Terms and Conditions
As of December 1, 2017
A. General Acceptance of Terms
Access to and use of this web site is subject to the following conditions. Please do not use this web site unless you agree with these conditions. This web site has been developed by Equine Medical & Surgical Associates, Inc. (EMSA). We reserve the right to discontinue or to make partial or complete modifications to the web site. Please note that we can make such changes at our own discretion and without prior announcement.
B. Surrender of Use and Benefits
All details, documents, photographs, and illustrations published on this web site are the sole property of EMSA. Any permission to use the same is granted on the proviso that the relevant copyright note is displayed on all copies, that such details are only used for personal purposes, that they are not exploited commercially, that the details are not modified in anyway and that all photographs/illustrations gained from the web site are only used in conjunction with the accompanying text.
EMSA provides you with access to and use of the Site, subject to your compliance with the Terms and Conditions. The Site may only be used for lawful purposes. You are responsible for the consequences of your communications, uploads, transmission, and posting of information on or through the Site, and for any use of the Site by anyone accessing it using your login information. By submitting information through the Site, you represent that you are 18 years of age or older. You represent and warrant that any information you transmit to the Site is truthful, accurate, and not misleading and offered in good faith, and that you have the right to transmit such information.
We reserve the right to terminate, change, or discontinue any aspect of the Site, including information, data, text, sound, photographs, graphics, video, messages, or other materials, as well as features and hours of availability. These and any other changes to the Site may be made in our sole discretion, and without prior notice to you. EMSA will not be liable to your or any other party for making such changes. We may also impose rules for and limits on use of the Site, or restrict your access to all or any part of the Site, without notice or penalty. We will have the right to change these rules or limitations at any time, in our sole discretion.
C. Trademarks and Copyright
All trademarks on this web site are the property of EMSA unless otherwise noted or in any other way perceivable as third party rights. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law, or other industrial property rights.
All trademarks, servicemarks, logos, and trade names on the Site – whether registered or unregistered – are proprietary to EMSA, or to other companies where indicated. You may not reproduce, download, or otherwise use any such trademarks, servicemarks, logos, or trade names without the prior consent of EMSA, or other appropriate owner.
D. Limited Liability
EMSA has compiled the detailed information provided on this web site from internal and external sources to the best of its knowledge and belief using professional diligence. We endeavor to expand and update this range of information on an ongoing basis.
Should you require any advice or instructions concerning our products or services, please contact us directly. Users of this web site declare that they agree to access the web site and its contents at their own risk. Neither EMSA nor third parties involved in the writing, production, or transmission of this web site can be held liable for damage or injury resulting from access or use of the web site.
E. Web Sites of Third Party
This web site contains links/references to third-party web sites. By providing such links, EMSA does not give its approval to their contents. Neither does EMSA accept any responsibility for the availability or the contents of such web sites or any liability for damage or injury resulting from the use of such contents, of whatever form. Links to other web sites are provided to web site users merely for the sake of convenience. Users access such web sites at their own risk.
The Site may contain links to other websites for your convenience. If you follow these links, you will leave the Site. Some of these third-party websites may use EMSA’s trademarks, servicemarks, or logos under license from EMSA. We are not responsible for the availability or content of these other website, or for any experience you may have with such third-party websites, whether EMSA is affiliated with the owners of such websites or not. Our decision to provide links to these websites should not be interpreted as endorsement or approval by EMSA of the organizations sponsoring such third-party websites, or of their products or services.
F. International Users
Should you call on this web site from a country outside the United States or download contents from such a place, please note that it is your own responsibility to ensure that you act in compliance with local legislation applicable to that country.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from outside the United States do so voluntarily, and are responsible for compliance with their local laws. Any offer for any product, service, information, or promotion on the Site is void where prohibited.
G. Sale of Equine Medical & Surgical Associates, Inc. Products
325 Westtown Road, Suite 15
West Chester, PA 19382
H. Jurisdictional Issues
The site is controlled and operated by EMSA from its offices within the state of Pennsylvania, in the United States of America. Persons who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if applicable. Access to the Site from the jurisdictions where the contents of the site are illegal or penalized is prohibited. No information from the Site may be downloaded or otherwise re-exported (i) into a country or to a national or resident of a country to which the United States embargoes or sanctions goods, services, or technology; or (ii) to anyone on the United States Treasury Department’s list of specially designated Nationals, or the United States Commerce Department’s Table of Denial Orders. By using information from the Site, you represent and warrant that you are not on any such list; are not located in any such country; and are not a national or resident of any such country.
