OVERVIEW
This website is operated by Ardan Veterinary Solutions Inc. (hereinafter “Ardan
Veterinary Solutions”). Throughout the site, the terms “we”, “us” and “our” refer to Ardan
Veterinary Solutions. Ardan Veterinary Solutions offers this website, including all
information, tools and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, practice
managers, veterinarians and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, then you may not access
the website or use any services. Accessing the Site, in any manner, whether automated or
otherwise, constitutes use of the Site and your agreement to be bound by these Terms of
Use. If these Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to
the Terms of Service. You can review the most current version of the Terms of Service at
any time on this page. We reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website. It is your responsibility
to check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on Bluehost. They provide us with the online interactive
platform that allows us to provide our services to you.
SECTION 1 – ONLINE PLATFORM TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any viruses or any code of a destructive nature.
INTERACTIVE FEATURES AND RULES
This site may include a variety of features that allow feedback to us and real-time interaction
between us and members. We do not control the information posted by members and are
not responsible for the content of such information. It is a condition of your use of the site
that you do not:
- Restrict or inhibit any other user from using and enjoying the site.
- Use the site to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity. - Interfere with or disrupt any servers or networks used to provide the site or its
features, or disobey any requirements, procedures, policies or regulations of the
networks we use to provide the site. - Use the site to instigate or encourage others to commit illegal activities or cause
injury or property damage to any person. - Gain unauthorized access to the site, or any account, computer system, or network
connected to this site, by means such as hacking, password mining or other illicit
means. - Obtain or attempt to obtain any materials or information through any means not
intentionally made available through this site. - Use the site to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of any
kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law. - Use the site to post or transmit any information, software or other material that
violates or infringes upon the rights of others, including material that is an invasion of
privacy or publicity rights or that is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first obtaining
permission from the owner or rights holder. - Use the site to post or transmit any information, software or other material that
contains a virus or other harmful component. - Use the site to post, transmit or in any way exploit any information, software or other
material for commercial purposes, or that contains advertising. - Use the site to advertise or solicit to anyone to buy or sell products or services, or to
make donations of any kind, without our express written approval.
Ardan Veterinary Solutions may host message boards, chats and other public forums on its
site. Any user failing to comply with the terms and conditions of this agreement may be
expelled from and refused continued access to, the message boards, chats or other public
forums in the future. Ardan Veterinary Solutions or its designated agents may remove or
alter any user-created content at any time for any reason. Message boards, chats, and
other public forums are intended to serve as discussion centers for users and subscribers.
Information and content posted within these public forums may be provided by Ardan
Veterinary Solutions staff, Ardan Veterinary Solutions’ outside contributors, or by users not
connected with Ardan Veterinary Solutions, some of whom may employ anonymous user
names. Ardan Veterinary Solutions expressly disclaims all responsibility and endorsement
and makes no representation as to the validity of any opinion, advice, information or
statement made or displayed in these forums by third parties, nor are we responsible for
any errors or omissions in such postings, or for hyperlinks embedded in any messages.
Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or
damage caused by your reliance on information obtained through these forums. The
opinions expressed in these forums are solely the opinions of the participants, and do not
reflect the opinions of Ardan Veterinary Solutions or any of its subsidiaries or affiliates.
Ardan Veterinary Solutions has no obligation whatsoever to monitor any of the content or
postings on the message boards, chat rooms, reviews or other public forums on the site.
However, you acknowledge and agree that we have the absolute right to monitor the same
at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove
any postings or content, in whole or in part, for any reason and to disclose such materials
and the circumstances surrounding their transmission to any third party in order to satisfy
any applicable law, regulation, legal process or governmental request and to protect
ourselves, our clients, sponsors, users and visitors.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
REGISTRATION AND PASSWORDS
To access certain features of the site, we may ask you to provide certain personal
information, including your name, email address, telephone number, and employment
information. You agree to provide true, accurate, current and complete information about
yourself as prompted by the site’s registration form. If we have reasonable grounds to
suspect that such information is untrue, inaccurate, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the site
(or any portion thereof). Our use of any personally identifiable information you provide to us
as part of the registration process is governed by the terms of our Privacy Policy.
