LEGAL TERMS AND CONDITIONS OF USE
Introduction
Welcome to the Pets R Us Direct Web site. Please review the following terms and conditions concerning your use of this site. By accessing, using or downloading materials from this Web site you agree to follow and be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, please immediately leave this Pets R Us Direct Web site and do not use or access this Pets R Us Direct Web site.
Copyright Information
Copyright © 2005 Pets R Us Direct All Rights Reserved.
Ownership of Information: All right, title and interest (including
all copyrights, trademarks, patent rights and other intellectual
property rights) on this Pets R Us Direct web
site and all information contained herein is and shall remain
the sole property of Pets R Us Direct,
its licensors, clients, and advertisers, as applicable.
Use of Web Site Information: You may download, view, copy and
print documents and graphics incorporated in these documents (the
"Documents") from this Web site subject to the following:
(1) the Documents may be used solely for personal, informational,
non-commercial purposes; and (2) the Documents may not be modified
or altered in any way. Except as expressly provided herein, you
may not use, download, upload, copy, print, display, perform,
reproduce, publish, license, post, transmit or distribute any
information from this Web site in whole or in part without the
prior written permission of Pets R Us Direct In
no event may you remove any copyright or other proprietary notices
or legends appearing on this Web site.
Use of Software: Any use of software and accompanying documentation
from this Web site is subject to the terms of a software license
agreement between you and Pets R Us Direct You
must read the license agreement and indicate your agreement to
its terms prior to installing or using the software. All rights,
title and interest not expressly granted are reserved.
Trademark Information
Pets R Us Direct is
a trademark owned by Pets R Us Direct and
is the subject of a pending U.S. trademark application.
The Pets R Us Direct trademark
and the other trademarks, service marks, product names, service
names, and logos (collectively, the "Trademarks") displayed
in the Pets R Us Direct Web
site are registered and unregistered trademarks of Pets R Us Direct and others. All Trademarks not owned by Pets
R
Us Direct and referenced in this
Web site are used for identification purposes and are the trademarks
of their respective owners. Nothing contained on this Pets
R
Us Direct Web site should be
construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on this site
without the written permission of Pets R Us Direct or such third party that owns the Trademark.
Feedback
Except where expressly provided otherwise
by Pets R
Us Direct, all comments, feedback,
information or materials submitted to Pets R Us Direct through or in association with this Web site
shall be considered non-confidential and Pets R Us Direct property. By submitting such comments, feedback,
information or materials to Pets R Us Direct,
you agree to a no-charge assignment to Pets R Us Direct of all worldwide rights, title and interest
in copyrights and other intellectual property rights to the comments,
feedback, information or materials. Pets R Us Direct shall be free to use such comments, feedback,
information or materials on an unrestricted basis.
Links
This Pets R Us Direct Web site may contain hyperlinks to Web sites controlled by parties other than Pets R Us Direct. Pets R Us Direct does not control these web sites and is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites. The existence of such links does not indicate any association between Pets R Us Direct and the owners or operators except as specifically set forth on this Pets R Us Direct Web site. You assume sole responsibility for use of third party links.
You may establish a hyperlink to this Pets R Us Direct Web site, provided (a) you only link to the home page located at www.petsrusdirect.com, (b) the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Pets R Us Direct, (c) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this site, (d) you provide Pets R Us Direct notice of such link by sending an e-mail to admin@petsrusdirect.com and (e) you promptly discontinue providing links to this Pets R Us Direct Web site upon notification by Pets R Us Direct.
Warranties and Disclaimers
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Pets R Us Direct, ALL INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Pets R Us Direct HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Pets R Us Direct does not guarantee continuous, uninterrupted or secure access to the Pets R Us Direct Web site, and operation of the Pets R Us Direct Web Site may be interfered with by numerous factors outside of our control.
Pets R Us Direct INCORPORATED
DISCLAIMS ALL RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS,
INJURY, CLAIM, COST, EXPENSE, DEFICIENCY, LIABILITY, OR DAMAGE
OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF PADDOCK HAS BEEN ADVISED OF THE POSSIBILITY
OF THE SAME, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED
TO (A) ANY ERRORS IN OR OMISSIONS FROM THE Pets R Us Direct WEB SITE AND ITS CONTENT, INCLUDING BUT NOT
LIMITED TO OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS, (B)
THE UNAVAILABILITY OF THE Pets R Us Direct WEB
SITE OR ANY PORTION THEREOF, (C) YOUR USE OF THE Pets R Us Direct. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE Pets R Us Direct WEB
SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS Pets R Us Direct WEB SITE.
IN NO EVENT SHALL Pets R Us Direct BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE,
INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE
OR ANY OTHER HYPERLINKED WEB SITE.
ADVANCED PERIPHERAL TECHNOLOGIES; LTD RESERVES THE RIGHT TO MAKE
CHANGES OR UPDATES TO THIS WEB SITE, THESE TERMS AND CONDITIONS,
OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS WEB SITE AT ANY
TIME WITHOUT NOTICE.
Please note that some jurisdictions may not allow the above exclusion of implied warranties or limitation of damages, so some of the above exclusions may not apply to you.
Severability, Governing Law and Jurisdiction
You agree that if any provision of these
terms and conditions is found void or unenforceable, including
without limitation the warranty disclaimers and liability limitations
set forth above, this will not affect the validity of the balance
of these terms and conditions, which shall remain valid and enforceable,
and the invalid or unenforceable provision shall be deemed superseded
by a valid, enforceable provision that most closely matches the
intent of the original provision.
This Web site is controlled by Pets R Us Direct from
its offices in Mokena, Illinois in the United States of America.
All matters relating to your access to, or use of this Web site
shall be governed by the laws of the State of Illinois, without
regard to its conflicts of law provisions. Any legal action or
proceeding relating to your access to or use of this Web site,
or the contents of this Web site shall be exclusively subject
to the jurisdiction of the federal courts of the United States
of America and/or the state courts of Illinois located in Will
County, Illinois. You and Pets R Us Direct agree
to institute any such action in such courts, agree to submit to
the jurisdiction of, and agree that venue is proper in, these
courts in any such legal action or proceeding. Use of this Pets
R
Us Direct Web site is unauthorized
in any jurisdiction that does not give effect to all of the provisions
of these terms and conditions, including without limitation this
paragraph.
You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
Legal Contacts
Trademark and Copyright: If you have any questions concerning the usage or licensing of Pets R Us Direct trademarks or copyrights, or would like to request permission to use any Pets R Us Direct materials, contact Pets R Us Direct Marketing Communications at admin@petsrusdirect.com.
