USER AGREEMENT
The AWOLPET.com Service ("AWOLPET.com Service" or the
"Service"), owned and operated by AWOLPET.com, Inc. (“AWOLPET.com”)
is provided to you ("you" or "User") under the terms and
conditions of this User Agreement and any amendments thereto and any operating
rules or policies (collectively, the "Agreement"). AWOLPET.com reserves the right, in its sole
discretion, to change, modify, add or remove all or part of the Agreement at
any time. User will receive notice of
such changes and/or modifications pursuant to Section 12 regarding notices.
1.0 GENERAL
1.1 By accepting the terms and
conditions of the Agreement, User (a) represents and warrants that he or she is
18 years old or older; (b) agrees to provide true, accurate, current and
complete information about User as prompted in the account registration
process; and (c) agrees to maintain and update this information to keep it
true, accurate, current and complete.
If any information provided by User is untrue, inaccurate, not current
or incomplete, AWOLPET.com has the right to terminate User’s account and refuse
any and all current or future use of the Service.
1.2 BY COMPLETING THE ACCOUNT
REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO
BE BOUND BY THE AGREEMENT.
2.0 DESCRIPTION OF AWOLPET.COM
SERVICE
AWOLPET.com provides on online registry in which Users can enter certain
information concerning their pets.
3.0 USER'S OBLIGATIONS
User acknowledges and agrees that he or she shall be responsible for all acts
or omissions that occur in connection with User's account or password.
4.0 PROPRIETARY RIGHTS
4.1 AWOLPET.com
Intellectual Property. User
acknowledges and agrees that content available from AWOLPET.com or the Service,
including but not limited to text, software, music, sound, logos, trademarks,
service marks, photographs, graphics, or video, is protected by copyright,
trademark, patent, or other proprietary rights and laws, and may not be used in
any manner other than as specified in this agreement. Specifically, AWOLPET.com is a registered trademark of
AWOLPET.com, this entire site and all content displayed on it is the
copyrighted work of AWOLPET.com and the Service and the software code and other
elements associated with it are the subject of at least one pending patent
application.
4.2 User's Property. User agrees that by using the Service, and
subject to the terms of the AWOLPET.com Privacy Policy, User grants
AWOLPET.com, and its successors and assigns, a non-exclusive, worldwide,
royalty-free, perpetual, non-revocable license under User’s copyrights and
other intellectual property rights, if any, in all information entered by User
in connection with User’s account to use, distribute, display, reproduce, and
create derivative works from such material in any and all media and display in
any manner and on any AWOLPET.com property the results of search queries and
comparisons conducted on AWOLPET.com, including, without limitation, searches
conducted on AWOLPET.com and the Service.
User also grants AWOLPET.com the right to maintain such content on
AWOLPET.com's servers during the term of the Agreement and to authorize the
downloading and printing of such material, or any portion thereof, by end users
for the purposes of the Service.
5.0 FEES
5.1 User shall pay AWOLPET.com a
setup fee and renewal fees as set forth in the AWOLPET.com fee schedule
available at http://www.awolpet.com/
and made a part hereof. All such fees
are payable in U.S. dollars to AWOLPET.com and shall be charged to the credit
card number given to AWOLPET.com at the time of registration or to such other
credit card number which User shall designate.
AWOLPET.com may also, upon 30 days prior notice to User, alter its fee
schedules and terms of the Agreement.
6.0 TERM
6.1 Term. Unless earlier terminated in accordance with
Section 7.0, this Agreement shall remain in effect from the time it is accepted
by AWOLPET.com, until the expiration of the rabies vaccination(s) for User’s
pet(s) in effect at the time of the commencement of the initial term. At least thirty (30) days before the
expiration of the initial term, AWOLPET.com will notify User by email, at
User’s then-current email address, of the upcoming expiration. Unless User informs AWOLPET.com before the
expiration of User’s intent to cancel User’s account, this Agreement will be
extended for an additional term of one (1) to three (3) years, according to the
length of the rabies booster for User’s pet, and User will be charged in
accordance with paragraph 5.1 at AWOLPET.com’s then-current fee schedule.
7.0 TERMINATION
7.1 Termination. Either party may terminate the Agreement on
thirty (30) days notice if the other party has materially breached or is otherwise
not in compliance with any provision of the Agreement, and such breach or
noncompliance is not cured within such thirty (30) day period. AWOLPET.com reserves the right to
immediately suspend any customer access to the Service until such breach or noncompliance
is cured.
7.2 Termination for Illegal or Other
Activity. Notwithstanding the
foregoing, AWOLPET.com may, but has no duty to, immediately terminate User and
remove his or her account from AWOLPET.com servers if AWOLPET.com in its sole
discretion concludes that User is engaged in illegal activities in connection
with the Service, or is engaged in that may damage the rights of AWOLPET.com or
others. Any termination under this
Section 7.2 shall take effect immediately and User expressly agrees that he or
she shall not have any opportunity to cure, and shall not be entitled to a
refund of any fees paid to AWOLPET.com.
