1. SCOPE OF USE; SUBMISSION OF QUESTIONS
Pet News Daily (“Pet News Daily”) is a free resource that is owned and operated by Pet News Daily (“Pet News Daily” or “we”, “us” or “our”, or similar words) and which publishes pet care news, tips and pet product buying advice on a wide variety of companion animals, from cats and dogs to hamsters and horses. Through Pet News Daily, we operate an online consulting service called “Ask The Vet” (the “ATV Service”), which consists of content such as text, graphics, images, and other materials (the “Content”) for informational, educational and entertainment purposes only. The ATV Service and the Content is NOT intended to be a substitute for professional veterinary advice, diagnosis or treatment, and is NOT intended to constitute medical advice, veterinary advice or any other advice of a professional nature, and should NOT be relied upon to guide or influence the medical treatment of any pet or other animal.
You and other users of the ATV Service are encouraged to submit questions via the ATV Service regarding your pet’s health and well-being. Based upon the type of question that you or other users submit to us, we may ask one of our pet experts (“Pet Experts”) to provide an answer. Alternatively, we or the Pet Experts may decline, for any reason or for no reason, to provide an answer (as the Pet Experts cannot answer every question that we receive and cannot diagnose specific health conditions over the internet; and even if our Pet Experts attempt to answer a question, delays or failures to respond may result due to an incorrect email address, spam filters or other technical issues that may arise).
2. DISCLAIMER OF PROFESSIONAL ADVICE; NO VET-PATIENT RELATIONSHIP
No matter the qualifications of the person answering your question, by using the ATV Service you expressly acknowledge that the ATV Service is NOT a substitute for veterinary care (whether emergency or otherwise), and you further acknowledge that neither we nor our Pet Experts can provide advice or consultation over the internet regarding any specific medical condition (whether of an emergency nature, or otherwise) without a thorough and proper physical evaluation of the pet. In addition, the quality of the responses provided by the Pet Experts will be influenced directly by the quality of the question asked (and the completeness and accuracy of the information conveyed by the person asking the question), of which neither we nor the Pet Experts have any control. If your pet is sick, injured, or otherwise in need of medical attention, you agree to contact your regular veterinarian or local emergency provider of veterinary services immediately, as neither Pet News Daily nor the ATV Service is the appropriate venue to deal with such situations.
You also expressly acknowledge and agree that in the case where one of the Pet Experts who is a licensed veterinarian answers your question(s), a veterinarian-client patient relationship will NOT be established, and that the ATV Service will NOT be able to diagnose, treat, or prescribe any medication for your pet. You further acknowledge that the laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending upon your location or upon the information that typically would be discovered through in-person (or in-pet) evaluations or visits. By using the ATV Service, you understand that any licensed veterinarian that answers your question(s) is NOT your pet’s veterinarian, and that the information they provide to you is NOT a substitute for in-person veterinary diagnosis and/or treatment. Please be advised that nothing transmitted to or via the ATV Service constitutes the establishment of a veterinarian-patient relationship between you (or your pet) and any professional.
We highly recommend that you always seek the advice of your veterinarian or other qualified provider with any questions that you may have regarding your pet’s medical condition, and that you do not disregard the their advice (or delay seeking their advice) because of something that you have read or otherwise been provided via the ATV Service.
3. QUESTIONS AND ANSWERS MAY NOT BE PRIVATE OR CONFIDENTIAL
Pet News Daily and the ATV Services are internet-based forums. Information and materials submitted in the content of questions, requests for information, answers, comments and other responses (collectively “Posts”) are not private or confidential, and are not protected by any doctor-patient privilege, veterinarian-patient privilege, or any other privilege, and may be read, collected and used by others. To help protect your privacy, you may want to use an anonymous user name and you may not want to include information regarding your identity (or the identity of your pet) or contact information in any of your Posts.
4. NO MANAGEMENT OF CONTENT; NO ENDORSEMENT OF PRODUCTS OR SERVICES
You expressly acknowledge and agree that we do not directly manage the ATV Service and that we do not edit, modify, filter, screen or otherwise review the Content posted by our Pet Experts. As a result, we do not have absolute control over the quality, safety, or legality of the answers that are provided through the ATV Service. Notwithstanding the foregoing, we reserve the right, but not the obligation, to refuse to post or to remove any Content and/or to remove any user’s access to Pet News Daily or to the ATV Services.
The answers provided via the ATV Service are the responses of the individual Pet Expert, and are not given by and are not endorsed by us or by Pet News Daily. If any such answer includes an endorsement of any particular medication, product or service, or other website, then such endorsement is given by the individual Pet Expert only, and NOT by us or by Pet News Daily.
5. YOUR USE OF THIS SITE IS AT YOUR OWN RISK
By visiting Pet News Daily and using the ATV Service, you expressly acknowledge and agree that there are risks and limitations associated with online services such as the ATV Service, and that your reliance on any Content, recommendation or other advice contained on Pet News Daily or the ATV Service is solely and exclusively at your own risk. In particular, you acknowledge and agree that, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PET NEWS DAILY NOR ANY OF PET NEWS DAILY’S AFFILIATES, LICENSORS, SERVICE PROVIDERS, PET EXPERTS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE, WHETHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL, INCLUDING, WITHTOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES (COLLECTIVELY, “LOSSES”) RELATED TO YOUR USE OF (OR INABILITY TO USE) THE ATV SERVICE, PET NEWS DAILY, OR ANY SITE LINKED TO PET NEWS DAILY, WHETHER FROM ERRORS OR OMISSIONS IN THE CONTENT OF PET NEWS DAILY OR THE ATV SERVICE OR ANY OTHER LINKED SITE(S), FROM PET NEWS DAILY OR THE ATV SERVICE BEING DOWN OR UNAVAILABLE, OR FROM ANY OTHER USE OF PET NEWS DAILY OR THE ATV SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT PET NEWS DAILY IS NOT IN THE BUSINESS OF PROVIDING ANY TYPE OF PROFESSIONAL VETERINARY ADVICE WHATSOEVER, AND THAT THE FUNCTIONS, OPERATIONS AND CONTENT OF THE PET NEWS DAILY AND THE ATV SERVICE ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT, AND THERE IS NO WARRANTY THAT THE INFORMATION CONTAINED IN PET NEWS DAILY OR THE ATV SERVICE OR ANY OF THE RELATED CONTENT WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
YOU FURTHER AGREE THAT NEITHER PET NEWS DAILY, OR THE ATV SERVICE ARE RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO PET NEWS DAILY OR USER OF THE ATV SERVICE OR ANY OTHER THIRD PARTY.
6. RIGHT TO MODIFY TERMS; ACCEPTANCE OF TERMS