To use certain features of the site, you will need a username and password, which you will
receive through the site’s registration process. You are responsible for maintaining the
confidentiality of the password and account, and to ensure that you exit from your account
at the end of each session. You are responsible for all activities (whether by you or by
others) that occur under your password or account. You agree to notify us immediately of
any suspected unauthorized use of your password or account or any other breach of
security. We cannot and will not be liable for any loss or damage arising from your failure to
protect your password or account information, and you may be held liable for any damage
or prejudice that might affect Ardan Veterinary Solutions or third parties as a result of the
incorrect use, loss or theft of your password or account.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete
or current. The material on this site is provided for general information only and should not
be relied upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents
of this site at any time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 – SERVICES
We reserve the right, but are not obligated, to limit the sales of our Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer.
We do not warrant that the quality of any services, information, or other material accessed
or obtained by you will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 – SPECIFIC TERMS OF SERVICE
A. TERMS OF SERVICE FOR VETERINARIANS OR EMPLOYEES
For the purposes of this Subsection A, all references to “you” or “your” shall mean you, the
individual or organization accessing this Site in your capacity as a potential employee. For
the purposes of this section “employee” shall mean any job placement resulting from the
use of the Site, and is not a legal determination on your employment status.
(a) Job Ads or Listings
Ardan Veterinary Solutions may make available advertisements for employment
opportunities and other job-related content, through search results or otherwise through the
Site. These advertisements are created and provided by third parties over whom Ardan
Veterinary Solutions exercises no control; you acknowledge and understand that Ardan
Veterinary Solutions has no control over the content of advertisements for employment
opportunities, or any conditions third parties might impose once you connect through or
after having left the Site. Ardan Veterinary Solutions has no obligation to screen any
employment opportunities and other job-related content, or to include any employment
opportunities and other job-related content in its search results or other listings and may
exclude or remove any employment opportunities and other job-related content from the
Site or your search result without any obligation to provide reasoning for removal or
exclusion. You understand and agree that Ardan Veterinary Solutions has no obligation to
present you with any or all employment opportunities. We cannot confirm the accuracy or
completeness of any employment opportunities and other job-related content or other
information submitted by any Practice Manager, Employer or other user, including the
identity of such Employer or other user. Ardan Veterinary Solutions assumes no
responsibility, and disclaims all liability for the content, accuracy, completeness, legality,
reliability, or availability of any employment opportunities, or other information submitted by
any Employer or other user.
When accessing the Services on the Site, Ardan Veterinary Solutions may collect certain
information about you and any actions taken by you during your visit using automated
means, such as via Application Programming Interfaces (API), cookies, pixels and web
beacons. The information collected includes, for example, information about job listings you
viewed and job applications you started and completed. Your use of such Services
constitutes your express consent and agreement to Ardan Veterinary Solutions’ use of, and
receipt of information from, any such tracker functionality.
Ardan Veterinary Solutions may provide independent functionality to assist you. For
example, Ardan Veterinary Solutions may provide search options to help you narrow down
search results and such filters or categories are created independently and entirely by
Ardan Veterinary Solutions and may not directly or accurately reflect the content of the
employment opportunities. Ardan Veterinary Solutions may reformat Job Listings so that
you may read them more clearly on a mobile phone. The placement of an employment
advertisement is not a representation regarding the nature of the role for legal purposes (for
example locum postings are not necessarily limited to contractor status jobs and may also
include engagements for employment relationships) or a representation regarding the
attributes of an Employer. Ardan Veterinary Solutions may also provide functionality to call a
telephone number contained in an advertisement using the phone app on a mobile device.
Ardan Veterinary Solutions cannot guarantee that the extracted phone number is the correct
phone number for the Employer or for the advertisement you are viewing.
