TERMS AND CONDITIONS OF USE
COPYRIGHT, LICENSES AND IDEA SUBMISSIONS.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are PET EXTREME, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to PET EXTREME a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to PET EXTREME by all means and in any media now known or hereafter developed. You also grant to PET EXTREME the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against PET EXTREME for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PET EXTREME.
Publications, products, content or services referenced herein or on the Site are the exclusive or registered trademarks or servicemarks of PET EXTREME. Other product and company names mentioned in the Site may be the trademarks or servicemarks of their respective owners.
USE OF THE SITE.
You understand that, except for information, products or services clearly identified as being supplied by PET EXTREME, PET EXTREME does not operate, control or endorse any information, products or services on the Internet in any way. Except for PET EXTREME-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that may or may not be affiliated with PET EXTREME.
By using our Site, you agree to comply with all local and United States laws and rules regarding acceptable and appropriate online conduct and that you are solely responsible for your conduct and for the items that you post to public areas of our Site. You further agree that any posting to public areas of our Site will be true, accurate and not misleading, and that such posting will not infringe on any person’s, entity’s or third party’s copyrights, trademarks, servicemarks, patents, trade secrets, intellectual properties, proprietary rights or any other property.
In all areas of the Site where external data has been quoted or used in whole or in part, including but not limited to products and product information, topics and topic information, partners and partner information and the like, PET EXTREME notes such use and provides full source credit, however use and provision of any such notes or credits to external data does not represent an endorsement by PET EXTREME of such external data.
PET EXTREME makes no representations whatsoever about any other web Site which you may access through this one or which may link to this Site. When you access a non-PET EXTREME web site, please understand that it is independent from PET EXTREME, and that PET EXTREME has no control over the content on that web site. In addition, a link to the PET EXTREME Site does not indicate that PET EXTREME endorses or accepts any responsibility for the content, or the use, of such web site.
PET EXTREME provides information, articles, topics and advice on this Site for educational purposes and use only. Any such information provision through or on this Site is not intended to diagnose, treat, or cure your pet, and is not to be construed as a substitute for veterinary care provided by a licensed veterinarian.
Where internet contests are provided or offered on our Site, the officers, directors and employees of PET EXTREME and their immediate same-household members are prohibited, for the purpose of avoiding impropriety or the appearance of impropriety, from participation in any such offerings.
DISCLAIMER OF ALL WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PET EXTREME PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND ON AN “AS-AVAILABLE” BASIS AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR SERVICE OR ON THE INTERNET GENERALLY, AND PET EXTREME, ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AFFILIATES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, MERCHANTS, SPONSORS, SUBSIDIZERS OR SUPPLIERS (COLLECTIVELY, “THIRD PARTIES”), SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE, SITE OR ON THE INTERNET GENERALLY. PET EXTREME DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO INFORMATION OR ADVICE WHETHER IN WRITTEN OR ORAL FORM GIVEN BY PET EXTREME, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ITS THIRD PARTIES SHALL CREATE OR CONSTITUTE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
Pet Extreme has no control over and accepts no responsibility whatsoever for user postings to public areas of the Site including but not limited to comments, bulletin boards, forums, newsgroups, links and the like (collectively “public areas”). PET EXTREME, at our sole discretion reserves the right to edit, or delete any user postings that we believe to be, due to language, content, intent or implied intent, offensive, obscene, inappropriate, threatening, fraudulent, harassing, libelous, unlawful or in any other manner objectionable. This includes but is not limited to comments posted concerning PET EXTREME’s officers, directors, employees and third parties. PET EXTREME further reserves the right to report to the appropriate law enforcement officials any posting construed to be a threat, whether direct or indirect, to any individual, private or public entity, or to government or national security.
You also understand that PET EXTREME cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code including ANY CODE EITHER NOW KNOWN OR DEVELOPED IN THE FUTURE that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
LIMITATION OF LIABILITY.
IN NO EVENT WILL PET EXTREME BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF PET EXTREME OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
ERRORS WITHIN THE SITE.
Prices and availability of products and services are subject to change without notice. PET EXTREME will correct errors where discovered and PET EXTREME reserves the right to revoke or change any and all stated offers, prices, promotions, promotional offers, coupon offers and the like, and to correct any errors, inaccuracies or omissions. Online prices AND OFFERS are exclusive of sales taxes, and selection AND PRICING may vary between our retail stores and our Site, and are subject to change. PET EXTREME reserves the right to limit sales OF items or quantities, and retains the right to refuse sales to resellers. PET EXTREME cannot guarantee that the colors you see will accurately match the colors associated with a given product, the display of color may be partially relative to your specific computer display monitor.
You agree to indemnify, defend and hold harmless PET EXTREME, its officers, directors, employees and third party information or substance providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service. The provisions of USE OF THE SITE and INDEMNIFICATION are for the benefit of PET EXTREME and its officers, directors, employees, and third parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between PET EXTREME and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PET EXTREME’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PET EXTREME may assign its rights and duties under this Agreement to any party at any time without notice to you.
TERM AND TERMINATION.
This Agreement may be terminated without notice at any time for any reason. The provisions of COPYRIGHT, LICENSES AND IDEA SUBMISSIONS, TRADEMARKS, USE OF THE SITE, DISCLAIMER OF ALL WARRANTIES, LIMITATION OF LIABILITY, ERRORS WITHIN THE SITE, MISCELLANEOUS, and INDEMNIFICATION, shall survive any termination of this Agreement.
Any rights not expressly granted herein are reserved.