All business and transactions done via OurFitPets.com have the appropriate consent from state authorities, and are in accordance with U.S. Law.
By visiting and using OurFitPets.com’ Website, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and OurFitPets.com’ other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY OurFitPets.com, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with OurFitPets.com, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. OurFitPets.com, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
References to “User” in these documents means any person that has been registered with OurFitPets.com, and is using the OurFitPets.com Website.
References to “Buyer” in these documents means any User who/which has purchased a product or service with OurFitPets.com.
References to “Services” in these documents mean any set of products or available subscription or one-time proprietary service solutions which the User can purchase throughout the OurFitPets.com service.
References to “We”, “Us”, “Service” or “Website” mean OurFitPets.com, where appropriate
These provisions, along with other legal documents are governing your use of this Website. By using OurFitPets.com Website or Content, Software and/or Services, You hereby find the Terms of Service reasonable, and fully accept them. If you do not accept the Terms of Service of use, or find them unreasonable, please stop using OurFitPets.com Website or Content, Software and/or Services.
End User License Agreement
Onwership and other proprietary rights
This service and software are, in their entirety proprietary to OurFitPets.com. As such, they are protected by us copyright, intellectual and other substantial laws, as well as international treaty provisions, you therefore must treat this service and/or software as legally protected material. One is not to rent, sublet, redistribute, sell, timeshare or copy this software’s source code, content or mimic it’s functionality by translating, disassembling, or in any other way, creating derivative works which are based on this unique code, content or functionality pattern, unless stated otherwise in this specific software license agreement and without previous consent from OurFitPets.com. OurFitPets.com does not guarantee that consent will ever be issued. Violating full ownership rights gives OurFitPets.com the right to take any action it deems appropriate, not excluding civil and/or criminal actions being brought up against the individual, group or other third party involved in the violation.
In order to register, you must be at least eighteen (18) years of age. By downloading, installing and/or using OurFitPets.com, you warrant that you are at least eighteen (18) years of age. Usage of OurFitPets.com is forbidden for all person that are bellow thirteen (13) years of age. If a child under thirteen (13) years of age is using your computer and/or mobile device, please don’t save your account credentials, such as your username and password. You hereby accept any and every liability arising from the usage of your personal account. OurFitPets.com is not, in any way, liable for the unreasonable behavior of its registered or unregistered users. It is further not liable for any authorized or unauthorized use of your account by any third party (individual or groups), including minors under your supervision. If any minors bellow the age of thirteen (13) have created accounts and/or are using OurFitPets.com content and services, this account may be suspended with or without previous notice. Please note that OurFitPets.com does not exclude any other actions being taken, including bringing up civil and/or criminal actions in front of the appropriate authorities. You are not to provide any user information in violation of anyone’s copyright or trademark right(s), or other exclusive right(s) to a name or pseudonym. OurFitPets.com deems this type of behavior to be offensive and in every way, unacceptable. OurFitPets.com therefore, reserves the right to warn, suspend and/or delete any profile engaged in these types of behavior with or without previous notice or warning whatsoever. OurFitPets.com, as a legitimate service and content provider does not support promotion of any hate speech, intolerance, racism, sexism and/or other forms or intolerant and/or criminal behavior. OurFitPets.com reserves the right to, if it comes to OurFitPets.com’ attention, that any type of the aforementioned behavior is being promoted, suspend or delete any accounts used by any individuals involved in behavior. You hereby also express your consent to: – providing true, complete and accurate information about yourself, as filled in the registration forms – maintain the personal information submitted to OurFitPets.com, to assure their completeness, truthfulness and accuracy and – notify OurFitPets.com as to any security breach related to your account.
Personal information protection clause
Please note and follow the following guidelines while submitting content via our service. Pictures, nicknames and other credentials which may be needed in order to access the functionality of our service may not be published immediately, due to possible revisions or inquiries to which OurFitPets.com has reserved full rights to. Pictures and other multimedia may not infringe any intellectual property rights, nor contain the face of a celebrity, nor violence or offensive language. Personal information (if required), such as, without limitation to your personal or billing credentials are not to be published in any manner whatsoever on our service. Any further use of your personal information is to be subject to this set of documents, or, if not referenced or stated, subject to your express further consent.
Anti-solicitation and anti-denigration provisions
As a user of OurFitPets.com, you shall withhold of any: – solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in:
- terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with OurFitPets.com;
- becoming employed by, or work for any other person, group or entity other than OurFitPets.com;
- Make any negative or defamatory statements or comments about OurFitPets.com or any of its representatives, which may result in hurting the reputation, image, ability or goodwill of OurFitPets.com or its representatives;
- Solicit or cause an existing or potential customer to cease using OurFitPets.com and it’s provided products and services or to solicit and cause a potential customer to use other products or services, which are competitive with OurFitPets.com products and services;
- Aid, abet or authorize any person, group or entity in any of the aforementioned.
OurFitPets.com will may occasionally, depending on your consent to do so, send information on products, Services, Special deals, promotions or Newsletters You have subscribed to. You may choose not to receive these types of communications by Opting Out. For more information, please read further to the “Consent and Opt-outs” subsection. OurFitPets.com may also send you service-related announcements on rare occasions if it’s necessary to do so. These communications are NOT PROMOTIONAL in nature. OurFitPets.com may also utilize Third-party e-mail delivery systems to contact you and provide You information via e-mail. These companies do NOT retain, share, store or use personal information for any other purposes.
Collection of Personal information
Any forms you are to fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific service provided by OurFitPets.com trough this Website will be used only for the purposes of registration, identification and/or enabling other communication functionality.
