WELCOME TO THIS FURLONG WEBSITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND TERMS OF USE AND CHECK THE “I agree with these terms” CHECKBOX AT THE END TO ACCEPT. By browsing or using any Furlong Website (as defined below) you agree to comply with, and to be bound by, the following terms and conditions and terms of use as in effect from time to time (collectively, the “Terms”). If you disagree with any part of these Terms, please do not use this, or any other Furlong Website. We reserve the right to amend and/or terminate all or part of these Terms at any time, and from time to time, without notice. For the purposes of these Terms, “Furlong Website” means this website and each other website operated or sponsored by, or associated with, any one or more Furlong Parties (as defined below).
Please recognize that equine medicine is a rapidly developing field and that the Furlong Websites may not be updated as quickly as our veterinary practice treatment protocols. You hereby agree and confirm that we have no obligation to update the information contained in any Furlong Website.
THE FURLONG ONLINE VETERINARY SUPPLY AND THIS WEBSITE ARE RESERVED FOR THE CLIENTS OF BRENDAN W. FURLONG, MVB, EQUINE PRACTITIONER, P.A. AND/OR PEAK PERFORMANCE EQUINE SERVICES, LLC. We cannot responsibly offer pharmaceutical and other products without having obtained knowledge of your animal’s particular health needs. If you have never used our veterinary services, we would be happy to schedule a consultation with one of our veterinarians. Please do not hesitate to contact us at info@furlongshealthyhorse.comor (800)-837-1250.
YOU ARE RESPONSIBLE FOR THE PROPER AND RESPONSIBLE USE OF ALL PHARMACEUTICALS AND OTHER PRODUCTS OBTAINED FROM THIS WEBSITE. Administering pharmaceutical and other products offered in this website to any animal other than the animal for which our veterinarian wrote the prescription or recommended the product may injure or cause death to that animal.
Accordingly, YOU hereby agree:
(a) NOT to directly or indirectly administer any pharmaceutical or other product obtained from this website (or any Furlong Party) to any animal other than the animal for which our veterinarian wrote the prescription or recommended the product, nor use such product on any such other animal;
(b) NOT to sell, loan, give, or otherwise transfer any such pharmaceutical or other product to any other person for any purpose other than for administration to (or use on) the animal for which our veterinarian wrote the prescription or recommended the product; and
(c) NOT to order, and not directly or indirectly permit any other person to order, any pharmaceutical or other product for administration to (or use on) any animal other than the animal for which our veterinarian wrote the prescription or recommended the product.
YOU also hereby agree to:
(i) take all reasonable measures to prevent any such person from using your personal and/or account information to make any such order or to otherwise misuse this website;
(ii) use each pharmaceutical and other product obtained from this website (or any Furlong Party) in strict compliance with our veterinarians’ instructions and recommendations, and the applicable instructions accompanying such product; and
(iii) immediately contact us or another veterinarian if you have any questions or doubts regarding any use of any product obtained from this website (or any Furlong Party), or if you observe any adverse or unanticipated reaction by any animal to any pharmaceutical or other product ordered on this website.
(The foregoing restrictions will also apply to each other Furlong Website).
USER INFORMATION.
Each time you order any product on any Furlong Website, you hereby represent and warrant to us that: (a) all information you provide or have provided to us is true, complete and accurate in all material respects; and (b) you have at no time: (i) ordered (or taken any substantial steps to order) any pharmaceutical or other product for any animal other than the animal for which our veterinarian wrote the prescription or recommended the product; and/or (ii) knowingly misused (or allowed) the misuse of any such product. You assume sole responsibility for the accuracy, appropriateness and legality of all information you supply to any Furlong Website.
RETURNS
Pharmaceutical Products. Because our pharmaceuticals are part of a specific treatment plan for a specific animal, we cannot accept returns of pharmaceutical products for reuse or resale. However, if you feel we have made an error in filling the prescription, please contact us immediately so that we can resolve the matter.
Other Products. We cannot accept returns of over the counter non-prescription products. All sales are final.
PRICING AND OTHER INFORMATION, QUANTITY LIMITS.
