- Permitted Use.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Maxpetsupply.com solely for purchasing pet products and supplies, personal education and information. User will not use the Maxpetsupply.com for any other purpose, including any commercial purpose, without Max Pet, Inc.'s express prior written consent. For example, User will not, and will not authorize any other person to, (i) advertise the Maxpetsupply.com, or (ii) Co-brand the Maxpetsupply.com or portion of it, or (iii) frame the Maxpetsupply.com or portion of it (whereby the Maxpetsupply.com or portion of it will appear on the same screen with a portion of another Maxpetsupply.com). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute Maxpetsupply.com or content accessible within the Maxpetsupply.com (the "Content"). User agrees to cooperate with the Max Pet, Inc., in causing any unauthorized Co-branding, framing or linking to immediately cease and payment of any damages awarded by a court or arbitrator.
- Proprietary Information
User acknowledges and agrees that the content accessible within the Maxpetsupply.com is the proprietary information of Max Pet, Inc., its' client(s) and its content providers. Max Pet, Inc., and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of Max Pet, Inc., its' client(s) or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyrighted material, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
- Limitation on Liability.
Max Pet, Inc., its Licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if Max Pet, Inc., has been advised of the possibility of such damages. In no event will the collective liability of Max Pet, Inc., and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to Max Pet, Inc., for the applicable purchased product or service out of which liability arose. User's that access Maxpetsupply.com and have not paid Max Pet, Inc., for a particular purchased product have no business relationship, privity or contract with Max Pet, Inc., therefore, no liability shall arise for Max Pet, Inc., in connection with User. If a court deems otherwise then damages may not exceed one hundred dollars in the aggregate.
- Indemnity.
User will indemnify and hold Max Pet, Inc., its Licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Maxpetsupply.com.
- Postings.
Information posted on forums, bulletin boards, or similar portions of the Maxpetsupply.com ("Forums") is supplied by third parties and other Users unless Max Pet, Inc., or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of Max Pet, Inc. User will not post any of the following material in any Forum:
- material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
- material for which User does not have the right to post, including the proprietary material of any third party;
- material which advocates illegal activity or discusses an intent to commit an illegal act;
- material for advertising or commercial solicitation;
- material which is vulgar, obscene, pornographic, or indecent; or
- material which does not pertain directly to the subject matter of the particular forum.
Max Pet, Inc., reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of its postings. User acknowledges and agrees that neither Max Pet, Inc., nor any third party content provider will assume or have any liability for any action or inaction by Max Pet, Inc., or any third party content provider with respect to any posting on the Forums. User will not (i) select or use a member name, address, telephone number or e-mail address of another person with the intent to impersonate that person; (ii) use a user name, address, telephone number or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Max Pet, Inc., in its sole discretion, deems offensive.
Further, User hereby grants to Max Pet, Inc., the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.
- Advertisers and Sponsors
Maxpetsupply.com is both advertiser and sponsor supported. Although Max Pet, Inc., receives compensation from advertisers, vendors and sponsors (collectively, "Sponsors"), Max Pet, Inc., does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors. You decide whether to click on advertising or sponsorship banners on Maxpetsupply.com and whether to make purchases from our Sponsors. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors.
- Third Party Web Sites
Maxpetsupply.com often provides links to web sites not operated by Max Pet, Inc., (collectively, "Third Party Web Sites"). Max Pet, Inc., provides links to Third Party Web Sites for your convenience and they may be removed at any time. Max Pet, Inc., does not investigate the quality, accuracy or completeness of any content on Third Party Web Site. Max Pet, Inc., HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING THE THIRD PARTY WEB SITES. You also acknowledge and agree that Max Pet, Inc., is not responsible or liable for any content, advertising, products or other materials on or available from Third Party Web Sites.
- Warrantee's
You acknowledge and agree that any and all disclaimers in these Terms and Conditions reflect a fair and reasonable allocation of risk between Max Pet, Inc., and You and such allocation is reflected in the fees payable by You to Max Pet, Inc.
Your use of Maxpetsupply.com is solely at your risk. MAX PET, INC., HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, MAXPETSUPPLY.COM, AND THE PRODUCTS AND SERVICES PROVIDED BY MAXPETSUPPLY.COM, INCLUDING ANY WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY AGREE THAT MAX PET, INC., AND ITS PARTNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF MAXPETSUPPLY.COM, CONTENT OR THE PRODUCTS AND SERVICES PROVIDED BY MAXPETSUPPLY.COM. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT MAX PET, INC., LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED FIVE HUNDRED U.S. DOLLARS (U.S $500).
