Effective Date: August 1, 2016
BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES (AS DEFINED BELOW), YOU THEREBY AGREE TO BECOME FULLY BOUND BY THESE TOU. IF YOU DO NOT AGREE TO ALL THE TOU, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
Our mission is to produce a relevant, informative, and supportive website and newsletter for pet owners, who will be able to research, utilize, rate, and review a wide range of products and services, as well as a variety of pet friendly establishments, such as retailers, suppliers, restaurants, hotels, and other venues/forums/places where domestic pets may be welcome or suitably accommodated (collectively, “Service Providers”). The TOU outline your obligations when using the PuppyPals website, mobile application, and services.
- TOU ACCEPTANCE
The PuppyPals Internet site available at WWW.PUPPYPALSAPP.COM, the PuppyPals mobile application, any related sites and mobile applications operated by PuppyPals, and the various content, features, and services offered on and in connection with these sites and applications, including, without limitation, the PuppyPals newsletter (collectively, the “Sites and Services”), are owned and operated by PuppyPals and can only be accessed and used by you under the TOU described below.
- TOU MODIFICATIONS
PuppyPals may, in its sole and absolute discretion, modify these TOU at any time effective upon posting the modified TOU on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide PuppyPals notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TOU.
- USE OF THE SITES AND SERVICES
Subject to full compliance with these TOU, PuppyPals grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these TOU, without the express written consent of PuppyPals. PuppyPals may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole and absolute discretion for any or no reason, at any time and with or without notice. PuppyPals shall not be liable to any end-user or other third-party for any such modification, update, suspension or discontinuance.
- END-USER CONDUCT
As a condition of your access and use of the Sites and Services, as well as your submission of or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these TOU, or any other purpose not reasonably intended by PuppyPals. By way of example, and not as a limitation, you agree not to:
- intentionally or unintentionally violate these TOU, other applicable agreement with PuppyPals, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third-party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third-party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these TOU, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of PuppyPals, which consent may be withheld by PuppyPals in our sole discretion;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with PuppyPals, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of PuppyPals or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by PuppyPals by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these TOU;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including, without limitation, to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’, or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services;
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services;
- reverse look-up, trace, or seek to trace any information on any other user of the Sites and Services, or any other customer of PuppyPals, including any PuppyPals account not owned by you, to its source; or
- exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including, without limitation, personal identification or information other than your own information, except as expressly authorized by PuppyPals and provided for by the Sites and Services.
- REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide PuppyPals with true, accurate, current and complete information as prompted by the PuppyPals’s registration forms, when registering for or using the Sites and Services, and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.
- SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to PuppyPals a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge or incorporate into other works, distribute, publicly display, and create derivative works from such Content;
- you grant to PuppyPals all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to PuppyPals all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, PuppyPals, and others as described and otherwise contemplated in these TOU;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these TOU.
- you are solely responsible for your reviews and ratings;
- PuppyPals may, in its sole and absolute discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by PuppyPals to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable or unconscionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing, or (ii) as provided below, an individual and that individual’s actual first-hand experience with a veterinarian, pet care specialist, pet boarding business, or similar Service Provider whereby you have the legal authority to disclose such pet health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit concise, informative, thoughtful, and useful reviews of the Service Providers you review (For example, stating, “He/She is wonderful.”, would be an unacceptable review of a service contractor without additional commentary that we deem informative, thoughtful, and useful.);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of PuppyPals, its officers, managers, owners, employees, agents, designees, or other users.
- PUBLICATION AND DISTRIBUTION OF CONTENT
PuppyPals cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that PuppyPals simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated Content. You understand that all posts on, transmitted through, or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that PuppyPals does not control, and is not responsible for, Content or Service Provider Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that PuppyPals has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, PuppyPals reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these TOU. By using the Sites and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will PuppyPals be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, pet health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against PuppyPals relating to Content, and release PuppyPals from any and all liability for or relating to any Content. PuppyPals has no obligation to review, monitor, or remove any Content or other materials, except as required by law.
You may, however, report Content that you believe violates these TOU or is otherwise unlawful by sending an email to [INSERT EMAIL ADDRESS] (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend that you seek legal advice from a qualified, licensed attorney in your State.
