Terms of Service

LODI VETERINARY CARE TERMS OF SERVICE

Last Updated: January 5, 2019

Lodi Veterinary Care., on behalf of itself (“Lodi Veterinary Care “we,” “us” or “our”)
provides all content and services, referred to collectively, as the “Site”. Use of the Site is
subject to your agreement to comply with and be subject to the terms and conditions
set forth in this Terms of Service agreement, along with the Privacy Policy. By visiting or
using the Site, you are indicating your acceptance of these Terms of Service and your
agreement to be bound by it.

1. Privacy. Please review our Privacy Policy, which also governs your use of this
Site.

2. Changes and Updates to Terms of Service. Please read these Terms of Service
carefully

At times it may be necessary for us to make changes to the Site or these Terms of
Service. We reserve the right to update or modify these Terms of Service at any time
and from time to time without prior notice. If we make any material changes to these
Terms of Service, we will provide a notice on our Site prior to the changes becoming
effective. Your use of our service after the effective date of any changes or revisions to
these Terms of Service shall indicate your agreement with the terms of such revised
Terms of Service.

3. Products, Services and Content Provided. All products and services made available
on, by or through the Site (collectively, the “Services”) and Content are provided for
solely for your own personal and non- commercial purposes and is subject to US and
international intellectual property laws. You acknowledge and agree that the Content
and Services are owned by us, our suppliers and/or licensors, as applicable, and are
protected by intellectual property laws. We reserve the right to change, modify, or
delete the content at any time. You may not distribute, modify, transmit or publicly
display the content without the prior written consent of Lodi Veterinary Care or its
licensors or suppliers, as applicable. You shall take all reasonable steps to prevent any
unauthorized reproduction and/or other use of the Content and will advise Lodi
Veterinary Care promptly in the event you become aware of any such unauthorized
use(s).

4. Your Account. In order to use some of the features or functionality offered at the Site
or to access some areas of the Site, you may need to create an account and have a valid
payment method associated with it. You are responsible for providing truthful and
accurate information to create an account, and for maintaining the confidentiality of
passwords to your account. If you are under 18, you may use the Content and Services
only with the involvement of a parent or legal guardian. We reserve the right to
terminate your account, refuse registration of passwords, refuse service, or terminate
your rights under these Terms of Service, or cancel orders in our exclusive discretion. All
information provided to us is subject to the Lodi Veterinary Care Privacy Policy. If you
have questions about your account, or have reason to believe that your account with us
is no longer secure, you agree to immediately notify us at lodivet@lodivet.com or (608)
592-3232.

5. Purchases.
5.1 If you wish to purchase any Services through the Site, you will be asked to supply
certain information applicable to your purchase, including, without limitation, credit
card details and shipping information. You understand that any such information will be
treated by us in the manner described in our Privacy Policy. You agree that all
information that you provide to us will be true, accurate, current and complete.
5.2. You agree to pay all fees and charges incurred by you or any users of your account
and credit card (or other applicable payment mechanism) at the price(s) in effect when
such charges are incurred. You will also be responsible for paying any applicable taxes
relating to your purchases. All amounts appearing on the Site are quoted in U.S. dollars.
Payments must be made using a valid credit card. Credit card payments are processed
using a third-party payment processor. ALL TRANSACTIONS ARE BETWEEN YOU, THE PET
OWNER, AND LODI VETERINARY CARE.
9.3 Despite our efforts, a small number of the items in our Site or in our printed
formularies may be mispriced. If we discover a mispricing, we will contact you regarding
issue.
9.4. We reserve the right, without prior notification, to change such descriptions or
references, to change the prices, fees and charges associated with any Service, to limit
the order quantity on any Service, to reject, correct, cancel or terminate any order,
and/or to refuse to provide any Services to you. Verification of information applicable to
a purchase may be required prior to our acceptance of any order. Price and availability
of any Services are subject to change without notice.
9.5. Once you have completed your purchase, you will receive an e-mail confirming your
order. Please keep this e-mail as it is your sales receipt and order confirmation for
Services ordered, and will include your order number. All order fulfillment emails will
contain a contact e-mail address which you should use to contact Lodi Veterinary Care.
9.6. Subject to applicable law, shipping, return and exchange of any Service purchased
from the Site will be governed by Lodi Veterinary Care Shipping and Return policies. We
reserve the right, without prior notification, to change our Shipping and Return policies
at any time. We attempt to be as accurate as possible in the description of products on
the Site. However, we do not warrant that product descriptions or other content is
wholly accurate, complete, reliable, current or error free. If a product offered on the

Site is not as described, your sole remedy is to return it in unused condition. PLEASE
NOTE THAT PRESCRIPTION MEDICATIONS MAY NOT BE RETURNED, AND ALL SALES ARE
FINAL PER STATE AND FEDERAL LAWS.

