Your Quality Companion Animal Hospital
Welcome! Linnaeus (A Mars Company),
Incorporated offers this and other websites, webpages, applications, games,
posted or linked (collectively, the “Linnaeus Sites”). We hope that you will
find the Linnaeus Sites informative and entertaining.
Statement located at www.Mars.com/privacy (together, these "Terms")
describe the terms and conditions on which Mars offers you access to the Mars
Before accessing and using the Mars Sites,
please read these Terms carefully because they constitute a legal agreement
between Mars and you. BY USING THE MARS SITES, YOU AGREE TO THESE TERMS
AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU
AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING
ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS
THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE
YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR
REPRESENTATIVE CAPACITY. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS
OF LIABILITY” (Section 8) and “DISPUTE RESOLUTION” (Section 10) below for more
IF YOU DO NOT AGREE TO ANY PART OF THESE
TERMS, THEN PLEASE DO NOT USE THE MARS SITES.
1. CHANGES TO TERMS The Effective Date of these Terms is set
forth at the top of this webpage. We do not intend to change these Terms very
often but reserve the right to do so. We will notify you of any material change
by posting notice on this webpage. Whenever possible, we will notify you in
advance of our changes. We do not make changes that have retroactive effect
unless we are legally required to do so.
Your continued use of the Mars Sites after
the Effective Date constitutes your acceptance of the amended Terms. The
amended Terms supersede all previous versions of the Terms. For this reason, we
encourage you to review these Terms any time you access or use the Mars Sites
and to print out a copy of these Terms for your records.
2. ADDITIONAL TERMS Certain services offered by or through the
Mars Sites, such as mobile applications, sweepstakes, offers contests and other
services, may be governed by additional terms and conditions presented in
conjunction with them. You must agree to the additional terms before using such
services. These Terms and any additional terms will apply equally. If any
additional term is irrevocably inconsistent with any provision of these Terms,
the additional term will prevail.
3. MARS CONTENT Mars retains full and complete title to all
information and materials provided on or through or submitted to the Mars
Sites, including any artwork, graphics, text, video and audio clips,
trademarks, logos and other content (collectively, "Mars Content").
If you agree to these Terms (as well as any
additional terms and conditions related to specific Mars Content), then you may
download, print and/or copy Mars Content solely for your own personal use.
Unless Mars provides you with written
authorization to do so, you may not: Incorporate any Mars Content into any other work (such as your
own website) or use Mars Content in any public or commercial manner;
Copy, modify, reproduce, adapt, reverse engineer, distribute,
frame, republish, upload, display, post, transmit, transfer, license or
sell Mars Content in any form or by any means;
Change any of the notices about copyright, trademarks or other
intellectual property rights that may be part of the Mars Content; or
'Deep link’ to any of the Mars Sites (i.e., link to any page
other than the home page of one of the Mars Sites).
4. YOUR SUBMISSIONS In addition to job applications, Mars may
from time to time offer areas where you and other users can post or otherwise
submit information, photos, graphics, creative suggestions, ideas, notes,
concepts, information, ratings or other materials on or to the Mars Sites
(collectively, "Submissions"). By sending, posting or transmitting
Submissions to Mars (and/or our designees) or any area of the Mars Sites, you
grant Mars and our designees a worldwide, non-exclusive, sub-licensable
(through multiple tiers), transferable, royalty-free, perpetual, irrevocable
right to use, reproduce, sublicense (through multiple tiers), distribute,
create derivative works of, perform and import your Submissions in any media
now known or hereafter developed, for any purpose whatsoever, commercial or
otherwise, without compensation to you. In other words, Mars has the automatic
right to use your Submissions -- including reproducing, disclosing, publishing
or broadcasting your Submission -- anywhere, anytime, in any medium and for any
purpose. Under no circumstances are you entitled to payment if Mars uses one
for your Submissions. All Submissions are deemed non-confidential and
You are responsible for the content of your
Submissions. By posting a Submission, you represent and warrant that: You own or otherwise control all of the rights to your
Submission, including without limitation all copyrights and trademarks;
Your Submission is true and accurate;
Your Submission does not violate the rights of any other person
or entity, such as rights of privacy and publicity; and
Your Submission complies with applicable laws, rules and
You acknowledge and agree that Mars has the
right (but not the obligation) to alter, remove or refuse to post or allow to
be posted any Submission. Mars takes no responsibility and assumes no liability
for any Submission posted by you or any third party.
