Diggo’s Terms of Service

Last updated July 29, 2019

General

This website (www.dig-go.com) (the “website” or “this website” or “our website”) is owned by Diggo, LLC (“Diggo” or “us” or “our” or “we”), whose principal place of business is 1823 Eastchester Drive, High Point, NC 27265. The following Terms of Service (“Terms”) govern your use of this website on any platform and in any format (the “Service”).

Please read these Terms carefully. You may be required to create an account to use certain features of the Service, including our subscription services. We may require your express consent to these Terms and our Privacy Policy before creating an account and using such features. Other features of the Service may not require your express consent to these Terms and our Privacy Policy. By using the Service, you acknowledge that you have read and accept these Terms. If you do not agree to be bound by these Terms, do not create an account and do not access or use the Service.

We have the right, at our sole discretion, to enhance, change or discontinue all or part of the Service any time. We recommend that you regularly check whether these Terms have been revised. When we make any change to the Terms, we will inform you by changing the date on this page noting when the new Terms were last updated. If we make any material change to these Terms we will notify you by email or by posting on Dig-go.com. Depending on the nature of the change, we may require your express consent to the change. Otherwise, your use of the Service after any change has been posted will constitute your consent to the new Terms.

We may immediately terminate any individual’s use of the Services and/or such user’s password(s) or account(s) in the event the user violates these Terms or engages in conduct that Diggo, in our sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.

Account Registration; Use of Secure Area; Password

In general, you may access and use the Service for free in keeping with these Terms. However, to access and use certain features of the Services, including our subscription reports, you must register and create an account and password. You are responsible for maintaining security and control over your user name and password that you create to use these features of the Service. We are not responsible for any losses arising out of the unauthorized use of your account or the Service. If you believe that the security of your user name and/or password has been compromised, you agree to immediately change your user name and/or password to eliminate this security risk. You will notify Diggo of any known or suspected unauthorized use of, or disclosure related to, your account.

The Service is intended for veterinarians and veterinarian practices. The Service is not intended for those under 21 years old. You must be 21 years old to create an account.

No Children Under 13

The Service is not directed at or intended for use by children under 13 years old. We do not knowingly collect personal data from children under 13 through the Service. See our Privacy Policy for more information.

Users Outside the US and Canada

The Service is not directed at or intended for users outside the US or Canada. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from US law, your personal data submitted through the Service and transferred to the US may not have the same legal data protection as in your jurisdiction. Please review our Privacy Policy for additional information.

Consent to Receive Communications

If you register or sign up to receive newsletters, updates, emails or any other communications from us, you consent to receive such communications. We may require your express consent to “opt in” to these communications. You may opt out of these communications at any time using the “unsubscribe” prompts contained at the bottom of the communications.
Intellectual Property

The Service and the content appearing on the Service (the “Diggo Content”) are the property of Diggo or our licensors and are protected by copyright and other intellectual property laws. You understand and agree that Diggo (or Diggo’s licensors) own all legal right, title and interest in and to the Diggo Content appearing on the Service, including but not limited to intellectual property rights such as copyrights and trademarks. You agree that nothing in this Agreement gives you any right to use any of the intellectual property available on the Service, including but not limited to the copyrighted content, trademarks, service marks, logos and domain names. Except as explicitly permitted by these Terms or the functionality of the Service, Diggo Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Diggo Content without notice.

Certain Disclaimers

The Service includes the facts, views, opinions and recommendations of individuals and organizations deemed by Diggo and our business partners to be of interest. Diggo and our licensors are not giving medical, clinical or other professional advice. Diggo and our licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions and recommendations.

The Service provides information designed to educate subscribers. This information does not take into account all of the unique circumstances which affect an individual’s or practice’s decisions and nothing on the Service should be deemed personalized advice that is tailored to the needs of an individual or specific practice.

We may limit the amount of storage space, activity, bandwidth or any other resources available on the Service in our discretion. Periodically, the Service may become unavailable due to required maintenance or other reasons. We assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction or unauthorized access to, or alteration of, any content or information that you submit on, to or through the Service.

