TERMS OF SERVICE

Effective as of January 20, 2020

This website, (https://www.thedrpol.com) (the “Site”), is operated by, or on behalf of Dr. Pol and Docson, LLC, and Docson Brands, (collectively “Docson”).  Docson is committed to providing information and activities relating to Dr. Pol on thedrpol.com website.  Your access and use of any website where these Terms of Use are posted and/or where you actively agree to the Terms, including the websites that you may access using your mobile electronic device, and of the services provided through the Site (collectively, with the Site, the “Services”) are governed by and subject to these Terms of Use (the “Terms”). These Terms, including all documents referenced herein, represent the entire understanding between Docson and you regarding your use of this Site and supercede any prior statements or representations.  The Site’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.  Please read these Terms carefully.

1.Your Agreement

Use of this Site constitutes acceptance of this Agreement, it’s Terms and conditions of use and our Privacy Policy.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SITE.

Please review our Privacy Policy, which is incorporated into and hereby made part of this Agreement. The Site may also contain additional terms that govern particular features or services, which additional terms are also incorporated into and hereby made part of this Agreement. By using any services, you acknowledge that you have reviewed all terms of such services and agree to be bound by them.

To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity. If Docson has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

2. Additional Terms

Docson has established and may establish in the future certain additional policies pertaining to specific content or events (the “Additional Terms”). Such Additional Terms include, without limitation, Docson’s Privacy Policy.  The Privacy Policy, incorporated herein by reference, explains how Docson may collect, use and disclose information that we learn about you as a result of your interaction with us through the Services. The Privacy Policy and all other Additional Terms constitute a part of these Terms and are hereby incorporated by reference into these Terms. By agreeing to these Terms, you are also accepting the terms of the Privacy Policy and of all other Additional Terms.

Docson partners with other companies to provide or to facilitate some of the Services, including, without limitation, administering e-mail newsletters, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under the control of Docson and we advise you to read those terms of service.

3. Services and Site Use

We strive to provide any user with access to all of our services, information and/or products. Even so, this Site is not intended to replace the advice of your licensed veterinarian.

NONE OF THE INFORMATION ON THIS SITE IS MEDICAL ADVICE. DO NOT RELY ON INFORMATION PROVIDED ON THIS SITE TO DIAGNOSE OR TREAT YOUR ANIMALS OR ADVISE OTHERS TO TREAT THEIR ANIMALS. PLEASE CONSULT WITH YOUR LICENSED VETERINARIAN FOR ANY ADVISE RELATED TO THE MEDICAL TREATMENT OF ANIMALS.

Docson does not warrant or guarantee that product descriptions, services or other content on this Site, are accurate, complete, reliable, current, or error-free.

Descriptions and images of and references to, products on the Site do not imply our affiliates endorse such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other promotions; and to refuse to provide any user with any product or service.

The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules which may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the requirements applicable to the sweepstakes or promotion.

Generally, the Site contains no password-protected areas, except as necessary to maintain the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to criminal prosecution and/or civil legal action.

4. License and Access

Subject to your compliance with these Terms, Docson grants you a limited, non-exclusive, non- licenseable, non-transferable,and revocable right to access and use the Service only for your own personal, non-commercial use of this Site. Such use shall comply with all legal requirements that apply to you or your use of the Service, including those relating to data security and data privacy, such as the Privacy Policy, these Terms, and the Additional Terms.  Docson and/or the Service may revoke this license at any time, in its sole discretion.  Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Service, as well as all copies of such materials, whether made in accordance with these Terms or otherwise. 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, transfer or create derivative works from this Site or any content thereof without permission from Docson. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own personal, non-commercial use, or to reference products or services from the Site. Docson may revoke any permission to use content from its Site for a customer’s personal use or to reference products on a case-by-case basis. By using this Site you agree that Docson retains the right to revoke such permission.

As a condition of the license granted to you herein, and in addition to any other conditions and restrictions set forth in these Terms, you may not engage in any of the following activities: downloading or copying of personal information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (at Docson’s sole discretion) an unreasonable or disproportionately large load on Docson’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Docson to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Docson shall not be liable to you or any third-party for any such termination. Docson does not permit infringing activities in or on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Docson may have at law or in equity. 

