Terms of Use

  1. Acceptance of Terms. These Terms of Use, as they may be amended from time to time ("Terms"), govern use of the Market Hound service ("Service") and access to the markethound.com website ("Site") by you ("User") as the client of a veterinary care provider ("Provider") who subscribes to the Service. The Service, Site and Content (defined below) are owned or licensed by Patterson Veterinary Supply, Inc. or its affiliates in North America ("Patterson Veterinary"). By accessing the Service, Site, or Content, User agrees to these Terms. User's access to the Service or Site may be direct, or indirect through Provider’s website. References in these Terms to the Site include those pages of the Provider's website that link to the Service or Site or contain Content associated with the Service.

  2. Permitted Use. User may use the Site to access communications, information or other resources provided by or in collaboration with Provider and Patterson Veterinary ("Content"), in each case solely for User’s personal, noncommercial purposes. User may print a single copy of Content from the Site but only for personal, noncommercial use.

  3. User's Agreements. User agrees (i) to use the Service, Site, or Content only for lawful purposes and in compliance with all applicable laws, including privacy and data collection laws, (ii) to take no action that might compromise the security of the Service, Site, or Content, render it inaccessible to others, or otherwise cause damage to the Service, Site, or Content, (iii) to use the Service, Site, or Content only for permitted uses described in these Terms and any on-line user instructions, (iv) not to frame, link to, or create derivative works based on the Service, Site, or Content, except as expressly authorized in these Terms, (v) not to copy any of the materials or information available from the Service, Site, or Content, other than User Content (defined below), except as expressly authorized in these Terms, (vi) not to post, upload or otherwise transmit any content, including any data or other information about, related to or supplied by clients of User, that is misleading, threatening, abusive, hateful, or racially, ethnically or otherwise objectionable, or that User does not have a right to post, upload or transmit, or that otherwise infringes any rights of any third parties, and (vii) to comply with all terms of any other agreement with Patterson Veterinary. User understands that access to the Service, Site, or Content is password protected and agrees to maintain the confidentiality of User's password. Patterson Veterinary reserves the right, but is not obligated, to review any information related to or posted by User and without notice to remove any information or content that violates, in Patterson Veterinary's sole discretion, these Terms

  4. To view our Privacy Policy, click here

  5. Intellectual Property. The Service, Site, and Content are the property of Patterson Veterinary or its licensors, and is protected by state, federal and international copyright, trademark and other intellectual property laws. No reproduction, distribution, or transmission of the copyrighted materials of the Service, Site, or Content is authorized without the prior written permission of Patterson Veterinary, except as expressly authorized by these Terms.

  6. Mobile Devices. The Service, Site and Content may be accessed using mobile devices supported by Patterson Veterinary, in its sole discretion, and such access remains subject to these Terms. User is solely responsible for knowing how to properly use User’s mobile devices, and Patterson Veterinary assumes no obligation or liability with regard to use of such devices. Access might not be available over some mobile networks. The use of a mobile device may be subject to the terms and conditions of agreements User has with third party service providers, such as mobile device manufacturers or telecommunications or data carriers, and these Terms do not amend or supersede any of those agreements. Those agreements may contain requirements and limitations including fees and charges that may impact the use of a mobile device to access the Services, Site or Content. User is solely responsible for all such limitations, restrictions, fees and charges. User understands that messaging and data charges may apply. Only the mobile device manufacturer or telecommunications carrier is responsible for its products and services. User agrees to resolve any problems with its mobile devices without involving Patterson Veterinary. If User elects to download an app made available by Patterson Veterinary to access the Service, Site or Content, User acknowledges that it must agree to the Patterson Veterinary’s license agreement and any other terms that govern use of the app. Such license agreement and any other terms do not amend or supersede these Terms, but are in addition to these Terms, which will continue to apply.

  7. User Content.  "User Content" is any data, information or materials created or provided by, or pertaining to, User or User’s companion animal(s) under Provider’s care. User represents and warrants that (i) all User Content posted, uploaded or transmitted to or using the Service, Site, or Content is true, accurate and complete, and (ii) User has the right to post, upload or transmit the User Content and to grant the license to Patterson Veterinary herein with respect to the User Content. User hereby grants to Patterson Veterinary a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sub licensable right and license to (a) aggregate, compile, decompile, manipulate, reproduce, modify, supplement, adapt, translate, create derivative works from, distribute, publish, disclose and otherwise use all User Content for any and all purposes, including without limitation, commercial purposes unrelated to the Service, Site, or Content, (b) further sublicense the User Content to third parties, and (c) use the User Content to power applications or services from Patterson Veterinary or third parties. In connection with the foregoing license, Patterson Veterinary shall be permitted to extract User Content itself or using third party extractors and extractor tools, and to store (including indefinitely) the User Content either or both on servers and cloud-based storage, in each case using providers selected by Patterson Veterinary. User covenants not to grant any rights or licenses to the User content that are inconsistent with the license granted to Patterson in these Terms. Patterson Veterinary reserves the right, but is not obligated, to review User Content and without notice to remove any that violates, in Patterson Veterinary's sole discretion, these Terms.

