Terms Of Use

Effective Date: October 14, 2020

These Terms and Conditions of Use (the “Terms of Use”, “Terms”) apply to the Spectrum Antimicrobials, Inc. (“Spectrum” or the “Company”) and the Vetricept website located at www.vetricept.com, and all associated sites linked to www.vetricept.com by Spectrum, its parent company Collidion Inc. (“Collidion”), and all former, current, and future subsidiaries and affiliates of Spectrum and Collidion (collectively “us,” “our,” or “we”).  Our Terms of Use is a legally binding contract between you (the "user" or "you") and us regarding your use of the website.

By using the website (“Website” or “Site”) in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Website, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Website.

Service Overview.  Spectrum Antimicrobials is a healthcare company that develops products to address infection concerns across a number of medical procedures and settings. Our Website is designed to provide general information about the Company and its products and services.

Permitted Use; Eligibility.  Spectrum Antimicrobials operates and maintains this Website for informational purposes only. You agree to abide by such other terms and conditions, including where applicable, that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of this Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Local Law.  Spectrum Antimicrobials is located in Petaluma, California, in the United States of America (USA). Our Site is intended for the exclusive use of residents of the USA. Spectrum Antimicrobials makes no representation that the materials on the Site are appropriate or available for use in other locations. Access to the content may not be legal by certain persons or in certain countries outside of the USA. If you access this Site from outside the USA, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 Unauthorized Activities.  The Website is updated on a real-time basis and is proprietary and some portions may be licensed to Spectrum Antimicrobials by third-parties. Unauthorized use of the Website may result in violation of various United States and international copyright laws.

You agree that you will not use any “deep-link,” “robot,” spider,” “scraper” or other automated means to access our Site for any purpose whatsoever without Spectrum Antimicrobials’ prior express written permission. You are prohibited from and agree to refrain from using the Website in any of the following ways (this list is not exhaustive):

  1. using the Website for any illegal purpose or in violation of any local, state, national, or international law;
  2. in any manner that copies, creates derivative works from, modifies, publicly displays, publicly performs, reproduces or distributes any of the Website, except to the extent permitted by the prior written consent of Spectrum Antimicrobials and any appropriate third party, as applicable;
  3. interfere or attempt to interfere with the proper working of the Website or any activities conducted, including any user’s enjoyment of the Website, which shall include, but not be limited to:
    1. uploading or disseminating any virus, adware, spyware, worm, or other malicious code;
    2. taking any action that imposes, or may impose, in Spectrum Antimicrobials’ sole discretion, an unreasonable or disproportionately large load or interfere with or disrupt Spectrum Antimicrobials’ infrastructure, which includes any network, equipment, or server connected to the Website;
    3. collecting personal information about another user or third party without proper consent
    4. to stalk, harass, or harm another another user or third party;
  4. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  5. attempt to gain unauthorized access to the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means;
  6. attempt to do any acts of the nature described in this Section or assist or permit any person to engage in any of the unauthorized activities specified or related to those in this Section.

Ownership; Proprietary Rights.  The Website is owned and operated by Spectrum Antimicrobials. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Website (“Materials”) provided by Spectrum Antimicrobials are protected by intellectual property and other laws. All Materials included in the Website are the property of Spectrum Antimicrobials or our third-party licensors. All rights not expressly granted in the Terms are reserved. Except as otherwise required or limited by applicable law, use of Materials as described in this Section is strictly prohibited without the prior written consent of the copyright owner or licensee.

Feedback.  If you submit input and/or suggestions (e.g. comments, questions, suggestion, material - collectively, “Feedback”) to us regarding problems with actual or proposed modifications or improvements to the Website or Spectrum Antimicrobials’ other products or services, no matter the method of submission, (e.g. call, video call, text message, email, fax, postal mail), you hereby grant Spectrum Antimicrobials an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, worldwide, royalty-free right to use such Feedback in any manner or purpose, including to improve the Website or in the creation of other products and/or services.

Privacy Policy.  Please read the Website’s Privacy Policy for information relating to our collection, use, storage, and where applicable, any disclosure of your personal information. Our Website’s Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Third-Party Links.  As a convenience to our visitors, our Website may contain links to other sites owned and operated by third parties that we believe may offer useful information. The policies and procedures we describe under our Terms of Use and Privacy Policy do not apply to those sites. We are not responsible for the collection or use of Personal Information at any third party sites. Therefore, we disclaim any liability for any third party’s use of any personal information obtained through the use of its third party website. Contact these third party sites directly for information on their privacy, security, data collection, and distribution policies.

Medical Information. Vetricept products are intended for animal use only and are not intended for use by humans. Nothing on this Website should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your animal's health.  If you are an owner of caregiver for an animal or pet, you should consult a veterinarian or other qualified animal health care professional regarding any questions you have about your animal’s or pet’s health or before making any treatment decisions. If you are a veterinarian or other qualified animal healthcare professional, you should not allow the content of this Website to substitute for your own medical judgment which you should exercise in evaluating the information on this Website.

Website Modification.  Spectrum Antimicrobials reserves the right, in its sole and absolute discretion, to change, modify, add, remove, or terminate the Website for any reason, without notice, at any time. Spectrum Antimicrobials reserves the right to alter these Terms of Use or other Website policies at any time and it is your responsibility to periodically review these Terms of Use for any changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Spectrum Antimicrobials grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Site.

Accuracy of Materials.  The materials appearing on our Website may include technical, typographical, or photographic errors. We do not warrant that any of the Materials on our Website are accurate, complete or current and we may make changes to the Materials contained on our Website at any time and without notice, however, Spectrum Antimicrobials does not make any commitment to update the Materials.

Indemnity.  You agree to indemnify and hold Spectrum Antimicrobials and (where applicable) Spectrum Antimicrobials’ parent(s), subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Spectrum Antimicrobials by any third party due to or arising out of or in connection with your use of the Site.

Disclaimer; No Warranty.  Spectrum Antimicrobials, Spectrum Antimicrobials’ subsidiaries, parents, affiliates, officers, directors, employees, and Spectrum Antimicrobials’ suppliers provide Spectrum Antimicrobials’ Website “as is” and without any warranty or condition, express, implied or statutory. Spectrum Antimicrobials, Spectrum Antimicrobials’ subsidiaries, parents, affiliates, officers, directors, employees, consultants and Spectrum Antimicrobials’ suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. Further, Spectrum Antimicrobials does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on the Website or otherwise relating to such Materials or on any Sites linked to our Site. In addition, no advice or information (oral or written) obtained by you from Spectrum Antimicrobials shall create any warranty. Some states do not allow the disclaimer of implied warranties; therefore, the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights. You may also have other legal rights which may vary from state to state.

Limitation of Liability.  In no event shall Spectrum Antimicrobials, and (where applicable) Spectrum Antimicrobials’ subsidiaries, parents, affiliates, officers, directors, employees, consultants or Spectrum Antimicrobials’ suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, Spectrum Antimicrobials’ services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitation or exclusion may not apply to you.

No Guarantee.  Spectrum Antimicrobials does not guarantee continuous and/or uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside Spectrum Antimicrobials’ control.

Disputes. Any dispute or claim relating to your use of our Site will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms of Use as a court would. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. In the event of a claim, payment of all filing, administration and arbitrator fees shall be split evenly between you and us.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: FitzGerald Yap Kreditor LLP, Attn: Lynne Bolduc, 2 Park Plaza, Suite 850, Irvine, California 92614.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

General. You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offerings on our Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Spectrum Antimicrobials with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and Spectrum Antimicrobials with respect to such use are hereby superseded and cancelled. Other than as provided in a separate written agreement you may enter into with Spectrum Antimicrobials, Spectrum Antimicrobials will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Spectrum Antimicrobials’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a wavier by Spectrum Antimicrobials of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Spectrum Antimicrobials and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Governing Law.  By using this Site, you agree that applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute which may arise between you and Spectrum Antimicrobials hereunder. You agree to the personal jurisdiction by and venue in the state and appropriate federal courts of Orange County, California, and waive any objection to such jurisdiction or venue.


Contact Information.  You can reach Spectrum Antimicrobials by sending correspondence to Spectrum Antimicrobials, Inc., 1770 Corporate Circle, Petaluma, California 94954.

Effective Date.  These Terms of Use may be amended from time to time. The date of any amendment to our Terms of Use will be posted at the top of this page. The initial effective date of these Terms of Use October 14, 2020.

These Terms of Use constitute the entire agreement between you and Spectrum Antimicrobials with respect to the use of our Site and content. Your use of our Site is also subject to our Privacy Policy.