| Our Website The Terms govern your use of this website only. This website may contain hyperlinks to other websites controlled by third parties. Our website’s incorporation of such links implies no endorsement or affiliation with any of the linked sites. We are not responsible for the contents or use of any linked site. By using our website, you expressly relieve us from any and all liability arising from your use of any linked website. Accordingly, we encourage you to be aware when you leave our website and to read the terms and conditions and privacy policy of each website that you visit. Similarly, your correspondence, business dealings with, or participation in promotions of advertisers found on or through our website (including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser. You agree that we will not be responsible or liable 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 advertisers on our website.
Fees and Risk of Loss
For all charges for any products and services sold on the website, we will bill your credit card. In the event legal action is needed to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
We attempt to describe our products as accurately as possible. We do not, however, warrant that product descriptions are accurate, complete, reliable, current, or error-free. If you feel that a product offered by us is not as described, your sole remedy is to return it to us in unused condition.
Termination of Site Use
We may terminate your rights to use this website without notice if you fail to comply with any of these Terms or for any reason in our sole discretion. You will be personally liable for any orders you place or charges that you incur prior to your termination. We reserve the right to change, suspend, or discontinue all or any aspects of our website at any time, without prior notice to you.
Forums and Public Communication
We may offer Forums to you as a way to make our website fun and to allow you to create communities with other pet owners and people sharing your interests. When we use the term “Forum,” we mean a chat area, bulletin board, or email function offered as a part of our website where you can contribute photographs, text, data, software, music, sound, photographs, graphics, video, messages tags, or other materials (“Content”) for public viewing or access. You agree that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you (and not we) are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the a Forum or elsewhere on our website. We don’t control the Content posted on our Forums or elsewhere website and, as such, we don’t guarantee the accuracy, integrity or quality of such Content. You understand that by using the Forums or other places on our website where users may be permitted to post or transmit Content, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our website. You agree that you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Participation in the Forums
You agree that you will not use a Forum or this website to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, racially or otherwise hateful, or otherwise objectionable; Harm minors in any way; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam chain letters, pyramid schemes, or any other form of unauthorized solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the website, related services, or servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to our website or related services; Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; Stalk or otherwise harass another.
Content Posted to Forums
You acknowledge that we may or may not pre-screen Content, but that we will have the right in our sole discretion to pre-screen, refuse, or move any Content that is available via the our website. Without limiting the foregoing, we will have the right to remove any Content that violates the Terms or is otherwise objectionable in our sole discretion.
We assert no ownership rights over the Content you post, transmit, or otherwise make available for inclusion on the Forums or elsewhere on our website. With respect to such Content, however, you grant us a worldwide, royalty-free, perpetual, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display and make derivative works from such Content on the Forums, anywhere on our website, or elsewhere and in any media for the purpose of providing, promoting or advertising our website and related services. You acknowledge and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ourselves, our users, and our public.
Disclaimer
Your use and browsing of this website are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR OUR SERVER THAT MAKES SUCH MATERIAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE MATERIALS ON THIS SITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You will defend, indemnify, and hold us (and any affiliated company or individual) harmless from: (i) your use of and access of our website; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of our website.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement We respect the intellectual property of others, and we ask that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office web site at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
DMCA Notice of Alleged Infringement (Notice)
1. Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
By mail:
Copyright Agent
c/o whataluckypet.com
Address: PO Box 203, Eastsound, WA 98245
By phone: 866-469-9257
By fax: 360-376-7467
By email: dcma@whataluckypet.com
While we consider all such notices seriously, you may be liable for damages (including costs and attorneys fees) if you materially misrepresent that Content or activity is infringing. For example, one case ordered a company that sent infringement notification seeking removal of online materials that were protected by copyrights fair use doctrine to pay such costs and attorneys fees. The company agreed to pay over $100,000. For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether material infringes your copyright (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
General Legal Stuff
These terms of use will be governed by laws of the state of Washington without respect to its conflict of laws provision. Any claim or dispute between you and us that arises in whole or in part from this website will be decided exclusively by a law of competent jurisdiction located in King County Washington. These Terms, together with the privacy policy located at http://www.whataluckypet.com/privacypolicy.html and any other legal notice published by us on this website constitute the entire agreement between you and us concerning this website. If any provision of these terms is deemed invalid by a court of competent jurisdiction then the invalidity of such provision will not affect the validity of the remaining provisions of these Terms. Our failure to insist on or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
(c) whataluckypet.com, 2007
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