1. Ownership and Use of the Site. All contents of the Site, including its “look and feel” and design elements, trademarks, service marks, logos, text, graphics, audio, images, charts, audio clips, videos, data and compilations (the “Zoetis Content”) are the property of Zoetis, its affiliates, related companies or its licensors or partners unless otherwise noted, and are legally protected without limitation, under Canadian, as well as applicable non-Canadian, laws, regulations and treaties. Unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes “Zoetis Content.” Zoetis has the right and sole discretion to make any modification to the design, format, content and operation of the Site at any time, including but not limited to, the addition, removal and modification of any module, feature and function.
BY ACCESSING OR USING THE SITE YOU ACKNOWLEDGE THAT ANY UNAUTHORIZED USE OF THE SITE BY YOU OR THROUGH YOU MAY VIOLATE COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY LAWS, PRIVACY AND/OR PUBLICITY LAWS AS WELL AS COMMUNICATION REGULATIONS AND STATUTES. YOU AGREE THAT ZOETIS WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF THE SITE.
4. No Endorsement of Links to Third Party Content, Sites, Goods or Services. The Site may contain links or references to other websites and content which are not maintained by Zoetis or under Zoetis’ control, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products, services and the Internet as a whole. Zoetis provides such links for the users’ convenience and the inclusion on the Site to such third party links does not constitute or imply any endorsement or recommendation by Zoetis of any information, goods and/or services contained described in, or provided through, such third party websites. Therefore, we cannot be responsible or liable for the availability, accessibility or content of any third party website (including its accuracy, timeliness, reliability, completeness, validity or authenticity) or for any loss or damage of any sort that you incurred or sustained as the result. Your interactions with organizations and/or individuals found on or through the third party websites, including payment and delivery of goods and/or services, your submission of personal information through these sites, any activity or transactions that occur under your name or account, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation and inspection you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. If there is a dispute between users on the Site, or between users and any third party, you understand and agree that Zoetis is under no obligation to become involved.
YOU AGREE THAT YOUR ACCESS AND USE OF ANY THIRD PARTY WEBSITE OR CONTENT ARE AT YOUR OWN RISK. ZOETIS WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR YOUR ACCESS OR USE OF ANY LINKED THIRD PARTY WEBSITE OR ANY INFORMATION CONTAINED IN, OR ACCESSED THROUGH, OR ANY TRANSACTION ENTERED INTO OR PROCESSED THROUGH, A THIRD PARTY WEBSITE.
5. Sites Linking to Us. We do not endorse, and are not responsible for, third party websites that link to our Site.
9. Registration. You may be able to create a user account or otherwise register with the Site. If you choose to do so, you must provide us with accurate, current, and complete information, and you agree to be responsible for any conduct using your account and to maintain the security of any user name and password. You may not create accounts or submit Uploads (defined below) on behalf of anyone other than yourself.
10. Submissions and Postings (Including Your Uploads). If you are (i) at least eighteen (18) years of age and above the age of majority in the province in which you live, (ii) are an emancipated minor, or (iii) possess legal parental or guardian consent, you may choose to provide, make available to Zoetis, or post on or upload to the Site, suggestions, comments, ideas, improvements, information, personal or other data, text, images, photos, video, sounds and other materials, including works of authorship, (collectively, “Uploads”). Please note that if you are under the age of majority, you are not permitted to provide any personal information via the Site including but not limited to Uploads.
If you provide Uploads, you grant to Zoetis and Zoetis’ affiliates, representatives, employees, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, non-exclusive license (sublicenseable through multiple tiers, and to third parties including to other users of the Site) to reproduce, publicly display, archive, distribute, adapt, modify, publish, edit, translate, prepare derivative works of and otherwise use your Uploads, in whole or in part, (including your name, likeness, age and gender) in any media now or hereafter known in any manner and for any purpose, including but not limited to, publication on the Site and any associated print or digital promotional materials related thereto, any other marketing and promotional materials and for the development of products or services. You agree that you are solely responsible and liable for all communications, materials and suggestions you transmit to, or post on, the Site.
You represent and warrant that: (a) you are above the age of majority in the province in which you live, an emancipated minor, or possess legal parental or guardian consent; (b) it is lawful for you to use the Site; (c) you own all rights in your Uploads or, alternatively, you have acquired all necessary rights in your Uploads to enable you to grant to Zoetis the rights in your Uploads described herein; (d) your Uploads do not misappropriate or infringe the intellectual property or proprietary rights, privacy, or any other legal or moral rights of any third party; (e) your Uploads are lawful; (f) your Uploads are not disruptive or harmful, whether containing a virus, malware or otherwise, or transmitted as spam; (g) your Uploads are not disparaging, defamatory, or libelous of Zoetis or any other person; (h) you will not seek the return of your Uploads; and (i) you will not assert any claims against Zoetis or its affiliates, representatives, employees, or assigns in connection with your Uploads.
Zoetis and its affiliates, representatives, employees, and assigns shall be free to use any ideas, concepts, know-how or techniques described or contained in your Uploads and make modifications and improvements thereof, for any purpose whatsoever, without time or territorial limitations, without your consent or compensation to you, including but not limited to, developing, manufacturing and marketing products, and you will gain no right, title or interest (including no joint ownership in the Site or any resulting materials) by virtue of doing so. As a further condition of providing Uploads, you (and any other individual depicted therein) unconditionally and irrevocably waive all claims to compensation for use of the Uploads by Zoetis and its affiliates, representatives, employees, or assigns and/or any right with respect to such use you may have under copyright law, the right of publicity, the right of privacy, the law of defamation and/or any other common law or statutory claims under the laws of any jurisdiction. You hereby waive any moral rights you may have in and to the Uploads, for all uses of the Uploads, throughout the world.
13. Forward-Looking Statements. The Site may contain forward-looking statements about Zoetis’ financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties. Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Zoetis’ products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of Zoetis’ patents; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. Such risks and uncertainties that might cause actual results to differ from those foreseen, including those risks which are detailed in Zoetis’ reports filed with the U.S. Securities and Exchange Commission. Zoetis assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
14. Site May Not Always Be Available or Accessible. Zoetis does not guarantee that the Site will be operating at any given time. You should expect that the Site will periodically be taken off-line for maintenance, content and design updates, and other alterations that may make it unavailable. Zoetis does not represent or warrant that the Site is compatible with your hardware or software applications or browsers.
16. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ZOETIS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTON (EVEN IF ZOETIS HAS BEEN ADVISED OF SUCH POSSIBILITY) ARISING FROM OR RELATING TO ANY ASPECT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, WHETHER THE DAMAGES OR LOSSES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR YOUR USE OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES AND/OR LOSSES INCURRED OR SUSTAINED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE OR ANY DISRUPTION OR DAMAGE TO YOUR COMPUTER, FILES OR DATA CAUSED BY ANY VIRUS OR OTHER HARMFUL AGENTS. IN NO EVENT SHALL ZOETIS’ MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, THE SITE AND/OR THE ZOETIS CONTENT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD$100.00). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
17. Void Where Prohibited. Use of any portion of the Site is void where prohibited by law. Although the information on the Site is accessible worldwide through the Internet, the information is intended only for residents of Canada. Other countries may have veterinary practices and regulatory requirements that are different from those in Canada. Therefore, the information on the Site may not be appropriate for use outside of Canada.