Terms of Use

Welcome to our website located at www.onpets.com (“Site”). This Site is operated by Onpets, LLC (“we,” “us” and “our”) and allows you to: (a) register to participate in the Site discussion topics by posting comments to existing topics and starting new topics; or (b) simply view this Site (collectively, the “Services”). We prepared this Terms of Use Agreement (this “Agreement”) to help explain the terms that apply to your use of this Site.

You do not have to register or create a profile to view the site. To participate in the discussion topics, you must first register with us through our on-line registration process on this Site. Regardless of how you decide to use this Site, your conduct on this Site is governed by this Agreement.

Your Use of this Site and Affirmative Representations. When you use this Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of this Site and your use of services available on this Site do not violate any applicable law or regulation; and (d) you will comply with the rules for on-line conduct and making Contributions to this Site, as discussed in sections below.

Use and Protection of User Name (Account Number) and Password. If you register and set up a profile, we may ask you to create or we may provide you with a user name and password.

You are responsible for maintaining the confidentiality of your user name and password, if applicable.  You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

PLEASE READ OUR PRIVACY POLICY AVAILABLE HERE TO UNDERSTAND YOUR PRIVACY PROTECTIONS.

IF YOU PROVIDE YOUR USER NAME AND PASSWORD TO A THIRD PARTY, THE THIRD PARTY MAY BE ABLE TO VIEW ALL INFORMATION ON YOUR PROFILE PAGE, AND THEY MAY MISUSE THIS INFORMATION. USE CAUTION AND COMMON SENSE IN DECIDING WHO TO SHARE YOUR ACCOUNT NUMBER AND PASSWORD WITH.

IF YOUR USER NAME AND PASSWORD ARE LOST OR STOLEN, PLEASE IMMEDIATELY REPORT IT TO US BY EMAILING US AT:  support@onpets.com.

Rules Governing Contributions. This Site may enable you to upload materials including without limitation photos to your profile page. You are entirely responsible for the content of, and any harm resulting from, any of your submissions to this Site (collectively, “Contributions”). When you create or make available a Contribution, you represent and warrant that you:

(a) will not submit or permit or encourage any third party to submit false or misleading information to the Site or falsely convey inaccurate information about yourself or a third party;

(b) will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights or contract rights;

(c) will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent;

(d) will not install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;

(e) will not interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; or

(f) will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

Our Intellectual Property Rights. All of the content on this Site, including any Contributions you make (“Materials”), the trademarks, service marks, and logos contained on this Site (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to this Site and the Materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or features that: (a) prevent or restrict use or copying of any Materials or (b) enforce limitations on use of this Site or the Materials on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

Our Site Management. We may, but are not required to: (a) monitor or review this Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies; and/or (d) manage this Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Site.

Our Right to Terminate Users. Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability deny access to and use of this Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation.

Term and Survival. This Agreement shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time, for any reason, by sending us an email at: support@onpets.com.   Upon termination of your profile for any reason, you will no longer be able to participate in the Site discussion topics. The terms of this Agreement will survive termination of this Agreement for any reason.

Modifications. The Internet and related technology are rapidly changing. Accordingly, we may modify this Agreement from time to time. If we have your current email address, we will email you to notify you of the changes. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to this Site in order to be able to continue to use the interactive portions of this Site. We will also put any revised versions of this Agreement on this Site with a notice advising of the change. It is therefore important that you regularly check this Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.

Disputes Between Users. You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any other user.

Disputes with Us, Choice of Law and Forum. All disputes arising out of or relating to this Agreement or your use of this Site shall be subject to binding arbitration in Miami, Florida, in accordance with the rules of the American Arbitra­tion Association (“AAA”). The arbitrator shall apply the substantive laws of the State of Florida without regard to its choice of law provisions. Any award rendered thereon by the arbitrator shall be final and binding on the parties and may be enforced as a judgment by any court of competent jurisdiction. Each party will be responsible for its own costs relating to any such dispute resolution process.

Disclaimers.

THIS SITE AND ALL INFORMATION PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, AND WE cannot guarantee and do not promise any specific results from use of this Site. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, CONTRIBUTIONS AND MATERIALS, (B) PERSONAL INJURY OR HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTRIBUTIONS, CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, CONTRIBUTIONS, OR MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US.

Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Contributions or any false information you post to this Site, your use of this Site, Contributions, or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Amazon Associates Program. This Site is a participant in the Amazon Services, LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.onpets.amazon.com.

Miscellaneous.

Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

No Third Party Beneficiaries. This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.

Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment. You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.

No Modification. No written or oral modification to this Agreement shall be binding upon us unless it is signed in writing by one of our officers.

 

 

This Agreement was last updated on: September 11, 2014.