GENERAL TERMS OF USE FOR THE "ENPEVET" WEBSITE (PET OWNERS AND OTHER USERS EXCEPT VETERINARIANS)

1. GENERAL INFORMATION AND IDENTIFICATION OF PROVIDER

1.1 The "enpevet" website ("enpevet") shall be used solely in accordance with the present General Terms of Use. This also applies to any use of enpevet from a location outside the Federal Republic of Germany. The general business conditions of User shall not apply.

1.2 Prior to using enpevet, Users must expressly accept these General Terms of Use, unless the use of certain registration-free features has already been deemed agreed to in accordance with sec. 2.4. Barring acceptance of these General Terms of Use, any use of the website is prohibited.

1.3 The provider of the enpevet website is the following company:

enpevet GmbH ("Provider"),

registered in the Commercial Register of the Local Court of Hamburg, Germany under register no. HRB 113171,

represented by its Managing Director Tanja Plambeck,

Baudirektor-Hahn-Str. 20 in 27472 Cuxhaven, Germany,

TEL: +49 (0)4721 - 6677-245

FAX: +49 (0)4721 - 6677-249

E-mail: info(at)enpevet.de

VAT ID no. pursuant to § 27a of the German Value Added Tax Act: DE117483138

1.4 In the following, User and Provider are also referred to jointly as the "Parties".

2. BRIEF DESCRIPTION AND SCOPE OF SERVICES

2.1 The enpevet website offers Users many features, a number of which Provider has opted to offer on a registration-free basis, while others are only made available following registration.

2.2 After registration in accordance with sec. 3, the enpevet website enables User to set up health records for his pets and manage these records online. Furthermore, enpevet makes information on illnesses and treatment options for certain animals as well as general veterinary topics available to User on a non-binding basis. However, this information cannot and shall not substitute for a consultation, examination, diagnosis, or therapy by a veterinarian. Provider expressly prohibits any such use in violation of these provisions. The content supplied by Provider is merely intended for the non-binding and general information of User in order to supplement and promote a dialog between User and the veterinarian. The content of enpevet cannot and shall not be used for establishing independent diagnoses or for selecting and using treatment methods. In any case, User must obtain the advice of a veterinarian in advance. In particular, Provider makes no remote diagnoses or recommendations as to therapy for the specific case. Provider requests that all Users whose pets have health problems always call on a veterinarian when necessary. Provider expressly advises User to consult a veterinarian he trusts if User has questions regarding the health of his pets instead of beginning, altering, or discontinuing treat-ment on his own.

2.3 For Users, enpevet has the registration-based features described below, which Provider makes available at its own discretion and may alter, modify, or discontinue from time to time:

Dictionary of animal diseases: Provider makes available to User a dictionary of animal diseases for his general information. This dictionary covers a selection of animal diseases and makes no claim to being complete.
Health records for pets: User can set up health records for pets selected by him. Here, User can store certain master data concerning the respective pet and data regarding illnesses, treatments, vaccinations, and examinations for his pets and can manage this data online. User can transfer health records set up by him to other registered users of the enpevet website, for example, if User has sold or given away the pet in question.
Health records for pets: On the enpevet website, User can send information about his registered pets to a veterinarian of his choice or enable the veterinarian to call up this information. Once User has activated this feature, the respective veterinarian receives (via his own practice-management software, if applicable) access to the information supplied for certain pets of User, as well as User’s contact data that was saved at the time of registration pursuant to sec. 3. The veterinarian can then update and add to the respective data saved by User on enpevet concerning individual pets for which this feature was activated. User may activate or terminate this feature at any time.

2.4 Even without registration, users can use certain features of the enpevet website that Provider makes available at its own discretion and may modify, supplement, restrict, or discontinue same from time to time; however, User shall not be entitled to any rights as a result thereof. The use of these features by User constitutes agreement with these General Terms of Use. In particular, Provider currently offers the "Missing!" feature on a registration-free basis. Here, any user whose pet is missing can compose a personalized lost pet poster that can be viewed by all other users and visitors of the website "www.enpevet.de" and contains information about the missing pet as well as personal data about the respective owner to enable other users to contact them. This increases the chances that missing pets will be reassigned and returned to their owners as soon as possible. Furthermore, "Missing!" also makes it possible to report stray pets or animals that have been spotted and are assumed to be strays so that the owner of the missing pet can locate it. Entries in the lost pet posters and found pet notices must be protected by the User by means of a personally selected password in order to prevent unauthorized access and misuse. User is required to keep his password strictly confidential for his own benefit and not to disclose the password to any unauthorized third parties. User himself is responsible for any misuse of his password; Provider assumes no liability in this respect. Furthermore, Users can regularly obtain information by way of e-mail reports concerning lost and found pets via the "InfoService Newsletter" if they subscribe to this service by entering an e-mail address and all other necessary information on the enpevet website. User may unsubscribe from the InfoService Newsletter on the website at any time.