Docson reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion, at any time, with or without reason or notice.

5. Ownership

Docson and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Site (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Services. The Site Content is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You acknowledge that the Site Content and Service have been developed, compiled, prepared, revised, selected, and arranged by Docson and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Docson and such others.

The name and trademark DR. POL® and any other related logos and trademarks used on this Site (collectively, the “Artist Marks”) are the exclusive property of Dr. Pol, Docson LLC, and/or Docson Brands, LLC.  Unauthorized use of any of the Artist Marks or of any word, term, name, symbol or device that is likely to cause confusion or mistake with respect to the user’s connection or association with Dr. Pol, or his approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Artist Marks is strictly prohibited by law.  All other trade names, trademarks and service-marks that appear on the Service are the property of their respective owners. You agree to notify Docson immediately upon becoming aware of any claim that the Site, Site Contents, or Service infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

You may access, browse and use the Service and the Site Content only for your personal, non-commercial use, on a computer, mobile electronic device or other Internet-compatible device. You do not acquire any ownership interests in any of the Site Content or the Artist Marks by accessing, browsing or otherwise using the Service. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Artist Marks, except as may be allowed by law.

6. Your Submitted Content

Certain features of the Site may allow you to upload, transmit, or submit to the Services certain materials, content, questions, photographs, reviews, designs, concepts, inventions, feedback, information or ideas hereafter referred to as ‘Your Content”.  You may not upload, transmit or submit to the Services any of Your Content that you did not create or that you do not have express written permission to use.  By providing Your Content to the Service, you: (i) represent and warrant that Your Content is original to you, that you solely and exclusively own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and represent and warrant that neither Your Content nor your uploading, publication, submission, or transmittal of Your Content or use of Your Content (or any portion thereof) by Docson will infringe, misappropriate, or violate any rights, including a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of privacy or publicity, or result in the violation of any applicable law or regulation; (iii) grant to Docson and the Service, a nonexclusive worldwide, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, and fully transferable, assignable and sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, stream, broadcast, transmit, display, perform, publish, sell, license, transfer, adapt, create derivative works from, and otherwise use and exploit Your Content, for any purpose that any of the Parties may choose, in and through any means or media, whether now existing or subsequently developed, and without any compensation to, or any approval by, you or any other party, and you waive and agree not to assert any author’s rights, “droits morales” or “moral rights”; and (iv) agree to indemnify, defend, and hold harmless Docson and the Service, their affiliates and subsidiaries, and their officers, owners, directors, managers, employees, agents, and representatives (the “Related Parties”) harmless for all claims resulting from Your Content (as further detailed in the Indemnification Section below). In the interest of clarity, the license granted to the us and the Services shall survive termination of the Service or the Site. You acknowledge you will not receive any monetary  compensation for Your Content. You agree that, subject to the Sites’ Privacy Policy, Your Content shall be deemed to be non-confidential and non proprietary, and the Service shall have no obligation of any kind with respect to such information.

You acknowledge and agree that you are solely responsible for Your Content. The Parties cannot be responsible for maintaining Your Content, and may remove Your Content from the Services at any time, for any or no reason, and without notice to you.  The Parties reserve the right, but do not have an obligation, to monitor and/or review all materials submitted to or through the Services, by their users, and we are not responsible for any such materials.  Docson, at their sole discretion, may proofread, summarize, or otherwise edit and/or withdraw Your Content, and you understand it remains your sole responsibility to monitor Your Content and ensure that such edited content is accurate and consistent with your representations and warranties in these Terms. However, Docson and the Site further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law.   Docson may also impose limits on certain features on the Services or restrict your access to part or all of the features or Services, if either party believes that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

7. Unsolicited Submissions

Please note that we do not accept unsolicited materials or ideas for motion pictures, television programs, websites, articles or other products or services. Therefore, please do not make any such unsolicited submissions to Docson.

