Effective Date: March, 2023
By accessing or using the site (“Site”) owned, operated, controlled, maintained or otherwise administered by Platinum Performance Inc. (“Platinum”), you acknowledge that you have read and understood, and that you agree to be bound, without limitation or qualification, by these Terms of Use, as well as our Privacy Policy which is incorporated herein by reference. If you are not willing to be bound by these terms of use, you may not access the site.
These Terms of Use, together with our Privacy Policy and any Site specific terms or conditions, constitute the entire agreement between you and Platinum regarding the Site and supersede any and all other agreements, representations and understandings, whether written or oral. These Terms of Use may not be modified or amended by you without the prior written consent of Platinum. Platinum reserves the right to change the terms and conditions of this agreement, in whole or in part or to modify or discontinue the Products offered by Platinum at any time without notice to you. You should regularly review these terms of use for any modifications or amendment to these Terms of Use as your continued use of the site after a modification or amendment signifies your assent and agreement to these terms of use, as amended. If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable under present or future law, then you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable will be enforced to the extent permissible and shall be severable without affecting the enforceability of all remaining clauses or provisions, while still as fully as possible carrying out the intent of the original provision. Failure by Platinum to prosecute any right with respect to a default hereunder will not constitute a waiver by Platinum of the right to enforce rights with respect to the same or any other breach.
All contents of the Site, its design elements, trademarks, service marks, logos, text, graphics, audio, images, charts, audio clips, videos, data and compilations (collectively, the “Platinum Content”) are the property of Platinum, its affiliates, related companies or its licensors or partners unless otherwise noted, and are legally protected without limitation, under U.S. federal and state, as well as applicable non-US laws, regulations and treaties. Unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes “Platinum Content.” Platinum reserves the right to alter or delete material from the Site at any time.
If you (i) are at least 18 years of age and above the age of majority in the state in which you live, (ii) are an emancipated minor, or (iii) possess legal parental or guardian consent, you may choose to provide, make available to Platinum, or post on or upload to the Site, suggestions, comments, ideas, improvements, information, personal or other data, text, images, and other works of authorship (collectively, “Uploads”). Please note that if you are under 13, you are not permitted to provide any personal information via the Site including, but not limited to, Uploads.
If you provide Uploads, you grant to Platinum and Platinum’s affiliates, representatives, employees, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, non-exclusive license (sublicenseable through multiple tiers, and to third parties including to other users of the Site) to reproduce, publicly display, archive, distribute, adapt, modify, publish, edit, translate, prepare derivative works of and otherwise use your Uploads, in whole or in part, (including your name, likeness, age and gender) in any media now or hereafter known in any manner and for any purpose, including but not limited to, publication on the Site and any associated print or digital promotional materials related thereto, any other marketing and promotional materials and for the development of products or services. You agree that you are solely responsible for all your communications, materials and suggestions you transmit to, or post on, the Site.
You represent and warrant that: (a) you are above the age of majority in the state in which you live, an emancipated minor, or possess legal parental or guardian consent; (b) you own all rights in your Uploads or, alternatively, you have acquired all necessary rights in your Uploads to enable you to grant to Platinum the rights in your Uploads described herein; (c) your Uploads do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party; (e) your Uploads are lawful; (e) your Uploads are not harmful, such as virus, malware, or spam; (f) your Uploads are not disparaging, defamatory, or libelous of Platinum or any third party; (g) you will not seek the return of your Uploads; and (g) you will not assert any claims against Platinum or its affiliates, representatives, employees, or assigns in connection with your Uploads.
Platinum and its affiliates, representatives, employees, and assigns shall be free to use any ideas, concepts, know-how or techniques contained in your Uploads, for any purpose whatsoever, without time or territorial limitations, without your consent or compensation to you, including but not limited to, developing, manufacturing and marketing products, and you will gain no right, title or interest (including no joint ownership in the Site or any other materials) by virtue of doing so. As a further condition of providing Uploads you (and any other individual depicted therein) unconditionally and irrevocably waive all claims to compensation for use of the Uploads by Platinum and its affiliates, and their respective representatives, employees, or assigns and/or any right with respect to such use you may have under copyright law, the right of publicity, the right of privacy, the law of defamation and/or any other common law or statutory claims under the laws of any jurisdiction. You hereby waive any moral rights you may have in the Uploads, for all uses of the Uploads, throughout the world.
