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WEB SITE USER AGREEMENT / SITE USE POLICY / TERMS OF SERVICE

 

AGREEMENT BETWEEN

USER AND PetsUnlimited.com Inc.  This Web site is offered to you by PetsUnlimited.com Inc., (referred to as the "Company") on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Web site. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS COMPANY'S WEB SITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. By using this Web site, you acknowledge that you have read the terms, conditions and notices in this Agreement and you agree to accept them. The Company reserves the right to change the terms, conditions and notices under which this Web site is offered at any time in its sole discretion.
 

PERSONAL AND NON-COMMERCIAL USE

This Web site is for your personal, non-commercial use. You may download and copy information on this Web site for your own personal use as long as you maintain all copyright and other notices contained in the content. You may not download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information, products or services obtained from this Web site.
 

UNLAWFUL AND PROHIBITED USE

You warrant to the Company that you will not use this Web site for any purpose that is unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Web site.
 

PROHIBITED ACTIVITIES

In the Message Board area, you agree not use the Web site to:
 

• Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Web site;
• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the Company;
• Disrupt or interfere with the operation of the Web site or any servers or networks connected to the Web site service;
• Violate any applicable local, state, national or international law;
• Collect or store personal data about other users.

ACCESS RESTRICTION

The Company may, in its sole discretion, deny any user access to this Web site or any portion of the site without notice.
 

INDEMNITY

You agree to indemnify and hold the Company harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this Web site or any breach of any representation or warranty made by you in this Agreement.

The Company will make every effort to keep its service operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You agree that the Company shall not be held liable for any of the consequences of such interruptions and acknowledges that such interruptions shall not be considered a breach of this agreement.  

USE OF INFORMATION

The Company may monitor your use of this Web site. It may use and disclose any information and material received from you, or collected through your use of the site, for any lawful reason or purpose, including sending email advertisements or telemarketing. However, we will never sell your personally identifiable information.
 

USE OF MESSAGES

By posting messages or engaging in other communication to the Company Web site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Company for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
 

LINKS TO OTHER WEB SITES

This Web site may contain links to Web sites operated by parties other than the Company. The links are provided for your convenience only. The Company does not control the Web sites and is not responsible for the content on such Web sites. By offering links, the Company is not implying that it endorses anything contained on such Web sites or has any association with the operators of the Web sites.
 

LIABILITY DISCLAIMER

Information or advice received from this Web site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEB SITE. THE COMPANY CANNOT AND DOES NOT GUARANTEE YOU WILL RECEIVE RESPONSES TO ANY LISTING PLACED ON THE WEBSITE. ADVERTISING BY NATURE IS UNCERTAIN. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING SENTENCE, THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

Petsunlimited.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Petsunlimited.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Petsunlimited.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Petsunlimited.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Petsunlimited.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Petsunlimited.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Petsunlimited.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.  

RELATIONSHIP

You acknowledge and agree that communications and transmission to and from the Company Web site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this Web site.
 

GENERAL

This Agreement is governed by the laws of the United States and of the State of California. You consent to the exclusive jurisdiction and venue of courts in Virginia, U.S.A. in all disputes arising out of, or relating to, use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Web site and this Agreement, including this paragraph. In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
  This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company's waiver of any provision of this Agreement shall not be deemed to waive it for the future.
 

COPYRIGHT AND TRADEMARK NOTICES:

All contents of this Web site are Copyright © PetsUnlimited.com Inc.and/or its suppliers. All rights reserved. Products and company names mentioned on this Web site may be the trademarks of their respective owners. Any content provided by user including text, video, and photographs become the property of PetsUnlimited.com and can be used at our discretion throughout PetsUnlimited.com. The advertising herein, including photographs, video, and contextual content are the property of PetsUnlimited.com Inc, not that of the advertiser and may be reproduced by PetsUnlimited.com Inc.

Unsubscribe Your Email Address

Be sure to log into your profile to update all email preferences including member to member communications, breeder and adoption agency communications, and clear your new listing alerts from your alert menu.

Cookies

Petsunlimited.com may set and access Petsunlimited.com cookies on your computer. These cookies are used to make your experience while browsing the Petsunlimited.com web site more enjoyable and to help match your search preferences. In order to access features such as My Searches and My Alerts, you must have cookies enabled while browsing PetsUnlimited. This will in no way compromise the security of your computer or personally identifiable information.

Security

Whenever you submit a paying ad on Petsunlimited.com, your credit information is encrypted for your privacy and security. We use the industry standard SSL-encryption to protect data transmissions.

