2. HOW DONNER CREEK VETERINARY CLINIC MAY MODIFY THIS AGREEMENT

Donner Creek Veterinary Clinic reserves the right to change the terms, conditions, and notices under which it offers the Donner Creek Web Site, including any charges associated with the use of the Donner Creek Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Donner Creek Web Site. Your continued use of the Donner Creek Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any Donner Creek Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Donner Creek Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Donner Creek Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE DONNER CREEK WEB SITE

The Donner Creek Web Site are only for your personal use. You will not use the Donner Creek Web Site for commercial purposes. You will not use the Donner Creek Web Site in any way that is unlawful, or harms Donner Creek Veterinary Clinic, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Donner Creek Veterinary Clinic Party" and collectively, the "Donner Creek Veterinary Clinic Parties") or any customer of a Donner Creek Veterinary Clinic Party, as determined in Donner Creek Veterinary Clinic's sole discretion. Donner Creek Veterinary Clinic may tell you about certain specific harmful uses in a code of conduct or other notices available through a Donner Creek Web Site, but has no obligation to do so. You may not use the Donner Creek Web Site in any way that breaches any code of conduct, policy or other notice applicable to the Donner Creek Web Site. Without limiting the generality of this section, you may not use the Donner Creek Web Site in any manner that could damage, disable, overburden, or impair any Donner Creek Web Site (or the network(s) connected to any Donner Creek Web Site) or interfere with any other party's use and enjoyment of the Donner Creek Web Site.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the Donner Creek Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Donner Creek Web Site in any way that violates the Donner Creek Veterinary Clinic Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Donner Creek Veterinary Clinic may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Donner Creek Web Site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Donner Creek Web Site even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Donner Creek Veterinary Clinic related to the Donner Creek Web Site (a "Submission"), you grant Donner Creek Veterinary Clinic permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Donner Creek Web Site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Donner Creek Veterinary Clinic will not pay you for your Submission. Donner Creek Veterinary Clinic may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Donner Creek Veterinary Clinic may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Donner Creek Veterinary Clinic Parties or any customer of a Donner Creek Veterinary Clinic Party.

7. SOFTWARE

Your use of any software associated with the Donner Creek Web Site will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Donner Creek Veterinary Clinic grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Donner Creek Web Site and in accordance with this Agreement. Donner Creek Veterinary Clinic reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Donner Creek Veterinary Clinic or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Donner Creek Veterinary Clinic may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Donner Creek Web Site.

8. INFORMATION AVAILABLE FROM THE DONNER CREEK WEB SITE

Donner Creek Veterinary Clinic and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Donner Creek Web Site. Donner Creek Veterinary Clinic and its suppliers do not authorize the use of information available from the Donner Creek Web Site including financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

9. DONNER CREEK VETERINARY CLINIC MAKES NO WARRANTY

DONNER CREEK VETERINARY CLINIC PROVIDES THE DONNER CREEK WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DONNER CREEK VETERINARY CLINIC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DONNER CREEK VETERINARY CLINIC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE DONNER CREEK WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY DONNER CREEK VETERINARY CLINIC PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WDONNER CREEK WEB SITE, EVEN IF SUCH DONNER CREEK VETERINARY CLINIC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE DONNER CREEK WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DONNER CREEK VETERINARY CLINIC PARTY WITH RESPECT TO THIS AGREEMENT OR THE DONNER CREEK WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DONNER CREEK WEB SITE.

11. CHANGES TO THE DONNER CREEK WEB SITE; ADDITIONAL LIABILITY LIMITATION

THE DONNER CREEK VETERINARY CLINIC PARTIES MAY CHANGE THE DONNER CREEK WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Donner Creek Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Donner Creek Veterinary Clinic and persons other than Donner Creek Veterinary Clinic (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE DONNER CREEK VETERINARY CLINIC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT DONNER CREEK VETERINARY CLINIC IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE DONNER CREEK WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE Walk-A-Long WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE DONNER CREEK WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE DONNER CREEK WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

Donner Creek Veterinary Clinic may terminate this Agreement, or terminate or suspend your access to the Donner Creek Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Donner Creek Web Site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE DONNER CREEK WEB SITE MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with Donner Creek Veterinary Clinic Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. If this Agreement is with a Donner Creek Veterinary Clinic affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Donner Creek Veterinary Clinic affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Donner Creek Web Site are directed. If this Agreement is with Donner Creek Veterinary Clinic Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Niagara County, New York, USA in all disputes arising out of or relating to the use of the Donner Creek Web Site. If this Agreement is with a Donner Creek Veterinary Clinic affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Donner Creek Veterinary Clinic affiliate in all disputes arising out of or relating to the use of the Donner Creek Web Site.

14. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the Donner Creek Web Site are Copyright © 2006 Donner Creek Veterinary Clinic Corporation and/or its suppliers, 5950 Robinson Road, Lockport, New York, 14094-6017, U.S.A. All rights reserved. Donner Creek Veterinary Clinic and/or other Donner Creek Veterinary Clinic products and services referenced herein may also be either trademarks or registered trademarks of Donner Creek Veterinary Clinic in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Certain software used in certain Donner Creek Web Site servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. Web design services provided by Enzinna Interactive, 50 Coolidge Ave., Lockport, New Yor, 14094-6017, U.S.A. All rights reserved. Enzinna Interactive, the Enzinna Interactive logo, and/or other Enzinna Interactive products and services referenced herein may also be trademarks or registered trademarks of Enzinna Interactive in the United States and/or other countries.

15. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE DESIGNATED PROCEDURE WILL RECEIVE NO RESPONSE.