Pets on the Go Premium Content
1. ACCEPTANCE OF TERMS
Pets on the Go.com (POTG) provides all of its information to you, including its Premium Content, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. Your use of POTG constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF PREMIUM CONTENT
POTG provides users with access to Premium Content licensed by Dawbert Press Inc. to POTG. Unless explicitly stated otherwise, any new features that augment or enhance the current POTG, including the release of new POTG properties, shall be subject to the TOS. You understand and agree that the Premium Content is provided "as-is" and that POTG assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Premium Content by subscribing through POTG's registration page and understand that access may involve third party fees (such as Internet Premium Content provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Premium Content.
3. MODIFICATIONS TO PREMIUM CONTENT
POTG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Premium Content (or any part thereof) with or without notice. You agree that POTG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Premium Content.
POTG may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the terms of Premium Content page of the web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use POTG after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
POTG will charge you fees for access to POTG's premium offerings. All transactions will be processed through iBill, POTGs third party billing partner. In order to use the Premium Content or designated portions of the Premium Content you will be required to register and create an account. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. POTG reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
Your right to use the Premium Content is subject to any restrictions established by POTG or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned to POTG for any reason, including charge back, POTG reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have questions about your bill or about POTG Premium's billing policies, please contact us http://www.ibill.com.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to this Premium Content, you will select a subscriber ID (username) and a password. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your POTG account including, but not limited to, use of the account by any person authorized by you to use your subscriber ID and password.
6. NON-TRANSFERABILITY OF SUBSCRIPTION
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.
7. SUBSCRIPTION RENEWAL AND CANCELLATION
POTG will e-mail one-year subscribers approximately one month before such a renewal and give them the opportunity to renew their subscriptions. POTG will automatically cancel your account upon the anniversary date of your subscription, unless you choose to renew.
The renewal charge will be equal to your original sign-up price, unless you are otherwise notified in advance (electronically) by POTG.
8. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Premium Content, including payment and delivery of related goods or Premium Contents, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that POTG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Premium Content.
POTG may provide, or third parties may provide, links to other World Wide Web sites or resources. Because POTG has no control over such sites and resources, you acknowledge and agree that POTG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that POTG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Premium Contents available on or through any such site or resource.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE PREMIUM CONTENT IS AT YOUR SOLE RISK. THE PREMIUM CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POTG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. POTG MAKES NO WARRANTY THAT (i) THE PREMIUM CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE PREMIUM CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PREMIUM CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, PREMIUM CONTENTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PREMIUM CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PREMIUM CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POTG OR THROUGH OR FROM THE PREMIUM CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY POTG AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POTG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POTG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PREMIUM CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PREMIUM CONTENTS RESULTING FROM ANY GOODS, DATA, INFORMATION OR PREMIUM CONTENTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PREMIUM CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PREMIUM CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE PREMIUM CONTENT.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13. TRADEMARK INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Premium Content are protected by copyrights and other intellectual property rights owned and controlled by POTG or by other parties that have licensed their material to POTG. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
Pets on the Go and The Jet Set Pet are service marks for Dawbert Press, Inc. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that POTG is an information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. POTG will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that POTG's content or trademarks are being misused please contact firstname.lastname@example.org as soon as possible.
The failure of POTG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Premium Content or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us at email@example.com.
You agree to indemnify, defend and hold POTG harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
18. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS:
Any comments, materials, or letters sent by you to POTG regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. POTG shall have no obligation of any kind with respect to such Received Materials and POTG will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, POTG is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to POTG for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
You can read POTG's privacy statement here
20. RESTRICTIONS ON USE:
You may not use POTG or its content for any illegal purpose or in any manner inconsistent with these Terms of Premium Content. You agree to use POTG solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
22. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of Premium Content on http://www.petsonthego.com the entire agreement between you and POTG and govern your use of the Premium Content.
23. REFUSAL OR DISCONTINUANCE OF PREMIUM CONTENT:
POTG reserves the right to refuse or discontinue Premium Content to any user for non-compliance with these Terms of Service.
24. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of Massachusetts. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Massachusetts and you agree to personal jurisdiction by the state and federal courts sitting in Boston, Massachusetts. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.