2.5 User himself is responsible for maintaining the technical equipment necessary for using enpevet and establishing the Internet connection required for same.

3. REGISTRATION; USAGE AGREEMENT

3.1 The use of the features of enpevet referred to in sec. 2.2 and sec. 2.3 requires setting up a user-specific account, which requires registration in accordance with the present sec. 3. After registration, an e-mail containing a confirmation link shall be sent to User at the e-mail address indicated by him at the time of registration. User must click on this link in order to activate the User-specific account for enpevet. If User fails to click on this link within two weeks, the registration process shall be terminated by Provider and all User data entered shall be deleted immediately. Once Provider has activated the User-specific account, a corresponding usage agreement shall be formed in accordance with the present enpevet General Terms of Use.

3.2 A prerequisite of registration is that User must answer accurately and completely all questions asked by Provider on the respective registration form. User has no legal right to registration. Provider has the right to refuse registration without stating the reasons for refusal.

3.3 User agrees to protect any access data supplied by Provider at the time of registration or selected by User himself from use or misuse by third parties and from loss. User alone is responsible for any misuse. After setting up his account in accordance with this sec. 3, User must log in using the respective access data prior to each use of the enpevet website.

3.4 The use of the registration-based and registration-free features of enpevet is free of charge for User. However, User himself bears all other costs that may be necessary for using the enpevet website (e.g., Internet costs).

4. RIGHTS OF USE

4.1 Both the content made available by Provider in connection with the enpevet website and the website itself are generally protected as creative works under copyright law.

4.2 User may only use and reproduce the content of enpevet for personal, non-commercial purposes. User is not permitted to disclose such content to any third party without Provider’s express consent, unless the disclosure is closely associated with the intended use of enpevet (e.g., disclosing the content in the form of a printout or copy to a veterinarian, disclosing the content to a veterinarian via the supplied features of enpevet; transferring a record to another registered user of enpevet, etc.). In this case, however, disclosure and reproduction are only permitted if (i) the content is not altered or distorted, (ii) the disclosure is made free of charge, and (iii) any and all reproductions make explicit reference to Provider’s authorship (source citation).

5. WARRANTY

5.1 Provider makes no warranty that the content of enpevet will fulfil User’s expectations or that, by using such content, User will achieve any particular objective pursued by him. Furthermore, no binding consulting agreement or agreement on the provision of information shall be formed between User and Provider through the use of such content. Provider merely offers User the use of the enpevet website in its respective form and with its respective features. In particular, Provider does not give any advice, recommendation, or request concerning the purchase and use of medications, active substances, or other veterinary drugs or diagnostic or therapeutic procedures for animals.

5.2 The information available to User when using the enpevet website shall be compiled carefully by Provider in accordance with the current state of scientific knowledge and veterinary science. However, it is important to note that the knowledge of medicine is always subject to change as a result of scientific research and developments in scientific practice. User acknowledges that his use of enpevet does not substitute for an examination and treatment by a veterinarian but merely provides basic information. In every instance, User must verify this information by contacting a veterinarian. In particular, User is not permitted to use the information to determine a treatment or medication for the respective animal without consulting a veterinarian. Provider expressly warns User of the risks of such conduct. Provider gives no veterinary advice, recommendations as to treatment, or other recommendations and does not engage in veterinary consulting of any kind. Provider makes no warranty as to the accuracy, completeness, correctness, currentness, quality, or freedom from error of the content and information supplied in connection with enpevet. Thus, no warranties of any kind are made in this regard.

5.3 User uses enpevet at his own risk. User himself is responsible for supplying and maintaining the technical systems required for access to and use of enpevet by User.

5.4 Provider shall strive to enable the uninterrupted use of the enpevet website where possible. However, despite the best efforts of Provider, malfunctions cannot be ruled out. Provider shall exercise due caution in correcting malfunctions as quickly as possible so as to once again be able to ensure the availability of enpevet. However, User shall not be entitled to any claims as a result of such malfunction.

6. LIABILITY

6.1 User shall use the enpevet website at his own risk. In particular, the available information and content (as described in detail in sec. 2 and sec. 4.2) are non-binding and do not substitute for the advice of a veterinarian. Accordingly, Provider is not liable for any direct or indirect losses that User may incur through any use of content and information on the enpevet website that disregards this provision.