You agree that PuppyPals may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including, without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that PuppyPals has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that PuppyPals has the right to change these general practices and limits at any time, in its sole and absolute discretion, with or without notice.
- SERVICE PROVIDERS
PuppyPals does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third-party or Service Provider (which includes, but is not limited to, veterinarian or other pet care providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from or through any third-party or Service Provider (which includes, but is not limited to, veterinarians or other pet care providers). PuppyPals is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of, any Service Provider (which includes, but is not limited to, veterinarians or other pet care providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, veterinarians or other pet care providers) exclusively and do not involve PuppyPals. You should undertake whatever investigation or research other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, veterinarians or other pet care providers).
Third-parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third-party or Service Provider websites. PuppyPals does not control or operate any such third-party or Service Provider websites. Any information you provide to these third-party or Service Provider websites while on these third-party or Service Provider websites is subject to the respective policies of those
third-parties or Service Providers, and not PuppyPals’s policies. It is your responsibility to review such third-party or Service Provider policies, including, without limitation, any relevant “Privacy Policies”. You agree that PuppyPals will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through, these outside websites or for your use or inability to use such websites. PuppyPals does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you might be requested to give to any third-party or Service Provider sites. You use these third-party or Service Provider websites at your own risk.
You agree that PuppyPals is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, veterinarians or other pet care providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against PuppyPals relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, veterinarians or other pet care providers), and release PuppyPals from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, veterinarians or other pet care providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such
third-party. You agree that PuppyPals shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties or Service Providers on the PuppyPals Sites and Services.
- VETERINARIANS AND OTHER PET CARE PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding a pet’s medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think your pet has a medical emergency, promptly call your local veterinarian or, if the circumstances so dictate, immediately seek care from an appropriate emergency veterinarian service. PuppyPals does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. PuppyPals is not a veterinarian or pet care provider and cannot recommend or refer you to any veterinarian or other pet care provider. Reliance on any information provided by PuppyPals, its employees, others appearing on the Sites and Services at the invitation of PuppyPals, or other visitors to the Sites and Services is solely at your own risk.
You also acknowledge that the veterinarian or pet care provider about whom you submit Content may submit Content that contains your private or confidential information in response to Content you submit. PuppyPals is not liable for any such Content. PuppyPals cannot be reasonably expected to keep your private information confidential if you post it to the Sites or Services or otherwise make it available to others.
- TERMINATION OF ACCESS
PuppyPals may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that PuppyPals reserves the right to take action—whether administratively, technically, legally, or otherwise—to block, nullify, deny, or prevent your ability to access the Sites and Services. You understand that PuppyPals may exercise this right in its sole and absolute discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to PuppyPals.
All provisions of these TOU which by their plain language, literal interpretation, and nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
- TRADEMARKS AND COPYRIGHTS
PuppyPals, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of PuppyPals in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion or a violation of applicable federal and State laws.
You should assume all Content and materials made available or broadcasted on the Sites and Services are protected by applicable intellectual property laws, including, but not limited to, copyright law, trademark law, patent law, and right of publicity. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of PuppyPals and/or its licensors and are protected by all United States and international copyright laws.
- COPYRIGHT INFRINGEMENT
PuppyPals respects the intellectual property rights of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
Notifying PuppyPals of Copyright Infringement: To provide us with notice of an alleged infringement, you must provide a written communication to the attention of RSS@STULAWGROUP.COM that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. Please furnish all of the following information in your infringement notice:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Providing PuppyPals with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of RSS@STULAWGROUP.COM that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, please consult with a qualified, licensed attorney.
- DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. PuppyPals is not responsible for any delays, failures or other damage resulting from such problems.
- END-USER FEEDBACK
PuppyPals appreciates hearing from you, as well as our other end-users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of PuppyPals. In addition, none of the Submissions will be subject to any obligations of confidentiality and PuppyPals will not be liable for any future use or disclosure of such Submissions.