We are not responsible for the similarity of any of our content or materials (whether on this Site or otherwise used by us or our affiliates) to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, such unsolicited materials or ideas shall be deemed submitted content (as such term is defined above), and Docson shall have the full rights and license thereto as Docson has with respect to any other submitted content, that no consideration of any sort will be provided to you, and that you are waiving any claim against Docson and our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.

8. Prohibited Conduct

You warrant and agree that, while accessing or using the Services, you will not do any activities otherwise prohibited by these Terms, including the following:

  • scrape, access, monitor, index, frame, link, or copy any content or information on the Service by accessing the Service in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Service through any API provided or approved by Docson, or otherwise engage in any automatic or unauthorized means of accessing, logging-in or registering on the Service, or obtaining lists of users or other information from or through the Service, including, without limitation, any information residing on any server or database connected to the Service; 
  • post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment
  • use the Service for benchmarking, or to compile information for a product or service;
  • use the Service in violation of our or of any of the Docson or Related Parties’ intellectual property or other proprietary or legal rights, or of the rights of any third party; 
  • use the Service in violation of any law; 
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Service; 
  • facilitate violations of these Terms or the Sites’ Privacy Policy; 
  • post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
  • post, transmit, publish or otherwise disseminate through the Service any of Your Content that, as Docson determines, in our sole discretion:  (i) is vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, harmful, harassing, inflammatory, threatening, abusive, libelous, defamatory, invasive of another’s privacy, or otherwise unlawful; (ii) is false, misleading, or inaccurate; (iii) promotes sexually explicit or pornographic materials, violence, or any illegal acts; (iv) infringes on our or any third party’s intellectual property or other legal rights, or otherwise violates any law; (v) is derogatory or harmful to our reputation or to the reputation of any of the Services or Related Parties in any way; (vi) gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case; or (vii) is otherwise inappropriate; or

9. Legal Compliance

You acknowledge, consent, and agree that Docson may access, preserve, and disclose your information and/or Your Content for inclusion on the Service, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by the Sites’ Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, the Site’s Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and/or (5) to protect the rights, property, or personal safety of Docson, its agents and affiliates, its users, and the public.  This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

10. Outbound Links and Third-Party Content

The Service contain links to websites of third parties (including, without limitation, Facebook, Instagram, and Twitter).  If you use these links, you will leave the Services.  These third parties and their websites are not under Docson’s control.  Docson and the Service do not examine or evaluate these websites and we are not responsible for their content or operation.  By providing links to these websites, Docson does not approve, warrant or endorse, or otherwise make any representation about, these websites or their owners or operators, and do not assume any related responsibility or liability.  You should exercise your own judgment in evaluating and using these websites.  When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any third party or linked site are those of the respective third parties and not of Docson. You further acknowledge and agree that Docson shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, information, goods or services available on or through any such site or resource or otherwise mentioned on this Site.

You are solely responsible and liable for (and Docson shall not be responsible for) your communications with any third parties appearing in or linked to the Site. Any disputes between you and any such third party are specifically and solely between you and the third party. Any warranties or representations made by any such third party are made by the third party and not by Docson. Such third parties may require you to provide additional information in order to use them or may collect additional information from you while you are using them. The collection and use of such additional information may be governed by the privacy policies of the applicable third party. YOU AGREE THAT YOUR USE OF THIRD-PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.

11. Linking to the Site

If you are interested in linking to the Site from your site, please email your request to Docson at help@thedrpol.com.  We may approve or deny your request in our sole discretion.

If we agree to your Site link request, you agree that such Site link from any website to the Site, shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site.  You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding.  Docson may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and may revoke your right to link to the Site.

12. Disclaimers and Warranties

Docson administers, controls, and operates the Service from the United States of America.  The Service is accessible worldwide; however, some of the features or functions may not be available or appropriate for use outside the United States and/or may not be available to all persons or in all geographic locations.  Docson makes no representation that the Service and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any jurisdictions outside the United States. Your access and use of the Service may not be legal in your jurisdiction.  If you choose to access, browse or use the Service, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.  Docson reserves the right to limit, in each entity’s sole discretion, as appropriate, the provision of any feature or function of the Service to any person and any geographic area.  All Service is void where prohibited.