(b) Resume and Profile
By creating a profile and uploading your resume or other credentials (your “employee data”)
onto the Site, you agree that Ardan Veterinary Solutions may convert your employee data to
other formats or file types. It is your responsibility to review your employee data to ensure
that the content appears as you intend, and that it contains the right information or any
information you intend to include or update. If you see any inaccuracy in any such material,
it is your responsibility to correct such information or to contact Ardan Veterinary Solutions
to do so. It may take a few days for updates to your account or your employee data to be
reflected. Ardan Veterinary Solutions assumes no responsibility and disclaims all liability for
your employee data or other application information you post, send or receive through the
Site.
You hereby authorize Ardan Veterinary Solutions to take reasonable steps to verify the
employee data that you provide. You are responsible for all employee data that you upload
or enter into the Site. Ardan Veterinary Solutions makes no guarantee that your profile or
employee data will be shown to any particular Employer or Practice Manager or that any
portion of your profile or employee data will be available to an Employer or Practice
Manager at any particular time. Ardan Veterinary Solutions makes no guarantees,
regarding your experience with Employers or Practice Managers, that you will receive job
offers, or in using the Site.
(c) Employment Matches and Opportunities
Job matches are recommendations which may be presented to both you as a potential
employee and to Employers in various formats on the Site.
To generate matches or provide recommendations, Ardan Veterinary Solutions may use
data collected through our Site from both you and Employers. This includes your employee
data (including responses to screener questions) and your activity on the Site (such as your
location, searches you run and advertisements you click on and apply to). You agree and
consent that Ardan Veterinary Solutions may use this information to present potential
matches to you and to potential Employers.
Ardan Veterinary Solutions may automatically send you recommended jobs via the email
address you use to apply to a job or the email that is associated with your account.
(d) Communications
When you view, send, store or receive communications or materials (including job listings,
resumes, messages, chats, emails, applications, questions and responses in applications,
interview or other voice recordings or transcripts, and any other information) to, on or
through the Site, you agree to your communication and materials being processed,
analyzed, reviewed, and stored, including via automated means, for data analysis, quality
control, enforcement of the Sites’ rules and other Ardan Veterinary Solutions policies,
content moderation, and to improve the Site or any other Ardan Veterinary Solutions
product or service.
Ardan Veterinary Solutions may use external services or parties as an extension of the Site
to collect, record, process, analyze, and store communication data. If you disagree with any
part of these terms, do not use the Site.
B. TERMS OF SERVICE FOR PRACTICE MANAGERS OR OTHER EMPLOYERS
For the purposes of this Subsection B, all references to “you” or “your” shall mean you, the
individual or organization accessing this Site in your capacity as an employer and/or
practice manager. For the purposes of this section “employer” shall mean any job
placement resulting from the use of the Site, and is not a legal determination on the
employment status of any employee.
(a) Practice Manager or Employer Accounts
When you create an account, a practice manager page or post job listings advertising
employment opportunities and other job-related contents, (“Job Listings”), you agree that all
of the terms associated with the Site (including the specific terms in this Subsection B), and
all of Ardan Veterinary Solutions’ policies, including the Privacy Policy, apply to you.
When you create an employer or practice manager account (hereinafter “an Employer
Account”), Ardan Veterinary Solutions may require that you verify your identity. You may be
presented with different options for verification, including through a third-party service.
When you use any third-party service provider, you are interacting directly with that third
party, and you share your identification and identity with any third party directly. You agree
that that third party is solely responsible for any collection, use, storage, processing, or loss
of data you provide, and any legal obligations related to such activities, including the
capture or storage of any biometric identification or biometric identifiers. Any biometric
identification or biometric identifiers collected or stored by Ardan Veterinary Solutions shall
be governed by our Privacy Policy.
When you access or use the Site in your capacity as an Employer, or if you create an
account on behalf of an Employer, you represent and warrant that you have the authority to
bind the Employer to these terms of use. When you create an account on behalf of an
Employer, the account belongs to the Employer, and you acknowledge that any and all
information that you provide through the account, such as the actions you take and when
you take them, will be visible to the Employer.