OTHER & BILLING

- Miscellaneous: We sometimes screen the content of the advertisements placed on our site, however we will not research the background of individuals placing the advertisements.  If you have made contact with an individual and will be conducting a transaction, we urge you to research the background of the individual you are conducting business with. We recommend not sending money using any method where there is no recourse, i.e. wire transfer, Western Union, or money orders. Beware of individuals requesting Western Union payments or money orders and who promise "Deals" to good to be true. By placing an advertisement or joining PetsUnlimited.com, you authorize us to contact you through your e-mail address to notify you of new products, services and announcements. You will also receive auto-generated emails based upon the preferences you choose in your profile. You may at anytime discontinue these notices by adjusting your email preferences from within your profile. Based upon your profile preferences, you may receive messages based on the two-way matching system which assists in matching up buyers and sellers of services. Billing & Refunds: Your Rights Subject to your payment of the Monthly Subscription Fee set forth in the subscribe/registration process of the Service (the "Subscription Fee"), PetsUnlimited.com grants you a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Service and the materials provided thereon, provided that you comply fully with this Agreement. The contents of the Service are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

Fee-Based Service Charges and refunds. PetsUnlimited.com will issue refunds where PetsUnlimited.com is at fault by not providing service as stated. No refunds will be given once a subscription is activated unless PetsUnlimited.com is at fault and cancellation is within 12 hours of activation. PetsUnlimited.com will remedy any issue within a reasonable time period and ensure service is restored to proper working order.

You agree to pay, using a valid credit card acceptable to PetsUnlimited.com. PetsUnlimited.com reserves the right to increase the Subscription Fee, and any surcharges or to institute new fees at any time, upon reasonable notice posted in advance on the Service. PetsUnlimited.com will automatically charge your account for renewal of your Subscription. The renewal charge will be the then-current published rate for the term of your Subscription. Your Subscription will continue and renew automatically, unless terminated by PetsUnlimited.com or until you cancel services and resign your membership. PetsUnlimited.com will not be responsible for any overdraft or other service charges to credit or debit cards made as a result of fees by PetsUnlimited.com, regardless of when the fees are billed. In the event PetsUnlimited.com cannot charge your account, PetsUnlimited.com reserves the right to terminate your access to the Service. PetsUnlimited.com reserves the right to raise or lower fees for service to adjust for cost of service increases, however you can cancel your account without penalty at any time.

In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Service, including, without limitation, all telephone access lines (including long-distance charges, when applicable), internet service provider charges, telephone and computer equipment and any service fees necessary to access the Service.

For purposes of identification and billing, you agree to provide PetsUnlimited.com with accurate, complete, and updated information required by the Service's registration process ("Registration Data"), including, without limitation, your name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date), and e-mail address. You may check "My Account" from time to time to determine whether your Registration Data is current and accurate, and, if it is not, to correct or update your Registration Data. Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at PetsUnlimited.com’s option, result in immediate suspension or termination of your right to use the Service.

You agree to promptly update your Registration Data, in accordance with the instructions on the Service when such updates are necessary or applicable, including, without limitation, in the event of any known or suspected unauthorized use of your Subscription, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your Subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription is subject to use without your authorization, you must follow Subscription help instructions to update your Registration Data.

Auto-renewal. Your Petsunlimited.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, your subscription will expire immediately without a pro-rated refund for any time remaining in the current subscription period and your subscription will not be renewed. Cancellation Policy: You may cancel your account and subscription at anytime by accessing your profile preferences page by clicking on "MY Account" and then "Manage My Plans" and clicking the view transaction history for pre-upgraded accounts or simply the Cancel to Free button. Your account will be canceled immediately, however any billing that has occurred previous to your cancellation is final and will not be refunded. The date and time of your cancellation is logged and we are able to provide this information to your credit card company for verification upon request. Fraudulently indicating that you have canceled your account when you have not is a violation of these terms of service and is punishable by law.

PetsUnlimited.com is working hard for you, and you can be sure we will continue to bring you new and innovate services to help you manage all your pet needs. We hope you reconsider before canceling.

In order to bring you uninterrupted service and for your convenience, your MONTHLY SUBSCRIPTION FEE will renew automatically until you tell us otherwise by resigning your membership from your account management page. This is clearly stated in the Site Use Policy (terms of service) and when you purchase services on PetsUnlimited.com. By registering or entering your billing information, you agreed to adhere to and understood these terms of service. Your subscription date and resignation date are logged and displayed for your convenience as well as documented to your Credit Card Company to prevent fraud. May 2007: Update To Billing Schedule. Any standard site membership purchased prior to 6/2006 will now be charged at a lower monthly rate of $4.95 or current rate. Standard site membership is the basic site access fee and does not include advertising subscriptions. Please see pricing page for current rates.

Cancelling

Before you send a letter or email customer support: Do you want to cancel your service and billing? You can do so by looking up your transaction here. This will be the quickest method of managing your account.

We reserve the right to make changes to this policy as deemed necessary and without notice. Always refer to this page for the latest terms of service and PetsUnlimited.com policies. Please refer to the general help menu, profile help menu, or account control help menu for customer service account questions and answers. PetsUnlimited.com, P.O. Box 3581, Reston, VA 20195.