Last Updated: May 16th 2023
By accessing or using this website (“Site”) in any way, you (“Customer”, “you”, or “your”) agree to be bound by the terms and conditions in this Terms of Service Agreement (the “Agreement”). The Site is brought to you by Unchained Media, LLC (“OurFitPets”, “we,” “us” or “our”). The Agreement is a binding legal contract between you and us.
Important notice: your use of this site is subject to a mandatory arbitration provision and class action waiver set forth in the section of this agreement titled “dispute resolution by binding arbitration and class action waiver”. Please carefully review that section of this agreement.
Eligibility
You must be at least age thirteen (13) to use the site. By accessing, using, and/or submitting information to or through the Site, you represent that you are at least age 13 and that you have the power and authority to enter into and perform your obligations under this Agreement. If you are between age 13 and the age of majority in your place of residence, you may use the Site only under the supervision of your parent or legal guardian. If you are the parent or legal guardian and consent to your minor child’s access to and use of the Site, you agree to be bound by these terms on behalf of yourself and your minor child.
OurFitPets Newsletter & SMS Notifications
We offer a free subscription (“OurFitPets Newsletter”) for users to get notifications via email and/or SMS when new content is being published. Email and SMS communications may also include affiliate promotions (as stated at the bottom of all emails), please refer to our Disclaimer & Disclosure for more information. Users can unsubscribe to the newsletter by simply clicking on “Unsubscribe” at the bottom of any email received or by texting STOP to unsubscribe from SMS notifications.
No Veterinary Medical Advice
The Site may refer you to third-party online veterinary services. Your use of these features, and the information you receive from these third-parties, does not create a veterinary-client patient relationship, is not a substitute for an in-person visit with a veterinarian, and is not intended to provide a specific diagnosis or treatment plan for your pet.
OurFitPets does not practice veterinary medicine, veterinary technician services, or any other licensed profession, nor does the OurFitPets interfere with the practice of veterinary medicine, veterinary technician services, or any other licensed profession by the Veterinary Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. We will not be liable to you or any third party for damages or losses related to any veterinary medical advice procured through the site.
We May Make Changes to These Terms
We may make changes to these Terms of Service from time to time. These changes will apply immediately upon posting, unless otherwise stated by us. Your continued use of this Site or any of the products or services made available through this Site will constitute your agreement to any changes.
We May Modify the Site
We may alter the Site or any part of it at any time. We may also discontinue the Site or any part of it at any time.
Our Rights in and to OurFitPets Materials
All information, software, hardware and other content or material that is provided or used by us or anyone engaged by us in connection with this Site, or that otherwise comprises or relates to this Site (the “OurFitPets Materials”) is the exclusive property of OurFitPets and its third-party licensors. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license.
Our rights in and to OurFitPets Materials are protected by copyrights, patents, trademarks, trade secrets, and/or other intellectual property laws. You understand and agree that these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on OurFitPets Materials.
You Have Permission to Access the Site for Personal Use, But We May Revoke That Permission
You have permission to access this Site for your personal use in compliance with this Agreement and the third-party licenses governing certain software included in this Site. You may not use the Site for any non-personal purposes, such as for a business, nor may you transfer your permission to anyone else. We may immediately revoke your permission to access this Site for any reason, including your actual or suspected breach or violation of this Agreement, any law or regulation, or the rights of any third party. Such measures may be taken in our sole discretion and without liability to you or anyone else.
User Restrictions
You shall not: (a) distribute, market, resell, or transfer any portion of the Site or the information it contains; (b) use the Site in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (c) remove any proprietary notices, labels, or marks on the Site; (d) attempt to derive any source code or underlying ideas or algorithms of any part of the Site; or (e) use the Site in a manner that (i) infringes or violates anyone’s intellectual property, privacy, or other rights; (ii) is unlawful; (iii) is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; or (iv) involves commercial activities or sales without our prior written consent. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Site is strictly prohibited.
Links and Third Party Materials
This Site may include links to other websites, resources on the Internet, or utilize the services or content of our partners or other third parties (collectively, “OurFitPets Materials”). We are not liable for, and you assume the risk of using or downloading, any Third Party Materials.
The Site is Provided “As Is” and “As Available”
This site and any content therein is provided “as is” and “as available.” We do not make any warranties beyond those on the face of the site. To the fullest extent permitted by law, we expressly disclaim all express and implied warranties.
Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this site. you obtain, download, use, and rely upon material on or linked to on this site at your own risk, and we will not be liable for any damages that result. If you are dissatisfied with this site or this agreement your sole remedy is to discontinue using this site.
Without limiting the foregoing, in no event shall our total liability to you in connection with your access to and use of the site, purchase of any products, any communications between you and us (including communications through third parties), and your rights under this agreement exceed the amount you have paid us in connection with the transaction(s) that underly the claim(s).
You Must Indemnify Us For Claims Involving Or Connected To Your Conduct
You agree to defend, indemnify, and hold harmless OurFitPets, our officers, members, managers, employees, partners, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs, arising out of or in any way connected with your use of this site or your violation of this agreement, any law, or the rights of any third party.
California Law Governs The Agreement
This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of California without reference to its conflicts or choice of law principles. You irrevocably submit and consent to the personal jurisdiction of such courts.
Dispute Resolution by Binding Arbitration and Class Action Waiver
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, to any products or services sold or distributed through the Site, including any subscription arrangement, or to any aspect of your relationship with OurFitPets, will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and OurFitPets will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement. Nothing in this section is intended to limit the relief available to either you as an individual or OurFitPets in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.
You agree to waive your right to file or participate in a class action. All claims and disputes within the scope of this agreement must be litigated on an individual basis and not on a class basis or through participation in a class action, class arbitration, or representative action. Claims or disputes of more than one user cannot be litigated jointly or consolidated with those of any other user. If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Orange County, California.
You shall have thirty (30) days from the earliest of the date that you visit the Site to opt out of this arbitration provision and class action waiver, by contacting us by email at admin@ourfitpets.com. If you do not opt out by the earliest of the date that you visit the Site, then you are not eligible to opt out.
Electronic Communications
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically are sufficient and satisfy any legal requirement that such communications be in writing.
Our Privacy Policy
We collect, store, and use data collected from you in accordance with our Privacy Policy, which can be found at https://ourfitpets.com/privacy-policy and which is incorporated herein by reference. Unless stated otherwise, the provisions of the Privacy Policy and this Agreement shall be construed to be complementary, not conflicting. In the event there is a conflict between the non-privacy related terms and conditions of the Privacy Policy and this Agreement, the terms and conditions in this Agreement shall govern.
This Is The Entire Agreement
This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and OurFitPets and supersede all prior agreements, both oral and written, concerning the subject matter of this Agreement.
Term, Termination, and Survival
This Agreement is effective at the moment you first access or use the Site and continues in full force until terminated by you or us. We may also Terminate the Agreement for any other reason, and at any time.
The provisions of this Agreement related to our intellectual property rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and dispute resolution, including the class action waiver, and any other rights and obligations which are by their nature intended to survive termination, will survive any termination of this Agreement.
Waiver and Severability
Our failure to enforce any provision of this Agreement is not a waiver of our right to enforce them.
If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
Assignment Of Rights And Obligations
You may not assign, transfer, or sell your rights or obligations under this Agreement, nor delegate your duties under this Agreement to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
Questions?
Contact us here: https://ourfitpets.com/contact-us