While we make every reasonable effort to provide accurate product and pricing on this website, we are not fully immune from inadvertent typographical errors and mistakes. We cannot guarantee the price of an item until after you have ordered it. If an item appears on any Furlong Website with an incorrect price or with inaccurate product information, we reserve the right to cancel any orders of such item. If an order you placed is cancelled due to mispricing, we will notify you of the cancellation. Prices, availability and other product information are subject to change without notice.
We reserve the right to set quantity-per-order limits on any and all items sold on any Furlong Website. We may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card, and/or billing or shipping address.
DISCLAIMERS.
The Furlong Websites cannot, and do not, contain information about all equine medical conditions, and may not contain all the information applicable to your animal’s health. Furlong Website Content (as defined below) is not intended for diagnosis and should not be used as a substitute for consultation with your veterinarian. All Furlong Website Content is given solely for informational purposes and does not replace licensed professional veterinary care. An evaluation of an animal’s medical condition must be performed by a trained professional before any treatment is implemented.
ALL: (1) INFORMATION CONTAINED ON EACH FURLONG WEBSITE, OR LINKED THERETO, INCLUDING ANY INFORMATION RELATING TO ANY ONE OR MORE SERVICES OR PRODUCTS, WHETHER OR NOT SUCH INFORMATION IS PROVIDED BY ANY THIRD PARTY AND/OR BY ANY OTHER PERSON (ANY AND ALL SUCH INFORMATION, “CONTENT”); (2) SERVICES AND PRODUCTS OFFERED ON ANY FURLONG WEBSITE; ARE IN EACH CASE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR ANY OTHER WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY. EACH OF BRENDAN W. FURLONG, MVP, EQUINE PRACTITIONER, P.A, PEAK PERFORMANCE EQUINE SERVICES, LLC, EACH OF THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, SUPPLIERS, CONTRACTORS, CONSULTANTS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (EACH OF THE FOREGOING, A “FURLONG PARTY”) EXPRESSLY DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES, EXCEPT TO THE EXTENT OTHERWISE PROHIBITED BY APPLICABLE LAW.
NO FURLONG PARTY WARRANTS: (A) THAT ANY FURLONG WEBSITE CONTENT (WHETHER OR NOT PROVIDED BY ANY FURLONG PARTY, THIRD PARTY AND/OR BY ANY OTHER PERSON) IS ACCURATE, COMPLETE, RELIABLE AND/OR CURRENT; AND/OR (B) THAT ANY FURLONG WEBSITE WILL OPERATE WITHOUT ERROR, THAT ANY DEFECT(S) WILL BE CORRECTED AND/OR THAT ANY SUCH WEBSITE OR ANY SERVER MAKING IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO FURLONG PARTY WARRANTS THAT ANY INFORMATION, SERVICE AND/OR PRODUCT MENTIONED IN ANY FURLONG WEBSITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU MUST CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING OR INSTRUCTIONS, OR BY CONSULTING YOUR VETERINARIAN.
NO FURLONG PARTY WILL BE LIABLE FOR ANY ONE OR MORE: (1) TECHNICAL FAILURES (INCLUDING ANY HARDWARE OR SOFTWARE FAILURE(S)); (2) INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS; (3) TECHNICAL INACCURACIES; (4) UNAUTHORIZED ACCESSES OF USER TRANSMISSIONS BY THIRD PARTIES; AND/OR (5) DAMAGES TO YOUR COMPUTER EQUIPMENT, SOFTWARE AND/OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING ANY FURLONG WEBSITE AND/OR ANY DOWNLOADING OF ANY INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO AND/OR AUDIO THEREFROM, INCLUDING ANY DAMAGES CAUSED BY ANY ONE OR MORE VIRUSES. YOU HEREBY AGREE THAT EACH USE OF EACH FURLONG WEBSITE IS, AND WILL BE, AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY AND ALL EQUIPMENT YOU USE IN CONNECTION WITH ANY FURLONG WEBSITE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO ONE OR MORE FURLONG WEBSITES AND USE OF THEIR CONTENT, YOU HEREBY AGREE THAT:
(A) NO FURLONG PARTY (WHETHER OR NOT NEGLIGENT) IS LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY: (I) ONE OR MORE DECISIONS YOU MAY MAKE AND/OR FOR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE UPON SUCH CONTENT; (II) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES; AND/OR (III) DAMAGES FOR LOST DATA OR PROFITS, AND/OR RESULTING FROM ANY BUSINESS INTERRUPTION; IN EACH CASE EVEN IF SUCH FURLONG PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) THE AGGREGATE LIABILITY OF ALL FURLONG PARTIES ARISING FROM OR RELATED TO YOUR USE AND ACCESS OF ANY ONE OR MORE FURLONG WEBSITES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, AND/OR INFRINGEMENT), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM ANY FURLONG PARTY IN THE APPLICABLE TRANSACTION;
(C) IF YOU ARE DISSATISFIED WITH ANY FURLONG WEBSITE OR ITS CONTENT (INCLUDING THESE TERMS), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH WEBSITE; AND
(D) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, INCOME AND/OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND/OR CLAIMS BY THIRD PARTIES;
EXCEPT IN EACH CASE TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIABILITY IMITATIONS: (1) WILL NOT APPLY TO ACTS OF VETERINARY MEDICINE TO THE EXTENT PROHIBITED BY APPLICABLE LAW; AND (2) ARE NOT INTENDED TO LIMIT ANY MANUFACTURER’S WARRANTY APPLICABLE TO ANY PRODUCT OFFERED ON ANY FURLONG WEBSITE.