Subject to any applicable terms and conditions set forth in our Privacy Policy or elsewhere on the Site (for example, in terms and conditions that apply to any Upload), your Uploads are and will be deemed to be non-confidential and Platinum shall have no obligation of any kind with respect to such information.
Platinum reserves the right to cooperate fully with any law enforcement authorities requesting or directing Platinum to disclose the identity of anyone posting an upload or other information or materials.
Platinum grants you a limited, non-exclusive, non-transferable, non-assignable license to access and view the Site consistent with these Terms of Use and solely for your limited personal, non-commercial use. You may not distribute, modify, transmit, reuse, repost, publicly display, publicly perform, or create another work that incorporates any Platinum Content without the express written permission of Platinum. You must retain, without modification, all proprietary notices affixed to or contained in the Site. Except as otherwise expressly permitted by Platinum, any other use of the Platinum Content for any purpose is prohibited.
BY ACCESSING, VIEWING OR USING THE SITE YOU ACKNOWLEDGE THAT ANY UNAUTHORIZED USE OF PLATINUM CONTENT BY YOU MAY VIOLATE COPYRIGHT, TRADEMARK, PRIVACY AND/OR PUBLICITY LAWS AS WELL AS COMMUNICATION REGULATIONS AND STATUTES. YOU AGREE THAT PLATINUM WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OR MISUSE OF THE SITE.
Except as otherwise expressly permitted by Platinum, any other use of the Platinum Content or the Site is prohibited. Without limiting the generality of the foregoing, you may not sell, republish, license, redistribute, or otherwise use the Site except as allowed herein unless you have obtained Platinum’s express prior written consent. In addition, without Platinum’s express prior written consent, you may not, directly, indirectly, or through any program, device, software, routine, robot, spider, crawlers, or other automatic or manual process, interfere or attempt to interfere with the proper working of the Site; collect, scrape, or mine the contents of the Site; add any code or insert any hidden data or text to the Site; access or attempt to access any other areas of Platinum information systems or information contained thereon for any purpose; take any action that imposes an unreasonable or disproportionately large load on Platinum’s infrastructure; or mirror or redisplay the Site in its entirety or in part through framing or other techniques that show a portion of the Site or otherwise redisplay any Platinum trademark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site. Platinum may, in its discretion, revoke all rights to access the Site.
You are prohibited from using the Site in bad faith and in uploading, posting or otherwise transmitting any abusive, threatening, libelous, defamatory, offensive, objectionable, obscene, inflammatory, pornographic, fraudulent, deceptive, misleading, profane, or otherwise unlawful or inappropriate material, including but not limited to any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law, including the copyright, trademark or other intellectual property right of another.
Platinum may, from time to time, monitor, review, block or remove Uploads; however, Platinum is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any Uploads. Users shall be solely responsible and liable for any Uploads, any activity or transactions that occur under their name or account, and any infringement of copyright, trademarks, or other rights. Platinum is not required to host, display, or distribute any Uploads, and may, in its sole discretion, remove at any time or refuse any Uploads for any reason. Platinum is not responsible for any loss, theft or damage of any kind to any Uploads.
Platinum does not guarantee that the Site will be operating or accessible at any given time. You should expect that the Site will periodically be taken off-line for maintenance, content and design updates, and other alterations that may make it unavailable. Platinumm does not represent or warrant that the Site is compatible with your hardware or software applications or browsers.
The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Site, whether or not appearing in large print, italics or with the trademark symbol, are registered and unregistered trademarks of Platinum, its affiliates, related companies or its licensors or partners unless otherwise noted. In addition, all page headers, custom graphics, button icons and scripts may be Trademarks of Platinum and may not be copied, in whole or in part, without the prior written permission of Platinum. You acknowledge that the Trademarks used and displayed on the Site are and shall remain the sole property of Platinum or the Trademark owner. Nothing contained in the Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the express written permission of Platinum or the Trademark owner. Your misuse of the Trademarks on the Site and in its contents, except as provided in these Terms of Use, is prohibited.
Any and all Platinum Content and other works of authorship on the Site (collectively, the “Works”) are the copyrighted works of Platinum, its affiliates, related companies, or its licensors or partners, and are protected under U.S. and other copyright laws and treaty provisions. Other than the limited license to access and view the Platinum Content set forth in these Terms of Use, Platinum grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, public display, or public performance, without the prior written permission of Platinum, is prohibited. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. We take protection of copyrights, both of our own and others, very seriously. If you believe that the Site contains elements that infringe copyright in your work, please contact us at dmcanotice@zoetis.com.