I. Disclaimer of Warranties
All of the content available on the Site is provided “as is” and without warranties of any kind. To the fullest extent permissible under applicable law, EMSA disclaims all warranties, express of implies, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. EMSA does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site will be free of viruses or other harmful components. EMSA does not make any representations of warranties regarding the use or the results of the use of the content on the Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
J. Limitation of Liability
To the extent permitted under applicable law, under no circumstances will EMSA be liable for any consequential, incidental, special, punitive, or indirect damages resulting from the use of the Site; the inability to use the Site; loss of privacy; loss of credit; stolen identity; breach of confidentiality of personal or other information you provide to us; loss of data; loss of profits; or your use of any website referenced or linked-to from the site Site – even if EMSA or an EMSA authorized representative has been advised of the possibility of such damages. Applicable law may not allow this limitation of liability, so it may not apply to you.
If, despite the limitations above, EMSA is found liable for any loss or damage that arises out of or is in any way connected with such occurrences, the liability of EMSA will in no event exceed one thousand dollars ($1,000.00).
You agree to indemnify, defend, and hold harmless EMSA and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees from any liabilities and costs incurred in connection with any claims arising from your use of the Site, or your breach of these Terms and Conditions. You agree to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under these Terms and Conditions. Applicable law may not allow for such indemnification, so this requirement may not apply to you.
L. Governing Law and Jurisdiction
The Site (excluding any linked sites) is controlled by EMSA from our offices in the state of Pennsylvania, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing or attempting to access the Site, you and EMSA agree that any claim, cause of action, or dispute between you and EMSA will be governed by and construed under that statutes and laws of the stats of Pennsylvania, without regard to the related conflict-of-laws rules and the United Nations Convention on the International Sales of Goods. This includes, without limitation, all claims, causes of action, and disputes relating to or arising out of your use or attempted use of the Site; the purchase of products and services available through the Site; the collection, use, and disclosure or your personal or other information; your privacy; and your interactions and communications with EMSA, whether such claims are based in contract, tort, statute, or other legal basis. You and EMSA agree and submit to the exclusive personal jurisdiction of any court of competent jurisdiction within the state of Pennsylvania with respect to such matters.
M. Jury Trial and Class Action waiver: Binding Arbitration
Any and all claims, causes of actions, and disputes between you and EMSA including, without limitation, any claim, cause of action, or dispute relating in any way to your use or attempted use of the Site; any communication with EMSA; information you provide to EMSA; information that is collected by EMSA; and products or services sold or distributed by EMSA will be resolved by binding arbitration, rather than in court, except that you may assert an individual action in small claims court if your claims qualify, and so long as the matter remains in small claims court and advances only on an individual basis. Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply to this Agreement. This Jury Trial and Class Action waiver: Binding Arbitration section will include any claims, causes of actions, and disputes between you and the officers, directors, employees, agents, contractors, suppliers, successors, and assigns of EMSA.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. But an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted in West Chester, Pennsylvania. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advance written notice of its intent to file for arbitration. EMSA may provide such notice by e-mail to your e-mail address on file with us, and you must provide such notice by e-mail to firstname.lastname@example.org.
You and EMSA agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and EMSA waive any right to a jury trial. You and EMSA agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights
The AAA Consumer Arbitration Rules are available online at ADR.org, or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) for any claim where the total amount in controversy is less than $10,000 (ten thousand US dollars), the arbitration will be conducted by telephone, online, or be based solely on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will be conducted by an arbitrator in West Chester, Pennsylvania who is approved or otherwise affiliated with the AAA; (c) the arbitrator may award monetary damages, injunctive, or declaratory relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim; (d) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (d) above is found to be unenforceable, this mandatory arbitration provision will be null and void, but the jury trial and class action waiver provisions will remain in effect.
You and EMSA agree that only the courts and not the arbitrator can decide issued relating to the construction, application, scope, and enforcement of the “Jury Trial and Class Action Waiver: Binding Arbitration” section-including questions of arbitrability of any and all claims and issues, and all procedural issues. You and EMSA agree that these Terms and Conditions will supersede any conflicting provisions in the AAA Consumer Arbitration Rules, or any other applicable rules.
Any demand for arbitration governed by these Terms and Conditions must be made before the statute of limitations applicable to such a claim has run.
If a dispute arises, we strongly encourage you to first contact our Customer Service Department before starting an arbitration or filing a claim in small claims court. We value our relationships with out customers and will try to resolve your claims informally and quickly. All claims you bring against us must be resolved in accordance with this “Jury Trial and Class Action Waiver: Binding Arbitration” section. All claims filed or brought contrary to the “Jury Trial and Class Action Waiver: Binding Arbitration” section will be considered improperly filed and void. If you file a claim contrary to the “Jury Trial and Class Action Waiver: Binding Arbitration” section, EMSA may recover attorney fees and costs up to $2,500 if EMSA has notified you in writing of the improperly-filed claim, and you have failed to promptly withdraw the claim.
Except as otherwise provided in these Terms and Conditions, if any provision of these Term and Conditions is held to be unlawful, void, or unenforceable, that provision will be deemed severable, and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties regarding the subject matter. Any failure or delay on our part in enforcing our rights under these Terms and Conditions will not be considered a waiver of our rights. These Terms and Conditions will be enforceable by our successors and assignees.