WEBSITE TERMS OF USE  

The following terms of access and use (“Terms”) apply to your use of any and all of the Heska Corporation (“HESKA”) websites (collectively the “Site”). The Site is operated by HESKA from its offices in Colorado, USA. By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse, or otherwise use the Site.

HESKA does not intend to make changes to our Terms often but reserves the right to do so. It is always a good idea, however, to double check when you visit our Site to ensure that you have read and agree with our most current Terms. Your continued use of this Site after that time will constitute your acceptance of any new or amended Terms.  These Terms do not alter the terms and conditions of any other agreement you may have with HESKA for products, equipment, software, services, or otherwise, unless otherwise provided in writing by an officer or authorized agent of HESKA. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of the Site.

Please read the HESKA Privacy Policy, which is incorporated herein by reference. By using the Site, you agree to be legally bound by the HESKA Privacy Policy, which discusses and governs our collection and use of any information you submit to us through the Site.

Use Restrictions

Copyright. The Site and all Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links, and other files, and the selection and arrangement thereof (the “Materials”) are copyrighted materials of Heska Corporation © 2016, ALL RIGHTS RESERVED, or its licensors. Permission is granted to display, copy, distribute, and download the Materials on the Site for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on the Site for commercial use without prior written approval from HESKA. You may not “frame” or “mirror” any Material contained on the Site on any other server without prior written permission from HESKA. Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. You should send any claims or notices of infringement relating to the Site or any of its Materials to info@heska.com.

Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on the Site are registered and unregistered U.S. trademarks of HESKA or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of HESKA or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HESKA or the Trademark owner. Nothing in the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission from HESKA or the Trademark owner. Misuse of the Trademarks displayed on the Site is strictly prohibited.

Third-Party Websites. Links to third-party websites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. HESKA does not control and is not responsible for these sites, their content or their policies, and your use of such third-party sites is subject to their respective terms of use and privacy policies. HESKA does not endorse or make any representations about third-party sites or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.

User Submissions. Certain areas of the Site may enable you to submit e-mails or otherwise provide feedback or information to HESKA. You agree that by submitting content:

  • You will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer;
  • You understand and agree that such content will be deemed non-confidential; and
  • You grant to HESKA the irrevocable right to use, copy, modify, publish, perform, transmit, and display such content via any media in accordance with HESKA’s Privacy Policy and waive any moral rights you may have in such content. Subject to HESKA 's Privacy Policy, HESKA shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content for any reason whatsoever.

Information, News, and Press Releases
The Site contains information, news, and/or press releases about HESKA. While this information was believed to be accurate as of the date it was prepared, HESKA disclaims any duty or obligation to update this information, news, or any press releases. Information about companies other than HESKA contained in the news, press releases, or otherwise should not be relied upon as being provided or endorsed by HESKA. You assume full responsibility and all risks arising from the use of any information contained on the Site. HESKA reserves the right to make additions deletions or modifications to the information presented on the Site at any time without any obligation to notify users of such changes. This site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons. You acknowledge that the provision of information by HESKA  and various other authors and publishers on this Site does not constitute the rendering of medical, legal, financial, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for consultation with professional advisors. Any medical recommendations contained in the information of the Site are intended to provide general guidance only. As with any diagnosis or treatment, you should use clinical discretion with each patient based on a complete evaluation of the patient, including, physical presentation and complete laboratory data. With respect to any drug therapy or monitoring program, you should refer to product inserts for a complete description of dosages, indications, interactions, and cautions.

Availability of Products and Services
Information that HESKA publishes on the site may contain references or cross-references to products and services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that HESKA intends to announce or make available such products or services to the general public, or in your country. Consult your authorized HESKA representative to determine which products and services may be available to you.

Securities Laws
The Site may include statements concerning HESKA ’s operations, prospects, strategies, financial condition, future economic performance, and demand for HESKA ’s products or services, as well as its intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of HESKA ’s securities-related filings or documents.

Security
The Site may require you to register or obtain a password prior to permitting access to certain services. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to HESKA is done so at your own risk.

Disclaimer of Warranties
THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HESKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. HESKA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONALITY ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE. USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. HESKA DOES NOT WARRANT THAT THE SITE, THE MATERIALS, OR THE SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, THE MATERIALS, OR SUCH SERVICES WILL BE CORRECTED.

Limitation of Liability
IN NO EVENT WILL HESKA OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
HESKA’s total liability to you in connection with any and all injuries, losses, expenses, demands, claims, or damages whatsoever arising out of or in any way related to your use of this Site, from any cause or causes, whether in contract, tort (including, but not limited to, negligence) or otherwise, shall not exceed an amount equal to the lesser of (a) damages suffered by you as the direct result thereof, or (b) $10.00 USD.

Indemnification
You agree to indemnify, defend, and hold HESKA and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Site.

Violations
HESKA reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Site.

Location, Governing Law and Venue
The Site is operated by HESKA from its offices in Colorado, USA.  The law of the State of Colorado shall govern these Terms, without reference to its choice of law rules.  You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts having jurisdiction within the State of Colorado (the "Colorado Courts") for any litigation or dispute arising out of or relating to these Terms and agree the Colorado Courts represent the exclusive jurisdiction for all disputes relating to these Terms.  HESKA makes no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

General
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site. This is the entire agreement between the parties relating to the subject matter in these Terms and shall not be modified except in writing signed by both parties or by a new posting by HESKA, as described above. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved.

Contact Information
If you have any questions or comments regarding these Terms, please send us an e-mail at info@heska.com.