| Terms and Conditions THIS SOFTWARE IS NOT FOR COMMERCIAL PET FOOD FORMULATION. User Agreement THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE (“Site”). BY ACCESSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY. These Terms and Conditions of Use (“Terms and Conditions”) explain the contractual agreement between you and us regarding your use of the Site and any activities and transactions you may conduct through the Site. In these Terms and Conditions, the words “you” and “your” refer to any person accessing data via the Site, and the words “we”, “us” and “our” refer to www.. 1. Scope; Changes These Terms of Use represent the entire Agreement between BalanceIT.com, (“we”, “our” and “us”) and you, superseding prior agreements concerning the same subject matter. WE MAY CHANGE THESE TERMS OF USE AY ANY TIME. WE URGE YOU TO REVIEW THESE TERMS OF USE EACH TIME YOU VISIT THE SITE. BY ACCESSING THE SITE AFTER A CHANGE TO THESE TERMS OF USE, YOU WILL HAVE ACCEPTED THE CHANGES. 2. Ownership All materials on this Site, including but not limited to audio, images, software, text and video clips (collectively referred to as the “Content”) are protected by copyright laws and international conventions. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of propriety logos, service marks and trademarks found on this Site belonging to BalanceIT.com or other corporations. By making them available on this Site, BalanceIT.com is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. 3. Conduct You may not use the Site: • To send, receive, upload, download, store, archive, use or re-use any information or material that is defamatory, obscene, offensive, abusive, threatening, menacing, harassing, indecent, or in breach of confidence, copyright, privacy or any other rights; • To cause annoyance, inconvenience or needless anxiety; • To send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided by any third party using the Site; or • Other than in accordance with these Terms and Conditions and policies for the acceptable use of any Linked Sites. 4. Limited License This Site is provided by BalanceIT.com and may be used for informational purpose only. By using this Site or downloading materials from this Site, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions, do not use this Site or download materials from this Site. Subject to your continued compliance with the terms and conditions set forth in this Agreement, BalanceIT.com grants you, a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You may download one copy only of the Content to be used only by you for your non-commercial personal use unless the site you are accessing states that you may not. If you download any Content, you may not remove any copyright or trademark notices or other notices that go with it. You agree not to distribute or reproduce any of the Content downloaded by you. 5. Rights to User’s Material If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way BalanceIT.com uses such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by BalanceIT.com anywhere in the world, in any medium, forever. Furthermore, BalanceIT.com is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that BalanceIT.com is not obligated to use any such ideas or materials and you have no rights to compel such use. 6. NO WARRANTY YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS-IS”, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NONINFRINGEMENT OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR THE RESULTS OBTAINED BY USING THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE THROUGH THE SITE. 7. Databases Maintained by DVMC While great care has been taken in organizing and presenting the material in the Product, DVMC does not warrant or guarantee any of the products described, or medical device information contained, and does not perform any independent analysis in connection with any of the product descriptions or data. DVMC does not assume, and expressly disclaims, any obligation to obtain and include any information other than that which it chooses to maintain in its database. It should be understood that by making this material available DVMC is not advocating the use of any product described in the Product, nor is DVMC responsible for misuse of a product due to typographical error. Additional information on any product may be obtained from the manufacturer or distributor. 8. LIMITATION OF LIABILITY IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WIHTOUT LIMITATION, ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO US $500. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE UNDER APPLICABLE LAW. 9. Indemnification You agree to indemnify, defend and hold BalanceIT.com and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorney’s fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in BalanceIT.com’s defense of any claim. BalanceIT.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BalanceIT.com. 10. Governing Law; Jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, and both parties submit to the non-exclusive jurisdiction of the State of California courts. 11. Severability; No Waiver If any provision of these Terms of Use, or their application to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. Neither our failure nor our delay in exercising, enforcing or taking action against you with respect to any of our rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by use of any of our powers or rights will preclude us from exercising such powers and rights in the future or form exercising other powers and rights. 12. PLEASE ALSO SEE SUBSCRIBER LICENSE AGREEMENT, IF YOU ARE A SUBSCRIBER TO THE LOGIN SECURED SITE. AS IT MAY FURTHER DEFINE, LIMIT OR RESTRICT YOUR USE OF THIS WEBSITE. 13. Copy of Terms of Use A copy of these Terms of Use may be printed by using your browser’s Print function. 14. Contact Information Comments and questions regarding these Terms of Use should be directed to info@BalanceIT.com. Subscriber License Agreement/Company Code of Privacy Subscriber License Agreement By completing your registration to become a user of Davis Veterinary Medical Consulting, P.C.'s ("DVMC") web site ("the Product"), you (the "User") agree with Davis Veterinary Medical Consulting, P.C., to be bound by the terms and conditions set forth in this Agreement. Read this Agreement carefully. You will be bound by its terms whenever you use the Product. DVMC is willing to license the software, data, and documentation contained in the Product to you only upon the condition that you accept all of the terms contained in this license agreement. 