Making Purchases through the Service

Certain features of the Service require you to purchase a subscription, namely our subscription reports. At this time we offer annual (four reports per year) and single (one-time) subscriptions. To purchase a subscription you will be asked to supply certain information, including but not limited to credit card or other payment information. You understand that any such information will be treated as described in our Privacy Policy for information collected by Diggo. You must provide to Diggo information that is accurate, complete and current. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with Diggo in connection with the licensing or purchase of any product or service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. You agree that annual subscriptions are subject to automatic renewal unless you cancel with us prior to your subscription anniversary date.

Forums

Certain areas of the Service may permit you to access online Forums where you can post messages and read messages posted by others. Diggo does not endorse, and specifically disclaims, any responsibility or liability for any content posted on a Forum. By accessing a Forum and/or posting information on a Forum you agree to be bound by these Terms.

You acknowledge and agree that Diggo has the right, but not the responsibility, to monitor the Service, including without limitation the Forums, and to disclose any information to any third party as described in our Privacy Policy. Diggo has no obligation to provide any online Forum.

Code of Conduct – Required and Prohibited Conduct and Uses

REQUIRED: You agree to the following while using the Service. Any failure to do so violates these Terms and may result in termination of your access to or use of the Service:

  • You will use the Service only for purposes that are permitted by these Terms and by applicable law and regulations.
  • You agree that the Service and the Diggo Content may be used only for your personal and non-commercial use.

PROHIBITED: You agree not to engage in any of the following while using the Service. Such conduct violates these Terms and may result in termination of your access to or use of the Service:

  • Using the Service in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Accessing or attempting to access the Service by any means other than through the Dig-go.com interface provided by Diggo or through any automated means.
  • Engaging in any activity that interferes with or disrupts the Service or any network or servers connected to the Service.
  • Editing or modifying the Service or Diggo Content for any purpose or reproducing, duplicating, coping, selling, trading or reselling the Service or any portion thereof unless explicitly permitted to do so by these Terms, a separate agreement with Diggo or applicable law.
  • Posting or transmitting any falsehoods, misrepresentations or deceptive material; or any content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, patently offensive, sexually explicit, harassing, hateful or racially or ethnically offensive; or content that would be considered a criminal offense or trespass or give rise to civil liability; or content that is otherwise inappropriate, objectionable or harmful in any way.
  • Posting or transmitting any information that poses or creates a safety or security risk to any person.
  • Without our prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including but not limited to the solicitation of users of the Service to become users of other online services competitive with Diggo), or any other form of solicitation involving commercial activities and/or sales, such as contests, sweepstakes, advertising or pyramid schemes.
  • Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, spyware, adware, malware or other harmful, malicious or disruptive component; or tampering with or damaging the Service in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
  • Circumventing, disabling or otherwise interfering with security-related features of the Service or any features that prevent or restrict use or copying of any content or enforce limitations on use.
  • Posting or transmitting material that violates or infringes upon the rights of a third party, including but not limited to copyright, trademark, intellectual property rights, rights of privacy or publicity, real property rights or rights of confidential information.
  • Using the Service for any commercial purpose or unlawful purposes.

Your Forum Submissions – User Content

Subject to these Terms, you may submit video, text, images, data or other materials (“User Content”) to the Service through the Forum. In so doing, you acknowledge and agree that you grant to Diggo a royalty-free, perpetual, irrevocable, non-exclusive, transferable, worldwide right and license to:

  • Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, translate, distribute in any and all media such User Content without notice, attribution or payment to you.
  • Sublicense such User Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you.
  • Grant other users of the Services a non-exclusive license to access your User Content and to use your User Content as permitted by the functionality of the Service and these Terms.
  • By submitting User Content to the Service, you acknowledge that you have the authority to grant such rights to Diggo and use of the User Content by Diggo will not violate the rights of any third party. You further acknowledge that the burden of determining whether any User Content posted or transmitted to the Service by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. Diggo and our subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of User Content directly or on our or their own behalf.