- WARRANTIES AND DISCLAIMERS
You acknowledge that PuppyPals has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release PuppyPals from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. PuppyPals makes no representations concerning any content contained in or accessed through the Sites and Services, and PuppyPals will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. PuppyPals makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER PUPPYPALS NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF PUPPYPALS, COMPUTER VIRUS OR OTHER SIMILAR ISSUE, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO COMPUTER OR PUPPYPALS ACCOUNT, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD-PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL PUPPYPALS OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL PUPPYPALS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUPPYPALS OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TOU, PUPPYPALS DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PUPPYPALS’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PUPPYPALS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PUPPYPALS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
PuppyPals has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release PuppyPals from all liability for you having acquired or not acquired Content through the Sites and Services. PuppyPals makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and PuppyPals will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because PuppyPals has no control over such sites and resources, you acknowledge and agree that PuppyPals is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PuppyPals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify, defend and hold harmless PuppyPals, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers (collectively, the “Released Parties”) from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these TOU by you; (b) the inaccurate or untruthful Content or other information provided by you to PuppyPals or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. PuppyPals will have sole control of the defense of any such damage or claim.
- LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGED, UNDERSTAND, AND AGREE THAT PUPPYPALS, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PUPPYPALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD-PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TOU BY PUPPYPALS OR THE FAILURE OF PUPPYPALS TO PROVIDE THE SERVICES UNDER THESE TOU; OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT PUPPYPALS, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TOU OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- BREACH OF TOU AND LIQUIDATED DAMAGES
You understand that the content in each report or record on PuppyPals has significant value to PuppyPals and that the damage caused to PuppyPals for any violation of these TOU pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of PuppyPals’s damages for the specified breaches of these TOU:
- If you post Content in violation of these TOU, you agree to promptly pay PuppyPals ONE THOUSAND DOLLARS ($1,000.00) for each item of Content posted in violation of these TOU. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these TOU, you agree to pay ONE HUNDRED DOLLARS ($100.00) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay ONE HUNDRED DOLLARS ($100.00) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by PuppyPals, including, but not limited to reasonable attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these TOU, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these TOU, or any combination thereof.
By use of the Sites and Services, you consent to receive electronic communications from PuppyPals (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that PuppyPals may communicate any notices to you under these TOU, through electronic mail, regular mail or posting the notices on the Sites and Services. All notices to PuppyPals will be provided by either sending: (i) an email to [INSERT EMAIL ADDRESS]; (ii) a facsimile to [INSERT FAX #], with automatic acknowledgment of transmission; or (iii) a letter via USPS certified, first-class, return receipt requested, or UPS or FedEx, with electronic confirmation of delivery, addressed to PuppyPals, [INSERT ADDRESS], Attn: [INSERT DEPT OR ADDRESSEE]. Such notices will be deemed delivered upon the notice sender’s receipt of confirmation that delivery has been effectuated.
- ENTIRE AGREEMENT
- GOVERNING LAW
These TOU and the relationship between you and PuppyPals will be interpreted, governed, and controlled by the internal, substantive laws of the State of Georgia, without giving any effect whatsoever to its choice of law principles that would require the application of the laws of another State. You hereby agree and consent to the exclusive jurisdiction of the State or federal courts located in the City of Atlanta, Fulton County, Georgia, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that PuppyPals may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these TOU shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
If you breach any term of these TOU or other agreement with PuppyPals, PuppyPals may pursue any legal or equitable remedy available, including, but not limited to, direct, consequential, and punitive damages and injunctive relief. PuppyPals’s remedies are cumulative and not exclusive. Failure of PuppyPals to exercise any remedy or enforce any portion of the TOU at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These TOU are not assignable, transferable, or sublicensable by you, except with PuppyPals’s prior express written consent. We may transfer, assign or delegate the TOU and our rights and obligations without consent. Users of the Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment, or agency relationship exists between you and PuppyPals as a result or by virtue of these TOU or your use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these TOU.
- CONTACTS WITH PUPPYPALS
If you have any comments or questions regarding these TOU, or wish to report any violation of these TOU, please contact us responsibly at [ ], or as provided in Section 19 (Notices) above. We will undertake commercially reasonable efforts to remediate any valid issues in such time and manner as are necessary under the circumstances.