Terms of Use

Welcome to MerrittVet.com. Merritt Veterinary Supplies, Inc. (referred to throughout this Site as "MerrittVet.com" or “MVS”) provides this Site as a service to our veterinary customers. Please review the following basic rules that govern your use of the MerrittVet.com site. Please note that your use of the MerrittVet.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. MerrittVet.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

 

Use of MerrittVet.com

To access certain features of MerrittVet.com, which are protected by a username and password, you must submit an account application to, and be accepted by MVS for an account with MVS. You must provide accurate and complete information on your account application, and agree to MVS’s Terms of Sale. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use.

 

If you do not agree to (or cannot comply with) any of these terms and conditions, please do not use the MerrittVet.com website.

 

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of MVS or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on MerrittVet.com is strictly prohibited.

 

Order Acceptance

Please note that certain orders constitute improper use of MerrittVet.com and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, or inaccuracies or errors in product or pricing information. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

 

Third Party Sites

References on this Site to any names, logos, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply MVS’s endorsement, sponsorship or recommendation of the third party, its information, products or services. MVS is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. We urge you to read the terms of use policies on linked websites before utilizing their products or services as MVS is not responsible for these areas, and expressly disclaims all liability for any and all actions taken or not taken based on any and all contents of such websites.

 

Termination

These Terms of Use are effective unless and until terminated by either you or MVS. You may terminate these Terms of Use at any time, provided that you discontinue any further use of MerrittVet.com. MVS also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in MVS’s sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or MVS, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Termination,” “Site Security," "Quantity Limits and Manufacturer Sales," "Copyrights and Trademarks," " User Reviews, Feedback and Submissions," "Indemnification," "Disclaimer," "Limitation of Liability," "Privacy," and "General."

 

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MerrittVet.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from MerrittVet.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

 

Portions of MerrittVet.com are protected by a user name or password, which are personal to you and your business as listed on your MVS account. You may not share or give your account information, user name or password to any other person without prior permission from MVS. You may never use an account of another person without MVS’s permission. You must always keep your account password secure and are solely responsible for the activity that occurs on your account. If you share your account with anyone, MVS has the right to immediately suspend or terminate your account and your access to MerrittVet.com. If you discover a breach of security or unauthorized use of your account, you must notify MVS by telephone immediately. Although MVS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MVS or others due to such unauthorized use, including money damages.

 

Quantity Limits and Manufacturer Sales

MVS reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per business or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of MerrittVet.com and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. MVS also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from MVS for the purpose of engaging in a commercial sale of that same product(s) with a third party.

 

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MVS, one of its affiliates or by third parties who have licensed their materials to MVS and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of MVS and is also protected by U.S. and international copyright laws.

 

MVS and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone or any license under any of MVS’s or any third party's intellectual property rights.

 

The MVS names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Merritt Veterinary Supplies, Inc. All other marks are the property of their manufacturing partners. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

 

User Reviews, Feedback, Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to MVS on or through MerrittVet.com, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant MVS a royalty-free, irrevocable, transferable right and license to use the Comments however MVS desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

 

MVS will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. MVS is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."

MVS does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant MVS the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify MVS and its affiliates for all claims resulting from any Comments you submit. MVS and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

Indemnification

You agree to defend, indemnify and hold harmless Merritt Veterinary Supplies, Inc. and its affiliates, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorney's fees) arising from: (i) your use of and access to MerrittVet.com; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right. This indemnification and defense obligation will survive these Terms of Use and your use of MerrittVet.com.

 

Disclaimer

THIS SITE IS PROVIDED BY MVS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MVS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MVS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MVS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MERRITTVET.COM WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

PRODUCT CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEBSITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USE OR CONSUMPTION OF A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. MVS ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS MAY BE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY MVS.

 

PRODUCT WARRANTY Disclaimer: warranties, if any, are provided by the product manufacturer and not mvs. MVS does not represent or warrant the existence or scope of the manufacturer’s warranty, or whether the manufacturers’ warranty passes through to you. Mvs disclaims and limits all warranties and remedies.

 

Pricing Disclaimer: While MerrittVet.com strives to provide accurate pricing information, pricing or typographical errors may occur. MVS cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, MVS shall have the right, at MVS’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is incorrectly priced, MVS may, at MVS’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

Appearance disclaimer: We have made significant efforts to accurately display the colors and sizes of products and marketing materials that appear on the Site. However, as the actual colors and sizes you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or size will be accurate.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MVS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MERRITTVET.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, MISTAKES, ERRORS OR INACCURACIES WITH PRICING OR CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MERRITTVET.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

Privacy

MVS will share your information with manufacturing partners to fulfill your order. Information sharing typically happens when products are required to ship direct from the manufacturer, as in drop-ships and special orders. MVS only shares required information, which typically includes order information and an address for billing and/or shipping. These companies do not have any independent right to share this information with outside parties.

 

MVS will disclose your personally identifiable information in collection attempts, as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our web site.

 

Read our full Privacy Policy, which is incorporated into these Terms of Use by reference.

 

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of MVS to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit MVS’S rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under South Carolina law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of South Carolina and you consent to the exclusive personal jurisdiction of such courts.

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