10. AutoShip Subscriptions. By clicking on the ‘AutoShip’ button on any eligible product
you accept the terms, limitations, conditions and requirements of this Section 9. When
you elect to purchase an eligible AutoShip product, your AutoShip subscription will
automatically create a new order according to the frequency you choose. The amount
charged for an AutoShip product will be the price of that item on our site at the time
your order is processed, or lower. The total cost charged to your payment method for
each Autoship order will be the price of the item, less any Autoship promotion for the
product your ordered, plus any applicable shipping charges and sales tax. The charge for
each AutoShip item shipment will be billed to the payment method you used to create
your subscription, or as otherwise directed by you. If we are unable to complete your
AutoShip order with the payment method you used to create your subscription, you will
receive a credit card declined email and your AutoShip item will not be placed until you
update the payment method on your account. Your subscription will remain in effect
until it is cancelled. You can cancel or adjust your AutoShip preferences or order
frequency at any time by visiting Manage AutoShip in your account, clicking Edit and
cancel. We reserve the right to change AutoShip terms at any time, including discount
amounts and eligibility used to determine discount amounts, price, taxes, availability of
products, and shipping charges. If the item is unavailable when we plan to ship it, we
will contact you through email or phone. AutoShip subscriptions are good while supplies
last and we reserve the right to terminate your subscriptions at any time without notice.
If we do so, you will only be charged for orders that have been shipped to you.
11. Intellectual Property. All content included in or made available through the Site,
including copyrights, trademarks, logos, and service marks displayed on the Site, are the
intellectual property of Lodi Veterinary Care, our licensors and suppliers, and others.
Nothing contained on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any intellectual property without the express
written permission of Lodi Veterinary Care, our licensors or suppliers, or the third-party
owner of any such intellectual property and use of the intellectual property is expressly
prohibited. Lodi Veterinary Care trademarks may not be used in connection with any
product or service that is not ours, in any manner that is likely to cause confusion
among customers, or in any manner that disparages Lodi Veterinary Care, its licensors,
or its suppliers.

12. Rules for Polls, Surveys, Sweepstakes, Contests and Games. Any polls, surveys,
sweepstakes, contests or games (collectively, the “Contests”) that are accessible
through the Site are governed by these Terms of Service, to the extent applicable, and
by any such additional rules that are made available with the Contest. By entering or
participating in the Contests, you signify your agreement and acceptance of these Terms
of Service and such applicable rules. Our Privacy Policy governs any information you
submit in connection with such Contests.

13. Termination. These Terms of Service shall remain effective until terminated in
accordance with its terms. Either you or Lodi Veterinary Care may terminate these
Terms of Service immediately upon notice to the other party. In addition, we reserve the
right to immediately terminate these Terms of Service, and/or your access to and use of
the Site, or any portion thereof, at any time and for any reason, with or without cause.
Upon termination of these Terms of Service by either party, your right to use the Site
shall immediately cease, and you shall destroy all copies of any Content that you have
obtained from the Site, whether made under the terms of these Terms of Service or
otherwise. The following sections of these Terms of Service shall survive the termination
of these Terms of Service: 2, 3, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17 and 18.

