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TERMS AND CONDITIONS OF USE

Website Terms of Use

Last Modified: April 4, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and The House Call Vet Academy, LLC ("Company"). The following terms and conditions, together with any other policies they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.dreveharrison.com and any and all of the Company’s associated pages, tabs, landing pages, forms, or sub-pages.) (the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet this requirement, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out herein will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Special Terms Concerning Courses, Conferences, and Trainings 

 

This section shall be referred to as the “Customer Terms”. 

 

Applicability. These Customer Terms provides the terms for an online training as described herein (“Customer Terms”). Training shall be offered by Dr. Eve Harrison (“Instructor”) for the purposes of providing education to veterinary students or professionals on starting and/or operating a veterinary business (“Training”). Any person or entity that purchases a Training shall be referred to herein as a “Customer”. Any accompanying invoices, program, service or class descriptions on the website, and these Customer Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous communications, both written and oral. In the event of any conflict between these Customer Terms and any other program, service or class descriptions on the website, these Customer Terms shall control.

 

Refunds. All fees are non-refundable. 

 

Late Payments. Company reserves the right to charge 2% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.

 

Example:

$100                            due                  March 1

$101.50                       due                  March 15

$103.03                       due                  March 16

Sent to Collections                              April 15

 

After 30 days of outstanding payment, Company reserves the right to send Customer to collections, upon which Customer will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.

 

Sales Use and Tax. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder.

 

Chargebacks. Customer agrees not to attempt any chargebacks with his/her/its bank, credit card company or payment processor related to this Agreement. In the event of a chargeback attempt, Customer will be in breach of this Agreement, and in addition to all other remedies available to Company, Customer expressly agrees to forfeit access to any and all of Training Materials. We reserve the right to present proof of the Customer’s access and these Terms to the financial institution investigating the dispute.

Recurring Payments. To ensure compliance with payments under any installment plan herein, and before the Effective Date, Customer will provide Company with Customer’s necessary credit card information (“Account”). Customer authorizes Company to deduct the amounts due each month under any applicable installment plan from Customer’s Account (“Auto Debit”). No prior notification will be provided to Customer for each Auto Debit. This authorization will remain in effect until the fees are paid in full. Customer agrees to notify Company in writing of any changes in the Account information. In the case of an Auto Debit transaction being rejected for insufficient funds (“NSF”), Customer agrees that Company may at its discretion attempt to process the charge again within 30 calendar days of the failed attempt, and agrees to an additional $100 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized payment.  Customer certifies that he/she/it is an authorized user of the Account and will not dispute the scheduled transactions with his/her/its credit card company; provided the transactions correspond to the terms indicated herein.

                                                                                                ‌                                                                                                                                       

Personal Use Only. By signing this Agreement, Customer understands that the Training is for personal, non-commercial use only. For clarity, Customers are strictly prohibited from using practices, methods and other Training Materials for Customer’s teaching or coaching purposes (i.e. Customers cannot use the material for the purposes of training others on the subject matters). Under no circumstances shall the Training Materials be resold to third parties by Customer (directly or indirectly). Customer shall credit The House Call Vet Academy or Dr. Eve Harrison when publicly referencing the practices and methods learned in the Training.

Customer is taking the Training SOLELY for the benefit of their OWN independent house call or mobile veterinary business. Customer will NOT present the intellectual property featured in the Training as their own original material in any context (i.e., social media posts, or to any other company or mobile veterinary service by which they may be employed). While participating in The House Call Vet Academy course or one-to-one coaching with Dr. Eve Harrison, and for a period of two years following completion of the course or coaching, Customer will NOT create an academy, continuing education program, or course similar to The House Call Vet Academy; or position themselves as a formal mentor, consultant, coach, writer, provider of continuing education, or public speaker for practicing veterinarians or veterinary students in the subjects that are contained in this course.  Sadly, due to ongoing misuse of intellectual property & trade secrets from within the Training, these boundaries have become necessary.  The customer is NOT participating in the House Call Vet Academy course as a representative or agent of a house call veterinary chain, franchise, or large multi-location corporation. The customer understands and accepts these terms, evidenced by their continued use of this website, and/or submission of payment (or payment plan).

You, the Customer, swears under penalty of perjury that you are seeking education through this Website, Courses, Conferences, and this platform solely on your own behalf and not as an agent or representative of any Federal, State, County, or City Agencies; that you neither represent any Board (e.g. Veterinary, Zoning, etc) or Licensing Agency (e.g. government, healthcare, etc); nor are you on a mission of entrapment or investigation on behalf of these entities or any other agencies either on this or any subsequent appointment(s). You agree to pay $250,000 USD (Two Hundred Fifty Thousand United States Dollars and no cents) in liquidated damages if you are found to be in violation of this covenant.

                                                                                                                       

Course Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to Customer under these Customer Terms, including any practices, resources, processes, assessments, tools, or methodologies, that Customer learns in the Training (collectively, the “Training Materials”) is owned by Company.

