and
password. You shall be responsible for all uses of your registration, whether or
not authorized by you. You agree to immediately notify I&G USA of any
unauthorized use of your registration or password.
10.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF IGD-USA.COM IS AT YOUR SOLE RISK. IGD-USA.COM IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. I&G USA
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
I&G USA MAKES NO WARRANTY THAT IGD-USA.COM WILL MEET YOUR REQUIREMENTS, OR
THAT IGD-USA.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
I&G USA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF IGD-USA.COM. I&G USA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE
UNAVAILABILITY OR MALFUNCTION OF IGD-USA.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF IGD-USA.COM IS AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT I&G USA DOES NOT GUARANTEE THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH IGD-USA.COM.
I&G USA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS
OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE
UNDERSTANDING THAT NEITHER I&G USA NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE
PARTICIPATING IN IGD-USA.COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL,
COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. I&G USA ENCOURAGES YOU
TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM
WHICH YOU MAY HAVE.
I&G USA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED
TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS
CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN
IGD-USA.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM I&G USA OR THROUGH IGD-USA.COM SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
I&G USA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH IGD-USA.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH
IGD-USA.COM.
I&G USA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB
PAGES THAT IS CONTAINED OUTSIDE I&G USA'S SITE. As a convenience to our
members, we may provide links to resources which are beyond our control. We make
no representations as to the quality, suitability, functionality or legality of
any sites to which we may provide links, and you hereby waive any claim you
might have against I&G USA with respect to such sites.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, I&G USA MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR
SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. I&G USA
specifically disclaims liability for direct, consequential or incidental damages
arising from such advertisements. By posting a personal or classified
advertisement on IGD-USA.COM, you are promising that the content of your
advertisement is true and that you will indemnify I&G USA against any claims
which may arise from your advertisements. By responding to a classified or
personal advertisement on IGD-USA.COM, you waive any claims against I&G USA
for damages arising from such advertisement or your reliance upon statements in
such advertisement.
11.
Limitation of Liability
I&G USA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
IGD-USA.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH IGD-USA.COM OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF I&G
USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.
Posted Message Storage
I&G USA assumes no responsibility for the deletion of or failure to store
posted messages.
13.
Promotional Messages
I&G USA and/or third parties may, from time to time, send e-mail messages to
you containing advertisements, promotions, etc. I&G USA makes no
representation or warranty with respect to the content of any such e-mail
messages or any goods or services which may be obtained from such third parties,
and you agree that neither I&G USA nor such third party shall have any
liability with respect thereto.
14.
Indemnification
You agree to indemnify and hold each of I&G USA, their partners,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of IGD-USA.COM, the violation of these Terms of Use by
you, or the infringement by you, or any other subscriber of your account, of any
intellectual property or other right of any person or entity.
15.
Applicable Law
These Terms of Service shall be governed by and construed in accordance with the
laws of the State of Georgia, without giving effect to its conflict of laws
provisions.
16.
Remedies for Breach of these Terms by You
In the event that I&G USA determines, at its sole discretion, that you have
breached any portion of these Terms of Use, or have otherwise demonstrated
conduct inappropriate for the community of IGD-USA.COM, I&G USA reserves the
right to (i) warn you via e-mail that you have violated these Terms of Use; (ii)
delete any content provided by you or your agent(s) to IGD-USA.COM, (iii) delete
all content provided by you to IGD-USA.COM, (iv) discontinue your registration
with IGD-USA.COM and/or any other I&G USA forum; (v) notify and/or send
content to and/or fully cooperate with the proper law enforcement authorities
for further action; and/or (vi) any other action which I&G USA deems to be
appropriate.
17.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under
which the Terms of Use are to be construed or if any such provisions are held
invalid by a court with jurisdiction over the parties to the Terms of Use, such
provision will be deemed to be restated to reflect as nearly as possible the
original intentions of the parties in accordance with applicable law, and the
remainder of these Terms of Use will remain in full force and effect.
I&G USA may assign its rights and obligations under these Terms of Use and
upon such assignment I&G USA may be relieved of any further obligation
hereunder.
You represent to I&G USA that you have the authority to register with
IGD-USA.COM according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified
when posted on IGD-USA.COM by I&G USA) constitute the entire understanding
between the parties as to subject matter hereof, and supersede all prior
agreements and understandings. Any legally unenforceable provision of these
Terms of Service will, at the election of I&G USA, be deleted or modified to
correct the defect and, regardless, the remainder of the terms of these Terms of
Service will remain valid and enforceable.
I&G USA reserves the right to charge fees, surcharges and/or membership fees
at any time upon thirty (30) days prior written notice to you.
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