6.2 Where sec. 6.1 and sec. 5 or statutory provisions do not preclude liability of Provider for losses incurred by User in connection with the use of the enpevet website, the following rules on liability shall apply:

(a) Regardless of legal ground, Provider shall only be liable to User

(i) in the event of wrongful intent;

(ii) in the event of gross negligence on the part of the board members, executives, and agents and assistants;

(iii) in the event of negligent injury to life, limb, or health;

(iv) where ordinary negligence results in a breach of material contractual duties that are characteristic of the agreement (Kardinalpflichten);

(v) where facts have been maliciously withheld from User; and

(vi) where Provider has made an express warranty or representation to User.

(b) Where ordinary negligence results in a breach of material contractual duties as re-ferred to in sec. 6.2(a)(iv) above, Provider is only required to compensate User for losses typically foreseeable at the time of entry into the usage agreement.

(c) If a loss is attributable to a fault of Provider as well as to a fault of User, then User must allow his contributory negligence to be taken into account.

6.3 Any other liability on the part of Provider, including but not limited to liability without regard to fault, is excluded. By way of clarification, Provider shall not be liable for losses caused by force majeure.

6.4 The provisions of this sec. 6 shall be without prejudice to any potential liability of Provider under the German Product Liability Act.

6.5 The liability exclusions and/or restrictions referred to in this sec. 6 shall apply in like fashion to claims brought against affiliates of Provider.

7. VIOLATIONS BY USER; RELEASE

User shall release and discharge Provider from any and all losses and other costs incurred by Provider because of the violation of these General Terms of Use or any provisions of law in connection with the use of the enpevet website by User. This applies, in particular, to any unauthorized use of legally protected content by User and to claims to damages based on same that may be brought by third parties against Provider. This release also applies to the necessary costs of the legal defence, including but not limited to court and attorney’s fees, unless User is not at fault for the violation.

8. AMENDMENT OF THE GENERAL TERMS OF USE

8.1 Provider has the right to amend prospectively the General Terms of Use with respect to User at any time.

8.2 Provider will notify users who have registered in a timely manner pursuant to sec. 3 of this Agreement as to its intent to amend the General Terms of Use by sending him an e-mail at the last e-mail indicated to Provider. The respective amendment shall take effect, provided that the respective User fails to object to it in writing within two weeks. Timely dispatch of the objection shall be controlling for purposes of determining compliance with this two-week period.

8.3 If User objects to the amendment within the two-week period, then Provider is entitled to terminate the contractual relationship in its entirety, effective immediately, by giving User notice to this effect. However, User shall not be entitled to any claims against Provider as a result of this termination. If the contractual relationship is continued after a valid objection from User, then the General Terms of Use shall remain in effect in their prior form.

9. TERM OF USAGE AGREEMENTS; TERMINATION

9.1 Following registration, User may normally use the registration-based features of the enpevet website on a permanent basis. User may terminate the corresponding usage agreement at any time by deleting his User-specific account, while Provider may terminate the agreement at any time without observing a notice period by informing User of the termination in text form (e.g., e-mail). Provider makes the registration-free features of the enpevet website available at its own discretion and may discontinue, modify, expand, restrict, or otherwise alter same without giving User notice of termination or other notification.

9.2 The foregoing shall be without prejudice to either party’s right to terminate the usage agreement for good cause. The instances in which Provider may terminate a usage agreement, in whole or in part, for good cause include but are not limited to the following: (i) User made false or incomplete statements at the time of registration, (ii) registration requirements cease to be satisfied at some point after registration, or (iii) User materially or repeatedly breaches the provisions of these General Terms of Use as amended from time to time.

10. DATA PROTECTION; DATA SECURITY

10.1 Provider agrees to comply with legal provisions relating to the protection of personal data. Provider shall only collect and process data that is indispensable for purposes of the registration specified in sec. 3 and for operating, using, and further developing the enpevet website and/or data that User himself supplied when using same. After User has deleted the account or after termination of the respective usage agreement by User or Provider, the User-specific personal data and the data that User has stored with Provider on the enpevet website shall be deleted within a reasonable time. User hereby states that he consents to this use of data, which may be revoked prospectively at any time. If User prospectively revokes his consent to the collection and processing of data by Provider, User may be unable to continue using enpevet with all of its features.

10.2 With respect to the access data that User must enter as part of the log-in process prior to each use of enpevet, Provider shall enable User to store this data via so-called “cookies” on the respective computer of User in order to facilitate this process. By using this feature, User indicates his agreement with the placement of such cookies on his computer. User may prevent the cookies from being installed on his computer by configuring his Internet browser appropriately or may delete this cookie at any time. However, Provider expressly states that, in this case, User cannot log in automatically without re-entering his access data, and consequently, he must manually enter this access data prior to re-using enpevet.

