PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
Welcome to www.TexPlexFoxCreek.com. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy
These Terms of Use (“Terms”) govern your use any website where this Terms of Use is posted (each a “Site”) or any mobile application (each an “App”) that are operated by TexPlex or any of its divisions or affiliates (collectively, “TexPlex At Fox Creek”, “we” and us” or “Company”). The Sites and Apps are collectively referred to in these Terms as a “Services.” By using the Services, you agree, without limitation or qualification, to be bound by these Terms and the TexPlex Privacy Policy, which is incorporated herein by reference. If you do not accept, please do not use the Services.
Company may revise these Terms at any time. Your continued usage of the Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Services for any reason.
1. Eligibility and Use
You must be 18 years of age or older to visit or use the Services in any manner. By visiting or using the Services or accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.
TexPlex At Fox Creek provides you with access to and use of the Services subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Services and for any use of the Services by anyone accessing it using your login information.
2. Use Restrictions
The content on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from TexPlex At Fox Creek’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with TexPlex At Fox Creek. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Services for any purpose, subject to the express provisions of these Terms.
You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use. If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by TexPlex At Fox Creek that replace and/or supplement the original Site or App, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without TexPlex At Fox Creek’s written permission, “mirror” any Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
3. Copyright and Trademarks
The Services, and all content available through the Services, is protected by copyright. Unless specified otherwise on the Services or except as permitted by United States copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without TexPlex At Fox Creek’s prior written consent. Any such use of the Service’s content for any purpose not authorized under these Terms is a violation of the copyrights of TexPlex At Fox Creek (or other entities where so indicated).
Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from TexPlex At Fox Creek in advance. Any such request should be submitted via an email to Websiteinquiries@ehcvet.com. The use of the Services, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill are proprietary to TexPlex At Fox Creek or its licensors.
All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to TexPlex At Fox Creek or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of TexPlex At Fox Creek or the appropriate owner thereof.
4. User Submissions
The personal information you submit to TexPlex At Fox Creek is governed by the TexPlex At Fox Creek Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
Except as provided under Submission of Ideas (below), TexPlex At Fox Creek does not claim ownership of any information or material a user provides to TexPlex At Fox Creek or posts, uploads, input, submits, or transmits to the Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of TexPlex At Fox Creek, exposes TexPlex At Fox Creek or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by TexPlex At Fox Creek. If you make a Submission, you automatically grant–or warrant that the owner of such content has expressly granted– TexPlex At Fox Creek a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, TexPlex At Fox Creek is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. TexPlex At Fox Creek is not responsible for the consequences of any Submission. TexPlex At Fox Creek is not responsible for screening or monitoring Submissions made to the Services by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, TexPlex At Fox Creek may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. TexPlex At Fox Creek will have no liability or responsibility to users for performance or nonperformance of such activities.
TexPlex At Fox Creek reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Services upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms of Use.
5. Unsolicited Ideas
TexPlex At Fox Creek’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company, including ideas for new products or services. You should not transmit any material to the Services that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to TexPlex At Fox Creek through the Services or otherwise shall be the property of TexPlex At Fox Creek, and may be treated by TexPlex At Fox Creek as non-confidential and non-proprietary.
Except as expressly provided in our Privacy Policy, you give TexPlex At Fox Creek an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that TexPlex At Fox Creek has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to the Services.
6. Promotions
Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
7. Colors
While TexPlex At Fox Creek strives to display as accurately as possible the colors of the products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.
8. Terms of Sale
We reserve the right to refuse to process or complete any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via the Services for private and domestic purposes.
We expressly prohibit purchases for resale and/or reselling any TexPlex At Fox Creek product as part of any business (including any online business) unless agreed in writing by TexPlex At Fox Creek.
9. Pricing, Offers, and Selections
Regular and sale prices, offers, and selections found on the Services may vary from those found at TexPlex At Fox Creek stores and in local TexPlex At Fox Creek advertisements. Prices, offers, and selections on the Services are subject to change without notice.
10. International Use
We control and operate the Services from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from outside the United States do so voluntarily and are responsible for compliance with their local laws.
Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Services may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Pet Pharmacy/Health Content.
All content available in any pet pharmacy portion of the Services, or in any other health portion of the Services, is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your pet or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Services. TexPlex At Fox Creek does not represent or guarantee that such information is accurate, complete, or timely.
12. Disclaimers; Limitation of Liability
All content available on the Services is provided for informational purposes only. The use of the Services or the Contents is at your own risk. The Contents on the Services could include technical inaccuracies or typographical errors. TexPlex At Fox Creek may make changes or improvements at any time.
THE CONTENTS ON THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TexPlex At Fox Creek DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TexPlex At Fox Creek DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TexPlex At Fox Creek DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TexPlex At Fox Creek) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TexPlex At Fox Creek ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY TexPlex At Fox Creek, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.
13. Indemnity
You hereby agree to defend, indemnify, and hold TexPlex At Fox Creek and our affiliates, and our respective officers, directors, employees, agents, information providers licensors and licensees, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms of Use. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
14. Your Account
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. TexPlex At Fox Creek reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
15. Contact with Third Parties and Third Party Websites
The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that TexPlex At Fox Creek shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. TexPlex At Fox Creek makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
16. Termination
TexPlex At Fox Creek reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.
17. Modification or Suspension of the Services
You agree that TexPlex At Fox Creek may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
18. General
TexPlex At Fox Creek makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Use Restrictions, User Submissions, Unsolicited Ideas, Disclaimers; Limitation of Liability, Indemnity, Applicable Laws, and Complete Agreement.
19. Applicable Laws
These Terms are governed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. You and TexPlex At Fox Creek hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in Texas for the adjudication or disposition of any claim, action or dispute arising out of these Terms, including the TexPlex At Fox Creek Privacy Policy.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
20. Class Action Waiver; Mandatory Agreement to Arbitrate on an Individual Basis
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorney’s fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
21. Notice and Take Down Procedures
The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may request removal of such content from the Services by contacting TexPlex At Fox Creek at the address identified below and providing the following information:
Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work(s);
Identification of the content that you believe to be infringing, and its location. Please describe the content, and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
Your name, address, telephone number, and email address;
A statement that you have a good faith belief that the complained of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
A statement that the information in this notification is accurate and, “under penalty of perjury,” you are the copyright owner or authorized representative; and
A signature or the electronic equivalent from the copyright holder or authorized representative.
Please send all notices (and counter-notices) to TexPlex At Fox Creek’s designated copyright agent at the following address:
TexPlex At Fox Creek
Attn: Copyright Agent; Law Department
1601 Elm st.
Suite 4210
Dallas, Texas 75201
22. Changes to these Terms
We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Services.
23. Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of TexPlex At Fox Creek on the Services, these Terms of Use, including the TexPlex At Fox Creek Privacy Policy, constitute the entire agreement between you and TexPlex At Fox Creek with respect to the use of the Services and Contents.