Terms of Service

1. Ask-the-Audience - Conditions of Use.

By accessing this web site you accept this Agreement THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND SDVI INC. ("Provider"). BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.

2. Copyright.

All rights, including copyright and database right, in the Ask-the-Audience (hereinafter referred to as ATA) website and its contents, are owned by or licensed to the San Diego Veterinary Imaging (hereinafter referred to as SDVI), or otherwise used by the SDVI as permitted by applicable law.

Where you are invited to submit any contribution to this site you are required by such submission to grant SDVI a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant such rights to the SDVI, it is suggested that you do not submit your contribution to this site.

By submitting your contribution to this site, you also warrant that such contribution is; your own original work and that you have the right to make it available to SDVI for all the purposes specified above; is not defamatory; and does not infringe any law. Indemnify the SDVI against all legal fees, damages and other expenses that may be incurred by SDVI as a result of your breach of the above warranty; and Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the ATA site and the other purposes specified above. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this site relating to specific material then the latter shall prevail. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of the State of California.

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.

Reverse Engineering: SDVI retains all right, title, and interest in and to the Software, and any rights not granted to you herein are reserved by SDVI. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law.

If applicable law permits such activities, any information so discovered must be promptly disclosed to SDVI and shall be deemed to be the confidential proprietary information of SDVI.

Disclaimer of Warranty. SDVI PROVIDES THE SOFTWARE AND THE SERVICES "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL RISK OF QUALITY AND PERFORMANCE OF THE SOFTWARE OR SERVICES REMAINS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Limitation of Remedies.

IN NO EVENT WILL SDVI, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS OR AGENTS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF SDVI OR AN AUTHORIZED LICENSOR DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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, SDVI'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

3. No SDVI Liability.

SDVI assumes no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorney's fees for, any claim based upon: (i) any method or process in which the Software or Services may be used by you; (ii) any results of using the Software or Services; (iii) any use of other than a current unaltered release of the Software; or (iv) the combination, operation or use of any of the Software or Services furnished hereunder with non-SDVI programs or data if such infringement would have been avoided by the combination, operation, or use of the Software or Services with other programs or data.

ATA Terms of Service last updated on June 14, 2011.

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