Disclaimer & Disclosure

Last Updated: November, 23rd 2022

AFFILIATE DISCLOSURE

 

The OurFitPets.com Website is owned and operated by Unchained Media LLC, registered in California, U.S. All business and transactions done via OurFitPets.com have the appropriate consent from state authorities, and are in accordance with U.S. Law.

Throughout its growth and need for funding, the Service has been supported by several companies, organizations and groups. The OurFitPets.com Website accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation, in order to fund the functioning of the Service. This type of compensation received by the Service shall not influence the content, topics or posts made in The OurFitPets.com Website. All advertising is in the form of advertisements generated by a third party ad network. Those advertisements will be identified as paid advertisements, in accordance with the provisions further laid down in our Privacy Policy. If it ever comes to paid advertisements not generated by a third party, but rather compensated for directly, our Users shall be informed within the content itself, in any form deemed appropriate and understandable for Users.

The owner(s) of The OurFitPets.com Website may be compensated to provide opinion on products, services, websites and various other topics, subject to our sole discretion. Even though the owner(s) of The OurFitPets.com Website receive compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. As a Service, we carefully consider any paid partnerships or sponsorships, and how these relationships may affect the end consumer of our offered services. Please note, that sponsored content shall always be labeled as such, in a way avoiding confusion for the end User. The views and opinions expressed on The OurFitPets.com Website are purely the Service’s own, and the Service shall do its best to maintain its independence on matters commented or otherwise assessed by the Service itself. Please further note that any claim, statistic, quote or other representation about a product or service made on the Service may is valid for the time being (i.e. the time of publishing), and all information should be double checked and verified by the Users. We disclaim all liability arising from misguidance of our clients due to factual changes in the assessed topic discussed on our Service.

If any third party provided service is offered on our Service, it is important to be aware of the possible discrepancies between our set of Terms regarding the usage of our Service and the respective third party’s terms, governing the usage of those external services, specified differently in a place appropriate for this type of notification. We urge our Users to be aware, that any occurrence happening outside the scope of our maintenance and operation of the Service on our behalf is their sole responsibility, and therefore, we recommend precaution and getting informed in advance about the set rules of behavior prior to entering into any type of transaction with a third party service.

The OurFitPets.com Website does not contain any content which might present a conflict of interest in any form or kind towards us, our competitors and our clients.

General Disclaimer and Limitation of Liability

The contents of the OurFitPets.com website, such as text, graphics, images, and other material contained on this site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional veterinarian advice, diagnosis, or treatment. Always seek the advice of your veterinarian with any questions you may have regarding the medical condition of your pet. Never disregard professional advice or delay in seeking it because of something you have read on this website!

OurFitPets.com website, content, software and services are all provided “as is”. OurFitPets.com does not unilaterally provide any express or implied terms, representations, warranties or conditions. OurFitPets.com, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill, partnership(s) or representation(s) loss, warranty loss, data corruption, personal loss. The aforementioned limitations apply even in the case that OurFitPets.com had been advised of the potential loss. OurFitPets.com does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, OurFitPets.com does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. OurFitPets.com is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of OurFitPets.com ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by The United States governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with The United States applicable law. You hereby understand this liability limitation statement, and are fully compliant with it.

Disclaimer on User satisfaction due to hardware compatibility

OurFitPets.com is not to be held liable for any third-party hardware compatibility issues which may occur. Any malfunctions of third party-hardware, design, functionality, features, limits of usage or safety implications are not and cannot be caused by the OurFitPets.com software in any way whatsoever. All specifics on compatibility are to be assessed on the appropriate dedicated space/store in which the Service is to be downloaded from. Further, all specifics on compatibility are also to be referenced clearly on our Website. OurFitPets.com is not to be held responsible for the use of third-party hardware which can cause damage to the third-party hardware, as the Service only provides functionality protocols via it’s Website. OurFitPets.com does NOT, in any way, extend the functionality of the specific third-party hardware, and is to be regarded only as a way of utilizing and/or controlling the third-party hardware. OurFitPets.com reserves full discretional rights in the matter of choosing to discontinue support or functionality logistics towards any hardware, at any time.

Malfunctions of hardware cannot occur due to usage of the OurFitPets.com Service. If you have experienced some malfunctions, please contact the third-party hardware supplier or company directly, and exercise your rights of warranty, replacement or repair according to the contractual terms you entered into with the third-party Company or individual.

Disclaimer on continuity of structure, content, service and functionality

Any aspect of the Service may be discontinued at any time at sole OurFitPets.com discretion. OurFitPets.com is not to be held liable for any partial or full discontinuance of the Service’s features, structure, the functionality or content. Any complaints on these elements may be expressed by giving us appropriate feedback.

Content Disclaimer and Limitation of Rights

Copyright (c) OurFitPets.com. All rights reserved.

