Terms & Conditions
Your use of PawshPaws.com, constitutes
agreement to and acceptance of these terms.
1. Agreement Between User and PawshPaws.com
The PawshPaws.com web site (the "web site") is
offered to interested customers (each a "User" or "you")
and is conditioned upon your acceptance without modification of the
terms, conditions and notices contained in these Terms of
Use. As a User, your access and/or use of this web site constitutes
your express agreement to all such
terms, conditions and notices. If you do not agree with these Terms of
Use,you are not authorized to use this web site. Please periodically
link to and review these Terms of Use, because
your continued usage of this web site indicates your agreement with any
revisions to these Terms of Use.
2. Accounts & Registration
In order to access certain content and/or services on the web site, you
may be required to register an account with PawshPaws.com. You are responsible for maintaining the
confidentiality of your password, and are fully responsible for all
activities that occur under your account. You agree to
immediately notify PawshPaws.com of any unauthorized use of your
password or account or any other breach of security, and to ensure that
you exit from your account at the end of each session. Please
notify us via email or via voicemail of any potential unauthorized use(s)
of your account, or breach of security.
With respect to security: We always use industry-standard encryption technologies
when transferring and receiving consumer data exchanged with our site. We have appropriate
security measures in place in our physical facilities to protect against
the loss, misuse or alteration of information that we have collected
from you at our site.
3. User Provided Information
By submitting your name, e-mail
address, telephone number, and/or any other information to PawshPaws.com through the web site, you hereby grant
to PawshPaws.com a royalty-free license to use and disclose this
information in accordance with PawshPaws.com's Privacy
Policy and these Terms of Use.
Please review PawshPaws.com's Privacy
Policy before submitting any personal identifiable information to PawshPaws.com.
In using our services you warrant, represent, and agree that:
(a) you will provide PawshPaws.com with truthful and accurate
information and will promptly inform PawshPaws.com of any required
updates to such information;
(b) you are of legal age (18 or over in most states) and are otherwise
capable of forming a legally binding contract; and
(c) if you sign up with PawshPaws.com as a potential buyer,
you represent and warrant and agree that you are interested in being
contacted in the future about our services.
4. User Conduct
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided,
shall be the sole responsibility of the person providing the Content or the person whose user account is
used. We shall not be responsible to you in any way for the Content that appears
on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that
you shall not:
(a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
(b) impersonate or misrepresent your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent the origin of any
Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal
liability or which may constitute or be considered a violation of any
local, national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
If PawshPaws.com becomes aware, through a complaint or otherwise, of
any potential or suspected violation of these Terms of Use
or our Privacy Policy,
PawshPaws.com may (but is not obligated to) conduct an
investigation to determine the nature and extent of the suspected
violation and the appropriate enforcement action, during which investigation
PawshPaws.com may suspend services to any User being investigated and/or remove any
material from our servers. You agree to cooperate fully with any such investigation. You
acknowledge that violations of these Terms of Use or the
Privacy Policy could be subject to criminal or civil penalties.
5. Submission of Content on This Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license will apply with respect to any
form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us with the license set forth in
this Section 6;
(c) you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove
or block access to any Content you provide at any time and for any
reason, with or without notice.
6. Your Responsibilities
You are responsible for learning and complying with all restrictions and laws (including, but not limited to
governmental, property, or association restrictions).
The use of our information, products and services should be based on your
own due diligence and you agree that our company is not liable for any
successes or failures of the sale of your home that is
directly or indirectly related to the purchase and use of our
information, products and services.
As with anything, your results may vary, and will be based on your efforts and experience, as well as your individual
capacity, expertise, and level of desire. There are
no guarantees concerning the level of success you may
experience. The testimonials and examples used are not
intended to represent or guarantee that anyone will achieve the same or
similar results. Each individual’s success depends
on his or her background, dedication, desire and motivation.
7. Accuracy & Results
All information, including pricing, is subject to change
without notice.
We cannot guarantee your future results and/or success. There are some
unknown risks on the Internet that
we cannot foresee which can reduce results. We
are not responsible for your actions.
8. Termination of Services
PawshPaws.com reserves the right to remove any and all information on the web site
and/or to cancel any and all services provided on or through the web
site or provided to anyone at any time. In addition, if PawshPaws.com has reason to believe you are in breach of these
Terms of Use or any other obligations owed to PawshPaws.com, then without
limiting any other remedies, PawshPaws.com may issue a warning,
temporarily suspend, indefinitely suspend, or terminate your
subscription and/or account and delete any other information placed by
you on the web site at PawshPaws.com's sole discretion.
9. Reservation of Rights
We reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and
the goods and services that may be provided. The use of our rights and
property requires our prior written consent. We
are not providing you with any implied or express licenses or rights by
making services available to you and you will have no rights to make
any commercial uses of our web site or service without our prior
written consent.