(b) Employment Matches
You agree that, as a service to potential employees, Ardan Veterinarian Solutions may
allow potential employees to indicate interest in Job Listings. You acknowledge and agree
that Ardan Veterinary Solutions may make available functions allowing you to take actions
regarding the potential employee, such as tools for setting up an interview, viewing a
resume and contacting a candidate. You agree that if you use such candidate management
tools, you may see verification of a potential employee’s skills, certificates or credentials.
You acknowledge that Ardan Veterinary Solutions does not guarantee the accuracy
of such verifications or information, and you are solely responsible for verifying
information on the Site.
Ardan Veterinary Solutions may, but is under no obligation to, highlight to potential
employees, the location or qualifications required for any Job Listings you create. You agree
and consent that Ardan Veterinary Solutions may use this information to present potential
matches to you. Ardan Veterinary Solutions does not verify that any potential employee that
responds to your Job Listings matches the requirements set out in that Job Listings. You
understand that any such functions are presented to you without warranty and Ardan
Veterinary Solutions assumes no responsible for the communications between you and any
potential employee. Such communications are your and the candidate’s sole responsibility.
Profiles of potential Candidates are created and provided by third parties over whom Ardan
Veterinary Solutions exercises no control; you acknowledge and understand that Ardan
Veterinary Solutions has no control over the content of employee profiles, nor the accuracy
of any employee related information. Ardan Veterinary Solutions has no obligation to screen
any employees and other job-related content, or to include any potential candidates and
other job-related content in its search results or other listings and may exclude or remove
any potential candidates and other job-related content from the Site or your search result
without any obligation to provide reasoning for removal or exclusion. You understand and
agree that Ardan Veterinary Solutions has no obligation to present you with any or all
potential candidates. We cannot confirm the accuracy or completeness of any employee
profiles, potential candidates and other job-related content or other information submitted by
any potential employee, candidate or other user, including the identity of such candidate or
other user. Ardan Veterinary Solutions assumes no responsibility, and disclaims all liability
for the content, accuracy, completeness, legality, reliability, or availability of any potential
candidates, or other information submitted by any other user.
When accessing the Services on the Site, Ardan Veterinary Solutions may collect certain
information about you and any actions taken by you during your visit using automated
means, such as via Application Programming Interfaces (API), cookies, pixels and web
beacons. The information collected includes, for example, information about employee
profiles you viewed and job listings you started and completed. Your use of such Services
constitutes your express consent and agreement to Ardan Veterinary Solutions’ use of, and
receipt of information from, any such tracker functionality.
Ardan Veterinary Solutions may provide independent functionality to assist you. For
example, Ardan Veterinary Solutions may provide search options to help you narrow down
search results and such filters or categories are created independently and entirely by
Ardan Veterinary Solutions and may not directly or accurately reflect the content of the
potential candidates. Ardan Veterinary Solutions may reformat Job Listings or Employee
Profiles so that you may read them more clearly on a mobile phone. Ardan Veterinary
Solutions may also provide functionality to call a telephone number contained in an
advertisement using the phone app on a mobile device. Ardan Veterinary Solutions cannot
guarantee that the extracted phone number is the correct phone number for the candidate
or for the advertisement you are viewing.
(c) Communications
You may receive notifications regarding Job Listings or potential candidates via email, Site
notification dashboards, or any other communications service, product, or feature provided
on or through the Site. In all cases, such notifications are provided solely as a courtesy, and
you should not rely on them. For example, if you wish to arrange a placement with a
candidate, it is your responsibility to follow up with the candidate separately confirm the
arrangement. Further, if you post a Job Listing directly on the Site, responses are sent to
your profile; any other notifications you may receive are provided solely as a courtesy to
you. Ardan Veterinary Solutions disclaims all warranties with regards to the transmission or
storage of such courtesy notices, does not guarantee their delivery or receipt, and does not
guarantee the date or time at which they may be sent.
