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Registration Terms

TERMS OF SERVICE

Last updated: June 30 / 2022

Welcome to Vet Marketing Talk! We are excited to have you join this community so you can be empowered in your marketing. In order to foster a rewarding space that can bring enlightenment, there are a few rules – you may not:

• Sell products or services on the public forums or clubs, or via private messaging. Violation of this rule will result in immediate termination of your account with no refund.

• Bash or defame any users, people, clients or businesses. You may share experiences pertinent to a conversation, but this is not the place to express judgement. 

• Solicit members (e.g., promote of your own blog or business) using the forums or private messaging. You may post helpful links pertinent to a conversation.

• Use obscene language or usernames. All conversations and usernames must be family-friendly. 

• Discuss politics, world events, health issues, etc. that do not relate to marketing. We will delete any such information, with or without notice. 

• Harass or stalk another member. 

• Use this service to find a date or other relationship.

• Share any personal information (including social security numbers, birthdate, driver’s license numbers, etc.) in the public or private forums or via private messaging. 

 

 

  1. OVERVIEW

 

Kelasan Inc. (“Kelasan”, “we”, “us”) owns and operates the websites located at www.vetmarketingtalk.com and any other web-based, that we (or our affiliates) may make available to you now or in the future (collectively, the “Site”). Kelasan offers the Site, including all information and content therewith developed by Kelasan (collectively, the “Content”) and certain services, including subscription services available for purchase (the “Services”) to you, the user (which includes, without limitation, browsers, vendors, customers, merchants, and/ or other contributors of content) conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced herein (the “Terms of Service”) and compliance with all applicable laws and regulations. Your use of certain features or components of our Site, access to certain Services or your ability to purchase Services may be limited to certain users as set forth in these Terms of Service. 

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you hereby accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not use or access the Site (including the Content or any User-Generated Content (defined below)) or access or purchase any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using the Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of the Site or the Services will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Service and our Privacy Policy, these Terms of Service control. Please note that other websites operated by Kelasan or affiliated with Kelasan may have similar or different terms of use and privacy policies that separately govern their use, as may be posted on those websites.

Any new features, tools or services which are added to the current Site or Services shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change or replace any part of these Terms of Service. You will be prompted to accept the new version the next time that you sign into your account. Any such changes will be effective as of the date of posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site (including the Content and User-Generated Content) or use or purchase of any Services following the posting of any changes constitutes your acceptance of those changes. Your sole and exclusive remedy for any disagreements or issues with the Terms of Service is to immediately discontinue your use of the Site (including the Content, User-Generated Content and Services).

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.

  1. SERVICES

We offer various Services to you, including certain Services that may be offered and sold to you on a subscription basis. Certain Services, including such paid Services will require you to register an account with us. Your subscription to the Services may be in the form of an individual membership, which may be purchased by you on an annual, quarterly and/or monthly basis. We also may enable certain entities, including certain corporations or other trade groups, the option to pay for access to the Services on a subscription basis. In turn, such entities, may offer to you the opportunity to sign up for an account and participate in exclusive suites with other designated Users. Such access through an entity does not guarantee access to any other public or private / exclusive forums. In either case, individual users that have either (a) registered and paid for an individual membership or (b) registered an account pursuant to an entity’s paid membership shall be deemed “Users”. When registering an account on the Site, all Users must review and accept these Terms of Service prior to completing their registration.

The paid Services may include access to an online community of Users and generally enable you, as a User, and other Users to interact, share content and information and offer expertise related to marketing and the promotion of veterinary clinics. These Terms of Service govern your participation in such online community. You understand that we are not liable for any statements, representations, or content provided by you or any Users in any forum on the Site (such content provided by you or any User shall be referred to as “User-Generated Content”) or any Third-Party Site (defined below). User-Generated Content, if displayed, is displayed for informational purposes only. We cannot and do not guarantee the accuracy, integrity or quality of User-Generated Content. You will not hold us liable in any way for (i) any errors or omissions in any User-Generated Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any User-Generated Content. 

Notwithstanding the above, in certain cases, paid services may be made available at no charge for certain Users that are currently enrolled in an educational program.

 You own the copyright in any original User-Generated Content you submit. We do not claim any copyrights in User-Generated Content. However, by using the Site or the Services, you are granting us and any of our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display, and perform, publish, transmit, create derivative works of, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, you should not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We have the right (but do not assume the obligation) to: (a) monitor all User-Generated Content; (b) require that you avoid certain subjects; (c) remove or block any User-Generated Content at any time without notice at our sole and absolute discretion; (d) disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Kelasan or others, or to enforce these Terms of Service; and (e) terminate your access to and use of the Site and/or Services, or to modify, edit, or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.