Range of Use of Your Personal Information
Personal information collected by OurFitPets.com is primarily used to customize Your User Experience This may include personalized Services, communications and other Services, which are provided by OurFitPets.com. Personal information may also be utilized to deliver You personalized advertisements. Advertisers however do NOT have access to Your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to Your preferences. For more information, please see the “Consent and Opt-Outs” and “Log files and Cookies” Subsections. Without allowing for access to some of your personal information, some of the functionality of the Website may be limited.
Law Enforcement and Inqiries of potential abuse of Service or Statutory Provisions
OurFitPets.com may disclose Your personal information in the minimal range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. OurFitPets.com may further disclose Your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, OurFitPets.com WILL NOT disclose more information than the minimal range which is prescribed by governing law. OurFitPets.com reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of OurFitPets.com and it will include any steps that OurFitPets.com finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
The CANSPAM Act
Where applicable, The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We strictly collect your e-mail address so we may: – Send information, respond to inquiries, and/or other requests or questions; – Process orders and to send information and updates pertaining to orders; – Send you additional information related to your product and/or service; – Market to our mailing list or continue to send emails to our clients after the original transaction has occurred. Note that this subsection only refers to the e-mails sent by OurFitPets.com. Third-party authorized sellers of our Website do have their separate e-mailing protocol. We comply to every provision in the CANSPAM act, which includes: – providing true and non-misleading subects or e-mails; – Identify the message as an advertisement in some reasonable way; – Include the physical address of our business or site headquarters; – Monitor third-party email marketing services for compliance, if one is used; – Honor opt-out/unsubscribe requests quickly. – Allow users to unsubscribe by using the link at the bottom of each email.
The FERPA Act
Consent and Opt-Outs
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly, and as stated in the introductory clauses, all further usage of Your personal information is subject to Your FURTHER CONSENT. You therefore have the choice of denying us access or not providing us this information, either manually within the Website. Please note that some aspects of the functionality of this Website depends on your providing of your personal information or location. If, at any time, you would like to unsubscribe from receiving future emails, you can email us directly, or submit a request on a dedicated area of our Website. You may also request to unsubscribe form future e-mails by following the instructions at the bottom of each email. Upon doing so, you will be promptly removed from ALL correspondence you have been subscribed to.
Cookies, Clear Gifs and Behavioral Tracking Mechanisms
Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilized to administer the site and to track Users’ movements across the Website. Cookies are small pieces of data stored locally on Your Device. Session ID cookies are used and utilized to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilized to improve navigation on our site. We do not recommend restriction of cookies, because we utilize them to improve Your user experience. Clear pixels are a part of a tracking technology, in order to track the movement of the Users within the Website. In contrast to Cookies, Clear Gifs are not stored on Your device. OurFitPets.com does not tie movement or usage data to personal information in any way whatsoever. Third party advertising services, providing you with targeted advertisements according to Your preferences, according to Your behavior and searches on the Internet. We may also utilize analytic software or algorithm in order for us to gain statistics gathered from users on our Website. The information advertising services or analytic software or codes collects is not, in any way, relatable to your identity, and we do not believe that it may be used to disclose your identity. Third-party behavioral tracking methods are used on our Service. Please note that any information is not relateable to any user, whether underage or of age, and we do not believe it could be used to disclose your identity.
Restrictions and Termination
The service reserves the right to inquiries, suspension or termination of your account in the cases of a repeated breach of the Legally Binding documents a User has entered into upon registering with the OurFitPets.com Service and using our proprietary software in the form of a Subscription, with or without prior notice whatsoever. You are to abide by these restrictions, and are compliant not to:
– Impersonate any person or entity whatsoever,
– Solicit money from fellow users on the Service
– Stalking, harassing or public humiliation of any person.
– Express or imply statements of endorsement by the company without the previous consent of the company or service whatsoever,
– Access the service in a jurisdiction where it is prohibited to do so, – Utilize the service in any jurisdiction whatsoever in order to commit illegal acts by the respective jurisdiction’s applicable law, – Interfere with or disrupt the Service in any way (technical or other),
– Transmit material containing software viruses and other malware, – Forge headers or manipulate identifiers to disguise the origin of any information transmitted through the Service whatsoever, – Use metastases, cote, or other devices containing reference(s) to the company or the service, including all proprietary ownership and intellectual property whatsoever,
– Modify, adapt, create derivative works of, translate, sale, decompile or disassemble any portion of the Service, or any software used on or for the Service, or solicit others to behave in this matter
– Submit, use, transmit or distribute directly or indirectly any media, content or information directly or indirectly obtained from the Service other than solely in connection with your use of the Service, and in accordance with the Terms of Service, or other violations under the relevant applicable law.
OurFitPets.com Website, content 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 or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that OurFitPets.com has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations Website or Apply 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 U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
If any provision of these Terms of Service is, or is to be found by a Website or Appropriate authority, unenforceable under U.S. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with U.S. Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by a Website or Appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects this Agreement, which have not been regulated by the provisions of this agreement, by U.S. law. The parties covenant that the Website or Applicable and usable law according to which this agreement will be governed will be the law of toe U.S.. Subsequently to the aforementioned, U.S. Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly. The parties designate U.S. courts as main court authorities for any litigation proceedings that could occur from the content of this Agreement.
You hereby agree to indemnify and hold OurFitPets.com, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the OurFitPets.com Website or software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.
In the event that OurFitPets.com goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service. You will be notified via e-mail of any such change of ownership of your personal information.
ASCENT AND END PROVISIONS
Document as a whole
These Terms of Service reflect the policy of OurFitPets.com in regards to your usage of this Website. They are further intended to inform OurFitPets.com Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.
Consumer Protection Clause
Headings arranged in numerical and contextual value have been used in this document. Please note that these headings are inserted for mere convenience, and the names do not have to necessarily produce legal effect.
You hereby enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website.
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