EACH FURLONG WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND/OR YOURSELF. WE (AND THE OTHER RELEVANT FURLONG PARTY/IES) ARE DISTRIBUTORS OF SUCH CONTENT AND NOT ITS PUBLISHER. OUR EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. NO FURLONG PARTY WILL HAVE ANY LIABILITY: (A) ARISING FROM ANY DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, OR INACCURACY APPEARING ON OR CONTAINED IN ANY INFORMATION TRANSMITTED OR POSTED ON ANY FURLONG WEBSITE (INCLUDING ANY CHAT ROOM(S) OR BULLETIN BOARD(S)); (B) FOR THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S COMPLIANCE WITH ANY LAW, RULE, REGULATION OR POLICY; AND/OR (C) FOR ANY FURLONG WEBSITE INFRINGEMENT UPON THE RIGHTS OF OTHERS. YOU HEREBY ACKNOWLEDGE AND CONFIRM THAT ANY UNAUTHORIZED USE OF SUCH CONTENT MAY VIOLATE APPLICABLE COPYRIGHT, TRADEMARK, PRIVACY, PUBLICITY AND/OR COMMUNICATIONS LAWS.
FURLONG WEBSITE USE.
When using any Furlong Website (including via e-mail or chat) you may not: (a) upload commercial content or use such site to solicit others to join or become members of any other commercial online service or other organization without our prior written consent in each instance; (b) engage in any harassment whatsoever; (c) use any obscene or abusive language; (d) impersonate others, (including any Furlong Party); and/or (e) upload to, post, distribute, publish or otherwise communicate any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, and/ or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. UNAUTHORIZED USE OF ANY FURLONG WEBSITE(S) MAY BE A CRIMINAL OFFENSE AND/OR GIVE RISE TO ONE OR MORE CLAIMS FOR DAMAGES. The applicable Furlong Party/ies may at their discretion monitor or review all discussions, chats, postings, and the like appearing one or more Furlong Websites, but are under no obligation to do so. Each Furlong Party reserves the right to block or remove without notice any material that it determines in its sole discretion to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark or; other intellectual property right of another; and/or (iv) offensive.
INDEMNIFICATION.
You hereby agree to pay, reimburse, defend, indemnify and hold harmless each Furlong Party (as defined above) from and against each claim, injury, damage, liability, loss and expense, whether or not from any third party claim (and including in each case reasonable attorneys= fees, costs and disbursements at all trial and appellate levels), incurred by each Furlong Party arising out of, based upon, resulting from, by reason of, or in connection with: (a) any use (whether or not negligent or wrongful) of any Furlong Website by you and/or by any other person ordering any Furlong Website product using your account and/or other personal information; and/or (b) any breach of these Terms by you (provided that we reserve in each case the right to assume at our sole expense the exclusive defense and control of any third party claim giving rise to indemnification under this indemnification provision).
CLAIM TIME BAR.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and/or any product or service obtained from any Furlong Website will be filed within one year after such claim or cause of action arose, or be forever barred.
YOUR COMMUNICATIONS.
