BY USING OUR WEBSITE AND BLOG, YOU AGREE TO THESE TERMS OF SERVICE.
You represent and warrant to Pup Treats and Happy Feet that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Website and/or blog in accordance with this Agreement.
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review our Disclaimer for more information.
Any sales of products or services mentioned on this Website are final. Refunds may be issued or a comparable item may be substituted at the full discretion of Pup Treats and Happy Feet on a case-by-case basis. If you are not happy with something please contact us right away at PupTreatsPgh1@gmail.com. We strive to take care of our clients and make you happy.
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the Website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this Website, these Terms and Conditions shall be construed in accordance with the rules and regulations of the state of Pennsylvania and United States. You agree to consent and submit to the jurisdiction of the state and federal courts in Pennsylvania without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. You agree to resolve any disputes or claims first through mandatory arbitration in the state of Pennsylvania and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure.
"Materials" refers to written and graphical content provided by or through the Website or online account, including, without limitation, text, forms, photographs, illustrations, and designs, whether provided by Provider, another customer of the Website or online account, or any other third party.
All content on this Website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, software and downloadable software applications, and all other information here (collectively, the “Content”) is owned by us or the party credited as the provider of the Content. The respective owner retains all right, title and interest in and to its Content. The Website and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You are granted a limited revocable license to print or download Content from the Website for your own personal, non-commercial, non-transferable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. You must reference Pup Treats and Happy Feet or the party credited as the provider of the Content when doing so.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content with the intent to sell or use as advertising as your own ideas or work.
We intend that all content provided on our Website respects the copyright and other proprietary rights of third parties. If at any time you believe that any content on our Website infringes your copyrighted material, you may request the content be removed from the Website in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3). We will remove the identified material promptly. We will immediately take reasonable steps to inform the user who posted the allegedly infringing material of the Notice and subsequent removal.
For any Content or information that you upload, post, transmit, distribute and/or send to Pup Treats and Happy Feet's Website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content. You grant us royalty-free, perpetual, irrevocable right to identify you, publish, post, display, edit, reproduce any Content provided by you on our Website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree that you will not upload, post, transmit, distribute and/or send to Pup Treats and Happy Feet content that (1) slanders, libels, defames, disparages or otherwise violates the legal rights of any third party, (2) is defamatory, abusive, hateful, obscene, pornographic or inhumane (3) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law, (4) is material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (5) attempts to gain unauthorized access to any portion or feature of the Website, (6) sends unsolicited or unauthorized material or causes disruption in the operation of the Website, (7) constitutes or contains false or misleading indications of origin or statements of fact, (8) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services; (9) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party, (10) violates any applicable laws, rules, or regulations, (11) impersonates another person or entity, or that collects or uses any information about Website visitors. You agree to use the Website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
User product reviews and ratings features and tools, and other facilities or means by which users can interact with, submit content to, and otherwise communicate with the Website are foregoing collectively referred to herein as the "Site Tools". The Site Tools include certain features and tools that allow users of the Website to submit reviews and ratings of products, services or locations (collectively, "Review/s") and/or read reviews and ratings of products, services or locations submitted by other Website users (“Review Tool/s”). You are solely responsible for the content of any transmissions you make using any Site Tool or otherwise to the Website, including without limitation any Review, rating, test result, story, anecdote, background, experience, question, suggestion, recommendation or other communication submitted using any Site Tool (the foregoing, collectively, "Communications").
Pup Treats and Happy Feet is not responsible for any statements, representations, descriptions, comments, or opinions in Communications transmitted using any Site Tool or otherwise posted on the Website, including without limitation any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of the Site Tool or the use of any content posted in a Review. Pup Treats and Happy Feet and its Affiliates do not endorse or accept any Communications as their own or representative of their views.
With respect to your conduct while publicly posting a Review or using any Review Tool, you agree not to:
(1) attempt to disguise the origin of any content transmitted;
(2) act in any manner that could negatively affect other users' ability to use the Website;
(3) impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
(4) upload, post or otherwise transmit any content that:
- is not relevant to the product, service, person or entity being reviewed or rated;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
In addition to the grant of rights described above, by transmitting Reviews to the Website, you hereby grant Pup Treats and Happy Feet the right to use on the Website the user name, identifier, or any portion thereof, and any photograph submitted or otherwise transmitted in connection with such Reviews, if Pup Treats and Happy Feet so chooses.
