Last updated: July 26, 2023
This End User License Agreement (“Agreement”) is a legal agreement between the individual downloading, installing or using the Plumb’s mobile application (“You” or ”Your”) and Educational Concepts, L.L.C d/b/a VetMedux (referred to as either “VetMedux”). Please read this Agreement carefully before clicking the “I Agree” button, downloading, installing or using the Plumb’s mobile application.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Additionally, the term “or” shall mean “and/or” and the term “including” shall mean “including but not limited to”.
For the purposes of this End-User License Agreement:
Application means the software program named “Plumb’s” that is provided by VetMedux and downloaded by You through an Application Store’s account to a Device.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store) or any other third-party, in each case, by which the Application has been downloaded to Your Device.
Device means any device onto which the Application is installed, such as a computer, phone, digital tablet or other mobile device.
Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
Subscription means a subscription to either the “Plumb’s Veterinary Drugs®” or “Plumb’s Pro™” service offerings.
Third-Party Products means any products, content, services, information, websites or other materials that are owned by a third-party and that are incorporated into or made available by the Application.
VetMedux Content means all written (including electronic) content provided or made accessible to You via the Application, including all drug monographs, drug interactions, pet owner handouts, algorithms, and clinical monographs and other documentation.
By clicking the “I Agree” button, downloading, installing or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download, do not install, and do not use the Application.
This Agreement is a legal document between You and VetMedux, and it governs Your use of the Application. You (a) acknowledge that You have read and understand this Agreement; (b) represent and warrant that You have the right, power, and authority to enter into this Agreement, and if entering into this Agreement on behalf an organization (for instance, Your employer), You represent and warrant that You have the legal authority to bind that organization; and (c) accept this Agreement and agree that You are legally bound by it.
This Agreement is between You and the VetMedux only and not with the Application Store. Therefore, VetMedux is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to Your use of the Application.
Since the Application can be downloaded, installed, and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by VetMedux for use strictly in accordance with the terms of this Agreement.
Scope of License
VetMedux grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly as necessary to access and use a valid Subscription.
You may only use the Application if You have a valid Subscription. Your use of the Application and all information, data, and other content, in any form or medium, that You transmit or otherwise make available to VetMedux through the Application is subject to the written agreement that governs Your Subscription (the “Subscription Agreement”). If You have any questions about Your Subscription Agreement and You did not purchase a Subscription in Your individual capacity, then You should contract the organization that purchased the Subscription for You.
You may only use the Application on a Device that You own or control and as permitted by the Subscription Agreement and the Application Store’s terms and conditions.
The license that is granted to You by VetMedux is solely for Your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of VetMedux or its affiliates, partners, suppliers or the licensors of the Application.
- Violate any national, state or local law, rule or regulation.
- Use any robot, spider or other automatic device, process or means to access the Application.
- Download, distribute, copy (including via scraping) or publish VetMedux Content, except as specifically permitted in Your Subscription Agreement.
- Use any VetMedux Content in connection with any artificial intelligence, including any machine learning or neural network models. For clarity, You are prohibited from using any VetMedux Content to train any type of artificial intelligence model.
The Application, the VetMedux Content, and all worldwide copyright, patent, trademark, trade secret and other proprietary and intellectual property rights therein are, and shall remain, the sole and exclusive property of VetMedux.
Unless otherwise agreed to in writing by VetMedux, VetMedux is not obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend VetMedux has separately agreed in writing to provide indemnification, VetMedux, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or Your use of it infringes any third party intellectual property rights.
Any feedback, comments, ideas, improvements or suggestions provided by You to VetMedux with respect to the Application (“Suggestions”) shall be the sole and exclusive property of VetMedux, and You hereby assign and transfer all worldwide right, title, and interest in the Suggestions to VetMedux.
VetMedux shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
Modifications to the Application
Without limiting any other rights in the Subscription Agreement, VetMedux reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
VetMedux may, in its sole discretion. from time to time provide patches, bug fixes, updates, upgrades, new versions, enhancements, improvements, and other modifications to the Application (collectively, “Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that VetMedux has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
VetMedux does not provide any maintenance or support for the Application. To the extent that any maintenance or support is required by applicable law, VetMedux, not the Application Store, shall be obligated to furnish any such maintenance or support.
The Application may display, include or make available Third-Party Products or provide links to third-party websites or services.
You acknowledge and agree that VetMedux shall not be responsible for any Third-Party Products, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. VetMedux does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Products.
You must comply with applicable Third Parties’ terms when using any Third-Party Products. Third-Party Products and links thereto are provided solely as a convenience to You, and Your access and use of them is entirely at Your own risk.
Term and Termination
This Agreement shall remain in effect until terminated by You or VetMedux. VetMedux may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from VetMedux, in the event that Your Subscription Agreement terminates. Additionally, VetMedux may terminate this Agreement upon written notice to You in the event You materially breach any provision of this Agreement and fail to cure such breach within thirty (30) days of receiving written notice thereof from VetMedux. However, if any material breach of this Agreement is incapable of cure, then VetMedux may immediately terminate this Agreement upon written notice to You. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Device.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Device.
Termination of this Agreement will not limit any of the VetMedux’s rights or remedies at law or in equity or any of Your obligations under the present Agreement.
In addition to any indemnification in Your Subscription Agreement, You agree to indemnify and hold VetMedux and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, VetMedux, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers (collectively, the VetMedux Parties”), expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limiting the foregoing, the VetMedux Parties make no representation or warranty of any kind, express or implied: (i) that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software applications, systems or services; (ii) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (iii) that the Application will be uninterrupted, free from any errors or defects, meet any performance or reliability standards or that any errors or defects will be corrected; (iv) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (v) that the Application, its servers, the content, or e-mails sent from or on behalf of VetMedux are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 11 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, (i) VetMedux, not the Application Store, shall be solely responsible for such warranty and (ii) if the Application fails to conform to any applicable warranty, You may notify VetMedux, and VetMedux will refund the purchase price for the Application (if applicable) to You.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the VetMedux Parties under any provision of this Agreement or relating to Your use of the Application, and Your exclusive remedy for all of the foregoing shall be limited to the greater of (i) $100 or (ii) the amount actually paid by You under this Agreement for the Application (excluding any fees owed under Your Subscription Agreement).
To the maximum extent permitted by applicable law, in no event shall the VetMedux Parties be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury or loss of privacy) arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application or otherwise in connection with any provision of this Agreement, even if the VetMedux Parties have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
VetMedux does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to Your use of the Application, VetMedux, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country (“Prohibited Country”), and (ii) You are not listed on any United States government list of prohibited or restricted parties (“Prohibited Person”). The Application may not be exported or re-exported (a) into any Prohibited Country or (b) to any Prohibited Person.
Changes to this Agreement
VetMedux reserves the right, at its sole discretion, to modify or replace this Agreement at any time, and in such instance, VetMedux will notify You either by posting the updated Agreement on the Application or through any other communication to You.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised Agreement. If You do not agree to the new terms, You are no longer authorized to use the Application and You should delete it from Your Devices.
Governing Law; Jurisdiction
The laws of the State of Oklahoma, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Application. Any legal suit, action, or proceeding arising out of or related to the Agreement or the rights granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma in each case located in the city of Tulsa and County of Tulsa, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and VetMedux regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and VetMedux.
You may be subject to additional terms and conditions that apply when You use or purchase a third party’s services, which the third party will provide to You at the time of such use or purchase. In the event the terms of this Agreement conflicts with Your Subscription Agreement, the terms of the Subscription Agreement shall control.
If You have any questions about this Agreement, You can contact Us:
- By email: firstname.lastname@example.org