The grant of rights by you to Diggo and by you to other users described in this section is, in each case, subject to our Privacy Policy, which among other things describes how we share personal information.

Removal of User Content

DIGGO IS UNDER NO OBLIGATION TO POST OR USE ANY USER CONTENT, AND WE MAY REMOVE USER CONTENT OF WHICH WE BECOME AWARE AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION.
Diggo reserves the right to decide whether User Content is appropriate and complies with these Terms. Diggo assumes no responsibility or liability for the deletion, corruption or loss of User Content or failure to receive or store User Content for any reason, including but not limited to malfunctioning of any network, hardware or software. Removal of User Content may automatically result in the deletion of the relevant files from our or our cloud providers’ systems and servers. Diggo is not obligated to ensure the deletion of User Content from any servers or systems operated or used by us or to require that any user delete any specific material. Our Privacy Policy provides additional information on retention of and access to your personal data.
Reporting Copyright Infringement and Repeat Infringer Policy

If you are a copyright owner or agent and believe any content or other information appearing on or in the Service infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
  5. A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Diggo’s designated agent to receive notifications of claimed infringements: Diggo, LLC, Attn: Richard S. Morgan, 1823 Eastchester Drive, High Point, NC 27265; Email: rmorgan@dig-go.com.
Diggo reserves the right to terminate a user’s access to the Service if we determine, in our sole discretion, that the user is a repeat infringer. For purposes of the DMCA, a repeat infringer is a user who has been notified of infringing activity and has had User Content (as defined above) removed from the Service more than once.

If you consider any material appearing on or in the Service to be objectionable and would like to report it, please send an email to webmaster@dig-go.com.

Disclaimers of Warranties and Limitations on Liability

THIS WEBSITE AND ALL ASPECTS OF THE SERVICE OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT). IN NO EVENT WILL DIGGO, OUR SUBSIDIARIES OR AFFILIATES OR OUR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Links to Third Party Sites

This Service may provide hyperlinks to websites operated by persons and entities other than Diggo and such hyperlinks are provided only for your reference and convenience. A hyperlink from this Service to another website does not mean or imply that Diggo endorses either the operator of the hyperlinked website or the content on such website. We have no control over these third parties, and, as such, we do not endorse and are not responsible or liable for any such third party material, or its accuracy or quality. You are solely responsible for determining the extent to which you use any content on any website to which you link from the Service and agree not to hold Diggo responsible for the content or operation of such website.

Affiliate Links

Diggo is dedicated to helping our subscribers understand the mindset of pet owners and other relevant issues in the animal health and pet industries. Through our research and reporting of these issues, as a reader service, we may link to companies who provide products and services associated with the topics we cover.

Sometimes those links will be affiliate links, which are provided directly by the merchant(s) as listed. Diggo is not responsible for any offer or delivery of services, however there may be a business relationship whereby Diggo will be compensated by a merchant for actions taken by referred customers. Our research staff is in no way connected with these commercial relationships. Affiliate links are managed by a separate business team and do not involve or impact the independent judgments and work of our research staff.

Termination

If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable or prohibit your access to the Service. If your access has been terminated, we may, but we are not obligated to unless required by law, irretrievably delete any and all content we have stored pertaining to your activity on the Service. You may terminate this agreement at any time by simply discontinuing access to and use of the Service. [Subscribers whose access is terminated early, by you or by us, will not be entitled to subscription refunds.]

Legal Disputes

Choice of Law and Jurisdiction
All matters relating to the Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DIGGO ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Indemnification
You agree to indemnify, defend and hold harmless Diggo, our subsidiaries and affiliates and each of their directors, officers, shareholders, members, employees, representatives, successors, agents, partners, clients, service providers and contractors from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your violation of these Terms or your violation of any rights of another user of the Service. Diggo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

No Obligation to Participate in Disputes Between Users or Third Parties
If there is a dispute between users of the Service, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Diggo, our subsidiaries and affiliates and each of their officers, employees, shareholders, members, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous

Failure by Diggo to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Diggo without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Diggo with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.