1. License DVMC grants, and the User hereby accepts, a nonexclusive, nontransferable, revocable license to use the software, data, and documentation contained in the Product on the terms and conditions set forth in this Agreement. License and online registration are granted for individual healthcare providers only. Users must register and be validated as a U.S.-based DVM, VMD, (or foreign graduate licensed in the US), AT, AHT, CVT, LVT, RVT, VT, or a U.S. veterinary medical student, intern or resident. If you are having difficulty being validated, please call BalanceIT.com Customer Service at 888.346.6362. 2. Protection and Security The User shall take all reasonable steps to ensure that no unauthorized person shall have access to the Product. The User shall not divulge, sub-license, assign, or transfer to any third party the username and password established during registration. The User understands that registration will be required prior to use of the Product and that provision of a username and password will be required prior to each use for some or all of the Product. 3. Termination The User may terminate this license at any time by notifying DVMC in writing via e-mail to info@balanceit.com. DVMC may at its sole discretion terminate this license at any time, with or without prior notification, in the event the User fails to comply with the terms and conditions of this agreement, by deactivating the User's username and password or suspending operation of the system. DVMC reserves the right to modify or terminate the DVMC agreement, services and/or product offerings through DVMC at any time without notice to the User. DVMC has the right to terminate a membership at any time. 4. Copyright/Trademark and Restrictions All data on file in the Product, and all documentation and software therein, is the property of DVMC, its licensors, or their respective owners, and is protected by copyright and other intellectual property laws. Information received through DVMC is to be used solely for individual purposes. None of the content of DVMC may be reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), resold, or redistributed without the prior written consent of DVMC, except that the User may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: For information obtained from DVMC sources or databases: "Copyright ©200_ by Davis Veterinary Medical Consulting, P.C. All rights reserved." Balance IT® is a trademark of DVMC. All other trademarks and registered trademarks are the property of their respective owners. The user should assume all products listed are registered as some food are displayed without the corresponding "™" or "®" symbols. 5. Databases Maintained by DVMC While great care has been taken in organizing and presenting the material in the Product, DVMC does not warrant or guarantee any of the products described, or medical device information contained, and does not perform any independent analysis in connection with any of the product descriptions or data. DVMC does not assume, and expressly disclaims, any obligation to obtain and include any information other than that which it chooses to maintain in its database. It should be understood that by making this material available DVMC is not advocating the use of any product described in the Product, nor is DVMC responsible for misuse of a product due to typographical error. Additional information on any product may be obtained from the manufacturer or distributor. 6. Warranty Disclaimer User recognizes that the Product is to be used only as a reference aid. They are not intended to be a substitute for the exercise of professional judgment. Information provided through the Product is generated not only through internal resources of DVMC, but also through external consultants and third-party sources. Inherent hazards of electronic distribution may result in delays, omissions, or inaccuracies in such information and the Product. Veterinary medicine is an ever-changing science. In view of the possibility of human error or changes in veterinary medical science, Users are advised to confirm the information in the Product through independent sources. ALL DATA, SOFTWARE, AND DOCUMENTATION IN DVMC ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DVMC AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT, OR THE USE THEREOF. NEITHER DVMC NOR ITS LICENSORS SHALL BE LIABLE UNDER ANY CLAIM, DEMAND, OR ACTION ARISING OUT OF, OR RELATING TO, THE USER'S USE OF THE PRODUCTS, NOR THE PERFORMANCE OF THE PRODUCTS OR THE LACK THEREOF UNDER THIS AGREEMENT FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE PRODUCTS, WHETHER OR NOT DVMC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND, OR ACTION. NEITHER DVMC NOR ITS LICENSORS MAKES ANY WARRANTY THAT THE PRODUCT IS COMPATIBLE OR OPERABLE WITH THE USER'S COMPUTER EQUIPMENT OR SOFTWARE, THAT THE PRODUCTS WILL PERFORM WITHOUT INTERRUPTION OR FREE OF ERRORS, OR THAT THE INFORMATION CONTAINED THEREIN SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR COMMERCIAL PET FOOD. No salesperson or other representative of any party involved in the distribution of the Product is authorized to make any warranties with respect to the service beyond those contained in this Agreement. Oral statements do not constitute warranties, shall not be relied upon by the User, and are not a part of this Agreement. 