Terms of Service

Terms of Service

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES THROUGH THIS SITE.

Takeyourpet (the "Service"), is wholly owned and operated by Net Publishing LLC (the "Company"). The Company provides access to and use of the Service subject to your acceptance of the terms and conditions of this Service Agreement (the "Agreement"). The Company and the Service may from time to time add to, delete from, or modify this Agreement. Any additions, deletions, or modifications to the operating rules or policies set forth in this Agreement will be made available at the Service's web site. This Service Agreement comprises the entire agreement between you and Company. BY USING THIS WEBSITE YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.

If you are under the age of 18, you should seek your parents' permission before divulging any personal information.

SERVICE DESCRIPTION

The Company is providing you with the ability to enjoy a variety of communication, information, and commerce services via an interactive integrated platform. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the internet; (2) provide for your access to the internet and pay any service fees associated with such access.

MEMBERSHIP DATA

In consideration for the Service, you shall provide certain current, complete, and accurate information about yourself as prompted to do so by the Service and maintain and update this information as required to keep it current, complete, and accurate. You grant the Company the right to disclose to third parties certain membership data in summary form; such disclosures however, will not include your name, email address, phone number, nor mailing address, unless Company is required to disclose such information by any applicable law or process served on the Company. If any information provided by you is intentionally inaccurate or misleading, we may terminate your use of the Service. Your account is protected by both a discreet ID (the "Username") and password (the "Password") . You will select your own Username and Password and you will be solely responsible for their confidentiality and privacy. You are fully liable for any use of your account, including any unauthorized use by any third-party.

FEES

Certain portions of the Service may be available only upon payment of fees. You agree to pay all fees incurred at the rates in effect for the period in which the fees are incurred. You further agree to reimburse the Company for any fees it incurs due to your failure to provide proper account information, returned electronic checks, or charge backs. The Company may modify the fee structure at any time in its sole discretion.

RECURRING MEMBERSHIPS

The Company may offer recurring memberships that automatically renew unless cancelled by you. If you purchase such a membership you must cancel by notifying the Company through the website email contact form. Any cancellation will not be effective until received by the Company and reflected in a cancellation receipt received by member.

SERVICE CHANGES

Company reserves the right to add to, delete from, modify, or discontinue Service with or without notice. Your sole recourse in the event of any such discontinuance shall be to receive a pro-rated refund of any unearned membership fees.

USE OF THE SERVICE

You may not: (i) transfer, resell, or make any commercial use of the Service; (ii) use the Service for harassment of another user or users including, but not limited to, transmitting any unlawful, threatening, defamatory, or obscene material, or material of any nature which could be deemed to be offensive; (iii) use the Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; (iv) attempt to interfere in any way with the Service or another's use of the Service. You shall immediately notify Company of any security breach in or unauthorized use of your account.

LINKS

The Service may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk.

SUBMISSIONS

If you send certain specific submissions (e.g., postings to chat, boards, or contests) or, you send us suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of us. None of the Submissions shall be subject to any obligation of confidence on the part of us, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else related to the Submissions.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

LIMITATION OF LIABILITY

WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Under no circumstances will we liable for any incidental, special, or consequential damages that result from your use or inability to use the Service or otherwise related to the Service even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental, special, or consequential damages, or the exclusion of certain warranties, so the above limitations may not apply to you. In no event shall our liability to you exceed the total of the amounts you have paid us in the last twelve (12) month period. Any claim or cause of action related to the Service shall be filed within one (1) year after such claim or cause of action arose.

INDEMNIFICATION

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any damages or expense, including reasonable attorneys' fees, relating to your use of the Service or the violation of this Agreement by you.

INFORMATION

All information disseminated through this Service (the "Information") is owned by and remains the property of us and is protected by United States and international law. Upon any required payment, the Information is licensed to you for your non-exclusive, personal, and noncommercial use solely by downloading one copy of the Information on any computer you are using. You may not copy, translate, adapt, lease, rent, redistribute, transmit, place on a network, or otherwise allow third parties access to the Service. If you violate any part of this agreement, your right to use the Service terminates automatically. Except as stated above, this agreement does not grant you any rights in the Information.

DISPUTES AND MISCELLANEOUS

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. This agreement shall be governed by the laws of the State of Colorado, without reference to conflict of laws principles. Venue for any disputes related to the Service shall rest exclusively in the federal courts of Denver, Colorado and the state courts of Douglas County, Colorado and you irrevocably agree to submit to the jurisdiction thereof and waive any rights you may have to contest such jurisdiction. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. We may give notices to you by electronic mail, a posting on Takeyourpet.com, or postal mail and such notices will be effective whether or not actually received by you. If any portion of this agreement is invalid, the remaining portions of the agreement shall remain in full force and effect. This agreement is the entire agreement concerning your use of this site and may only be modified or waived by a writing signed by us.


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