10. Assignment
You may not assign these Terms of Use, in
whole or in part, without PawshPaws.com's prior written
consent, and any attempted assignment without such consent shall be
null and void. PawshPaws.com may assume and assign these Terms of Use without your consent to
a successor-in-interest in connection with a change of control, merger,
sale of all or substantially all of its assets to which this Agreement
relates or other corporate reorganization. Subject
to the foregoing, these Terms of Use shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and
permitted assigns.
11. Third Party Services
This web site may contain hyperlinks to web sites operated by parties other
than PawshPaws.com. Such hyperlinks are provided for
your reference only. Representations made regarding products
and services provided by third parties are governed by the policies and
representations made by these third parties. We
shall not be liable for or responsible in any manner for any of your
dealings or interaction with third parties.
Neither our company nor its owners, or partners shall be
responsible for content appearing on third party sites which are linked
to the Site. Nor shall we have any responsibility for any incentives
(regardless of form) that may be offered by anyone other than in
connection with a particular listing. You agree to look solely to the
third party offering such incentive to fulfill its agreement with you
and you hereby hold us harmless and release us from any
liability whatsoever in connection with any third-party incentive offer.
12. Outside Expertise
If you need any legal, tax, accounting, or
other expert assistance, you will consult, at your own expense, the
appropriate professional. We strongly recommend that you consult with an attorney and other appropriate experts.
Any information that we provide or make available regarding third party providers of services or products
(each, a "Vendor") is solely for your convenience, to aid you in selecting such a Vendor
yourself. None of such information is intended as (and none of such information will be treated for any
purposes as) a recommendation, endorsement, referral, guaranty or
warranty of such Vendor or such Vendor’s services or products. It is your responsibility
to evaluate any Vendor yourself, before retaining such Vendor. If we provide any links to any other web
sites, we have no responsibility for, and do not guaranty or endorse
such web sites, including the content, security practices or sponsors
thereof.
13. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including reasonable attorney's fees, that may be made by any
third party, that is due to or arising out of your conduct or
connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the rights of another
person or party.
Neither us nor our owners, or partners shall be responsible
for any damage caused to your computer, or for viruses which may affect
your computer as a result of accessing the Site or utilizing any of the
services or features which appear therein.
14. Disclaimer of Warranties
THE INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES PUBLISHED ON THIS
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PAWSHPAWS.COM SHALL NOT BE HELD ACCOUNTABLE FOR SUCH
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION
HEREIN. PAWSHPAWS.COM AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY
TIME. EXCEPT FOR THE LIMITED CONTACT WARRANTY SET FORTH ABOVE
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND.
PAWSHPAWS.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY PAWSHPAWS.COM OR ITS REPRESENTATIVE SHALL CREATE A
WARRANTY AS IT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY.
EXCEPT FOR THE LIMITED CONTACT WARRANTY, YOU
ACCEPT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS
AND/OR SERVICES; SHOULD ANY GOODS
OR SERVICES PROVIDED HEREUNDER PROVE DEFECTIVE FOLLOWING
THEIR PURCHASE, YOU AND NOT PAWSHPAWS.COM ASSUME THE COSTS TO CORRECT SUCH DEFECT.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (a) THE USE OF OR THE INABILITY TO USE THE SERVICE, (b) THE COST
TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (c) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (d) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (e) ANY OTHER MATTER
RELATING TO THE SERVICE.
The foregoing limitations shall apply even if the above stated remedy fails
of its essential purpose. You acknowledge that the limitations of liability in these Terms of Use and
the allocation of risk herein are an essential element of the bargain
between the parties, without which PawshPaws.com would not have
provided Services to the consumer. PawshPaws.com’s pricing reflects this allocation of risk
and the limitation of liability specified herein.
16. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this web
site or our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this
web site is located, without regard to its conflict of law provisions.
By registering or using this web site and service you consent and
submit to the exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this web site is located.
17. General Information
These Terms of Use are governed by the laws of the State of Colorado, USA.
You hereby consent to the exclusive jurisdiction and venue of courts in Denver,
Colorado, USA in all disputes arising out of or relating to the use of this web site.
(a) In the event that this Terms of Use conflicts
with any law under which any provision may be held invalid by a court
with jurisdiction over the parties, such provision will be interpreted
to reflect the original intentions of the parties in accordance with
applicable law, and the remainder of this Terms of Use will remain valid
and intact;
(b) The failure of either party to assert any
right under this Terms of Use shall
not be considered a waiver of any that party's right and that right
will remain in full force and effect;
(c) You agree that without regard to any statue or contrary law that any
claim or cause arising out of this web site or its services must be
filed within one (1) year after such claim or cause arose or the claim
shall be forever barred;
(d) We may assign our rights and obligations under this Terms of Use and
we shall be relieved of any further obligation.
Effective Date: September 5th, 2009
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