You further represent and warrant that (1) the Reviews you submit are original to you; (2) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (3) Pup Treats and Happy Feet shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
Pup Treats and Happy Feet may take any or no action with respect to Reviews submitted to the Website including, without limitation, deleting, editing, modifying (for spelling errors or clarification only), rejecting, or refusing to post such Reviews with no notice and at Pup Treats and Happy Feet's sole discretion. Pup Treats and Happy Feet may use your user name, geographical location or other identifier to attribute authorship of Communications to you. Pup Treats and Happy Feet reserves the right to report information from Reviews to appropriate government agencies in connection with any consumer safety and related concerns.
You hereby waive all rights generally known as "moral rights" in your Communications (including your stories, test results, ratings, and Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction. If it is determined that you retain "moral rights" (including rights of attribution or integrity) in Communications, you agree and warrant that (1) you do not require that any personally identifying information be used in connection with the Communications; (2) you have no objection to the publication, use, modification, deletion and exploitation of the Communications on the Website in all forms and media and all manners, including composite, digitally changed, enhanced, or distorted representations, for any lawful purpose, including but not limited to, marketing, social media, promotional materials, and any other physical or digital form; and (3) you forever release Pup Treats and Happy Feet, its licensees and its successors and assigns, from any claims that you could otherwise assert against them by virtue of any such uses, including any claims for moral rights.
Pup Treats and Happy Feet reserves the right to (1) screen Communications for errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.); (2) edit, modify, remove or disable access to any content that violates these provisions or that Pup Treats and Happy Feet deems objectionable; and (3) investigate any misuse of any Review Tool, or its systems, equipment or network. Without limitation of the foregoing, Pup Treats and Happy Feet reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third-parties that Pup Treats and Happy Feet suspects has violated any law or regulation. Pup Treats and Happy Feet also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
You acknowledge and agree that any Communications made to or by means of any Site Tool are public and you have no expectation of privacy in any such Communication. No confidential, fiduciary, contractually implied or other relationship is created between you and Pup Treats and Happy Feet by reason of your transmitting a Communication to any Site Tool. Pup Treats and Happy Feet reserves the right, but has no obligation, to monitor the Site Tools and edit, modify or delete any Communications (or portions thereof) which Pup Treats and Happy Feet, in its sole discretion, deems misspelled, inappropriate, offensive or that violate this Agreement.
You expressly consent to our communicating with you about our products and services using the information you provided to us and acknowledge that we have the authority to contact you via the information you provide. We will not provide your information to any third-party. We may contact you by mail, email, and/or mobile telephone number, text (SMS) message, or any other means of communication that your telephone or other telecommunications device may be capable of receiving. We respect your privacy. If you do not want to be contacted by us and opt-out, please email us at PupTreatsPgh1@gmail.com.
We reserve the right to refuse, remove, restrict your access, and/or terminate your use of our Website including any or all content published by you or us for any reason, without notice.
EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (I) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (II) PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION; (III) PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL CONFORM TO RECIPIENT'S LEGAL NEEDS AND/OR LAWS, RULES AND REGULATIONS APPLICABLE TO RECIPIENT; AND (IV) PROVIDER IS NOT ACTING AS RECIPIENT'S ATTORNEY OR FIDUCIARY.
IN NO EVENT: (A) WILL PROVIDER'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50; AND (B) WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (I) TO LIABILITY FOR NEGLIGENCE; (II) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (III) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (IV) EVEN IF RECIPIENT'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section, Provider's liability will be limited to the maximum extent permissible.
You expressly agree that your use of the Website is at your sole risk and that you are responsible for the accuracy of the personal and any information you provide, outcome of your actions and for all other use in connection with the Website.
You also expressly agree that we and/or our officers, employees, successors, partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the Website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the Website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the Website; 3) any theft or unauthorized access by third party of your information from the Website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here. You agree that we provide no guarantees to you for the content presented, and you accept that no particular results are being promised.
You agree to hold Pup Treats and Happy Feet and/or its parent, officers, directors, employees, licensees, assigns, and affiliates harmless from and against all reasonable claims, losses, liability, costs and expenses (including reasonable attorneys' fees) assessed against or otherwise incurred by you arising, in whole or in part, from: (1) actions or omissions by you or your agents; (2) violation of any laws, rules, regulations or ordinances by you or your agents; (3) any actions by your or your agents regarding the use of the Website, including purchasing products and services; (4) violation of any terms and conditions of this Website by you or your agents; 5) infringement by you or any other user of your account of any intellectual property.
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.