This Website’s content is primarily original, unless stated and/or attributed otherwise. The site’s content is gathered, modified and published with respect to the Authors (Licensors) in accordance with all applicable The United States and international intellectual property law standards. OurFitPets.com, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete content on the Service. All the copyright and/or other intellectual property rights regarding this Service’s full content (including, but not limited to sections of this Service which are or are not available to the general public, registered users, persons with authorized access to specific sections of the Service etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, content and/or functionality of this Service can only be transferred via a binding agreement between OurFitPets.com, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Service’s visitors.

Users are allowed to: – View specific pages of this Service which are allowed for his/her use; – Download pages from this Service for the means “caching” in a web browser, print pages from this Service, stream audio or video files from this Service; – Use the services that this Service offers, using a personal computer or mobile device web browser; – Use this Service’s content, functionality and/or services for personal (business) purposes, in accordance with the Service’s Terms and Conditions.

One is to restrict of, under threat of civil and penal retribution: – Download content from this Service and/or save content to one’s private computer and/or mobile device; – Edit or modify content directly on this Service. With the exception of Licensors/Authors, which have expressly reserved their rights to do otherwise, one is further not allowed to: – Republish content from this Service; Exploit or redistribute this Service’s content for commercial purposes; – Sell, rent or sublet this Service’s content for profit or any other purposes, nor show this Service’s content in public.

Without the proper consent (licensing and/or sublicensing), one is to withhold of: – Selling, renting or subletting content on this Service; – Republishing material from this Service; – Copying, reproducing, duplicating, modifying or recreating content from this Service (unless the content is expressly made available for these purposes); Redistributing this Service’s content (unless the content is expressly made available for this specific purpose). If the content of the site is already subject to an exclusive License, it cannot be passed on to a specific petitioner requesting a License or Sublicense. The Service’s administrators do NOT warrant that Consent (thereinafter: License) will be issued to every person, group and/or other third party, which has filed a formal request for Licensing. Filing a request for licensing this site’s content is possible via e-mail or by post. Individual requests and given Licenses will be issued in written or electronic form. Note that any unilateral transfer of copyright and/or other intellectual property rights is null and void. If the content of this Service, acquired by OurFitPets.com via a specific License which requires the Author’s consent or attribution, the possible Sublicense would be issued in writing or in electronic form, upon reaching the specific Sublicensing requirements. These requirements will be stipulated between all the parties involved, and all parties involved will express their consent towards further licensing of licensed content. Note that any unilateral transfer of copyright and/or intellectual property rights is null and void. Any breach of content and intellectual property law provisions, sanctioned by The United States applicable law does not exclude the possibility of OurFitPets.com treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded.

If you have any abuse concerns, please do not hesitate to report the possible abuse, according to the guidelines available in our Privacy Policy. Abuse concerns can be reported via e-mail or by filling out a specific form which is available on this Service.

Disclaimer on Content created by Users

OurFitPets.com does its very best provide a platform in which no user submission has inappropriate, obscene or profound submissions. OurFitPets.com cannot take any responsibility for the actions of Users on our Platform, but does deserve the right of deletion of any such submission in case of independent inquiry or inquiry on demand or report of other users.

Disclaimer on possible variations of products

OurFitPets.com can not warrant for the precision and empiric correctness of the description provided by the Website (ex. Clothes sizes, Measurements according to official sizing or measurement charts), as these specifications are submitted by Users themselves. Due to varying personal and/or performance settings of mobile or static computer displays, OurFitPets.com cannot, and finds it unreasonable as a seller, to warrant for the precision of the displayed color or texture on the photographs displaying the products which could be offered throughout its service. OurFitPets.com will take no responsibility for the incorrect color or texture choice due to the performance or personal settings of Users’ displays, but the Service may, in its sole discretion, undo any possible error that has been made whilst displaying the product’s correctness by empiric measurements. OurFitPets.com, as a potential social provider of transaction of goods will take no liability in case that labels portray a different measurement according to a specific measurement chart.

Disclaimer on General Services

The Service is created as a complex software handling data processing, relying on data that you have provided. Please note that no outputs of such operation can be accurate if all the variables have not been imputed properly. The Service thereby disclaims all liability from the outputs of the services, provided that some aspects may not have been taken into consideration. In no case does the Service’s output provide an expert opinion on a specified subject matter. The Service further offers forecasts and analytics that are based on the software operations that are proprietary to our Service. Please note that these analytics and forecast outputs are for your personal use, and could be used for reference or a starting point of your informed opinion on a certain subject matter. The service distances itself and disclaims all liability that involves usage of this software as base for any personal or business decision without prior consulting of an expert.

Disclaimer on Additional Services

OurFitPets.com may offer Newsletters, Add-ons, Subscriptions and functionality extensions of its Service in the Future. For the purposes of this subsection, the aforementioned shall be regarded as a one-time, limited and non-transferrable licensed element which is meant to expand the functionality of the Website. We cannot and will not be held liable for any change, modification or discontinuance of the aforementioned elements, as it is in our sole discretion and our legitimate right to choose which of the aforementioned shall persist.

