Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated
on August 21, 2006
This Terms of Use Agreement sets forth the standards of use
of www.PetWatchClub.com">www.PetWatchClub.com Online Service. By using the
www.PetWatchClub.com website, you (the “Member”) agree to
these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being
posted at the www.PetWatchClub.com website. Your continued
use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1. Description of Service
www.PetWatchClub.com is an online community where pets and
their owners connect with thousands of other members in
their local area and beyond. Our club’s mission is help
dedicated pet owners find and get in touch with other
likeminded pet owners and pet lovers near where they live.
Member must provide (1) all equipment necessary for their
own Internet connection, including computer and modem and
(2) provide for Member’s access to the Internet, and (3) pay
any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by www.PetWatchClub.com on an “as is”
and on an “as available” basis. To the fullest extent
permitted by applicable law, www.PetWatchClub.com makes no
representations or warranties of any kind, express or
implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or
otherwise. www.PetWatchClub.com shall have no liability for
any interruptions in the use of this Website.
www.PetWatchClub.com disclaims all warranties with regard to
the information provided, including the implied warranties
of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3. Limitation of Liability
www.PetWatchClub.com shall not be liable for any damages
whatsoever, and in particular www.PetWatchClub.com shall not
be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this
web site or the information contained in it, whether such
damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if
www.PetWatchClub.com has been advised of the possibility of
such damages.
4. Billing and Renewal Transactions and Policies
Your right to use the Service or a specific product is
conditional upon our receipt of payment. If payment cannot
be charged to your credit card or if a charge is refunded
for any reason, including chargeback, we reserve the right
to immediately and without notice, either suspend or
terminate your access and account, thereby terminating this
Agreement and all obligations hereunder. You are required to
pay any amounts still owed to us at the time your account is
suspended or terminated.
Your subscription will be automatically renewed and your
credit card will be automatically charged on a yearly basis,
depending upon the billing terms for your account, for as
long as you remain a member.
Terminations are not retroactive. If you terminate your
membership after your membership period has begun, you will
not be entitled to a refund for the unexpired portion of
that membership period. You may still be obligated to pay
for other charges incurred. If you have an outstanding
balance due on your account, you hereby agree that
www.PetWatchClub.com may charge these unpaid fees to your credit
card.
Member agrees to indemnify and hold www.PetWatchClub.com,
its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third
party due to or arising out of Member’s use of the Service,
the violation of this Agreement, or infringement by Member,
or other user of the Service using Member’s computer, of any
intellectual property or any other right of any person or
entity.
6. Modifications and Interruption to Service
www.PetWatchClub.com reserves the right to modify or
discontinue the Service with or without notice to the
Member. www.PetWatchClub.com shall not be liable to Member
or any third party should www.PetWatchClub.com exercise its
right to modify or discontinue the Service. Member
acknowledges and accepts that www.PetWatchClub.com does not
guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances
outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other
third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or
through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if
you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all
Members to review said privacy policies of third-parties’
sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly
available sources. While www.PetWatchClub.com makes every
effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to
the accuracy or reliability of any information provided on
this website.
www.PetWatchClub.com makes no warranties or representations
whatsoever with regard to any product provided or offered by
any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall
be at your own risk.
9. Governing Jurisdiction
Our website is operated and provided in the Commonwealth of
Virginia. As such, we are subject to the laws of the
Commonwealth of Virginia, and such laws will govern this
Terms of Use, without giving effect to any choice of law
rules. We make no representation that our website or other
services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the
Commonwealth of Virginia.
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws. Member may
not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other
government requirements. Member further agrees not to
transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national,
or international law or regulation.
All other trademarks displayed on www.PetWatchClub.com’s
website are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have
any affiliation with www.PetWatchClub.com
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act,
www.PetWatchClub.com designates the following individual as
its agent for receipt of notifications of claimed copyright
infringement.
By Mail:
PetWatch Club
P.O. Box 8001
Falls Church, VA 22041-9998
By Email: info@petwatchclub.com
13. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and
enforceable to the maximum possible extent. You agree that
this Terms of Use Agreement and any other agreements
referenced herein may be assigned by www.PetWatchClub.com,
in our sole discretion, to a third party in the event of a
merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any
other written agreement between us in relation to your
participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information
and other practices described in our Privacy Policy
Statement.
