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This Web site and other Internet Web sites operated or controlled by subsidiaries and affiliates of Pets-n-things International, LP. (“Site(s)”) .lude content, text, information, advertising, data, audio/visual materials, “applets,” and software (collectively, “Content”), as well as communication tools, access to email services (through Pets-n-things or other email providers), online directories, administrative services, download areas, discussion forums, search, account management tools, access to certain content (e.g., news, weather, stocks and sports), certain diagnostic tools, games and other information (“Services”). The Services may themselves contain Content, and Content and Services are sometimes collectively referred to as the “Resources”.

Your use of the Sites (and any Site that links to these Terms) and any Resources provided on the Sites is subject to these terms of use (the “Terms”) which form an agreement between you and Pets-n-things .LP. and its applicable subsidiaries and affiliates (collectively, “Pets-n-things“) regarding your use of the Sites. Certain Resources may also be subject to additional terms and conditions, whether on a particular Site or in a separate written or electronic agreement between you and Pets-n-things, and Pets-n-things’s obligations with respect to such Resources are solely as defined in such other agreements, and nothing in these Terms is intended to modify them.


Acceptance of Terms

Your use of the Site(s) constitutes your acceptance of these Terms, without modification. If you do not agree to these Terms, you may not use the Site(s). If you are under 18 years of age, then by your use of the Site(s), you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site and/or Resources.


Privacy Policy; Legal Compliance

Pets-n-things’s Privacy Policy  governs your use of the Sites and it is .orporated in these Terms by reference. The Privacy Policy explains, among other things, what information is gathered from visitors to the Sites, how it is used and retained, and ways visitors can restrict the use or disclosure of information we collect. Through your use of the Sites you consent to the collection and use of the information that you submit through the Sites, subject to the terms of our Privacy Policy. Pets-n-things reserves the right to provide account and user information, .luding email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may .lude, but is not limited to, monitoring of the Pets-n-things network consistent with applicable law. In addition, Pets-n-things is required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any such information, .luding the identity of users, account information, images and other facts to law enforcement personnel. Information you provide to a third party Web site is governed by that Web site’s terms and policies and these Terms or our Privacy Policy.


Limitations on Use; Unmoderated Areas and Third Party Links

You acknowledge and agree that Pets-n-things (a) is not responsible for invalid destinations or transmission errors; and (b) does not guarantee your ability to access all Sites or Resources or that the Resources are secure or will meet your needs.

You understand and agree that Pets-n-things (and its third party suppliers and licensors (collectively “Licensors”)) have no control over third party networks or web sites that you may access in the course of your use of the Sites. The .lusion of any linked sites or content from the Sites does not imply endorsement of the linked site or content by Pets-n-things. In no event shall Pets-n-things or Licensors be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s web site, or the information or material accessed through such web sites. Access to any of the third party Web sites linked to from any of the Sites is entirely at your own risk and is solely governed by the terms and policies applicable to third party Web sites, and not these Terms. Accordingly, you should carefully review the privacy and other policies and terms of such third party web sites. In addition, certain areas of the Sites may contain Content from other users, and Pets-n-things and its Licensors assume no responsibility for the accuracy, quality, or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or similar Services reflecting user-generated content, and we do not endorse any advice or opinion contained therein. You acknowledge that through your use of certain areas of the Sites, you may have access to Content or information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Sites by children is your responsibility and that Pets-n-things and its Licensors are not responsible for access by you or any other users to objectionable or offensive content. PETS-N-THINGS STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE. You agree that your use of the Sites and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, n tional and .laws and regulations.


