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IMPORTANT: Please read these carefully. These Terms of Service set out the legally binding terms with respect to your use of the RightPet Website located at www.rightpet.com and all linked pages (the “Site”) and the RightPet Services (as defined below) owned, operated and offered by Collective Wisdom, Inc. d/b/a RightPet (“RightPet,” “we,” “us” or “our”).
BY ACCESSING THE SITE OR BY USING THE RIGHTPET SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS WELL AS ANY OTHER POLICIES, GUIDELINES, RULES AND ADDITIONAL TERMS THAT ARE HEREBY INCORPORATED HEREIN BY THIS REFERENCE (COLLECTIVELY, "TERMS OF SERVICE" OR “AGREEMENT”). IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SITE AND/ OR THE SERVICES.
RightPet’s on-line services which are offered at the Site will, among other things, help you find information on pet breeds and businesses/services you are looking for by allowing you to get ratings and recommendations from other RightPet users, post and share your ratings and recommendations with RightPet users, and view third party postings/recommendations regarding similar businesses/services ("Services"). As part of the Services, the Site also contains articles, tools, images, and other information including, without limitation, data, text, sound, photographs, graphics, video, messages and other materials displayed such as ratings, recommendations and reviews, stories, forum postings we have written or commissioned as well as member-submitted content (collectively “Content”).
1. Eligibility.
In order to use the Site or the Services, You must be 18 or over, or of the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site or Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. Children under 13 are not permitted to use the Site and/ or Services.
By using the Site and/or Services, you represent and warrant that: (i) you have all the requisite power and authority, corporate or otherwise, to enter into this Agreement, conduct yourself and/ or your business and to execute, deliver, and perform all of your obligations under this Agreement; and (ii) your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; (iii) your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, intellectual property, privacy and obscenity laws). The Site and Services are administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
2. Changes to These Terms of Service.
You agree and understand that these Terms of Service, the Site, Services and Content may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new terms and/or upon implementation of the changes on the Site and/ or Services. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Services after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by us, any new features, new services, enhancements or modifications to the Site and Services implemented after your initial access to the Site and Services shall be subject to these Terms of Service.
3. Registration and Security.
In order to use or access some Services on the Site, you may be required to register with the Site. You must be 18 (eighteen) or older to register as a RightPet member (“RightPet Member”). RightPet membership is void where prohibited.
At registration, you will be required to provide your email address, year of birth, gender, and country/state in which you live. You will also be asked to provide a screen name that will be your "member name" on the Site, as well as a password. Your email address and password ("User ID") will be used to sign-in to the Site. If you register, you agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account.
You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a member name a name which is vulgar or which is subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel a user name in our discretion.
You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any member name and password provided to you for your access to the Site shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your member name or password, and (b) ensure that you exit from your account at the end of each session.
4. Use of the Site.
Subject to the conditions and restrictions set forth in this Terms of Service, you may use the Site to: (i) participate in message board forums; (ii) upload Content including, without limitation, photos, videos, submit ratings and reviews; (iii) search the Site database for reviews and business contact information; (iv) invite people you know to join the Site and/ or Services; and (v) download or copy the portions of Content for your own personal use. You may not copy or distribute any portion of the Site and/ or Content for any purpose not authorized above without the express written permission of RightPet.
We do not control the Content posted by third parties on the Site (“User Content”), including the content of any messages or reviews, and do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site and/or Services you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of your use of any User Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
You are responsible for complying with all laws, these Terms of Service and the Posting Guidelines applicable to the Content you submit via the Services (“Your Content”).
5. Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party) to:
• modify, adapt, translate, or reverse engineer any portion of the Site, Services and/ or Content;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site, Services and/ or Content;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site, Services and/ or Content;
• access, retrieve or index any portion of the Site, Services and/ or Content for purposes of constructing or populating a searchable database of business reviews;
• collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other Site users or members;
• reformat or frame any portion of the web pages that are part of the Site and/or Services;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit unwanted electronic communications such as "spam" to other users or members of the Site and/or Services or otherwise interfere with other user's or member's enjoyment of the Site and/or Services;
• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• use the Site and/or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• use, reproduce, display, perform or store any Content offered on the Site for other than your own use;
• use any device, software or routine that interferes with the proper working of the Site and/or Services, or otherwise attempt to interfere with the proper working of the Site and/or Services;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• use the Site and/or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law; or collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Content Posted By You on the Site
You are solely responsible for Your Content that you submit, publish or display on the Site or transmit to other members and/or other RightPet users. You hereby represent and warrant to RightPet that: (i) you are the owner - or the authorized agent of the owner – of Your Content; and (iii) You have the right to grant the licenses granted under this Agreement.
Prohibited Content
• You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
• You may not submit any Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Content that falsely express or imply that such Content or material is sponsored or endorsed by RightPet.
• You may not provide any Content that is unlawful or that promotes or encourages any illegal activity or conduct that is abusive;.
• You are solely responsible for your ratings and reviews of businesses listed on RightPet. RightPet reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
• You agree that you will only provide Content that you believe to be true and you will not purposely provide false or misleading information.