- Copyrights and Trademarks
All content in Maxpetsupply.com is copyrighted by Max Pet, Inc., or its third party suppliers. Maxpetsupply.com and Max Pet, Inc., are trademarks and service marks of Max Pet, Inc., All other trademarks and service marks are the property of their respective suppliers. No right is granted by these Terms and Conditions to use any of such trademarks or service marks.
- Risk Of Using E-mail
Max Pet, Inc., offers you the opportunity to communicate by e-mail. Transmitting information by e-mail, however, has a number of risks that User should consider before using e-mail. These include, but are not limited to, the following risks:
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E-mail can be circulated, forwarded, and stores in numerous paper and electronic files.
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E-mail can be immediately broadcast worldwide and be received by many intended and unintended recipients.
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E-mail senders can easily misaddress an e-mail.
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E-mail is easier to falsify than handwritten or signed documents.
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Backup copies of e-mail may exist even after the sender or the recipient has deleted his or her copy.
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Employers and on-line services have a right to archive and inspect e-mail's transmitted through their systems.
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E-mail can be intercepted, altered, forwarded, or used without authorization or detection.
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E-mail can be used to introduce viruses into computer systems.
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E-mail can be used as evidence in court.
- Conditions For The Use Of E-mail
We will use reasonable means to protect the security and confidentiality of e-mail information sent and received. However, because of the risks outlined above, we cannot guarantee the security and confidentiality of e-mail communication, and will not be liable for improper disclosure of confidential information that is not caused by Max Pet, Inc. In addition:
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Max Pet, Inc., may forward e-mails internally to staff and agents as necessary. Max Pet, Inc., will not, however, forward e-mails to independent third parties without the Users prior written consent, except as authorized or required by law.
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Although Max Pet, Inc., will endeavor to read and respond promptly to an e-mail from the User cannot guarantee that any particular e-mail will be read and responded to within any particular period of time.
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If the User e-mail requires or invites a response from Max Pet, Inc., and the User has not received a response within a reasonable time period, it is the User's responsibility to follow up to determine whether the intended recipient received the e-mail and when the recipient will respond.
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We shall not engage in e-mail communication that is unlawful.
- Miscellaneous.
- Headings.
The headings of Sections of the Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
- Severability.
If any Section or provision of the Terms and Conditions be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of the Terms and Conditions shall be deemed severed from the Terms and Conditions and the validity of the remainder of the Terms and Conditions shall not be affected thereby.
- Governing Law.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to contracts made and to be enforced wholly within the Commonwealth of Pennsylvania.
- Submission to Jurisdiction.
The parties to the Terms and Conditions each specifically consent to jurisdiction in the Commonwealth of Pennsylvania in connection with any dispute between the parties arising out of the Terms and Conditions or pertaining to the subject matter hereof.
- Venue.
The parties to the Terms and Conditions each agree that venue for any dispute between the parties arising out of the Terms and Conditions or pertaining to the subject matter hereof may be had in the Federal District Court for the Middle District of Pennsylvania or in the state courts of the Commonwealth of Pennsylvania sitting in York County, Pennsylvania.
- Notices.
All notices or other written communications required or permitted under the Terms and Conditions shall be given in writing by courier or reputable overnight delivery services, or by certified mail, return receipt requested to either party at its address set forth below or to such address as such party may subsequently indicate in writing in the manner specified in this Section:
MaxPet, Inc.
C/O Patrick Loftus, President
P.O. Box 308
Airville, Pennsylvania 17302
- Waivers and Amendments.
The waiver by either party of any provision of the Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Terms and Conditions on any other occasion or upon any other circumstances. This Terms and Conditions may be waived or amended only in writing and signed by both parties.
- Survival.
Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the Terms and Conditions, and any other provision that, in accordance with its terms is intended to survive the Terms and Conditions, shall survive the expiration or termination of the Terms and Conditions for any reason.
- Assignment.
Neither party may assign its rights or delegate its duties under the Terms and Conditions except that (i) Max Pet, Inc., may assign its rights to receive payments under the Terms and Conditions to a secured creditor, (ii) either party may subcontract for the performance of any of its obligations under the Terms and Conditions, and (iii) Max Pet Inc., may assign its rights if they are acquired, merged, or changes its business structure.
- Complete Agreement/Incorporation.
This Terms and Conditions, along with the Disclaimer and Privacy Notice contains the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether
