TERMS AND CONDITIONS OF USE
This Website, Heska.com, is operated by Heska Corporation, 3760 Rocky Mountain Avenue, Loveland, Colorado 80538. Your use of this Website is governed by the following Terms and Conditions. Please take a few minutes to review these terms before continuing.
By accessing and using this Website, you represent that you are of legal age and capacity to enter into a contractual relationship, and you agree to follow the rules, Terms and Conditions herein and to be legally bound by them. If you are not capable of entering into this agreement or do not agree with any of these Terms and Conditions, you may not use the Website.
The Terms and Conditions May Change
Heska reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as updated. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
Submissions
We welcome your comments regarding this Website, however, any comments, feedback, notes, messages, ideas, suggestions or other comments ("Comments") sent to Heska shall be and remain the exclusive property of Heska. Your submission of any such Comments shall constitute an assignment to Heska of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Heska will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Copyright Notice
The content available on this Website, including, for the purpose of illustration and not limitation, the page headers, images, illustrations, graphics, audio clips, video clips and text, may be subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Heska, one of its affiliates or by third parties who have licensed their materials to Heska. The Heska logo is a registered trademark of Heska Corporation in the U.S. and other countries.
The content of this Website, and the site as a whole, is intended solely for personal, noncommercial use. You may not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any materials is transferred to you as a result of viewing or accessing this Website. Heska reserves complete title and full intellectual property rights in any content you download from this Website.
You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Website without first obtaining written permission from Heska.
Digital Millennium Copyright Act Notice
If you are a copyright owner and believe that any third party content or other content found on the Website infringes upon your copyright(s), you (or your agent) may send a notice pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") requesting that Heska remove the material or restrict access to it. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice to Heska. If you wish to send a notice or counter-notice to company please visit http://copyright.gov/ for details.
All notices, counter-notices, and complaints should be sent to Heska Corporation at the following address:
Heska Corporation
Attn: DMCA, Laney Keefe
3760 Rocky Mountain Avenue
Loveland, Colorado 80538
E-Mail:laney.keefe@heska.com
DISCLAIMERS –– GENERAL
THIS WEBSITE, HESKA.COM, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, HESKA CORPORATION AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, THE HESKA CORPORATION AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE HESKA CORPORATION AND ITS AFFILIATES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. ONCE YOU EXIT THE WEBSITE, YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER THIRD-PARTY WEBSITE.
THE HESKA CORPORATION AND ITS AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE HESKA CORPORATION AND ITS AFFILIATES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE HESKA CORPORATION AND ITS SUBSIDARIES AND AFFILIATES OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY HESKA CORPORATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE HESKA CORPORATION AND ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED AN AGGREGATE AMOUNT OF ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION
You agree to indemnify, defend and hold Heska its subsidiaries and affiliates, and each of their officers, directors, shareholders, employees, contractors, partners, agents, and attorneys harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in connection with (i) your use of and access to the Website, (ii) your violation of any term of these Terms and Conditions, (iii) your violation of any "third-party" right, or (iv) any claim that your uploaded content caused damage to Heska or a "third-party". Your defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF COLORADO, UNITED STATES OF AMERICA. ANY ACTION TO INTERPRET OR ENFORCE THESE TERMS SHALL BE BROUGHT IN THE COURTS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
Copyright 2009 Heska Corporation. All Rights Reserved.