7. Privacy Policy/Disclosure of Member Information to Third Parties We at DVMC understand how important your privacy is to you, and want you to know that it is also important to us. We feel a critical part of demonstrating that importance is providing you with information to give you a full understanding of how we use the data we collect online about you and your use of our web site. The following privacy policy will provide you with information on the types of data we gather on BalanceIT.com, the uses we make of it, the third parties to whom we may give access, the opportunities you have to choose how and where the information is used, the security precautions we use to protect the data, and your rights to review and correct the data. The information we collect about you online: General information from the BalanceIT.com web site: Much of the information that DVMC collects from visitors who access our web site is general in nature. Through a tracking software package widely used by web site operators, we collect information on traffic patterns, including other web sites which serve as exit/entry points, navigation routes through the site, and the number of times each page is visited. No cookies are used to gather this information, and no other customer-specific information is obtained automatically. There are several locations on BalanceIT.com which allow visitors to submit comments or requests online via a form template or e-mail. These submissions are completely voluntary, but most require that the visitor submit some identifying information such as a name and/or e-mail address. Other required and/or optional information may be requested by DVMC in connection with a visitor submission, although the specific information requested will vary from form to form. Specific information from the BalanceIT.com web site: Access to much of the content on BalanceIT.com is restricted to various types of healthcare practitioners. We require visitors to register on our site in order to authenticate them as being one of those types of practitioners entitled to access BalanceIT.com in accordance with the access policy in effect at the time. We use various authority files to validate visitors as the type of veterinary professional they report being. This is done by matching information provided by the visitor during the registration process to that found in the relevant authority file. The match is done solely for the purpose of authenticating the visitor's profession. No information is appended to the authority file nor is the registration request shared with any other party, including the provider of the authority file. In some cases, we do report back to the provider of an authority file that a certain number or percentage of the records in its file were accessed for the purposes of validation, but we do not disclose individual names or other identifying data. In most cases, only one registration is permitted for any given record in an authority file Once a visitor accepts our license agreement and is registered on our site, a user name and password is required to subsequently regain access to BalanceIT.com. Combined with the use of cookies (which are required), they enable DVMC to collect the IP address of the computer being used, the length of the particular session, the date of a particular session, pages viewed, products downloaded, searches performed, reports generated, and other similar information about an end user session. However, DVMC does not automatically collect information online regarding other sites that an end user visits (other than the page from which an end user enters the product and the page to which an end user exits from the product), other programs which an end user may have on its computer, or any content on an end user's hard drive. What we do with your information: General information from the BalanceIT.com web site: The tracking information DVMC collects regarding traffic to its web site is viewed in the aggregate, and gives us an idea of the areas of interest visitors are pursuing when they come to our site. This knowledge is used to assist us in designing and enhancing the content and layout of the site and in making adjustments to navigation paths, all of which can help us to provide our visitors with a more user-friendly, positive experience. Passwords and usernames that are entered by visitors to access certain content sets are used to ensure that only visitors who are qualified to access BalanceIT.com are able to do so. Finally, information that visitors submit via e-mail or form template to one of the DVMC mailboxes is primarily used to accomplish the visitor's purpose in making the particular submission, whether it is a technical support question, a request for a free trial or promotional materials, pursuit of employment opportunities, product enhancement suggestions, contest participation, etc. Secondarily, this information may be added to a database of leads for follow-up by our sales force via sales calls or marketing campaigns in order to provide information on other DVMC products and programs which might serve those visitors' needs. Specific information from the BalanceIT.com web site: The usernames and passwords that visitors submit at the beginning of a session are used by DVMC to verify that the visitor is a valid, registered user of BalanceIT.com . Other information that DVMC gathers serves important purposes as well. In its aggregate form, information concerning traffic patterns and usage plays a vital role in DVMC's ability to refine and add content and presentation features and to prioritize development and update activities so that the DVMC product better fits the needs of its customers. It also helps us to know what parts of the product are most valuable to our customers, and what parts are under-utilized, enabling us to develop more effective marketing materials with which to inform our customers. For those visitors who register online for access to the DVMC product, the information they submit serves several important purposes. DVMC may use this information to notify those visitors of content corrections, new information or other information relevant to their use of the product. In addition, DVMC may use the information in its marketing activities. Through the use of cookies, DVMC may customize content, messaging, and/or advertising a visitor sees based on his or her profession, medical specialty, or other defining characteristic, such as city or state of residence. Third party access to your information: Generally, we only give access to information on individual users to a third party when the users have given us express permission, and then only to reputable organizations that have a product or service relevant to veterinary professionals. Third party access to your information will only occur if you have indicated your