14. Disclaimers.
14.1 As Is Basis. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE
SITE IS PROVIDED ON A STRICTLY “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED; AND (B) LODI VETERINARY CARE AND ITS
AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS,
CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS,
SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS,
MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SITE IS CURRENT AND/OR UP-
TO-DATE. LODI VETERINARY CARE AND THE REPRESENTATIVES DO NOT WARRANT THAT
THE SITE NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE,
CURRENT, RELIABLE, UNINTERRUPTED, ERROR- FREE OR SECURE, NOR THAT DEFECTS
WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS
HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND
USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION,
ADVICE OR STATEMENT OF LODI VETERINARY CARE OR ANY OF REPRESENTATIVES,
WHETHER MADE ON OR IN CONNECTION WITH THE SITE SHALL CREATE ANY
WARRANTY.
14.2 No Implied Warranties. Some states do not allow the disclaimer of implied
warranties of merchantability and fitness for a particular purpose, so the above
disclaimers or exclusions may not apply to you. In the event that applicable law imposes
implied warranties on the Site notwithstanding the foregoing, such implied warranties
shall not have a duration greater than one year from the relevant purchase or access
date; shall terminate automatically at the end of such period; and shall be disclaimed
and excluded to the fullest extent permitted by law. You may also have other rights
under applicable law which vary from state to state.
14.3 User Identity. LODI VETERINARY CARE AND THE REPRESENTATIVES ARE UNDER NO
OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE. LODI VETERINARY CARE
AND THE REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED
TO THE SITE BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN,
OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE
TERMS OF SERVICE. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS
TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION
AND COMMON SENSE WHEN USING THIS SITE.
14.4 Risk of Commercial Transaction. THROUGH YOUR USE OF THE SITE, YOU MAY HAVE
THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES.
ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. LODI VETERINARY CARE AND ITS
REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY
AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
14.5 Competition Animals. LODI VETERINARY CARE AND ITS REPRESENTATIVES
EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES IN REGARD TO THE
SUITABILITY OR USE OF ANY PRODUCT FOR ANIMALS INVOLVED IN COMPETITION,
INCLUDING AUTHORIZATION OR APPROVAL BY THE GOVERNING BODY FOR THE SPORT
OR COMPETITION IN WHICH YOUR ANIMAL IS INVOLVED. VETS FIRST CHOICE’S LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT
OF OR RELATING IN ANY MANNER TO THE USE OF ANY PRODUCT FOR AN ANIMAL
ENGAGED IN ANY COMPETITION SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR THE
PRODUCT.

15. Limitation of Liability. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY OF ANY KIND, NEITHER LODI VETERINARY CARE NOR ANY OF ITS
REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY MANNER TO THE SITE, CONTENT, SERVICES AND/OR ANY
LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE
AND/OR ANY THIRD PARTY SITE IS TO STOP USING THE SITE OR THE APPLICABLE THIRD
PARTY SITE, AS APPLICABLE. LODI VETERINARY CARE’S LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR
RELATING IN ANY MANNER TO THE SITE SHALL BE THE TOTAL AMOUNT PAID BY YOU

FOR USE OF THE SITE. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to you
and in such case in no event shall NO EVENT SHALL LODI VETERINARY CARE’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE
HUNDRED DOLLARS ($100).

16. Indemnification. You agree to fully indemnify, defend and hold Lodi Veterinary Care
and its Representatives from and against any and all claims, damages, losses, costs
(including reasonable attorneys’ fees) and other expenses that arise directly or indirectly
out of or from (a) your breach of these Terms of Service, (b) any allegation that any
Ideas or other materials you submit to us or transmit to the Site infringe or otherwise
violate the copyright, patent, trademark, trade secret or other intellectual property or
other rights of any third party, and/or (c) your activities in connection with the Site.

17. Jurisdiction. This Site is administered by Lodi Veterinary Care from its offices in Lodi,
Wisoncsin U.S.A. and other locations within the United States. Lodi Veterinary Care
makes no representation that the Site is appropriate or available for use outside the
United States, and access to the Site from jurisdictions in which the contents of the Site
are illegal is prohibited. You may not use, export or re-export the 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. These Terms of Service shall be governed by the laws of the
State of Wisconsin without regard to its conflict of law provisions. With respect to any
disputes or claims not subject to arbitration, as set forth above, you and Lodi Veterinary
Care agree to submit to the personal and exclusive jurisdiction of the state and federal
courts located in Wisconsin. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT
OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS,
CROSS- CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION
WITH THESE TERMS OF SERVICE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO
REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR
OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK
TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES
ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER
PARTY ENTERING INTO these Terms of Service. The failure of Lodi Veterinary Care to
exercise or enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision. If any provision of these Terms of Service is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms of Service remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Site or these Terms of Service must
be filed within one (1) year after such claim or cause of action arose or be forever
barred. A printed version of these Terms of Service and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating
to these Terms of Service to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed
form. The section titles in these Terms of Service are for convenience only and have no
legal or contractual effect. Notices to you may be made via either email or regular mail.
The Site may also provide notices to you of changes to these Terms of Service or other
matters by displaying notices or links to notices generally on the Site. You hereby
acknowledge that you have carefully read all of the terms and conditions of Lodi
Veterinary Care Privacy Policy and agree to all such terms and conditions.