10.3 If User activates the feature for exchanging certain information with a veterinarian of his choice, then User’s contact data and the data stored on the enpevet website for pets selected by User will be transmitted to that veterinarian. User expressly states that, by activating and using this feature, or upon access by the veterinarian to this data, User consents to the transmission of such data to the veterinarian. User may terminate this feature at any time or restrict it with respect to the pets affected hereby such that no further data of this sort is transmitted to and/or can subsequently be viewed by the veterinarian. Provider expressly states that Provider cannot delete or otherwise process data once it has been stored by the veterinarian. User himself is required to bring any claim for deletion against the respective veterinarian.

10.4 If User transfers a health record set up by him for a particular pet to another registered user of his choice of the enpevet website, then only User’s name and the information stored in the corresponding health record shall be transmitted to the selected recipient. In any case, User states that, by using this feature, he consents to such transmission.

10.5 Subject to legal duties of disclosure and the provisions of sec. 10.3 and sec. 10.4, no personal data shall be disclosed in a non-anonymized or non-pseudonymized form to any third party except for data that Provider has integrated into the performance of its own contractual obligations. User hereby expressly states that he consents to the disclosure of personal data to such third parties insofar as this is required for the performance of Provider’s contractual obligations.

10.6 This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics utilizes so-called "cookies", which are text files that are stored on your computer and make it possible to analyze your use of the website. The information generated by the cookie regarding your use of this website (including your IP address) shall be transferred to one of Google’s servers in the USA and stored there. Google shall use this information to analyze your use of the website, to compose reports regarding website activities for the website operators, and to provide additional services related to the use of the website and the Internet. Where necessary, Google shall also transfer this information to third parties, provided that this is required by law or that third parties process this data at the direction of Google. In no case shall Google associate your IP address with other data of Google. You can prevent the cookies from being installed by configuring your browser software appropriately. However, we expressly state that, in this case, you may not be able to fully use all of the features on this website. By using this website, you indicate your agreement with the processing of the data collected regarding you by Google as described above and for the aforementioned purpose.

11. NOTICE CONCERNING REVOCATION

11.1 Right of revocation

You may revoke your acceptance of this Agreement in text form (e.g., letter, fax, or e-mail) within 14 days without stating the reason for your revocation. The 14-day period begins upon receipt of the present notice in text form, but not before entry into the Agreement or before the fulfilment of our duties to provide information pursuant to Art. 246 sec. 2 in conjunction with sec. 1 (1) and (2) of the Introductory Laws of the German Civil Code (EGBGB) and our duties under sec. 312g (1) sentence 1 of the German Civil Code (BGB) in conjunction with Art. 246 sec. 3 EGBGB. The timely dispatch of the revocation shall suffice for purposes of complying with the revocation period. The revocation must be sent to: enpevet GmbH, Baudirektor-Hahn-Str. 20 in 27472 Cuxhaven (Germany), fax: +49 (0)4721 - 6677-249, e-mail: info(at)enpevet.de.

11.2 Consequences of revocation

In the event of a valid revocation, all deliverables received by both Parties must be returned, and any benefits accrued (e.g., interest) must be surrendered. If you cannot return or surrender, respectively, the received deliverable and benefits (e.g., benefits of use) in whole or in part or can only return or surrender, respectively, it in an impaired condition, you must compensate us for the respective value. This may mean that you nevertheless must fulfil your contractual payment obligations for the period of time until the revocation. Obligations to refund payments must be fulfilled within 30 days. For you, the period in which to refund payments begins as soon as you dispatch your statement of revocation; for us, the period beings upon receipt of same.

11.3 Special notices

Your right of revocation shall lapse prematurely if, at your express request, the Agreement was performed in full by both Parties before you exercised your right of revocation.

END OF NOTICE CONCERNING REVOCATION.

12. CONCLUDING PROVISIONS

12.1 This Agreement, including all usage agreements relating to the enpevet website and all claims arising from or in connection with this Agreement, shall be subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), and shall be interpreted and enforced in accordance with German law.

12.2 The place of performance is Hamburg, Germany.

12.3 In business transactions with merchants, legal entities under public law, special funds under public law, or Users not subject to general jurisdiction in Germany, the place of jurisdiction for actions associated with the usage relationship between the Parties shall be Hamburg (agreement on jurisdiction). Nevertheless, at Provider’s option, User may also be sued in any other court having jurisdiction over him. The foregoing provisions shall be without prejudice to any exclusive jurisdiction.