 

Company hereby grants Customer a license to use all Training Materials free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully paid-up, royalty-free, to the extent necessary to enable Customer to make use of the Training Materials for Customer’s own veterinary business and no other commercial purposes. Training Materials may not be reproduced for any reason and any sharing, public discussion or publication of the Training Materials with third parties is strictly prohibited. 

As a member of the House Call Vet Academy, Customer will be held to the highest principles of academic & entrepreneurial integrity. Proprietary language, original systems, and wording that is unique to Dr. Eve Harrison's own mobile practice that is shared with you, including client communication templates, language used on any of Dr. Eve's Harrisons own websites or public facing materials may not be used on any of your own public facing websites, or on social media. It is prohibited to display public facing use of a verbatim or derivative version of Dr. Eve Harrison's work, writing, or intellectual property. You may use client communication templates and suggested wordings provided in the House Call Vet Academy in private direct communication with your clients only. Sharing screenshots in facebook groups or on social media of yourself using language with your clients provided by Dr. Eve Harrison or derived from Dr. Eve Harrison's wording is strictly prohibited.

Non-Solicitation. During the Term hereof, and for two (2) years after the termination of this Agreement (“Restricted Period”), Customer shall not solicit or cause another to solicit for the others benefit, or for the benefit of any other person or entity, any client or potential client of Company without first obtaining the written consent of Company.  The term “Client” shall refer to any individual, business or other entity who was doing business with Company prior to the date Customer entered into this Agreement, or who was introduced to Company by Customer after the date Customer entered into this Agreement; and the term  “Potential Client” shall refer to any individual, business or other entity who or which was not, at the relevant time, an actual client of Company but who or which, at such time, had disclosed confidential information to Company regarding his/her/its programs or needs, or to whom or which a proposal for service had been made by Company.

 

During the Term hereof and Restricted Period, Customer shall not solicit or cause another to solicit for the other’s benefit, or for the benefit of any other person or entity, any employee or independent contractor of Company without first obtaining the written consent of Company.

 

Confidential Information. All non-public, confidential or proprietary information of Instructor, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to Customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Instructor to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the Training and these Customer Terms is confidential, and shall not be disclosed or copied by Customer without the prior written consent of Instructor. Confidential Information does not include information that is: (i)   in the public domain; (ii)  known to Customer at the time of disclosure; or (iii)  rightfully obtained by Customer on a non-confidential basis from a third party. The Company shall be entitled to injunctive relief for any violation of this Section.

 

Disclaimer of Warranties, Testimonials.

COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE TRAINING, INCLUDING ANY GUARANTEE OR PROMISE OF INCOME OR SPECIFIC SPIRITUAL RESULTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. ADDITIONALLY, COMPANY MAY POST CUSTOMER TESTIMONIALS BUT THOSE TESTIMONIALS ONLY PROVIDE INFORMATION CONCERNING PAST RESULTS AND DO NOT PROMISE FUTURE PERFORMANCE OR OUTCOMES.

PHOTOGRAPH AND IMAGE RELEASE

The Customer grants the Company the right, title and interest to any and all recordings (by audio, video or both) and/or photographs taken of the Customer, his/her likeness, and/or voice in connection with the Customer’s participation in the Course, Conference, or trainings for the purposes of promoting and marketing the Company across social media, advertisements, the Company’s website, conference presentations, educational presentations or courses, information or promotional presentations, online educational courses, educational or promotional videos, and to the Company’s future attendees. The Customer understands that his/her image or my voice may be edited, copied, exhibited, published or distributed and hereby waives the right to inspect or approve the finished product where the Customer's likeness appears.  The Customer will not receive any compensation for use of his/her likeness, testimonial, or image. 

By agreeing to this Terms of Use, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. There is no time limit on the validity of this release. There is no geographic limitation on where these materials may be distributed.

 

Limitation of Liability.

 

    (a)  IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

    (b)  IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO COMPANY PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

This limitation of liability shall not apply to liability resulting from Company's willful misconduct. 

 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@dreveharrison.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

 

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

  • Terminate or suspend your access to all or part of the Website, Courses, or Private Facebook group associated with the House Call Vet Academy, for any or no reason, including without limitation, any violation of these Terms of Use.

  • If your access is terminated for violation of any of these terms, plagiarism, misappropriation of trade secrets, or for disrespectful behavior towards Dr. Eve Harrison or her team, you are still responsible for completing payment on the full tuition of any program you have purchased. If you are terminated due to your own behavior, no refund will be issued.  

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

 

Copyright Infringement

If you believe that any information on this Website is a copyright violation, email us at the email address in this policy. 

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you, are governed by the Customer Terms herein or, if for veterinary services, the customer agreement you were provided upon arrival. All such additional terms are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send emails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The Company is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county or country of residence or any other relevant county or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use, our Privacy Policy, and any contracts for services and purchase terms constitute the sole and entire agreement between you and House Call Vet Academy, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns

This website is operated by The House Call Vet Academy, LLC.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@dreveharrison.com.

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