Each communication, material, idea, suggestion, or submission you transmit or make available to any Furlong Website, including each note, drawing, concept, business proposal, or other information (each of the foregoing, “Communication”) will be deemed nonconfidential and nonproprietary (even if you mark them “confidential” or “proprietary”). Each such Communication will become our property and may be used for any purpose, commercial or otherwise, including reproduction, disclosure, publication, broadcast and posting. We reserve the right to use any ideas, concepts, know-how, or techniques contained in any Communication you send to any Furlong Website for any purpose whatsoever, including developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to you.
LINKED SITES.
A Furlong Website may link to one or more websites operated by others (each a “Linked Site”). We have no control over these Linked Sites, which have separate privacy and data collection practices. All Linked Sites are for your convenience only, and you access them at your own risk. No Furlong Party warrants that it has any knowledge of, and each Furlong Party disclaims all responsibility for, the content, appropriateness, availability, and/or accuracy of information found on any Linked Site and/or any Linked Site’s compliance with any law. No Furlong Party can ensure satisfaction with, or endorse, any of the content, products, services, or merchandise available on any Linked Site, and no Furlong Party makes any representation or warranty as to the security of any information (including credit card and other personal information) you might be requested to give any third party. You hereby irrevocably waive all claims against any one or more Furlong Parties relating to any one or more Linked Sites.
COPYRIGHT, TRADEMARKS, ETC.
The entire content included in each Furlong Website, including text, images, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the sole property of Brendan W. Furlong, MVP, Equine Practitioner, P.A. and/or the applicable Furlong Party/ies (as defined above). Copyright 2012, Brendan W. Furlong, MVP, Equine Practitioner, P.A. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of any Furlong Website solely for non-commercial private use, or for the sole purpose of ordering products or services from the applicable Furlong Party. Any other use, including the reproduction, publication, distribution, display or transmission of the content of any Furlong Website is strictly prohibited, unless authorized by the applicable Furlong Party/ies.
All trademarks, logos, and service marks (collectively the “Trademarks”) displayed on any Furlong Website are registered and unregistered Trademarks of the applicable Furlong Parties and other persons. Nothing contained on any Furlong Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of its owner.
You hereby agree not to: (a) use any Trademark, except as expressly permitted by these Terms; (b) change or delete any proprietary notices from materials downloaded from any Furlong Website; (c) mirror any material contained on any Furlong Website on any other server; and/or (d) decompile or reverse engineer any software contained on any Furlong Website.
SEVERABILITY, WAIVER.
If any part of these Terms is ruled to be unenforceable, then such part will be eliminated or limited to the minimum extent necessary, and the remainder of these Terms, including any revised portion, will remain and be in full force and effect. The failure of any Furlong Party to exercise or enforce any provision of these Terms will not constitute a waiver of such provision. Neither any course of conduct nor any trade practice between you and any Furlong Party will act to modify any of these Terms. YOU HEREBY IRREVOCABLY WAIVE ANY ONE OR MORE RIGHTS THAT YOU MAY HAVE THAT ARE INCONSISTENT WITH THESE TERMS, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW.
APPLICABLE LAW, VENUE, INTERPRETATION.
Each claim of whatever nature (including based on fraud, negligent misrepresentation, any other tort and/or on any statute) arising out of, based upon, resulting from, by reason of, or in connection with these Terms, will be governed by the laws of the State of New Jersey.
Any suit, action or other legal proceeding relating to this website will be exclusively in the state or federal court located in (or nearest to) Hunterdon County, New Jersey. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Words in these Terms in the singular or plural include the singular and plural, and pronouns herein stated in either the masculine, the feminine or neuter gender will include the masculine, feminine and neuter, and the terms “including,” “includes,” “includes” and/or “included” herein will be deemed to be followed by the phrase “without limitation,” the word “person” will include any type of corporation, company, partnership, trust or other entity; and “day,” week,” “month,” “quarter,” and “year,” will respectively mean calendar day, calendar month, calendar quarter and calendar year (in each case unless otherwise specified in these Terms).
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PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the following privacy policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by applicable law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to clients information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
As a general policy, no personal information is automatically collected from users of furlongshealthyhorse.com. However, certain non-personal information may be recorded by the standard operation of this Site, for the purposes of aggregate statistical analysis and site customization.