Mars strongly encourages you not to
disclose any personal information in your Submissions because other people can
see and use the personal information in your Submissions. Mars is not responsible
for information that you choose to communicate via Submissions.
5. USING THE MARS SITES
YOU MUST BE AT LEAST AGE THIRTEEN (13) TO
USE THE MARS SITES. By accessing, using and/or submitting information to or
through any of the Mars Sites, you represent that you are not younger than age
IF YOU ARE BETWEEN AGE THIRTEEN (13) AND
THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, YOU MAY USE THE MARS SITES ONLY
UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN.
IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND
CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF THE MARS SITES, YOU AGREE TO
BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD. We
encourage you to investigate commercially-available parental control
protections (such as computer hardware, software or filtering services) that
may assist you in limiting access to material considered harmful to minors.
While using the Mars Sites, you will not: Create a false identity or impersonate any person, including
falsely indicating that you are a Mars official or representative,
celebrity or public figure;
Transmit to or though the Mars Sites any advertisement,
solicitation, junk mail or other unsolicited or unauthorized commercial or
promotional content (unless expressly permitted in writing by Mars);
Disrupt or attempt to disrupt the proper working of the Mars
Sites (e.g., by hacking into Mars’ servers or Mars’ social media
Restrict or inhibit any other person from using and enjoying
the Mars Sites;
Use any spambot, bot net or other bot, scraper or other
automated means to access the Mars Sites or transmit any virus, worm,
Trojan or other malware to or though the Mars Sites;
Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of any of the Mars Sites;
"Frame" or "mirror" any part of any of the
Mars Sites unless you have Mars’ prior written authorization;
Post or transmit any material or engage in any other behavior
or activity that is false, misleading, unlawful, offensive, disruptive,
harmful or otherwise objectionable (as determined by Mars);or
Assist any person in engaging in any of the activities
Mars has the discretion to terminate your
access to the Mars Sites without notice for any violation of the above rules.
If you access and use the Mars Sites on your smartphone, tablet or other mobile
device, you must have wireless service through Wi-Fi or a participating mobile
service provider. Certain services may require text messaging (SMS or MMS)
capability. You agree that you are solely responsible for all message and data
charges that you incur from your mobile service provider. These charges may
include standard and premium SMS charges and may be one-time or recurring
charges. All charges are billed by and payable to your mobile service provider.
Please contact your mobile service provider for pricing plans and details. Mars
is not liable for any delays in the receipt of any text messages as delivery is
subject to effective transmission from your mobile service provider. Text
messages are provided on an “as is” basis and may not be available in all areas
at all times.
6. THIRD-PARTY WEBSITES
The Site may contain links to third-party
websites and services, including social media (collectively, “Linked Sites”).
Linked Sites are not under the control of Mars and Mars is not responsible for
Linked Sites or for any information or materials on, or any form of
transmission received from, any Linked Site. The inclusion of a link does not
imply endorsement by Mars of the Linked Site or any association with the
operators of the Linked Site. Mars does not investigate, verify or monitor the
Linked Sites. Mars provides links to Linked Sites for your convenience only.
You access Linked Sites at your own risk.
7. PRIVACY Please make sure that you carefully read
our Privacy Statement to learn about the information that Mars collects on the
Mars Sites and how we process it. Without limiting the terms of our Privacy
Statement, you understand that Mars does not and cannot guarantee that your use
of the Mars Sites and/or the information provided by you through the Mars Sites
will be private or secure. You are responsible for using the precautions and
security measures best suited for your situation and intended use of the Mars
Sites. Mars reserves the right at all times to disclose any information as Mars
deems necessary to satisfy any applicable law, regulation, legal process or
8. DISCLAIMERS OF WARRANTIES &
LIMITATIONS OF LIABILITY
Linnaeus Group warrants that Linnaeus Group
has validly entered into these Terms and has the legal power to do so. You
warrant that you have validly entered into these Terms and have the legal power
to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE
LINNAEUS GROUP SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Linnaeus Group specifically
disclaims all warranties and conditions of any kind, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
title, non-infringement, freedom from defects, uninterrupted use and all
warranties implied from any course of dealing or usage of trade. Linnaeus Group
does not warrant that (a) the Linnaeus Group Sites will meet your requirements,
(b) operation of the Linnaeus Group Sites will be uninterrupted or virus- or
error-free or (c) errors will be corrected. Any oral or written advice provided
by Linnaeus Group or its authorised agents does not and will not create any
warranty. SOME DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS
THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE LINNAEUS GROUP SERVICES
IS AT YOUR OWN RISK.
