The Pet Promenade.com Web Site Agreement
The The Pet Promenade.com Web Site (the "Site")
is an online information service provided
by The Pet Promenade.com ("The Pet Promenade.com
"), subject to your compliance with the
terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. The Pet
Promenade.com MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. 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 The Pet Promenade.com, 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 The Pet Promenade.com 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)
y!
ou submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups)
or by e-mail to The Pet Promenade.com by all
means and in any media now known or hereafter
developed. You also grant to The Pet Promenade.com
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 The Pet Promenade.com for
any alleged or actual infringement or misappropriation
of any proprietary right in your communications
to The Pet Promenade.com.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or servicemarks of The Pet Promenade.com.
Other product and company names mentioned
in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as
being supplied by The Pet Promenade.com, The
Pet Promenade.comdoes not operate, control
or endorse any information, products or services
on the Internet in any way. Except for The
Pet Promenade.com- 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 are not affiliated with The
Pet Promenade.com a. You also understand that
The Pet Promenade.com 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 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 th!
e reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. The
Pet Promenade.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND The Pet Promenade.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH 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 OR ON THE INTERNET GENERALLY.
The Pet Promenade.com DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN!
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE
OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS
IS AT YOUR RISK. The Pet Promenade.com HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL The Pet Promenade.com BE
LIABLE FOR (I) 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 The
Pet Promenade.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, The Pet Promenade.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
The Pet Promenade.com 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-The
Pet Promenade.com web site, please understand
that it is independent from The Pet Promenade.com,
and that The Pet Promenade.com has no control
over the content on that web site. In addition,
a link to a The Pet Promenade.com web site
does not mean that The Pet Promenade.com endorses
or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
The Pet Promenade.com, its officers, directors,
employees, agents, licensors, suppliers and
any third party information 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.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for
the benefit of The Pet Promenade.com and its
officers, directors, employees, agents, licensors,
suppliers, and any third party information
providers to the Service. Each of these individuals
or entities shall have the right to assert
and enforce those provisions directly against
you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either
party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
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 The Pet Promenade.com
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. The Pet Promenade.com'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. The
Pet Promenad!
e.com may assign its rights and duties under
this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are
reserved.