consent at registration and have not subsequently withdrawn it. There will be some instances where DVMC finds it necessary to share your information with third parties whether or not you have granted us express permission. Some of these exceptions include: Agents and Business Partners - From time to time, DVMC may employ other companies to assist it with various functions, such as fulfillment activities, data analysis, marketing initiatives and customer services, to name a few. These agents may have access to information about you in order to perform these functions on DVMC's behalf, but are prohibited from using it for any other purpose. Additionally, DVMC may be involved with strategic business partners who need to know customer information for such purposes as joint marketing initiatives and accounting. Again, these entities are prohibited from using the information for any purpose other than that for which it was provided. Business Transfers - As DVMC's business grows and changes, we may buy or sell other companies or assets. In many of these transactions, visitor information is one of the business assets that is transferred. Additionally, in the unlikely event DVMC is acquired by another corporation or enters bankruptcy proceedings, visitor information will be transferred to a third-party purchaser. Judicial and Law Enforcement Agencies - We may occasionally be obligated by law to provide information concerning our visitors to law enforcement officials or to judicial agencies. Additionally, DVMC may request its visitors to submit information with the specific intent that such information will be disclosed to the public, as with contest entries and testimonials. In these cases, DVMC will inform you prior to submission that the information may be disclosed to the public, and your submission of the information will be considered consent for such disclosure. Your opportunity to choose: You may consent or not and still gain access to BalanceIT.com. If you give your consent and subsequently wish to withdraw it, you may access the "USER Profile" feature on the web site. How we protect your information: DVMC protects your information from unauthorized disclosure, alteration or use through our internal management policies and procedures, including educating our employees on the importance of keeping customer information confidential and accurate. Additionally, we use SSL (secure sockets layer) protocols on all web pages where your personal information is either gathered or displayed except on the sign up form for product purchases. BalanceIT.com requires input of a valid username and password before access is granted. As with your user IDs and passwords for all software programs, you should keep these identifiers in a secure location and only disclose them to others with a need to know. You should also make sure to sign off when you are finished using the site to prevent unauthorized access. Your rights to review and correct your information: One of the most important aspects of privacy is a person's ability to know what information about him or her is being maintained by a company and to request and obtain correction of erroneous information. In furtherance of this ideal, DVMC includes a "USER Profile" feature on BalanceIT.com. Once logged in to the site, you can navigate to a page where you can see the personally identifiable information we have on file about you. If you review the information and feel that it is inaccurate, you may correct it there. If you have further questions or comments about your personal information as it appears, you can contact us by: 1) E-mail at info@balanceit.com; 2) Telephone inside the U.S. at 888.346.6362; 3) Telephone outside the U.S. at 530.756.3862; 4) Facsimile at 530.756.3863, Attention: BalanceIT.com Customer Service; 5) Mail to Davis Veterinary Medical Consulting, PC, 707 Fourth Street, Suite 307, Davis, CA 95616, Attn: BalanceIT.com Customer Service Please include your name and address, e-mail address, your particular concern, and why the information we have is incorrect. You will receive a response within five working days verifying that we have received your message and explaining how we are addressing your concern. A final word: In the event DVMC makes any changes to its privacy policy, as described above, we will post those changes on BalanceIT.com for you to review. Please feel free to visit often. 8. General If any provision of this Agreement is determined to be invalid under any statute or rule of law, the same shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement shall be deemed to be made in the State of California and shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the State of California applicable to contracts executed and to be wholly performed therein. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. No amendment or modification of any provision of this Agreement will be effective unless set forth in a document that purports to amend this Agreement and both parties accept that hereto. This Agreement is personal to you and you may not assign your rights or obligations to anyone. If you have any questions about DVMC's Subscriber License Agreement/Company Code of Privacy, please send an e-mail to info@balanceit.com, or write to Davis Veterinary Medical Consulting, P.C., 707 Fourth Street, Suite 307, Davis, CA 95616, attn: Customer Service. Davis Veterinary Medical Consulting, PC is a leading provider of veterinary nutritional information and services that support the clinical and technical needs of the veterinary profession and the veterinary nutrition industry. We are committed to continually strengthening our leadership position by being the quality standard by which all veterinary nutritional information products and services are measured. The company, through its products and services, marketing and customer service, and research and development activities, is focused on providing vital information and value-added products that help veterinary professionals deliver quality patient care to pets and the veterinary nutrition industry create and provide quality pet products. | Complimentary Tools
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Patent pending software and supplements
Patent pending software and supplements