Welcome to TipsForDogParents.com, a website (the “Website”) that provides content for dog owners and enthusiasts. By using or visiting the Website, you agree to comply with, and be bound by, the following terms and conditions (the “Terms of Service”) and all applicable laws and regulations. Please review the following Terms of Service carefully. If you do not agree to these Terms of Service, you may not access or use the Website and you should immediately exit the Website. These Terms of Service are effective as to all users of the Website as of October 16, 2009. The terms “Company,” “we,” and “our” refer to Tips For Dog Parents, Inc., the owner of TipsForDogParents.com. The terms “you” and “your” refer to the user or viewer of the Website.
The Company reserves the right to modify these Terms of Service periodically in its sole discretion. Your continued use of the Website after any such change will constitute your acceptance of the changes and of the revised Terms of Service. Accordingly, it is your responsibility to review these Terms of Service regularly so that you are aware of any changes and updates. If you do not agree to any changes to these Terms of Service, you must discontinue your use of the Website.
With the exception of third party materials as addressed below, all content available on the Website including, without limitation, text, photographs, images, graphics, designs, audio, video, and files (the “Content”) is proprietary to, property of, and solely owned by the Company. The Content is protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights in and to such Content.
The name and mark “Tips for Dog Parents” and any other names, marks, logos, graphics, designs, web/page designs, and icons of the Company used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of the Company (the “Marks”). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you shall not be permitted to use any of the Marks or any other names or marks that are similar to, or likely to cause confusion with, any Marks.
2. Restrictions on Use
Except solely as necessary for you to access the Website for its intended purpose, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, sublicense or sell the Content or any portion thereof. Any unauthorized use of the Content may violate copyright law, trademark law, or other applicable laws and regulations and will result in the automatic termination of your right to access and use the Website. The Company reserves the right at any time to block your access to the Website. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.
3. Third Party Content and Services
The Website may contain links to third party websites and content (including, without limitation, text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. The Company is not responsible for, does not monitor or investigate, and does not verify the accuracy, appropriateness, completeness, or the opinions or views expressed on or in such websites or content. The Company’s inclusion of any linked website or third party content on the Website does not imply approval, partnership, or endorsement of such website or content by the Company. If you follow a link to a third party website or otherwise access a third party website, solicit advice from a third party, visit a third party’s physical location, or purchase products or services from a third party (including pet products or services and purchased or adopted pets), you do so solely at your own risk, and the Company’s Privacy Policy and other policies and practices, including these Terms of Service, do not apply. The Company takes no responsibility for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers. The Company is not responsible for the conduct, whether online or offline, of any user of the Website. Reference to any products, services, content, or other information, whether by trade name, trademark, service mark, manufacturer, supplier, or otherwise, does not constitute or imply sponsorship, endorsement, or recommendation by, or any affiliation with, the Company.
4. Changes to Service and Suspension of Service
The Company reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Website or any and all content, applications, materials, and other items used or contained in the Website at any time and from time to time and without notice or explanation, for any or no reason, and without the Company having any liability to you.
The Company reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to the Website or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without the Company having any liability to you.
5. Privacy
The privacy of users is important to the Company. Click here to view the Company’s Privacy Policy, which is incorporated into these Terms of Service by reference and forms a part of these Terms of Service. By using the Website, you thereby consent to have your personal data transferred to, and processed in, the United States.
You shall not upload to, or distribute or otherwise publish on the Website any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam.” You agree not to use language that discriminates against or abuses others, including, without limitation, on the basis of race, religion, nationality, gender, sexual preference, age, region, or disability. You shall not, without the express written approval of the Company, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge that any submissions you make to the Website (i.e., user-generated content including, without limitation: comments, forum messages, reviews, stories, tips, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by the Company and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
You hereby grant to the Company a non-exclusive, perpetual, worldwide, royalty-free, sublicenseable license to each Submission. The Company may use each Submission in any manner, including, without limitation: preparing and distributing derivative works of each Submission; reproducing each Submission or any such derivative works for any purpose (commercial or otherwise); publicly displaying each Submission or such derivative works; changing or modifying each Submission; and using each Submission or such derivative works in any way to market or promote the Company. By making a Submission, you are consenting to its display on the Website and for related online and offline promotional uses.
You are solely responsible for the content of your Submissions. The Company does not and cannot review every Submission and is not responsible for the content of your Submissions and the Company reserves the right to delete, move, or edit a Submission including, without limitation, any Submission that the Company, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or is otherwise unacceptable to the Company.
You represent and warrant to the Company that (i) you have all rights necessary to effectuate the terms of this Agreement; (ii) you are the original author and sole creator of each Submission; (iii) each Submission does not contain any trademarks, logos, copyrighted material, or other intellectual property belonging to any third party; (iv) no use of a Submission will infringe upon or violate any personal, proprietary, or other right of any third party; and (v) each Submission does not contain any material that is profane, libelous, or offensive.