Platinum respects your privacy. Please review our Privacy Policy so that you may understand the information we collect, our use of that information, how we protect that information, and the choices we offer you on how that information is used. As further described in the Privacy Policy, we may target our marketing and promotional messaging, in our discretion, depending on information we have about you. Consistent with the policy, you may not collect, distribute or gather personal or aggregate information, including Internet or e-mail addresses, about Platinum's customers or other users.
You may be able to create a user account or otherwise register with the Site. If you choose to do so, you must provide us with accurate, current, and complete information, and you agree to be responsible for any conduct using your account and to maintain the security of any user name and password. You may not create accounts or submit Uploads (defined herein) on behalf of anyone other than yourself.
Your use of the Site is solely at your own risk. Platinum uses reasonable efforts to include accurate and up to date information in the site; however, since information changes so quickly, platinum is unable to make any warranties or representations as to its accuracy.
PLATINUM ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.
In no event shall Platinum or any other party involved in creating, producing or delivering the Site be liable FOR ANYTHING arising out of your access to, use of or inability to access or use, the Site INCLUDING, BUT NOT LIMITED TO, any damages, including, without limitation, direct, incidental, consequential, indirect, special or punitive damages, or damages resulting from lost profits, lost data or business interruption. In no event shall Platinum’s maximum aggregate liability for action arising out of or connected to the site exceed ONE HUNDRED US dollars ($100.00).
These limitations include but are not limited damages to or viruses that may infect your computer equipment. Platinum does not guarantee or warrant that files that may be available for download from the Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
Without limiting the foregoing, everything on the Site is provided to you ‘AS IS’ without REPRESENTATIONS, warranties, OR COVENANTS of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose or use, non-infringement of the Site’s contents.
Any claim and action arising out of or in any way connected with the Site must be brought within one (1) year after such cause of action arose.
You acknowledge and agree that by using the internet to use the Site, you may incur charges from your wireless carrier, internet service provider or other method of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider or other method of internet access.
Some jurisdictions may not allow THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER ITEMS, AND SO some of the above exclusions may not apply to you.
The Site may contain information relating to various medical conditions and their treatment. The Site is not intended to be and should not be interpreted as a recommendation by Platinum or its licensors for a specific treatment plan, product or course of action. Nothing contained in the Site is intended to constitute professional veterinary advice by Platinum or its licensors for medical diagnosis or treatment or to advocate or recommend the purchase or selection of any product, service or to endorse or guarantee the qualifications, credentials or appropriateness of any healthcare provider. The Site is not a medical device or a medical program. You should consult with your healthcare provider regarding any medical condition. Use of the Site and/or the contents of the Site are not meant to substitute medical consultations with a qualified veterinarian.
Use of any portion of the Site is void where prohibited by law. Although the information on the Site is accessible worldwide, not all products or services that may be discussed in or on the Site are available to all persons or in all geographic locations or jurisdictions. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Platinum reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. You may not access the Site if you are a national or resident of any country to which the United States has embargoed goods, or if you or your affiliates are on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders. Any offer for any product or service made in the materials on the Site is void where prohibited.
You should only use the Site if it is legal for you to do so. By using the Site, you represent to us that you intend to do so lawfully. You agree to indemnify, defend and hold harmless Platinum, its affiliates, licensors, suppliers, agents, independent consultants, and their respective officers, directors, employees, and agents from any and all liabilities, claims, expenses and damages, including reasonable attorneys' fees and costs, arising out of or in any way related to your breach of your representations and warranties or any violation of the Terms of Use of this agreement, your use of the Site, products or the services, or in connection with your account or any other person's use or access to the Site through your account, with or without your permission, including without limitation any claims of libel, defamation, violation of rights of privacy or publicity, trespass, and infringement of intellectual or other proprietary rights.
These Terms of Use and your use of the Site and any information contained on the Site or Products and services provided by the Site as well as personal information you may provide to us via the Site shall be governed by the laws and regulations of the United States of America and the State of New Jersey without regard to its conflicts of laws principles. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States.
Platinum is an affiliate of Zoetis Inc., a global company, and the databases in which your personal information shall be stored may be located in the United States and other countries which may not guarantee the same level of protection for personal information as the one in which you reside. By using the Site, you consent to any transfer, processing or storing of personal information outside your country of residence.
Any legal action or proceeding related to the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
You may contact us by writing us at the address or email address listed below:
90 Thomas RoadOr
clients@platinumperformance.com
Please put “Client Services” in the subject line
PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
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