Legal Notice

TERMS OF USE AGREEMENT BETWEEN USER AND PEAK MARKETING, LLC

PRIVACY POLICY

At Peak Marketing, user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. This policy may be updated by us from time to time, so please check here frequently.

TERMS OF USE

Please read this agreement (“Agreement”) carefully before using our website at www.durvet.com. By accessing or using our website, you agree to be bound by this Agreement and all of its terms without change. This agreement is between Peak Marketing, you the user, and, if you are using the website on behalf of a company or organization, the company or organization will also be considered a party to this Agreement.

Neither Peak Marketing nor its representatives are engaged in rendering legal services, medical or veterinary advice or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.

We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Peak Marketing or its affiliates.

Peak Marketing and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services or other material on our website. While we strive to keep the information on this website accurate, complete and up-to-date, Peak Marketing and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information or services on the website.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

We use the website to provide information about our products and related promotions (“information”). We grant you access to this website during the term of this agreement solely to receive the information. You may access, download, and print materials as necessary to receive the information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases or lists obtained from this website. When we request, you agree to provide true, accurate and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws.

PROPRIETARY RIGHTS

All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to Peak Marketing. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of Peak Marketing.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to Peak Marketing that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.

You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this website. You may not republish Peak Marketing content or other content from this website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware or other malicious code to this website. You represent that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

If you are under the age of 13, you may not use this website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Peak Marketing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Peak Marketing SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE INFORMATION OR PRODUCTS; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR OUR PRODUCTS OR PROMOTIONS. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT PRODUCTS OR $100, WHICHEVER IS GREATER.

LINKS TO THIRD PARTY SITES

This website may contain hyperlinks to websites operated by parties other than Peak Marketing or its affiliates including various links and sharing tools for social networking sites such as Facebook. Such links are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the Peak Marketing privacy policy is applicable only when you are on our website, once linked to another website, you should read that site’ privacy policy before disclosing any personal information. We do not endorse or approve any content or social networking sites such as Facebook.

LINKS TO OUR WEBSITE

You are granted a limited, revocable, and nonexclusive right to create or share a link to the home page of our website so long as (i) the link or your linking website does not portray Peak Marketing, our distributors, dealers, products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable laws and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this website. You may not use any Peak Marketing logo or other proprietary graphic or trademark as part of the link without express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink. You may not link to any page other than the home page of this website.

USE OF SUBMISSIONS

You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the website for the stated purposes of this Agreement and to authorize others to do so.

CHANGES TO WEBSITE

We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS

This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website shall be governed by and construed in accordance with the laws of Missouri, without giving effect to any principles of conflicts of law. Failure by Peak Marketing to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. 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 this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Peak Marketing and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Missouri, County of Jackson. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
Peak Marketing and other logos, product and service names are trademarks and service marks owned by or licensed to Peak Marketing or its affiliates (the “Marks”). Without the prior written permission of Peak Marketing, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.

DURVET PRIVACY POLICY

Peak Marketing, Inc. (“Peak Marketing”) is committed to safeguarding your privacy on our website located at www.Peak Marketing.com. This Peak Marketing Privacy Policy does not apply to products or services provided, or information obtained, other than through the website. Please read this policy to understand how we will treat your information. We may change this policy from time to time so please check back often. If we significantly change our collection, use, or disclosure practices, we will try to send you a notice via e-mail if you have provided us with an e-mail address. Please keep in mind that some of the services mentioned specifically in this policy may not be available on the site at this time. If you have questions concerning this policy, please contact a Peak Marketing Representative at info@durvet.com. This Privacy Policy is effective as of December 20th, 2011.

What information does Peak Marketing collect from me?

Peak Marketing collects information when you report a problem with our site or services, or contact the Peak Marketing via the corporate e-mail address or the “Contact Us” page of the website. If you contact Peak Marketing, we may keep a record of that correspondence.

If you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of this website, you should contact a representative of Peak Marketing at info@durvet.com.

What are cookies and how does Peak Marketing use them?

As part of offering and providing customizable and personalized services, many websites use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. We may use cookies to monitor traffic and promotions on the site and measure traffic patterns to improve the website.

How does Peak Marketing use the information?

Our main goal in collecting information is to improve the site and provide you with the best possible experience on the site. For example, by using the information we collect, we can notify you of other products or services available from Peak Marketing and our affiliates.

Except as provided in this Privacy Policy, only Peak Marketing and our distributors, dealers and service providers will have access to your personal account information.

Who is collecting information?

When you are on a Peak Marketing site and are asked for personal information, you are sharing that information with Peak Marketing and our distributors, dealers and service providers. If personal data is to be collected and/or maintained by any Peak Marketing other than Peak Marketing or its affiliates, we will try to notify you on the website or in an updated version of this Privacy Policy. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service.

Other websites to which we link, including Facebook via the share feature, may collect personally identifiable information about you when you visit those sites. The information practices of other websites linked to our websites are not covered by this Privacy Policy.

With whom does Peak Marketing share my information?

We will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. These are some of the ways that your information may be disclosed:

Data in the Aggregate: We may disclose “blinded” aggregated data and user statistics to prospective partners and other third parties. Blinded data is data which does not identify an individual person.

Other: We also may disclose your information in special cases. For example, when we believe that we must disclose information to identify, contact or bring legal action against someone who may be violating our Terms and Conditions of Use, or may be causing injury to or interference with our rights or property, other website users or customers, or anyone else that may be harmed by such activities. We may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service and improve our products and services.

We occasionally hire other companies to provide limited services on our behalf, including packaging, delivering or mailing, answering customer questions about products or services, sending postal mail, providing investor information and processing data. We will only provide those companies the information they need to deliver the service, and they are contractually prohibited from using that information for any other reason.

As we continue to develop our business, we may buy or sell businesses or assets. In such transactions, confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the of some or all of Peak Marketing’s businesses, customer and site visitor information may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction. In such case, the transferred information may become subject to a different privacy policy.

What security precautions are in place to protect against the loss, misuse or alteration of my information?

Because information sent through the Internet travels from computer to computer throughout the world, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Except as specifically stated, this site does not use security encryption measures. Information that you disclose by use of this site (as with any site that is non-secure), by posting a message or using e-mail, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems.

Choice/Opt-out

To ensure that you will not receive recurring marketing information from us unless you choose to, we will provide you with simple instructions on each marketing email from Peak Marketing for you to let us know that you have chosen to stop receiving such emails from us.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose information online, that information is accessible to other customers and users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

When you or we end your customer relationship with us, we will treat the information we have about you as if you were still our customer.

Who do users contact with questions or concerns about our Privacy Policy?

If you need further assistance, please send an e-mail with your questions or comments to info@vaccinateyourpets.com or write us at: