Pet360 TERMS OF SERVICE
THIS IS AN AGREEMENT BETWEEN YOU AND PET360, INC.
This is an agreement ("Agreement") between you and PET360, INC. This Agreement governs your use of any Web site or Web page operated by PET360.
PET360 OFFERS THE PET360 SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE PET360 SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
You must be 13 years of age or older to access the Pet360 Site.
The language of the Pet360 Site is English.
HOW PET360 MAY MODIFY THIS AGREEMENT
PET360 reserves the right to change the terms, conditions, and notices under which it offers the PET360 Site, including any charges associated with the use of the PET360 Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any PET360 Site. Your continued use of the PET360 Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
You may not use your registration membership (or allow anyone else to use your registration membership) to post or transmit:
1. Content that is abusive, vulgar, obscene, hateful, fraudulent, or that discloses private or personal matters concerning any person. This includes language, information, or images.
2. Content that is threatening, defamatory or abusive, either between forum members or directed towards a Pet360 moderator, or a Pet360 employee or manager.
3. "Rants," "slams," or legal threats against Pet360 or another company or competitor.
4. Bigoted, hateful, or racially offensive comments.
5. Political or religious statements or commentary.
6. Off-topic comments not related to pets.
7. Any material that you don't have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements).
8. Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
9. Advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, or charitable appeals. This includes advertising links in signatures.
10. Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
11. Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
12. Messages designed to evade profanity or other filters.
13. Personal phone numbers or addresses (to protect privacy).
14. Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to Pet360 employees’ email addresses.
15. Hyperlinks that lead to sites that violate any of the forum guidelines.
16. Any message that impersonates another person or affiliation with an entity, including, but not limited to, Pet360.
In addition, our guidelines do not permit you to:
17. Intentionally violate any other applicable law or regulation while accessing and using our site.
18. Interfere in any way with the operations in the forum or with a fellow user's message box, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
19. Evading bans or suspensions or otherwise disregarding directions from Pet360 moderators or administrators. Pet360 moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these guidelines from posted messages, or ban your account for violating the above reasonable provisions. Please remember that you are responsible for all statements made and acts that occur through the use of your user name and password.
If you recognize any violation of these guidelines, please notify us by using the "Report Abuse to Moderator" feature in the Options menu of the post, or by contacting us directly at [email protected].
USER PROFILE INFORMATION
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the Pet360 Site you agree that all information provided in your profile is accurate, true, current, and complete. Pet360 may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to [email protected].
MEMBER GENERATED CONTENT
The content found in the Pet360 Site comes from a variety of sources, primarily from site members. Pet360 makes no claims or representations as to the accuracy, completeness, or truth of any material submitted or found in the discussion areas. Pet360 is not liable for any Web site links posted within the discussion areas; Web site links posted in the discussion areas may link to sites not administered or under the control of Pet360 and users must open such links at their own risk. Pet360 is not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information provided by site members. Pet360 makes no guarantee of the confidentiality or privacy of any communication or information transmitted on the site, or any Web site linked to the site, or otherwise in connection with the services and Pet360 will not be liable for the privacy of e-mail addresses, registration and identification information, confidential or trade-secret information.
You acknowledge that the contents of the PET360 Site are not intended to be a substitute for professional veterinary advice, diagnosis, or treatment, and that you should always seek the advice of your veterinarian or other qualified provider with any questions you may have regarding a medical condition. You agree that you will never disregard professional advice or delay in seeking it because of something you have read on the PET360 Site.
INFORMATION AVAILABLE FROM THE PET360 SITE
PET360 and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the PET360 Site. PET360 and its suppliers do not authorize the use of information available from the PET360 Site 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. Nothing contained in the PET360 Site is intended to constitute professional advice.
If you believe that work belonging to you has been copied onto the Pet360 Site without your permission, please notify by sending a written notification of claimed infringement to [email protected].
In accordance with the Digital Millennium Copyright Act, your notification must include:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 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.
• Identification of the material that is claimed to be infringing or to be the subject of 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.
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NO UNLAWFUL OR HARMFUL USE OF THE PET360 SITE
You will not use the PET360 Site in any way that is unlawful, or harms PET360, its affiliates, service providers and/or suppliers (each, a "PET360 Party" and collectively, the "PET360 Parties") or any customer of a PET360 Party, as determined in PET360's sole discretion. Without limiting the generality of this section, you may not use the PET360 Site in any manner that could damage, disable, overburden, or impair any PET360 Web site (or the network(s) connected to any PET360 Web site) or interfere with any other party's use and enjoyment of the PET360 Site. Without limiting the generality of this section you will not use the PET360 Site to: (a) transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail; (b) post anything fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) do anything that is illegal or that violates any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with PET360; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or (f) promote any obscene material or child pornography.
MATERIALS YOU POST OR PROVIDE CAN BE USED BY US
For materials you post, submit or otherwise provide to PET360 related to the PET360 Site (a "Submission"), you grant PET360 a worldwide, perpetual, exclusive, royalty free, irrevocable license to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission in connection with the promotion of the goods and services of PET360, and (2) sublicense such rights, to the maximum extent permitted by applicable law. PET360 will not pay you for your Submission. PET360 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.
Any submission protected by copyright or trademark law for which you do not have appropriate rights cannot be reproduced. By submitting, posting or otherwise providing PET360 with material you acknowledge that you are the owner of the material or that you have obtained all legal and necessary clearances, licenses and permission to reproduce any and all submitted materials, and that you are in compliance with all applicable laws, regulations, court orders and ordinances, from wherever issued.
You agree to indemnify, hold harmless and defend Pet360, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Pet360 Site, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
PET360 MAKES NO WARRANTY
PET360 PROVIDES THE PET360 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 PET360 PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE PET360 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 PET360 SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY PET360 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 PET360 SITE, EVEN IF SUCH PET360 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES 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 PET360 SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PET360 PARTY WITH RESPECT TO THIS AGREEMENT OR THE PET360 SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PET360 SITE.
TERMINATION; ACCESS RESTRICTION
PET360 may terminate this Agreement, or terminate or suspend your access to the PET360 Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the PET360 Site will immediately cease.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
All claims arising from or related to this Agreement and the PET360 Site will be adjudicated under the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Montgomery County, Pennsylvania, USA in all disputes arising out of or relating to this Agreement or to your use of the PET360 Site.
JURY TRIAL WAIVER
YOU AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY.
NO CLASS ACTIONS
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST PET360 ARISING OUT OF OR RELATING TO YOUR PURCHASE OR USE OF GOODS OR SERVICES FROM THE PET360 SITE.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. PET360 may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the PET360 Site. Except as expressly stated herein, this Agreement constitutes the entire integrated agreement between you and PET360 with respect to the PET360 Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PET360 with respect to the PET360 Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AGREE THAT YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PET360 SITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.