Terms & Conditions of Use Agreement
Welcome to Find A Vet at www.FindAVet.us, a service brought to you by i Love Dogs, Inc., and Woof IP Ltd. (“FindAVet”, “us”, “we”, or “our”). The following terms and conditions govern your usage of the FindAVet online services (“Online Services”) at www.FindAVet.us and the materials available therein (“Materials”). By using our site, you agree to comply with and be bound by the following Terms and Conditions of Use. If you do not agree to these terms, then you must not use the FindAVet website. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. It is your responsibility to periodically review this agreement for changes. Continued use of www. FindAVet.us signifies acceptance of all terms of this Agreement.
1. Disclaimer of Warranty
The online services and materials are provided on an â€œas is,â€ as availableâ€ basis and the provider of the online services and materials expressly disclaims all warranties, including without limitation, the warranties of currentness, correctness, completeness, merchantability, fitness for a particular purpose, noninfringement of intellectual property, and freedom from errors. FindAVet specifically disclaims any implied warranties with regard to this siteâ€™s operation, information, content, material or products. FindAVet makes no guarantee that the service will be uninterrupted, secure or error-free, or be free of viruses or other harmful components. FindAVet does not guarantee that the services will meet your requirements, or that the website will provide information that is accurate and reliable. FindAVet makes NO representations or warranties of any kind with respect to this site or its contents or the Materials. Any information downloaded from this site is done at your discretion and risk, including but not limited to damage to your computer system or loss of data resulting therein.
2. Limitation of Liability
You hereby agree to assume all responsibility and risk for the use of this site and the Internet generally. You agree and acknowledge that there may be delays, omissions, inaccuracies, or other problems with the Materials, and agree that if you rely on the Materials available through this service, you do so at your own risk.
NO INFORMATION PROVIDED BY FINDAVET, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. BY USING FINDAVET’s WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FINDAVET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY REASON RESULTING FROM YOUR USE OF FINDAVET’s WEBSITE.
This site is controlled and operated by FindAVet from its offices in Torrance, California. FindAVet makes no representation that materials on the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulations.
In no event shall FindAVet (including its employees, directors, and agents) be liable to you or any third party for any damages whatsoever including, without limitation, any special, indirect or consequential damages, and damages resulting from loss of use, loss of data, loss of profits, or business interruption, arising out of the use of or inability to use the Materials or any hyperlinked website, even if FindAVet has been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of certain categories of damages and as a result, some of the above limitations may not apply to you. In such states, the liability of FindAVet is limited to the fullest extent permitted by law.
3. Intellectual Property Rights
All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the Woof IP Ltd./FindAVet. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
(i) All Materials found on our website, including without limitation, images, website design elements, text, graphics, logos, buttons, icons, articles, photographs, illustrations, audio and video clips, software programs, databases, and selections and arrangements thereof, are the exclusive property of FindAVet or its licensors.
(ii) All Materials are copyrighted and protected by applicable copyright laws. Except as otherwise provided for herein, they may not be copied, reproduced, modified, sold, published, uploaded, downloaded, broadcasted, posted, transmitted, or distributed in any way so as to infringe upon FindAVet ‘s exclusive rights, without FindAVet ‘s prior written permission.
(iii) Copyright 2008, i Love Dogs, Inc. 3043 Kawhiwa St. Torrance CA 90505. ALL RIGHTS RESERVED.
(b) Trademarks and Service Marks.
(i) “DOG FRIENDLY ESTABLISHMENTSSM”, “FINDAVETSM”, “i Love DogsTM”, iLoveDogs.comTM”, the Paw Logo, “WOOF IPSM”, and other marks are our trademarks or registered service marks or trademarks. Thus, FindAVet ‘s decal stickers bearing any of its trademarks or service marks, which can be obtained from FindAVet upon registering for FindAVetâ€™s advertising services, are acknowledged by you to be the intellectual property of FindAVet and any usage thereof may only be made as set forth herein. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of FindAVet, is strictly prohibited. Other product and company names mentioned on our FindAVet website may be service marks or trademarks of their respective owners.
(ii) By using this website, you agree that you will not make unauthorized use FindAVet ‘s marks and FindAVet ‘s decal bearing its marks, including without limitation usage which would reasonably be considered defamatory or disparaging of FindAVet ‘s business.
(i) You may link to our home page at www.FindAVet.us, provided that any such link does not imply any sponsorship of your site by FindAVet. If you wish to link to material contained at other levels within the site, please contact us using the Contact Form to request our written permission to do so.
(ii) FindAVet may provide links to other World Wide Web sites or resources. FindAVet makes no representation concerning the content of sites linked to or referred to anywhere on this site. FindAVet cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in websites, locations or events referred to anywhere on this site. FindAVet explicitly disclaims any responsibility for sites that link to or from this site.
4. FindAVet Decals: Terms and Conditions of Use
For those Advertising members of FindAVet that have obtained the FindAVet SM Decal for use in a Dog Friendly Establishment, your peeling or other usage of the FindAVet SM Decal is governed by the Terms and Conditions of Use of the Decal, as incorporated herein. To view the Terms and Conditions of Use, click here.
5. No Recommendation or Endorsement by FindAVet
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the FindAVet website.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the FindAVet website.
6. Usage of Materials
Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein. Except as expressly provided herein, FindAVet grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us.
As a condition of your use of this site, you warrant to FindAVet that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of FindAVet s website.
7. User Responsibilities with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through FindAVet ‘s website are solely, without exception, between you and such advertiser. You agree that FindAVet shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as a result of the advertiserâ€™s presence on FindAVet.
You agree to indemnify and hold us and any past, present or future parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
9. Intellectual Property Complaints
We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against advertisers who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contain unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):
â€¢ A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
â€¢ Identification of the copyrighted work claimed to have been infringed
â€¢ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
â€¢ Information reasonably sufficient to permit us to contact you, such as an address, telephone number, fax number, and e-mail address
â€¢ A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
â€¢ A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please e-mail this information to email@example.com.
(a) Any rights not expressly granted herein are reserved by FindAVet.
(b) If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable.
(c) Failure of FindAVet to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
(e) The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in Los Angeles, California.
(f) The terms of this Agreement represents the entire understanding between each user of the FindAVet website, regarding each user’s relationship with FindAVet and supersedes any prior statements or representations.
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