YOU AGREE THAT IN NO EVENT WILL LINNAEUS
GROUP BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE,
DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY
OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND
WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE), EVEN IF THE LINNAEUS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING
FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE LINNAEUS GROUP
The foregoing disclaimer of liability will
not apply to the extent prohibited by applicable law in the jurisdiction of
your place of residence. You acknowledge and agree that the above limitations
of liability together with the other provisions in these Terms that limit
liability are essential terms and that the Linnaeus Group would not be willing
to grant you the rights set forth in these Terms but for your agreement to the
above limitations of liability.
You agree to indemnify and defend The
Linnaeus Group and its directors, officers, employees and agents from and
against all losses, liabilities, actual or pending claims, actions, damages,
expenses, costs of defense and reasonable attorneys’ fees brought against the
Linnaeus Group by any third-party arising from your violation of these Terms,
the rights of a third-party or applicable law. The Linnaeus Group reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter subject to indemnification hereunder. In any event, no settlement that
affects the rights or obligations of The Linnaeus Group may be made without The
Linnaeus Group’s prior written approval.
10. DISPUTE RESOLUTION
These Terms are governed by and construed
and enforced in accordance with the internal laws of the England and
Wales. and are binding upon the parties hereto in England and Wales and
worldwide. You and the Linnaeus Group agree that the United Nations Convention
on Contracts for the International Sale of Goods does not apply to the
interpretation or construction of these Terms.
YOU AND THE LINNAEUS GROUP AGREE THAT
ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN
THIS SECTION 10 AND THAT YOU AND MARS WAIVE ANY RIGHT TO BRING SUCH CLAIMS
BEFORE ANY COURT OF LAW.
YOU AND THE LINNAEUS GROUP FURTHER AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT,
SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and The Linnaeus
Group and its agents, employees, officers, directors, principals, successors,
assigns, subsidiaries or affiliates (collectively for purposes of this Section
10, “Linnaeus Group Parties”) arising from or relating to these Terms and their
interpretation or the breach, termination or validity thereof, the
relationships which result from these Terms, including disputes about the
validity, scope or enforceability of this agreement to arbitration
(collectively, "Covered Disputes") will be settled by binding
arbitration in the United Kingdom administered by the LCIA in accordance with
its International Arbitration Rules in effect on the date thereof.
Prior to initiating any arbitration, the
initiating party will give the other party at least 60 days' advanced written
notice of its intent to file for arbitration. The Linnaeus Group will provide
such notice by mail or e-mail using the contact information on file with The
Linnaeus Group and you must provide such notice by mail to The Linnaeus Group,
Attn: Legal Department, Linnaeus Group
Friars Gate, 1011 Stratford Road, Shirley,
West Midlands, B90 4BN.
Payment of all filing, administration and
arbitrator fees will be governed by the LCIA rules. If, however, you are able
to demonstrate that the costs of arbitration will be cost-prohibitive for you
as compared to the costs of litigation, The Linnaeus Group will pay as much of
the filing, administration and arbitrator fees as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive for you. If
the arbitrator determines the claim(s) you assert in the arbitration are
frivolous, you agree to reimburse The Linnaeus Group for all fees associated
with the arbitration that The Linnaeus Group paid on your behalf, which you
otherwise would be obligated to pay under the LCIA rules.
A single arbitrator will be selected in
accordance with the LCIA Commercial Arbitration Rules. The arbitration shall be
conducted in the English language. The arbitrator will have the power to grant
whatever relief would be available in court under law or in equity and any
award of the arbitrator will be final and binding on each of the parties and
may be entered as a judgment in any court of competent jurisdiction. The
arbitrator will not, however, have the power to award punitive or exemplary
damages, the right to which each party hereby waives. The arbitrator will apply
applicable law and the provisions of these Terms and the failure to do so will
be deemed an excess of arbitral authority and grounds for judicial review. The
arbitrator’s decision must be with written explanation and remain confidential.