12.4 User may only offset claims of Provider with uncontested or legally enforceable claims.

12.5 The headings used in these General Terms of Use are only intended as a guide and are not to be taken into consideration for purposes of interpreting this Agreement, including any and all associated usage agreements.

12.6 No oral collateral agreements have been made. Any and all amendments or additions to these General Terms of Use must be made in a signed writing in order to be valid. This also applies to the deletion or amendment of the present writing requirement.

12.7 Provider is entitled to engage the services of third parties for purposes of fulfilling its obligations.

12.8 If any provision of these General Terms of Use should be invalid, unenforceable, or unfeasible now or in the future, this shall not affect the validity of the remaining provisions hereof. Instead, the Parties agree, effective immediately, to replace the invalid, unenforceable, or unfeasible provision with a valid provision that, to the extent permitted by law, approximates their economic intent in accordance with the spirit and purpose of the invalid, unenforceable, or unfeasible provision. The same applies to any matters on which these General Terms of Use are silent.

12.9 This English version of the General Terms of Use is a convenience translation of the parallel German version solely and shall not have any legal force whatsoever. The sole binding language of this Agreement shall be German and the German version shall prevail in the event of conflicts or contradictions between both versions. The German version of these General Terms of Use is also available and accessible on Provider's website.

GENERAL TERMS OF USE FOR THE 'ENPEVET' WEBSITE IN THE VERSION FOR VETERINARIANS

1. GENERAL INFORMATION

1.1 The "enpevet" website in the version for veterinarians ("enpevet") shall be used solely in accordance with the present General Terms of Use. This also applies to any use of enpevet from a location outside the Federal Republic of Germany. The general business conditions of Veterinarian as a user shall not apply.

1.2 The enpevet website in the version for veterinarians may only be used by licensed veterinarians (hereinafter called "Veterinarian" and/or "User") pursuant to these General Terms of Use.

1.3 Prior to using enpevet, Veterinarians must expressly accept these General Terms of Use, unless the use of certain registration-free features has already been deemed agreed to in accordance with sec. 2.3. Barring acceptance of these General Terms of Use, any use of enpevet is prohibited.

1.4 The provider of enpenet is the following company:

enpevet GmbH ("Provider"),

registered in the Commercial Register of the Local Court of Hamburg, Germany under register no. HRB 113171,

represented by its Managing Director Tanja Plambeck,

Baudirektor-Hahn-Str. 20 in 27472 Cuxhaven, Germany,

TEL: +49 (0)4721 - 6677-245

FAX: +49 (0)4721 - 6677-249

E-mail: info(at)enpevet.de

VAT ID no. pursuant to § 27a of the German Value Added Tax Act: DE117483138

1.5 In the following, User and Provider are also referred to jointly as the "Parties".

2. BRIEF DESCRIPTION AND SCOPE OF SERVICES

2.1 The enpevet website offers Users many features, a number of which Provider has opted to offer on a registration-free basis, while others are only made available following registration.

2.2 Provider offers the enpevet website in two different versions that complement each other; one version addresses pet owners as users, while the other addresses Veterinarians as users:

(a) The Version of the enpevet website for Pet Owners, which is not the subject of the present General Terms of Use, enables registered users to set up health records for their pets. Here, registered users can store certain master data concerning the respective pet and data regarding illnesses, treatments, vaccinations, and examinations for their pets and can manage this data online. Furthermore, the enpevet website in the Version for Pet Owners makes information on illnesses and treatment options for certain animals as well as general veterinary topics available to registered users on a non-binding basis (e.g., by means of an integrated dictionary of animal diseases). This information is aimed at supplementing and promoting a dialog between the pet owner and Veterinarian but is not intended as a substitute for a consultation, examination, diagnosis, or therapy by a veterinarian or, in particular, for self-treatment or similar purposes.

(b) Registered users of the version for pet owners may also activate health records set up by them for particular Veterinarians whom they have selected and who have registered in accordance with sec. 3 and treat the pets in question. By using the Version of the enpevet website for Veterinarians, which is the subject of the present General Terms of Use, the respective Veterinarian can then access all the records that have been activated for them by pet owners and can update, add to, and edit these records as needed and/or by agreement with the respective pet owner. This enables Veterinarian and the pet owner to exchange in a simple and swift manner treatment-related and other data concerning pets undergoing treatment by the respective Veterinarian. Provider expressly states that the pet owner may activate or terminate this feature at any time by using the version for pet owners. Moreover, the Version for Veterinarians also offers Veterinarians who have registered in accordance with sec. 3 access to the integrated dictionary of animal diseases, which nonetheless only contains general and non-binding information. Veterinarian shall not use this information for purposes of making treatment decisions, recommendations, or the like without independently reviewing and verifying this information in advance.