18. Arbitration. At our or your election, all disputes, claims, or controversies arising out
of or relating to these Terms of Service and/or the Site that are not resolved by mutual
agreement may be resolved by binding arbitration. Lodi Veterinary Care shall advance
the costs of such binding arbitration, but you agree that should we prevail in the
arbitration, Lodi Veterinary Care is entitled to reimbursement of all costs. Unless
otherwise agreed by the parties, arbitration will be held in Lodi, WI before a single
arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a
single arbitrator appointed and will be conducted in accordance with the rules and
regulations unless specifically modified in these Terms of Service. The arbitration must
commence within forty-five (45) days of the date on which a written demand for
arbitration is filed by either party. The arbitrator will have the power to order the
production of documents by each party and any third-party witnesses. In addition, each
party may take up to three (3) depositions as of right, and the arbitrator will not have
the power to order the answering of interrogatories or the responses to requests for
admission or the inspection of premises. In connection with any arbitration, each party
must provide to the other, no later than ten (10) business days before the date of the
arbitration, the identity of all persons that may testify at the arbitration, a copy of all
documents that may be introduced at the arbitration or considered or used by a party’s
witness or expert, and a summary of the expert’s opinions and the basis for said
opinions. The arbitrator’s decision and award shall be made and delivered within sixty
(60) days of the conclusion of the arbitration and within six (6) months of the selection
of the arbitrator. The arbitrator will not have the power to award damages in excess of
the limitation on actual compensatory damages set forth in these Terms of Service and
may not multiply actual damages or award punitive damages or any other damages that
are specifically excluded under these Terms of Service, and each party hereby
irrevocably waives any claim to such damages. The parties covenant and agree that they
will participate in the arbitration in good faith. The arbitrator may, in his or her
discretion, assess costs and expenses (including the reasonable legal fees and expenses
of the prevailing part) against any party to a proceeding. Any party refusing to comply
with an order of the arbitrators will be liable for costs and expenses, including attorneys’
fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing,
in the case of temporary or preliminary injunctive relief, any party may proceed in court
without prior arbitration for the purpose of avoiding immediate and irreparable harm.

The provisions of this arbitration section will be enforceable in any court of competent
jurisdiction.

19. Entire Agreement. These Terms of Service constitutes the entire agreement
between you and Vets First Choice and governs your use of the Site, superseding any
prior agreements between you and Vets First Choice with respect to the Site.

20. Severability. If any provision of these Terms of Service is for any reason deemed
invalid, unlawful, void or unenforceable by a court or arbitrator of competent
jurisdiction, then that provision will be deemed severable from these Terms of Service,
and the invalidity of the provision will not affect the validity or enforceability of the
remainder of these Terms of Service (which will remain in full force and effect).
21. Copyright Infringement Claims. If you believe that your work has been copied in a
manner or type that constitutes infringement of your copyright, please submit a
complaint to lodivet@lodivet.com or Lodi Veterinary Care, 705 N. Main St. Lodi, WI
53555

Your claim should include ALL of the following information:
• A description of the copyrighted work you believe has been infringed upon;
• A description of where the material that you claim is infringing is located on this Site;
• Your email address, phone number, and physical address;
• A statement by you that you have a good-faith belief that the alleged use on this Site
is not authorized by the copyright owner, an agent for the copyright owner, or under
the copyright laws of the United States;
• A statement by you, made under the penalty of perjury, that the information in your
notice is accurate;
• A statement by you, made under the penalty of perjury, that you are the copyright
owner, or are authorized to act on the copyright owner’s behalf; and
• A physical signature of the copyright owner or person authorized to act on behalf of
the copyright owner.

24. Contact Us. For more information or questions about these Terms of Service, please
contact us at lodivet@lodivet.com or call (608) 592-3232.

Please note that our online store is still undergoing maintenance and no orders will be fulfilled. Dismiss

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