(d) Employer Profiles and Reviews
When you post a Job Ad on the Site, Ardan Veterinary Solutions may automatically
generate for you a profile (“Company Page”), which allows for employees or potential
candidates to provide summaries of their experience interacting with you. You understand
that Ardan Veterinary Solutions may display publicly available information about your
company on the Company Page, in accordance with applicable law. The content on your
Company Page may be content submitted by our users (“User Content”).
Ardan Veterinary Solutions moderates User Content using the same standard of review for
all employers and does not provide preferential treatment for any employer. You
understand and agree that our application of User Content moderation policies, and our
decision of whether or not to remove a piece of User Content, is within our sole discretion
and cannot form the basis of a violation of these Terms.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have
any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”
without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with
us. We are not responsible for examining or evaluating the content or accuracy and we do
not warrant and will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any third-
party websites. Please review carefully the third-party’s policies and practices and make
sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you
send creative ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any
time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no obligation (1)
to maintain any comments in confidence; (2) to pay compensation for any comments; or (3)
to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or third-
parties as to the origin of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the platform is governed by our Privacy
Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to member descriptions,
credentials, and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information if any information in the Service is
inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service, including
without limitation, member description and credentials, except as required by law. No
specified update or refresh date applied in the Service, should be taken to indicate that all
information in the Service has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of the prohibited
uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable, including without limitation the accuracy of any credentials provided by
any user of the site whether provided to us, by us or otherwise produced to you.
You agree that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Ardan Veterinary Solutions, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in any way to your use of
the service or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in such states
or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ardan Veterinary Solutions and our
parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term
or provision of these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site
constitutes the entire agreement and understanding between you and us and govern your
use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of
the Province of Alberta, Canada, and Canada.
SECTION 19 – BINDING ARBITRATION
You and Ardan Veterinary Solutions agree to arbitrate all disputes between you and Ardan
Veterinary Solutions or its members and affiliates (except disputes relating to the
enforcement of Ardan Veterinary Solutions or its affiliates’ intellectual property rights). You
and Ardan Veterinary Solutions empower the arbitrator with the exclusive authority to
resolve any dispute relating to the interpretation, applicability or enforceability of these
Terms of Use, including the arbitrability of any dispute and any claim that all or any part of
these terms are void or voidable.
In the event of a dispute, you or Ardan Veterinary Solutions must send to the other party a
notice of dispute, which is a written statement that sets forth the name, address and contact
information of the party giving the notice, the facts giving rise to the dispute and the relief
requested. You and Ardan Veterinary Solutions will attempt to resolve a dispute through
informal negotiation within sixty (60) days from the date the notice of dispute is sent. After
sixty (60) days, you or we may commence arbitration.
If you and Ardan Veterinary Solutions do not resolve a dispute by informal negotiation, the
dispute shall be settled by binding arbitration before a neutral arbitrator whose decision may
be final except for a potentially limited right of appeal. Arbitration will be administered under
the rules and codes of the ADR Institute of Canada (the “ADRIC”). For more information,
visit https://adric.ca/. Arbitration may be conducted in person in Canada, through the
submission of documents, by phone, or online. The arbitrator may award damages to you
individually as a court could, including declaratory or injunctive relief, but only to the extent
required to satisfy your individual claim. You and Ardan Veterinary Solutions agree to
submit to the personal jurisdiction of the courts located in Canada, in order to compel
arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter
judgment on the award entered by the arbitrator.
NO CLASS ACTIONS
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE
CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Ardan Veterinary Solutions will
seek to have a dispute heard as a class action, private attorney general action, or in any
other proceeding in which either party acts or proposes to act in a representative capacity.
No arbitration or proceeding can be combined with another without the prior written consent
of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal
or unenforceable as to all or some parts of a dispute, those parts will be severed and
proceed in a court of law, with the remaining parts proceeding in arbitration.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your responsibility to
check our website periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@ardanvet.com.