From time to time, we may modify or update the descriptions of our Services contained in this Section II or elsewhere on the Site. We also reserve the right at any time to discontinue a Service (or any part thereof). You agree and understand that we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.

  1. YOUR USER-GENERATED CONTENT

It is a condition of these Terms of Service that you do not upload, post, transmit, or otherwise make available any User-Generated Content that: 

  • is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • constitutes or encourages activity illegal under criminal or civil law;
  • is false, misleading, deceptive, inaccurate, fraudulent, or misrepresents your identity or affiliation with a person or company;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • violates or infringes upon the rights of others;
  • contains the image, name, or likeness of anyone other than yourself;
  • contains, requests or solicits any personal or private information from any individual;
  • contains advertising, promotions, or marketing, or which otherwise has a commercial purpose, except as expressly agreed to by you and us;
  • promotes violence or describes how to perform a violent act;
  • impersonates any person or entity; or
  • violates any local, state, national, or international law, rule, or regulation.

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Service; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen (18) years old and you have read and understood—and your User-Generated Content fully complies with—these Terms of Service and applicable laws and will not cause injury to any person or entity. You agree that all posts will be in English.

You understand and acknowledge that: (a) Kelasan has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; (b) you will not be entitled to any compensation (nor will Kelasan be obligated to negotiate with you) as a result of our use of any similar or identical material and (c) Kelasan may use User-Generated Content in its marketing and promotional materials.

Kelasan is not obligated to post, keep, or use your User-Generated Content.

 

  1. REMOVAL OF USER-GENERATED CONTENT

On certain pages of the Site, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content and other objectionable material by contacting us using the information provided below. While we do not have any obligation to remove material or User-Generated Content from the Site merely because of a removal request, we will review all such requests and will remove material that we determine should be removed, in our sole discretion and in accordance with these Terms of Service and applicable law. Please be aware, however, that if the material has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the material we remove from the Site may remain on back-up servers.

Kelasan does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on the Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your statement must be submitted via vettalk@beyondindigo.com or mailed to: Kelasan Inc., Attn: [VetMarketing Talk], 10961 4th St NE Suite 191, Hanover, MN 55341.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

  1. KELASAN CONTENT

 

Our Site may also contain Content, which includes, but is not limited to, information regarding our Services, blogs, and other information (whether in text, audio, graphics, and/or video) provided by Kelasan, third parties, or other users. You may access and use the Content on the Site only as permitted under these Terms of Service and the Privacy Policy. You agree that you will not use, copy or distribute any of the Content other than as expressly provided herein. You understand that by using the Site, you may be exposed to Content that may be offensive, indecent or objectionable, and you agree that we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you.

All Content presented by Kelasan is intended to be used for personal, educational or informational purposes only. Any reliance on the Content is at your own risk. You agree and understand that we are not responsible if any Content made available on the Site, or as part of the Service, is not accurate, complete or current. We reserve the right to modify the Content at any time, but we have no obligation to update any of the Content. You agree that it is your responsibility to monitor any changes to the Content.

Subject to these Terms of Service, you are hereby granted a non-transferable, non-exclusive, limited, revocable license to use the software and access the Content provided to you through the Site. As between you and Kelasan, you understand and agree that all Content (except for your User-Generated Content) displayed on our Site, or otherwise used in any messages to you, is our exclusive property. Except as permitted herein, any use of the Content (except for your User-Generated Content), including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance is strictly prohibited.

  1. YOUR OBLIGATIONS; YOUR REPRESENTATIONS AND WARRANTIES

In addition to any other obligations set forth in these Terms of Service, you understand and agree that you are solely responsible for maintaining the security of your account. You are also solely and fully responsible for all activities that occur under your username and any other actions taken in connection with your account. You agree to immediately notify us in writing of any unauthorized use of this Site or any other breaches of security. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions. 

You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Site and access the Services, including but not limited to, a device with a video camera and Internet access. You shall submit only truthful, complete, and accurate information through the Site. We reserve the right to change the access configuration, including any software, hardware or other requirements at any time and without prior notice. 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site (and any Service) for violating any of the prohibited uses. 

  1. BILLING; TERMINATION BY YOU 

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of Services. You also agree to pay for the shipping and handling charges, if any, shown at the time you make a purchase.