• Without limiting the foregoing, you may not submit any Content that:
1. is false or intentionally misleading;
2. is patently offensive to users of the Site, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. harasses or advocates harassment of another person;
4. involves the transmission of unsolicited mass mailing or "spamming";
5. is threatening, defamatory or libelous;
6. is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts; and
7. seeks or recommends providers of material that exploit people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Posting Guidelines
In addition to these Terms and Conditions, Your Content must conform with the Posting Guidelines, which are incorporated herein by reference.
RightPet Control
• RightPet reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the provisions of this Section 6 including, without limitation, terminating the membership of such violators or blocking their use of the RightPet Site and/ or Services.
• You acknowledge that RightPet has the absolute right to refuse to display or to remove any Content posted by you on or to the Site including, without limitation, reviews of businesses listed on the Site, user lists, ratings and user profile information such as photos, any other Content submitted or posted by you for whatever reason or for no reason at all.
• You understand and agree that RightPet may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) or other User Content that in the sole judgment of RightPet violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.
RightPet License
By posting Your Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, RightPet, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute Your Content and to prepare derivative works of, or incorporate into other works, Your Content. This license is non-exclusive, except you agree that RightPet shall have the exclusive right to practice this license to the extent of combining Your Content with the Content of other RightPet users for purposes of constructing or populating a searchable database of business recommendations.
7. Copyright Dispute Policy.
RightPet’s following copyright policy is in compliance with the Digital Millennium Copyright Act or DMCA.
Our Policy.
It is RightPet's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material and has been illegally copied and distributed; and (ii) remove and discontinue the Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that any Content residing on or accessible through the RightPet Site or Services infringe your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Infringement Notice”):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that RightPet is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Infringement Notice.
Once a proper Infringement Notice is received by the Designated Agent, it is RightPet's policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. that for repeat offenders, RightPet will also terminate such Content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which RightPet is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal.
If a counter-notice is received by the Designated Agent, RightPet may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at RightPet 's discretion.
Address for Designated Agent.
Brett Hodges
Collective Wisdom Inc.
125 S. San Marcos Road
Santa Barbara, CA 93111
Fax (805) 682-2690
Email: copyright@rightpet.com
8. Venue Only.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Site and/ or Services, such activity is solely between you and the applicable third party. RightPet shall have no liability, obligation or responsibility for any such activity. You hereby release RightPet from all claims arising from such activity.
9. Privacy.
Use of the Site and/ or Services is also governed by our Privacy Policy, which is incorporated herein by reference.
10. Term.
These Terms of Service will remain in full force and effect while you use the Site and / or Service. Either Party may terminate these Terms of Service for any reason, at any time. Sections 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of these Terms of Service.
11. Ownership.
The Site, Services and Content including, but not limited to, text, photographs, graphics, video and audio content are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, works and other elements comprising the Site, Services and Content are also copyrighted works. Except for the Content submitted by members or users, the Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by RightPet or its licensors. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content, software, and/or materials available on the Site and/ or Services in whole or in part except as expressly provided in our policies and procedures made available via the Service. Except as expressly and unambiguously provided herein, RightPet and its suppliers do not grant you any express or implied rights, and all rights in the Service not expressly granted by us to you are retained by us.
12. Disclaimer.
THE SITE AND SERVICES ARE PROVIDED BY RIGHTPET ON AN "AS IS" BASIS. RIGHTPET AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITE, SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RIGHTPET AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RIGHTPET AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT INCLUDING, WITHOUT LIMITATION, INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RIGHTPET IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE SITE.
We do not warrant or covenant that the Site and/ or the Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Site and/ or the Services are free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Site and/ or the Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US, THE SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13. Limitation on Liability.
RightPet shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RightPet's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, RIGHTPET AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RIGHTPET'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO RIGHTPET FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
14. Indemnity.
You agree to indemnify and hold RightPet, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property, rights of privacy and publicity or other right of any person or entity including, without limitation.
14. Third Party Content.
The Site may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or inability to use (i) any websites or resources that the Site, Service or Content provide links to or that provide links to the Site, or (ii) any content, goods, or services available on or through any such websites or resources. We take no responsibility for third party advertisements which may be posted on the Site nor do we take any responsibility for the goods or services provided by such advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
15. Termination
You agree that RightPet may, in its sole discretion, terminate your use of the Site, Services and/ or the Content, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Service. You agree that any termination of your access to the Site, Services and/ or Content may be effected without prior notice or liability, and acknowledge and agree that we may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Site and Services.
16. Miscellaneous.
If there is any dispute about or involving the Site and / or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Santa Barbara. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind RightPet in any respect whatsoever. RightPet may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Service. These Terms of Service, accepted upon use of the Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and RightPet regarding the use of the Site and/ or the Service. The failure of RightPet to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with RightPet's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include RightPet 's acceptable use policy for Content posted on the Site, RightPet's Privacy Policy, RightPet’s Posting Guidelines and any notices regarding the Site.
17. Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@rightpet.com.
18. Mark.
RightPet is a proprietary service mark of Collective Wisdom Inc..
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