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Terms of Use

Please Read Carefully Before Using This Web Site

Contents
1. ACCEPTANCE OF TERMS THROUGH USE

2. YOU MUST BE OVER 18 TO USE THIS SITE

3. LINKS AND FRAMING

4. LICENSE TO USE THIS SITE

5. LICENSE RESTRICTIONS

5.1. Use

5.2. Security

5.3. International Users

5.4. Export

5.5. Government Use

6. USER'S LICENSE GRANT TO SITE

7. TRADEMARKS

8. THIRD PARTY TIES

9. DISCLAIMER OF WARRANTIES

10. LIMITATION OF LIABILITY

11. INDEMNIFICATION

12. CHOICE OF LAW AND FORUM

13. COPYRIGHT INFRINGEMENT

14. MISCELLANEOUS

15. SITE SUBMISSION RULES

1. ACCEPTANCE OF TERMS THROUGH USE

Welcome to the Internet Site of GoPetsAmerica.com, which is owned and operated by Go Pets America, Inc. (referred herein as "GoPetsAmerica.com").

These Terms and Conditions constitute a contract between you and GoPetsAmerica.com. Use of this site signifies your agreement to the below terms and conditions. If you do not agree to this Agreement please do not use this site. Please check this Agreement periodically for changes as GoPetsAmerica.com reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. GoPetsAmerica.com reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.

2. YOU MUST BE OVER 18 TO USE THIS SITE

Use of this site is restricted to persons over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email GoPetsAmerica.com with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.

3. LINKS AND FRAMING

GoPetsAmerica.com grants you a non-exclusive, non-transferable limited license to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by GoPetsAmerica.com. However, you may not, without the prior written permission of GoPetsAmerica.com, frame any of the content of the site, or incorporate into another website or other service any intellectual property of GoPetsAmerica.com, its parent or affiliate companies or its licensors. This non-exclusive, non-transferable limited license may be revoked by GoPetsAmerica.com at any time.

4. LICENSE TO USE THIS SITE

GoPetsAmerica.com grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of Go Pets America, Inc. and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by GoPetsAmerica.com, its advertisers and licensors.

5. LICENSE RESTRICTIONS

     5.1 Use

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from GoPetsAmerica.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that GoPetsAmerica.com shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

     5.2 Security

You agree that if you are issued a Password by GoPetsAmerica.com, you shall use your best efforts to prevent access to this site through your Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying GoPetsAmerica.com immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Password not easily guessed by a third party.

     5.3 International Users

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.

     5.4 Export

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

     5.5 Government Use

If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

6. USER'S LICENSE GRANT TO SITE

Except with regard to personal information, all information which you post on this site or communicate to GoPetsAmerica.com through this site (collectively "Submissions") shall forever be the property of GoPetsAmerica.com. You agree to the Site Submission Rules found here as part of this Agreement. GoPetsAmerica.com shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future GoPetsAmerica.com services or products. Without limitation, GoPetsAmerica.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

7. TRADEMARKS

GoPetsAmerica.com's, licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.

8. THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of GoPetsAmerica.com, are not monitored or reviewed by GoPetsAmerica.com, and GoPetsAmerica.com is not aware of the contents of such sites. You acknowledge that GoPetsAmerica.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by GoPetsAmerica.com, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that GoPetsAmerica.com and its licensors have no liability whatsoever from such third party sites and your usage of them.

9. DISCLAIMER OF WARRANTIES

GOPETSAMERICA.COM, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GOPETSAMERICA.COM, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GOPETSAMERICA.COM, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GOPETSAMERICA.COM, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GOPETSAMERICA.COM, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GOPETSAMERICA.COM, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GoPetsAmerica.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. GoPetsAmerica.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with GoPetsAmerica.com in asserting any available defenses.

12. CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by GoPetsAmerica.com from its offices within the State of Georgia, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Georgia, by accessing this site, both you and GoPetsAmerica.com agree that the statues and laws of the state of Georgia shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and GoPetsAmerica.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Georgia and any legal proceedings shall be conducted in English. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

13. COPYRIGHT INFRINGEMENT

GoPetsAmerica.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

For copyright infringement on Gopetsamerica.com's site please contact info@gopetsamerica.com

14. MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of GoPetsAmerica.com. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.

15. SITE SUBMISSION RULES

By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.

This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.

You agree to defend, indemnify, and hold harmless GoPetsAmerica.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your posting or otherwise transmitting information to or through this site. GoPetsAmerica.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with GoPetsAmerica.com in asserting any available defenses.

GoPetsAmerica.com reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.

 

 

 

 


 


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