2.3 Furthermore, both versions of the enpevet website include a variety of registration-free features that Provider makes available at its own discretion and may modify, supplement, restrict, or discontinue same from time to time. The use of these features by User constitutes agreement with these General Terms of Use. In particular, Provider currently offers the "Missing!" feature on a registration-free basis. Here, any user of the enpevet website whose pet is missing can compose a personalized lost pet poster that can be viewed by all other users and visitors of the "enpevet.de" website and contains information about the missing pet as well as personal data about the respective owner to enable other users to contact them. This increases the chances that missing pets will be reassigned and returned to their owners as soon as possible. Furthermore, "Missing!" also makes it possible to report stray pets or animals that have been spotted and are assumed to be strays so that the owner of the missing pet can locate it. Entries in the lost pet posters and found pet notices must be protected by the respective user by means of a personally selected password in order to prevent unauthorized access and mis-use. user is required to keep his password strictly confidential for his own benefit and not to disclose the password to any unauthorized third parties. User himself is responsible for any misuse of his password; Provider assumes no liability in this respect. Furthermore, users can regularly obtain information by way of e-mail reports concerning lost and found pets via the "InfoService Newsletter" if they subscribe to this service by entering an e-mail address and all other necessary information on the enpevet website. Users may unsubscribe from the InfoService Newsletter on the website at any time.

2.4 Provider reserves the right to change or modify the (registration-based and registration-free) features of enpevet from time to time at its own discretion and to restrict or discontinue the website in its entirety. However, this shall not entitle Veterinarian to any claim against Provider as a registered user as a result hereof.

2.5 Veterinarian himself is responsible for maintaining the technical equipment necessary for using enpevet and establishing the Internet connection required for same.

3. REGISTRATION; USAGE AGREEMENT

3.1 The use of registration-based features of enpevet (see sec. 2.2) requires a registration of Veterinarian in accordance with the following provisions. After registration, an e-mail containing a confirmation link shall be sent to Veterinarian at the e-mail address indicated by him at the time of registration. Veterinarian must click on this link in order to activate the User-specific account for enpevet. If Veterinarian fails to click on this link within two weeks, the registration process shall be terminated by Provider and all registration data entered shall be deleted immediately. Once Provider has activated the User-specific account, a corresponding usage agreement shall be formed in this regard in accordance with the present enpevet General Terms of Use.

3.2 Registration requires Veterinarian to answer accurately and completely all questions asked by Provider on the registration form and to indicate a personally selected password on same. Registration is only permitted for licensed veterinarians. Provider shall use suitable means (e.g., comparison with publicly available information) to verify the corresponding information of Veterinarian for purposes of registration. Veterinarian has no legal right to registration. Provider has the right to refuse registration without stating the reasons for refusal.

3.3 Veterinarian agrees to protect any access data supplied by Provider at the time of registration or selected by Veterinarian himself from use or misuse by third parties and from loss. Veterinarian alone is responsible for any misuse. After setting up his account in accordance with this sec. 3, Veterinarian must log in using the respective access data prior to each use of enpevet.

4. COSTS OF USE

4.1 Veterinarian may use enpevet, along with all (registration-based and registration-free) features made available by Provider, free of charge.

4.2 Provider shall bear the costs of making enpevet available on the Internet with the features supplied at Provider’s discretion, while Veterinarian shall bear the costs of requesting the content and using enpevet via the Internet.

5. RIGHTS OF USE

5.1 Both the content made available by Provider in connection with the enpevet website and the website itself are generally protected as creative works under copyright law.

5.2 Veterinarian may only use and reproduce the content of enpevet for his own professional purposes in the course of his practice. Veterinarian is not permitted to disclose such content to any third party without Provider’s express consent, unless the disclosure is closely associated with the intended use of the enpevet website in the Version for Veterinarians (e.g., providing a hard copy to customers, etc.). In this case, however, disclosure and reproduction are only permitted if (i) the content is not altered or distorted, (ii) the disclosure is made free of charge, and (iii) any and all reproductions make explicit reference to Provider’s authorship (source citation).

6. WARRANTY

6.1 Provider makes no warranty that the content of enpevet will fulfil Veterinarian’s expectations or that, by using such content, Veterinarian will achieve any particular objective pursued by him. Furthermore, no binding consulting agreement or agreement on the provision of information shall be formed between Veterinarian and Provider through the use of such content. Provider merely offers Veterinarian the use of the enpevet website in the Version for Veterinarians with the respective features. In particular, Provider does not give any advice, recommendation, or request concerning the purchase and use of medications, active substances, or other veterinary drugs or diagnostic or therapeutic procedures for animals.