In order to facilitate the Services provided through the Site, you will be required to pay a recurring fee for the Services. For these charges, your payment account will be automatically charged and you hereby consent to the automatic distribution of funds, as described for that particular Service. We will send you an invoice for the charge in advance via email. If you do not wish to renew your subscription, you may delete your account at any time by ____________. Your subscription (and any required payments) will be canceled at the end of the then-current term. However, if you registered for an account via another entity including certain corporations or other trade groups, such corporation or trade group shall be responsible for terminating your account. For example, if your participation or membership with such entity changes, such corporation or trade group may request cancelation of your account. If you have questions about your subscription status, you may need to contact such entity for further information. 

We reserve the right to refuse any order you place with us or limit or cancel quantities in our sole discretion. If we make a change to or cancel an order, we may attempt to notify you by contacting you through your account or at the [e-mail and/or billing address/phone number] provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  1. VIII.THIRD PARTIES; THIRD-PARTY LINKS

Certain Content, User-Generated Content and Services available on the Site may include or link to materials from third parties. You understand and agree that Kelasan has no responsibility for the accuracy, suitability or reliability of such third-party content.

Third-party links on the Site may direct you to a third-party website that is not affiliated with us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.

You understand and agree that we will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.

  1. FEEDBACK

You understand and agree that any ideas, suggestions, knowhow, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to us, whether by posting User-Generated Content on our Site or through any other communication or means, will be the exclusive property of Kelasan. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights.

  1. TERMINATION BY KELASAN

Kelasan may terminate your access to the Site or any of the Services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service. Upon termination, your access to the Site and the terminated Services will immediately cease but you will remain liable for all amounts due up to and including the date of termination (including amounts due for Services purchased prior to such termination). The disclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Service shall survive any such termination.

  1. Disclaimer of Warranties

ALL SERVICES, THE SITE, CONTENT AND USER-GENERATED CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” Kelasan, INCLUDING ITS SERVICE PROVIDERS, AGENTS AND CONTRACTORS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, durability, title, OR NON-INFRINGEMENT. Kelasan DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT, SERVICES, USER-GENERATED CONTENT OR THE SITE ARE or will be accurate, complete, reliable, current or error-free, or that this Site, or any other software, technology or servers used in the delivery of the SITE (AND ITS CONTENT), THE PRODUCTS OR THE SERVICES are free of any viruses or other harmful componentS. 

You agree that when you view, download or otherwise obtain content from or through the SITE, OR BY usING the Services, you do so at your own risk, and that you will be wholly responsible for your use of the foregoing and any loss of data, damages to your computer system or mobile device, or any other harm that may result from SUCH USE. Further, you understand that the content AND OTHER INFORMATION available TO YOU and the technology used to formulate and deliver SUCH CONTENT AND INFORMATION, may contain errors, bugs, problems or other limitations, and that youR use OF such information and content IS at your own risk and should not rely upon it without verification.

  1. LIMITATION OF LIABILITY

Kelasan, including its OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, (COLLECTIVELY, THE “Kelasan PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT, THE USER-GENERATED CONTENT OR ANY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Kelasan PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, USER-GENERATED CONTENT AND SERVICES, EVEN IF THE Kelasan PARTIES WERE ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE Kelasan PARTIES’ LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM. Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you.

YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR ANY CLAIM ARISING UNDER THESE TERMS OF SERVICE, WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

  1. XIII.INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Kelasan Parties from any and all third party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, including your breach of these Terms of Service (including any referenced policies of notices), or your violation of any law or the rights of a third party. 

  1. XIV.Electronic communications

In connection with your access or use the Services, including the Site, you hereby consent to receive electronic communications from us, whether through email or through the Site, or other electronic means. You hereby agree that such electronic communications will satisfy any legal requirement that such communications be in writing and are deemed to be given on the date transmitted to you.

  1. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the [State of Minnesota.

  1. XVI.Third-party beneficiaries

Any use of third-party software (or associated third-party products or services) shall be governed by the applicable party’s license or terms of use, and not by these Terms of Service. In addition to this Agreement, your use of the Service and the Site must comply with all applicable third-party terms of use. 

Except as expressly set forth herein (e.g., with respect to disclaimers and indemnification in favor of the Kelasan Parties), the parties agree that there are no third party beneficiaries of these Terms of Service.

  1. XVII.GENERAL TERMS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service shall not create any partnership, joint venture, employment, or other agency relationship between you and Kelasan.

These Terms of Service and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Kelasan may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms of Service to any affiliate of Kelasan or to another third party in the event that some or all of the Kelasan’s business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.

  1. XVIII.CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at vettalk@beyondindigo.com or by mail at 10961 4th Street #191, Hanover, MN 55341.

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