  8. Disclaimer of Warranties. THE SERVICE, SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PATTERSON VETERINARY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE, SITE, OR CONTENT. PATTERSON VETERINARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE, SITE, OR CONTENT AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SERVICE OR SITE. PATTERSON VETERINARY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE, SITE, OR CONTENT WILL BE CORRECTED. IF USER IS DISSATISFIED WITH THE SERVICE, SITE OR THESE TERMS, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE, SITE AND CONTENT.

  9. Limitation of Liability. IN NO EVENT WILL PATTERSON VETERINARY BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, HOWEVER CAUSED, ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SERVICE, SITE OR CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE OR SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, SITE OR THE CONTENT, EVEN IF PATTERSON VETERINARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, PATTERSON VETERINARY’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED FEES PAID BY USER FOR THE SERVICE DURING THE SIX MONTHS PRECEDING THE DATE USER NOTIFIES PATTERSON VETERINARY OF ANY CLAIM, DEMAND, ACTION OR USER DAMAGE OF ANY KIND.

  10. Indemnification. User shall indemnify, defend and hold Patterson Veterinary and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) User's use of the Service, Site, or Content, (ii) User's failure to comply with any provision of these Terms, or (iii) should any representation of User to Patterson Veterinary prove false in any material respect. Patterson Veterinary reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User agrees to cooperate with Patterson Veterinary in asserting any available defenses. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Patterson Veterinary and/or its affiliates, officers, directors, employees and agents.

  11. Change of Terms. Patterson Veterinary reserves the right to change these Terms at any time, in its sole discretion. User agrees that notice by email regarding changed Terms published on the Site constitutes effective notice for all purposes. User's subsequent use of the Service, Site, or Content shall evidence User's agreement to be bound by these Terms as modified. The most current version of these Terms can be reviewed by clicking on the "Terms of Use" hypertext link located on the Site.

  12. Termination.

    • (a) By Patterson Veterinary. Patterson Veterinary may terminate User's access to the Service, Site, or Content, in whole or in part, (i) immediately and without prior notice if User fails to comply with any provision of Section 2 or if any representation of User to Patterson Veterinary is false in any material respect, or (ii) if User fails to comply with any other provision of these Terms, or to pay when due any amount owing to Patterson Veterinary, which failure continues for fifteen (15) days after notice from Patterson Veterinary. Patterson Veterinary may discontinue the Service, Site, or Content or terminate User's access to the Service, Site, or Content with or without cause at any time upon thirty (30) days' notice to User.

    • (b) By User. User may discontinue use of the Service, Site and Content at any time upon thirty (30) days' notice by contacting Provider, or Patterson Veterinary at 1-888-826-0935.

    • (c) Consequences of Termination. Upon any cancellation or termination, (i) Patterson Veterinary has no obligation to return any User Content, (ii) User remains obligated to pay all fees incurred prior to the cancellation or termination, including without limitation, to the extent User cancels the subscription, any cancellation fees referenced in User's subscription selection, and (iii) unless Patterson Veterinary discontinues the Service, Site, or Content or terminates User's access to the Service, Site, or Content without cause, (A) Patterson Veterinary has no obligation to refund any pre-paid fees, and (B) User may no longer be entitled to discounts on other products licensed, subscribed to or purchased by User from Patterson Veterinary. The disclaimers and limitations of liability set forth in these Terms shall survive termination.

  13. Notice. User agrees that notice posted on the Site or by email to the email address furnished by User when subscribing to the Service, as subsequently updated by User, constitutes effective notice for all purposes. User shall be solely responsible for updating User's registered email address. If prior notice is required, unless these Terms expressly provide for a longer period, User agrees that ten days' advance notice shall be reasonable for all purposes. Actual notice by telephone or other means shall be effective upon receipt by User.

  14. Data Retention. Patterson Veterinary encourages User to maintain a backup version of all User Content.

  15. Force Majeure. Patterson Veterinary shall not be liable for any delay or failure due to any cause beyond its control, including, without limitation, restrictions of law, regulations, orders or other government directives, labor disputes, acts of God, acts of third party vendors or suppliers, or mechanical or electrical breakdowns.

  16. Governing Law. For Licensed Locations in the U.S.A., these Terms shall be governed by applicable the laws of the State of Minnesota and the federal laws of the U.S.A., and User submits to the non-exclusive personal and subject matter jurisdiction of the state and federal courts in Ramsey County, Minnesota, over any action relating to the Service, Site or Content. For Licensed Locations outside the U.S.A., these Terms shall be governed by the applicable laws of the jurisdiction in which the Licensed Location exists. The official language of these Terms, and all agreements or other terms or conditions pertaining to User’s use of the Service, Site or Content, is English.

  17. Miscellaneous. These Terms and the documents or materials referred to herein constitute the entire agreement between User and Patterson Veterinary with respect to this subject matte and supersede all previous and contemporaneous agreements, understandings, or communications, whether written or oral. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Failure to insist on strict performance of any provisions of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of these Terms will be valid unless in writing and acknowledged in writing or electronically by both parties. Any rights not expressly granted herein are reserved by Patterson Veterinary.