7.3 Waiver. User expressly waives any statutory or other
legal protection in conflict with the provisions of this Section 7.
7.4 Deletion of Information. Upon termination, AWOLPET.com reserves the
right to delete from its servers any and all information contained in User’s
account, including but not limited to all information concerning Users pet(s).
7.5 Survival. The provisions of Section 4 (Proprietary
Rights), Section 9 (Indemnity), and Section 10 (Disclaimer of Warranties and
Liabilities) of this Agreement shall survive any termination of the Agreement.
8.0 USER PRIVACY
8.1 User Information. AWOLPET.com maintains information about User
and on AWOLPET.com servers, including but not limited to User’s account
registration information, User's pet information and clickstream data
("User Information"). User
agrees that AWOLPET.com may use User Information in aggregate form for
marketing or other promotional purposes.
User further agrees that AWOLPET.com may make any use of User
Information that is not in conflict with the AWOLPET.com
Privacy Policy.
8.1.1 User agrees that AWOLPET.com may
disclose User Information in the good faith belief that such action is
reasonably necessary: (a) to comply with the law; (b) to comply with legal
process; (c) to enforce the Agreement; (d) to respond to claims that the User
is engaged in activities that violate the rights of third parties; or (e) to
protect the rights or interests of AWOLPET.com, AWOLPET.com Service or others;
provided, however, that nothing in this section shall impose a duty on
AWOLPET.com to make any such disclosures.
8.2 Password. User shall establish a password with
AWOLPET.com to allow access to and use of the Service. User is entirely responsible for any and all
activities that occur under User’s account and password. User agrees to keep its password
confidential, to allow no other person or company to use its account, and to
notify AWOLPET.com promptly if User has any reason to believe that the security
of its account has been compromised.
8.3 Technical Access. User acknowledges and agrees that technical
processing of User Information is and may be required: (a) for the Service to
function; (b) to conform to the technical requirements of connecting networks;
(c) to conform to the technical requirements of the Service; or (d) to conform
to other, similar technical requirements.
User also acknowledges and agrees that AWOLPET.com may access User's
account and its contents as necessary to identify or resolve technical problems
or respond to complaints about the Service.
9.0 INDEMNITY
User agrees to indemnify and hold harmless AWOLPET.com, and its owners,
subsidiaries, affiliates, officers, directors, shareholders, employees and
agents, from any claim or demand, including reasonable attorneys fees, made by
any third party due to or arising out of User’s conduct, User’s use of the
Service, any alleged violation of the Agreement, or any alleged violation of
any rights of another. AWOLPET.com
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by User, but doing
so shall not excuse User’s indemnity obligations.
10.0 DISCLAIMER OF WARRANTIES
AND LIABILITIES
THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. NEITHER
THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS
OR IMPLY ANY WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE,
OR THAT USER’S PET WILL BE FOUND OR RETURNED TO USER IN THE EVENT IT IS
LOST. USER ACKNOWLEDGES AND AGREES THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. AWOLPET.COM, AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY
CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF AWOLPET.COM IS
AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM USER’S USE OR
INABILITY TO USE THE SERVICE OR, OR THAT RESULT FROM ERRORS, DEFECTS,
OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE
OF THE SERVICE. AWOLPET.COM’S LIABILITY
TO USER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE
BY USER TO AWOLPET.COM OVER THE PREVIOUS TWELVE CALENDAR MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
11.0 FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in
performance under the Agreement resulting directly or indirectly from acts of
nature or causes beyond its reasonable control.
12.0 NOTICES
Any notices or communications under the Agreement shall be by electronic mail
or in writing and shall be deemed delivered upon receipt to the party to whom
such communication is directed, at the addresses specified below. If to AWOLPET.com, such notices shall be
addressed to notices@AWOLPET.com, P.M.B. 401 6300 Main Street, Kansas City, MO
64113, USA. If to User, such notices
shall be addressed to the electronic or mailing address specified when User
opens an account with AWOLPET.com, or such other address as either party may
give the other by notice as provided above.
13.0 ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes all previous proposals, both oral
and written, negotiations, representations, writings and all other
communications between the parties.
14.0 GENERAL
The Agreement and the relationship between User and AWOLPET.com shall be
governed by the laws of the state of Missouri without regard to its conflict of
law provisions. User and AWOLPET.com
agree to submit to the personal and exclusive jurisdiction of the Circuit Court
of the State of Missouri for the County of Jackson or the United States
District Court for the Western District of Missouri, at Kansas City. AWOLPET.com’s failure to exercise or enforce
any right or provision of the Agreement shall not constitute a waiver of such
right or provision. If any provision of
the Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties intentions as reflected in the provision, and agree that the other
provisions of the Agreement remain in full force and effect. User agrees that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the Agreement must be filed within one (1) year after
such claim or cause of action arose, or be forever barred. The section titles in the Agreement are for
convenience only and have no legal or contractual effect.
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