7. Additional Terms and Conditions for Commercial Transactions
Additional terms and conditions may apply to purchases of goods or services or to specific portions or features of the Website, including surveys, contests, promotions, or other similar features. You agree to abide by such additional terms and conditions, including, if applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the additional terms and conditions posted for or applicable to a specific portion of the Website or for any other service offered on or through the Website, such additional terms and conditions shall control with respect to your use of that portion of the Website or the other service.
The Company’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and, unless otherwise indicated, nothing on this Website or these Terms of Service should be construed to alter such agreements. The Company may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without the Company having any liability to you.
As experts’ opinions vary and due to the complexities and constant changes in the canine industry, it is important that you always seek care and advice from your local veterinarian who can specifically attend to your dog’s health, safety, and well-being.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT, APPLICATIONS OR MATERIALS PROVIDED BY OR ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE WEBSITE OR DOWNLOADED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR MAILING LISTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING.
TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION 8, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION 8 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR USE OF THE WEBSITE OR ANY SERVICE PROVIDED THEREIN. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF DAMAGES AS SET FORTH ABOVE, THE AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH THROUGHOUT THIS SECTION 9 AND THESE TERMS OF SERVICE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 9 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR OF YOUR USE OF THE WEBSITE.
The internal laws of the State of Illinois, excluding its conflict of laws principles, shall govern these Terms of Service and any dispute between you and the Company or any of its officers, directors, affiliates, or employees. YOU AND THE COMPANY HEREBY CONSENT TO AND AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED WITHIN COOK COUNTY, ILLINOIS WITH RESPECT TO ANY DISPUTE ARISING FROM YOUR USE OF THE WEBSITE OR THESE TERMS OF SERVICE OR ANY OTHER DISPUTE BETWEEN YOU AND THE COMPANY. EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE ARISING OUT OF, OR RELATING TO, USE OF THE WEBSITE AND THESE TERMS OF SERVICE. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction of, and venue in, the state and federal courts of Cook County, Illinois. The obligations set forth in this Section 10 shall survive any termination or expiration of these Terms of Service or of your use of the Website.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You shall indemnify and hold harmless the Company, its affiliates and their directors, officers, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs, and expenses (including reasonable attorneys’ fees and costs of investigation), arising out of, or related to, (a) your use of the Website, (b) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term, or condition set forth herein, or (c) your violation of any law or regulation or of any third party rights, including infringement, misappropriation, or other violation of any third party’s intellectual property rights. The obligations set forth in this Section 11 shall survive any termination or expiration of these Terms of Service or of your use of the Website.
12. Eligibility and Registration for Mailing List
Registration for access to any e-newsletter or mailing list of the Website (a “Mailing List”) is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. Registration for any Mailing List on the Website is limited to users thirteen (13) years of age or older. Any registration by any user under thirteen (13) years of age is expressly prohibited. By submitting registration information, you represent and warrant that you are thirteen (13) years of age or older, that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that you agree to abide by the terms and conditions of these Terms of Service, and that your registration does not and will not violate any applicable law or regulation. A person who is eligible and desires to join a Mailing List may, upon consenting to these Terms of Service, submit an application to register in accordance with the procedures set forth by the Company.
The Company reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to any emails, communications, or Mailing Lists sent from the Company, with or without prior notice or explanation, for any or no reason, without the Company having any liability to you.
13. Fees
The Company reserves the right to institute a fee for access to the Website or any portion of the Website or any service provided by the Website in its sole discretion. You will not be charged any fee that you do not expressly agree to incur, although your access to the Website may be limited or terminated if you do not agree to pay any such fee after it is imposed.
14. Miscellaneous
By using or visiting the Website, you accept these Terms of Service. These Terms of Service, along with the Privacy Policy referenced herein, constitute the entire agreement between you and the Company regarding your use of the Website, and supersedes all prior or contemporaneous communications and proposals with respect to your use of the Website. These Terms of Service operate to the fullest extent permissible by applicable law. If any provision of these Terms of Service is determined to be invalid or unenforceable, such provision shall be deemed severed from these Terms of Service and the remaining provisions of these Terms of Service shall not be affected and shall continue to be binding upon the parties and enforceable. The headings used for the sections in these Terms of Service are for convenience and reference purposes only and shall in no way affect the meaning or interpretation of these Terms of Service. The failure of the Company to insist upon strict performance of any of the provisions contained in these Terms of Service shall not constitute a waiver of its rights, at law or in equity, and shall not constitute a waiver of any other provision or subsequent default by you in the performance of, or compliance with, any of the terms and conditions set forth in these Terms of Service. These Terms of Service and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. The Company may freely assign these Terms of Service and its rights and obligations hereunder without restriction.