The Service provides information of a general nature only and you are responsible for determining whether it applies to your specific situation.  Docson and Related Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Service.

THE SERVICE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITING THE FOREGOING, PARTIES AND THE RELATED PARTIES EXPLICITLY DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SERVICES, AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES.  NONE OF THE PARTIES WARRANT THAT THE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS.  YOU USE THE SERVICES AT YOUR OWN RISK.  EACH OF THE PARTIES AND RELATED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SERVICES.  YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT.  UMG AND TAYLOR NATION SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SERVICES.

13. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR LIABILITY ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, (WHETHER OR NOT ANY OF THE PARTIES OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WILL ANY OF THE PARTIES OR THE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, THAT ARISE OUT OF OR IN CONNECTION WITH (A) THE USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; (B) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (C) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (D) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH STATES OR JURISDICTIONS, UMG TAYLOR NATION, AND THE PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL DOCSON OR RELATED PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT).  IN NO EVENT SHALL DOCSON’S AND/OR THE RELATED PARTIES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES OR FOR ANY OF YOUR ACTIVITIES ON THE SERVIES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM (EXCLUDING THE AMOUNTS PAID FOR ANY MERCHANDISE PURCHASED ON THE SERVICES), OR (B) ONE U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

14. INDEMNIFICATION

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DOCSON (AND ITS OFFICERS, DIRECTROS, EMPLOYEES,AGENTS, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES) AND THE RELATED PARTIES HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LAWYERS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS OR PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF SITE CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. DOCSO RESERVES THE RIGHT, AT EACH ENTITY’S OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AS APPROPRIATE, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

15. Notices and Procedures for Making Claims of Copyright Infringement

Docson respects the intellectual property rights of others and require users of the Site to do the same.  Notices of claimed copyright infringement should be directed by written communication to the following designated agent:

By Mail:

Attn: Copyright Agent
Docson, LLC
3775 W. Jordan Rd
Weidman, MI 48893

Phone:
Email: help@thedrpol.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Docson with the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described above, we will remove the allegedly infringing material and if applicable, promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in and required by the DMCA.

If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless this Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question. Please also note that, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT THIS COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS.  ALL OTHER INQUIRIES, SUCH AS QUESTIONS AND REQUESTS RELATING TO PRODUCTS OR SERVICES, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

16. MODIFICATIONS

Docson reserves the right to modify, suspend, refuse or terminate, in the entities’ sole discretion, at any time, temporarily or permanently, for any or no reason and without notice or liability to you, any portion of the Service.

Docson reserves the right to modify these Terms and/or any other guidelines or policies affecting the Service at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “last updated and effective” date at the top of this page to ensure that you are familiar with the most recent version of these Terms. Your continued use of any of the Service after the effective date of any revisions means that you accept and agree to all such revisions. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service.

17. ASSIGNMENT

You agree that Docson may assign or delegate any of the rights or licenses granted hereunder, and/or transfer, sub-contract or delegate any of the obligations, under these Terms.  Your agreement to these Terms is personal to you and you may not transfer or assign it, your rights, licenses, or obligations to any third party. Any attempted transfer or assignment in violation hereof shall be null and void.

18. GOVERNING LAW AND JURISDICTION

By visiting or using the Services, you agree that the laws of the United States of America and the laws of the State of Michigan, without regard to the principles of conflicts of laws, will govern your use of the Service, and these Terms and all matters relating to your access to and/or use of the Service, including all disputes between you and us and/or Docson and/or the Related Parties.  You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts of Michigan, and the related appellate courts, in any related action or proceeding. You hereby waive any and all jurisdictional and venue defenses otherwise available. YOU AGREE THAT ANY COURT ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO AND/OR USE OF THE SERVICE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

19. ENTIRE AGREEMENT

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Service, including, without limitation, the Sites’ Privacy Policy and all other Additional Terms; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents.  Any rights not expressly granted in these Terms are reserved to us and Docson.

These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Service and all matters relating to your access to, and/or use of, the Service except as expressly provided herein.  A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

 If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. Docson’s failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.

20. CONTACT US

If you have any questions about these Terms, please contact us at help@thedrpol.com.