6.2 The information available to Veterinarian when using enpevet shall be compiled carefully by Provider in accordance with the current state of scientific knowledge and veterinary science. However, it is important to note that the knowledge of medicine is always subject to change as a result of scientific research and developments in scientific practice. Veterinarian acknowledges that his use of enpevet does not substitute for an independent examination and treatment by a veterinarian but merely provides basic information. In particular, Veterinarian is not permitted to use the information to determine a treatment or medication for the respective animal without conducting an independent review. Provider expressly warns Veterinarian of the risks of such conduct. Provider gives no veterinary advice, recommendations as to treatment, or other recommendations and does not engage in veterinary consulting of any kind. Provider makes no warranty as to the accuracy, completeness, correctness, currentness, quality, or freedom from error of the content and information supplied in connection with enpevet. Thus, no warranties of any kind are made in this regard.

6.3 Veterinarian uses enpevet at his own risk. Veterinarian himself is responsible for supplying and maintaining the technical systems required for accessing and using enpevet.

6.4 Provider shall strive to enable the uninterrupted use of enpevet where possible. However, despite the best efforts of Provider, malfunctions cannot be ruled out. Provider shall exercise due caution in correcting malfunctions as quickly as possible so as to once again be able to ensure the availability of enpevet. However, Veterinarian shall not be entitled to any claims as a result of such malfunction.

7. LIABILITY

7.1 Veterinarian shall use enpevet at his own risk. Provider expressly states that the available information and content (as described in detail in sec. 2 and sec. 6) are non-binding and do not substitute for independent advice on the part of Veterinarian. Accordingly, Provider is not liable for any direct or indirect losses that Veterinarian may incur through any use of content and information of enpevet that disregards this provision.

7.2 Where sec. 7.1, sec. 6 and statutory provisions do not preclude liability of Provider for losses incurred by Veterinarian in connection with the use of enpevet, the following rules on liability shall apply:

(a) Regardless of legal ground, Provider shall only be liable to Veterinarian

(i) in the event of wrongful intent;

(ii) in the event of gross negligence on the part of the board members, executives, and agents and assistants;

(iii) in the event of negligent injury to life, limb, or health;

(iv) where ordinary negligence results in a breach of material contractual duties that are characteristic of the agreement (Kardinalpflichten);

(v) where facts have been maliciously withheld from Veterinarian; and

(vi) where Provider has made an express warranty or representation to Veterinarian.

(b) Where ordinary negligence results in a breach of material contractual duties as referred to in sec. 7.2(a)(iv) above, Provider is only required to compensate Veterinarian for losses typically foreseeable at the time of entry into the usage agreement.

(c) If a loss is attributable to a fault of Provider as well as to a fault of Veterinarian, then Veterinarian must allow his contributory negligence to be taken into account.

7.3 Any other liability on the part of Provider, including but not limited to liability without regard to fault, is excluded. By way of clarification, Provider shall not be liable for losses caused by force majeure.

7.4 The provisions of this sec. 7 shall be without prejudice to any potential liability of Provider under the German Product Liability Act.

7.5 The liability exclusions and/or restrictions referred to in this sec. 7 shall apply in like fashion to claims brought against affiliates of Provider.

8. VIOLATIONS BY VETERINARIAN; RELEASE

Veterinarian shall release and discharge Provider from any and all losses and other costs incurred by Provider because of the violation of these General Terms of Use or any provisions of law in connection with the use of enpevet by Veterinarian. This applies, in particular, to any unauthorized use of legally protected content by Veterinarian and to claims to damages based on same that may be brought by third parties against Provider. This release also applies to the necessary costs of the legal defence, including but not limited to court and attorney’s fees, unless Veterinarian is not at fault for the violation.

9. AMENDMENT OF THE GENERAL TERMS OF USE

9.1 Provider has the right to amend prospectively the General Terms of Use with respect to Veterinarian at any time.

9.2 Provider will notify the registered Veterinarian in a timely manner as to its intent to amend the General Terms of Use by sending him an e-mail at the last e-mail indicated to Provider. The respective amendment shall take effect, provided that Veterinarian fails to object to it in writing within two weeks. Timely dispatch of the objection shall be controlling for purposes of determining compliance with this two-week period.