Disclaimer on Pricing

For the purposes of this document, every pivotal pricing element of extension of functionality, products, services, add-ons or in-app purchases shall be expressed in United States Dollars. Please note that prior to submitting a payment, you are to be prompted to a specific area of our Service where a breakdown of the final price, along with possible delivery options (possibly differing in pricing) shall be displayed. All prior offers are to be superseded by the pricing breakdown displayed upon checkout. If not amended specifically in checkout, all other Terms shall stay unchanged. Please note that your payment is to be made in the equivalent of United States Dollars on the day of submission of payment, in accordance with the fixed exchange rate of your native bank or money transfer provided between a different currency and the United States Dollar currency. Further note that pricing of items may vary in different jurisdictions, due to the differences in taxation or other regulation having an effect on the final price of the product. All remaining taxation or fees imposed upon the Users by their respective money transfer service providers is outside the scope of control of OurFitPets.com, and OurFitPets.com is not to be held responsible for any of the aforementioned.

Further notice that any dealings between You and other Users outside the Scope of Services (namely outside the Website itself) of OurFitPets.com, depending on your mutual agreement is your sole responsibility. If such a transaction is dealt with utilizing OurFitPets.com’s communication protocols between two users, and transactional protocols outside the Service are used, the transaction and further execution of the potential agreement between the two Users is to be their sole responsibility.

Execution of any contract between two Users, whether solemnized via OurFitPets.com or outside its scope of Services is the sole responsibility of the Users, as the Service does not handle financial transactions, does not have the potential products which are to be potentially sold in stock, or does not work as a transport provider for Users.

Disclaimer on Analytics and targeted Advertisements

You hereby understand, and find it reasonable that our Services need to be self-sufficient in order for OurFitPets.com to function. The Service includes third-party analytics and advertisement Services, which may offer us feedback on our User base response to certain areas of the website, traffic and demographics. This is used via a method which renders this information completely anonymous, so that no User may be personally identified from the information collected. Advertisement placement services (such as, without limitation: Google AdSense) provide targeted Advertisements which may be of interest to you as a part of a broader demographic. Certain Companies and Services utilize Google AdSense to conduct self-promotion on third-party websites, such as OurFitPets.com. We cannot be held liable for any conduct or practice of a third-party who/which is advertised on our Website, do not endorse or in any way favor these third-party Websites, Applications, Services and/or Products, and we distance ourselves from any statement made in the placed advertisement. We cannot be held liable for any link that may lead you towards another Website. Prior to using the Website(s) which are linked to the advertisement, it is recommended that you get acquainted with their respective set of Terms.

Disclaimer on information transfers

OurFitPets.com takes Security of information very seriously. In case that the Service is partially or fully going through a business acquisition, some of the personal information might be amongst the assets transferred. These assets will be handled with the same amount of Security and Privacy protection as guaranteed by OurFitPets.com in the present. You are hereby informed that some communication and user submission possibilities render your submission to our Service available to the world at large. You further agree that any submission is not, in any way, endorsed or favored on our behalf. We distance ourselves from any statement or opinion made on the public forum or other public submission sections, without exclusion to your own user profile. Further note that any submission may be removed in our sole discretion for non-compliance with the Terms of Service, Privacy Policy, Intellectual property law standards or this Disclaimer.

Disclaimer on Security breaches and Fair information practices

OurFitPets.com is to be held liable in the single case that it had broken the codes of ethics and etiquette, as well as the fair information practices of not noticing a security breach in the Service. OurFitPets.com will notify you of any possible security breach via e-mail. If such security breach exists, the Service will assess the problem, and will remove the security threat immediately after the initial discovery.

Limitation of Liability

Your continued usage of our Services implies your consent and awareness of the above mentioned limitations of liability in any of the aforementioned cases. No claims shall be responded to by the Service in case Users request redress from any of the Disclaimers stated above.

Interpretation guidelines

Users agree that there is no weaker party in this contract, as both parties have the opportunity to cease using or providing the Service at their own will.

Consumer Protection and Privacy Statement

Unless stated otherwise in this document, the information provided by you in whilst using OurFitPets.com shall be used only for the purposes of contacting you regarding the Scope of Service which the Company provides, or for the purposes of eventual billing. Nothing in the Terms of Service, Privacy Policy, Disclaimer or any associated documents you express your consent to (either expressly or conclusively) is constructed to violate consumer rights, so long the Terms set within these documents are not unilaterally breached by Users.

End Provisions

You are bound by, and therefore agree to, the remaining documents, which govern your use of this Website in the extent not regulated by the content of this Disclaimer statement.

Any claims or other similar procedures as recognized by law shall abide by the Choice of Law and Choice of Competent Jurisdiction made in our Privacy Policy or Subscription agreement, where appropriate.

No clause in this agreement may, in any manner or way, limit the use of imperative norms or limit statutory rights as granted to Users in the respective jurisdiction. However, these rules, where applicable, shall apply to their fullest extent.

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