Terms and Conditions of Use/Trademarks

Terms and Conditions of Use

© 1998-2005 Either IDEXX Laboratories, Inc., Westbrook, Maine, U.S.A., or American Association of Feline Practitioners, Nashville, Tennessee, U.S.A. All rights reserved.

Attention: please read these terms carefully before using this internet site. These terms and conditions may have changed since your last visit to this site. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this site.

This site contains messages from the American Association of Feline Practitioners ("AAFP"), and is administered and maintained by IDEXX Laboratories, Inc. ("IDEXX"), of Westbrook, Maine, U.S.A, in cooperation with the AAFP. Please visit this site frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

USE OF THIS WEB SITE AND ITS CONTENT

AAFP and IDEXX authorize you to view and download the information, materials, documents and related graphics (collectively, the "Materials") at this site for your information and internal use only, provided that you retain all copyright and other proprietary notices contained in the Materials on any copies of the Materials. You may not modify the Materials at this site in any way, reproduce or transmit in any form, by any means, publicly display, perform, distribute or otherwise use the Materials for any public or commercial exploitation, except as otherwise explicitly provided at this site. Any unauthorized use of the Materials on any other Internet site or networked computer environment for any purpose is strictly prohibited. This site and the Materials are the property of IDEXX or its affiliates and AAFP, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. If you breach any of these Terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed Materials.

You assume full responsibility and all risks arising from use of this site. The Materials may be out of date, and AAFP and IDEXX make no commitment to update the Materials. The Materials may include technical inaccuracies or typographical errors. AAFP and IDEXX reserve the right to make additions, deletions, or modifications to this site or the Materials, or in the products or services described in the Materials, at any time without any obligation to notify you of such changes. This site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. The information on this site is provided with the understanding that the provision of information by AAFP and IDEXX and the various authors and publishers of Material does not constitute the rendering of medical, legal, financial, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute for consultation with professional advisors.

Any medical recommendations contained in the Materials are intended to provide general guidance only. As with any diagnosis or treatment, you should use clinical discretion with each patient based on a complete evaluation of the patient, including physical presentation and complete laboratory data. With respect to any drug therapy or monitoring program, you should refer to product inserts for a complete description of dosages, indications, interactions and cautions.

NO WARRANTIES

Materials at this site are provided "as is" without representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

In addition, while making every effort to ensure the integrity of information on this site, AAFP and IDEXX do not warrant that: (i) the information on this site is correct, accurate, reliable or complete; (ii) the functions contained on this site will be uninterrupted or error-free; (iii) defects will be corrected; or (iv) this site or the server(s) that make it available are free of viruses or other harmful products.

Product descriptions and specifications are subject to change. AAFP and IDEXX periodically add or update the information and documents on this site without notice. It is your responsibility to ascertain whether any information downloaded from this site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

LIMITATION OF LIABILITY

AAFP disclaims any liability for any Material on this site that is not contributed by AAFP, and IDEXX disclaims any liability for any Material on this site that is not contributed by IDEXX. In no event will AAFP or IDEXX, their subsidiaries, suppliers, or other third parties mentioned at this site be liable for indirect, special, consequential, incidental, exemplary, punitive or multiple damages, or for loss of profits, goodwill, data, equipment or use, or for business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Materials, this site, any Internet sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not AAFP or IDEXX has been advised of the possibility of such damages.

AAFP and IDEXX's total liability to you in connection with any and all injuries, losses, expenses, demands, claims or damages whatsoever arising out of or in any way related to your use of this site, from any cause or causes, whether in contract, tort (including, but not limited to, negligence) or otherwise, shall not exceed an amount equal to the lesser of (a) damages suffered by you as the direct result thereof, or (b) USD $10.00. If your use of the materials results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

Applicable law of some jurisdictions may not allow the exclusion or limitation of indirect, special, consequential, incidental, exemplary, punitive or multiple damages, so the above limitations or exclusions may not apply to you.

LINKS TO THIRD PARTY WEB SITES

Links to third party Internet sites at this site are provided solely as a convenience to you. If you use these links, you will leave this site. AAFP and IDEXX do not control and are not responsible for any content of these third party sites or any links contained therein. Thus, AAFP and IDEXX do not accept any responsibility or endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by AAFP or IDEXX of that third party or of any product or service provided by a third party.

SUBMISSIONS TO THIS SITE

Any communications you send to this site or otherwise to AAFP or IDEXX by electronic mail or other means are on a non-confidential basis and shall be the exclusive property of AAFP or IDEXX and its affiliates. AAFP and IDEXX are under no obligation (except as stated in Privacy Policy Statement) to refrain from reproducing, publishing or otherwise using the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, in any way or for any purpose, including developing, manufacturing and marketing goods or services, without any obligation to you.

If you send any communications to this site or otherwise to AAFP or IDEXX, you shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

JURISDICTIONAL ISSUES

This site is administered by IDEXX from its offices in Westbrook, Maine, U.S.A. or elsewhere in the United States. AAFP and IDEXX make no representation that the Materials at this site are appropriate or available for use outside the United States, and access to the Materials from jurisdictions in which the contents of the Materials are illegal is prohibited. You may not use, export or re-export the Materials at this site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

ENFORCEMENT OF THESE TERMS

These Terms will be governed by and construed in accordance with the laws of the State of Maine, United States of America, without giving effect to any principles of conflicts of laws. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Portland, Maine, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Maine. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, AAFP and IDEXX shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Maine, U.S.A. or any other court of competent jurisdiction.

GENERAL

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.

This is the entire agreement between the parties relating to the subject matter in these Terms and shall not be modified except in writing signed by both parties or by a new posting by AAFP and IDEXX, as described above.

If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved.

If you have any questions about the rights and restrictions above, please feel free to contact IDEXX at the following addresses or numbers:

• webmaster@idexx.com
• telephone: (800) 548-6733 or (207) 856-0300, ask for Webmaster
• facsimile: (207) 556-0346, Attention: Webmaster
• One IDEXX Drive, Westbrook, Maine 04092, U.S.A., Attention: Webmaster

Trademarks

IDEXX and SNAP are registered trademarks or trademarks of IDEXX Laboratories, Inc. or its affiliates in the United States and/or other countries. All other product and company names and logos are trademarks or registered trademarks of their respective holders