Acceptable Use

If the use of a Site or Resource by you or anyone using your account, in Pets-n-things’s sole discretion, violates these Terms or any other Pets-n-things agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or the Pets-n-things network by Pets-n-things or other users then, without limiting any other right or remedy Pets-n-things may have, Pets-n-things may suspend, deny or restrict your access to any Site or Resource (and to take any other action Pets-n-things deems appropriate to protect Pets-n-things, our users and other Internet users). Without limiting the general policy stated above, you agree not to use the Sites (.luding by linking to the Sites), or any Resources, in any manner that:

  1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
  2. infringes or misappropriates Pets-n-things’s or a third party’s intellectual property, confidentiality, or other rights;
  3. advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
  4. distributes advertising or promotional content;
  5. compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
  6. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  7. decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the any of the Sites or that is available through the Sites;
  8. accesses (or attempts to access) any of the Resources by any means other than through the interface that is provided by Pets-n-things. You specifically agree not to access (or attempt to access) any of the Resources through any automated script or routine, .luding “robots,” “spiders,” “offline readers,” bots, web crawlers or other means, that accesses the Resources in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
  9. interferes with or disrupts the Resources (or the servers and networks which are connected to the Resources), whether via malicious software or otherwise; and/or
  10. reproduces, duplicates, redisplays, frames, makes copies of, or resells the Resources for any purpose.

Additional access and use restrictions may appear elsewhere on the Sites. In particular, forums, blogs or similar community-focused Sites or Resources may attach their own standards of conduct as is appropriate for the intended audience. You agree to abide by such additional restrictions. The Sites are intended solely for your private and personal use on your computer. Any other use or any attempt to use the Sites or Resources for commercial or other purposes is strictly prohibited.

 

Disclaimers of Warranty

PETS-N-THINGS AND ITS LICENSORS PROVIDE THE SITES AND RESOURCES “AS IS”, “AS AVAILABLE “AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. SHOULD THE SITES OR ANY RESOURCE BE DEFECTIVE, YOU, AND NOT PETS-N-THINGS OR ITS LICENSORS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. PETS-N-THINGS AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES AND RESOURCES (.LUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PETS-N-THINGS AND ITS LICENSORS MAKE NO WARRANTY THAT THE SITES OR RESOURCES WILL MEET YOUR REQUIREMENTS OR THAT THE SITES OR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY PETS-N-THINGS, ITS AFFILIATES, LICENSORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. PETS-N-THINGS AND ITS LICENSORS MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR RESOURCES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES OR RESOURCES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR RESOURCES OR FROM PETS-N-THINGS OR ITS SUPPLIERS OR LICENSORS (OR THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE PETS-N-THINGS PARTIES”) SHALL CREATE ANY WARRANTY. PETS-N-THINGS DISCLAIMS ALL EQUITABLE INDEMNITIES.


Limitation of liability

IN NO EVENT WILL ANY OF THE PETS-N-THINGS PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (.LUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF USE OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITES (.LUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES OR RESOURCES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY PETS-N-THINGS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnity

You agree to indemnify, defend and hold harmless Pets-n-things Parties from and against all losses, expenses, damages and costs, .luding reasonable attorneys’ and experts’ fees, arising from or related to claims made by any third-party due to or arising out of (a) Submitted Material or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Sites or Resources, (b) your use of the Sites or Resources (or use of the Sites or Resources by any parties who use your computer, with or without your permission), (c) your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Sites or Resources (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with Pets-n-things or your ceasing to use the Sites or Resources. Pets-n-things reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Pets-n-things in asserting any available defenses.

 

Changes to the Sites and These Terms

All information posted on the site is subject to change without notice and Pets-n-things reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Sites or any part thereof to any user or group of users, without prior notice and for any reason or no reason. Pets-n-things reserves the right, from time to time, to amend or change these Terms (.luding any of the policies which may be applicable to your use of the Sites) by posting such revisions to this page . You agree to visit that Web site periodically to be aware of and review any such revisions. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Services after the date on which the Terms have changed, Pets-n-things will treat your use of the Services as acceptance of the updated Terms, with prospective effect.

These Terms, together with (i) any additional terms to which you agree when using particular elements of a given Site, and, where applicable, (ii) any separate written or electronic agreement between you and Pets-n-things, constitute the entire and exclusive and final statement of the agreement between you and Pets-n-things with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Pets-n-things with respect to such subject matter. Pets-n-things’s failure to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms shall be governed and construed in accordance with the laws of the State of New York, and any legal action or proceeding between Pets-n-things and you for any purpose concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. Pets-n-things may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party (other than the Pets-n-things Parties) with a remedy, claim, or right of reimbursement.