The Linnaeus Group and you agree that any
Covered Dispute will be submitted to arbitration on an individual basis
only. Neither The Linnaeus Group nor you are entitled to arbitrate any
Covered Dispute as a class, representative or private-attorney action and the
arbitrator will have no authority to proceed on a class, representative or
private attorney general basis. If any provision of the agreement to
arbitrate in this Section 10 is found unenforceable, the unenforceable
provision will be severed and the remaining arbitration terms will be enforced
(but in no case will there be a class, representative or private attorney
general arbitration). Regardless of any statute or law to the contrary, notice
on any claim arising from or related to these Terms must be made within one (1)
year after such claim arose or be forever barred. For purposes of this Section
10, these Terms and related transactions will be subject to and governed by the
Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or
actions that you may otherwise have against The Linnaeus Group under the laws
of any jurisdiction outside England and Wales are hereby waived,
including without limitation, any claims or actions under the laws of your own
country, and that your sole location and applicable law for any dispute is in
England or Wales according to the terms of this Section 10.
These Terms automatically terminate when
you fail to comply with any term or condition of them. Mars may terminate or
modify your access to the Mars Sites, with or without notice to you, at any
time for any reason. For example, access to the Mars Sites may be denied
without notice if Mars believes that you are not at least age 13.
Termination will not limit any of Mars’
other rights or remedies. This Section 11, along with Sections 3, 8, 9, 10 and
16, survive termination of these Terms.
12. JURISDICTIONAL ISSUES; TAXES
You are responsible for compliance with all
applicable laws. Mars reserves the right to limit the availability of the Mars
Sites and/or Mars Content to any person or geographic area at any time. Any
software offered on or through the Mars Sites may be subject to United States
export controls. No software may be downloaded or otherwise exported or
re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country designated by Sponsor and/or the
United States Treasury's Office of Foreign Assets Control; or (b) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using any
software offered on or through the Mars Sites, 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.
You are solely responsible for any and all
duties, taxes, levies or fees (including any sales, use or withholding taxes)
imposed on or in connection with use of the Mars Site by any taxing authority.
13. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged
infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”),
including by removing or disabling access to material claimed to be the subject
of infringing activity.
If you have a good faith belief that your
work has been copied in a way that constitutes copyright infringement or that
your intellectual property rights otherwise have been violated on or through
the Linnaeus Group Sites, please send your claim or notice of infringement to
UK Copyright Agent (Marketing Team)
Friars Gate, 1011 Stratford Road, Shirley,
West Midlands, B90 4BN
Please do not send any other
correspondence or inquiries to our DMCA agent. Our DMCA agent will only respond
to notices and inquiries that comply with the requirements of the DMCA. Please
see http://www.copyright.gov/ for
These Terms, together with our Privacy Statement, contain the
entire understanding by and between Mars and you with respect to the
matters contained herein and there are no promises, covenants or
undertakings other than those expressly set forth herein.
These Terms (i) inure to the benefit of and will be binding
upon Mars’ and you and your successors and assigns, respectively, and
(ii) may be assigned by Mars but you may not assign them without the
prior express written consent of Mars.
If any provision of these Terms is or becomes unenforceable or
invalid, the remaining provisions will continue with the same effect as
if such unenforceable or invalid provision had not been inserted herein.
If Mars fails or you fail to perform any term hereof and the
other party does not enforce such term, the failure to enforce on any occasion
will not constitute a waiver of any term and will not prevent enforcement
on any other occasion.
Nothing contained in these Terms will be deemed to constitute
Mars or you as the agent or representative of the other or as joint
venturers or partners.
If Mars is or you are prevented from performing or unable to
perform any obligation under these Terms due to any cause beyond the
reasonable control of the party invoking this provision, the affected
party's performance will be extended for the period of delay or inability
to perform due to such occurrence.
The headings and captions contained herein are for convenience
These Terms and all related documentation will be drafted in
English. While certain text in these Terms may be made available in languages
other than English (whether translated by a person or solely by computer
software), the English language version controls.