9.3 If Veterinarian objects to the amendment within the two-week period, then Provider is entitled to terminate the contractual relationship in its entirety, effective immediately, by giving Veterinarian notice to this effect. However, Veterinarian shall not be entitled to any claims against Provider as a result of this termination. If the contractual relationship is continued after a valid objection from Veterinarian, then the General Terms of Use shall remain in effect in their prior form.

10. TERM OF USAGE AGREEMENTS; TERMINATION

10.1 Following registration, Veterinarian may use the registration-based features of enpevet in the Version for Veterinarians on a permanent basis. Veterinarian may terminate the corresponding usage agreement at any time by deleting his User-specific account, while Provider may terminate the agreement at any time without observing a notice period by informing Veterinarian of the termination in text form (e.g., e-mail). Such termination shall take effect immediately in either case.

10.2 The foregoing shall be without prejudice to either party’s right to terminate the usage agreement for good cause. The instances in which Provider may terminate a usage agreement, in whole or in part, for good cause include but are not limited to the following: (i) Veterinarian made false or incomplete statements at the time of registration, (ii) registration requirements cease to be satisfied at some point after registration, or (iii) Veterinarian materially or repeatedly breaches the provisions of these General Terms of Use as amended from time to time.

10.3 In general, the term of use of registration-free features as referred to in sec. 2.3 is not limited. Nevertheless, Provider is at liberty to discontinue, modify, restrict, expand, or otherwise alter these features at any time without prior notice (and without replacing such features).

11. DATA PROTECTION; DATA SECURITY

11.1 Provider agrees to comply with legal provisions relating to the protection of personal data. Provider shall only collect and process data that is indispensable for purposes of the registration specified in sec. 3 and for operating, using, and further developing the enpevet website and/or data that Veterinarian himself supplied when using same. After User has deleted the account or after termination of the usage agreement, the User-specific personal data and the data that User has stored with Provider on the enpevet website shall be deleted within a reasonable time. Provider expressly states that information and data that Veterinarian enters in health records that pertain to pet owners who have given them access to these records and that may also contain personal data cannot be deleted by Provider. Thus, such data shall remain permanently visible to the respective user of the enpevet website in the Version for Pet Owners, to third parties to whom these health records are transferred (e.g., if the pet is sold), and to other veterinarians to whom the respective pet owner has also given access to the health records set up by them, until such time as the respective authorized pet owner deletes these records himself. By using enpevet, Veterinarian indicates his agreement with the foregoing.

11.2 With respect to the access data that Veterinarian must enter as part of the log-in process prior to each use of enpevet, Provider shall enable Veterinarian to store this data via so-called "cookies" on the respective computer of Veterinarian in order to facilitate this process. By using this feature, Veterinarian indicates his agreement with the placement of such cookies on his computer. Veterinarian may prevent the cookies from being installed on his computer by configuring his Internet browser appropriately or may delete this cookie at any time. However, Provider expressly states that, in this case, Veterinarian cannot log in automatically without re-entering his access data, and consequently, he must manually enter this access data prior to re-using enpevet.

11.3 This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics utilizes so-called "cookies", which are text files that are stored on your computer and make it possible to analyze your use of the website. The information generated by the cookie regarding your use of this website (including your IP address) shall be transferred to one of Google’s servers in the USA and stored there. Google shall use this information to analyze your use of the website, to compose reports regarding website activities for the website operators, and to provide additional services related to the use of the website and the Internet. Where necessary, Google shall also transfer this information to third parties, provided that this is required by law or that third parties process this data at the direction of Google. In no case shall Google associate your IP address with other data of Google. You can prevent the cookies from being installed by configuring your browser software appropriately. However, we expressly state that, in this case, you may not be able to fully use all of the features on this website. By using this website, you indicate your agreement with the processing of the data collected regarding you by Google as described above and for the aforementioned purpose.

12. CONCLUDING PROVISIONS

12.1 This Agreement, including all usage agreements relating to enpevet and all claims arising from or in connection with this Agreement, shall be subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), and shall be interpreted and enforced in accordance with German law.

12.2 The place of performance is Hamburg.

12.3 In business transactions with merchants, legal entities under public law, special funds under public law, or Veterinarians not subject to general jurisdiction in Germany, the place of jurisdiction for actions associated with the usage relationship between the Parties shall be Hamburg (agreement on jurisdiction). Nevertheless, at Provider’s option, Veterinarian may also be sued in any other court having jurisdiction over him. The foregoing provisions shall be without prejudice to any exclusive jurisdiction.

12.4 Veterinarian may only offset claims of Provider with uncontested or legally enforceable claims.

12.7 Provider is entitled to engage the services of third parties for purposes of fulfilling its obligations.