TERMS OF USE
Welcome to the Wag’N Enterprises Web site (the
"Site"). Please read the following terms carefully before using
the Site. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS
("TERMS OF USE") AND TO COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK
LAWS. IF YOU ARE USING THE SITE ON BEHALF OF YOUR EMPLOYER, YOU
REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE
ON YOUR EMPLOYER'S BEHALF. IF YOU DO NOT ACCEPT THE TERMS OF
USE, DO NOT USE THIS SITE.
Areas of this Site may have different terms of use posted. If
there is a conflict between these Terms of Use and any other
terms posted for a specific area of the Site, the latter terms
will take precedence with respect to your use of that area of
the Site.
For purposes of this Site, the terms "Wag’N Enterprises",
“WagN4U.com”,"we," or "us" will refer to Wag’N Enterprises S.P.,
while the terms "you" and "your" will refer to all individuals
and/or entities accessing this Site for any reason.
DISCLAIMER ABOUT SITE USAGE
Every effort is made to keep the web site up and running
smoothly. However, Wag’N Enterprises takes no responsibility
for, and will not be liable for, the web site being temporarily
unavailable due to technical issues beyond our control.
This site is provided by Wag’N Enterprises, S.P. on an "as is"
basis. Wag’N Enterprises, S.P. Wag’N Enterprises, S.P. will not
be liable for any damages of any kind arising from the use of
this site, including but not limited to direct, indirect,
incidental, punitive and consequential damages. Wag’N
Enterprises, S.P. makes no representations or warranties of any
kind, express or implied, as to the operation of the site, the
information, content, or materials included on this site. Wag’N
Enterprises, S.P. will not be liable for any direct,
consequential or incidental damages, whether foreseeable or not,
which may result from the unavailability or malfunction of the
site. 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.
ACCEPTABLE SITE USE
This is an e-commerce shopping site and no other use is
permitted. The site may only be used for lawful purposes. Users
are prohibited from violating or attempting to violate the
security of this site or using it to obtain products not
properly ordered and fully paid for. Users may not send
unsolicited email messages ("spam") to or through the site or
otherwise harass the site owner or other users. We reserve the
right to refuse to deal with any user who violates these rules.
USE OF SOFTWARE AVAILABLE ON THIS SITE
Any software and accompanying documentation that is made
available to download from this Site (collectively, "Software")
is the copyrighted work of Wag’N Enterprises and/or its
suppliers. Use of the Software is governed by the terms of the
end user license agreement that accompanies or is included with
the Software ("License Agreement"). You must read the License
Agreement and indicate your agreement to its terms before
installing or using the Software. Any use, reproduction or
redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result
in severe civil and criminal penalties.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USE OF MATERIALS AVAILABLE ON THIS SITE
Documents
You may download, view, copy and print documents (such as
white papers, press releases, datasheets, and FAQs)
("Documents") from the Site subject to the following (a) the
Documents may be used solely for personal, informational,
non-commercial purposes; and (b) the Documents may not be
modified or altered in any way. Except where your use
constitutes "fair use" under copyright law, you may not use,
download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any Documents
from this Site in whole or in part.
Design/Layout
The design or layout of the Wagn4U.com Site or any other
Wag’N Enterprises owned, operated, licensed or controlled site
is the property of Wag’N Enterprises, S.P. Elements of Wag’N
Enterprises' Web sites are protected by copyright, trade dress
and other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from any Wag’N
Enterprises Web site may be copied or retransmitted unless
expressly permitted by Wag’N Enterprises.
USE OF FORUMS AND PUBLIC COMMUNICATIONS
For purposes of this Site, the term "Forums" means
discussion boards and groups, chat areas, bulletin boards, news
groups, letters or other communications or e-mail functions to
or about Wag’N Enterprises or its products offered as part of
this Site. You are not obligated to register in order to use the
Forums; however, registration and log-in are required in order
to post to the message boards.
The Forums are provided as a free service to Wag’N Enterprises
customers and business partners for sharing technical post-sales
support information concerning Wag’N Enterprises’ products and
services and/or ask questions pertaining to pet emergency
management during and after completion of the Mayday Pet First
Aid Webinars. Although the Forums are moderated by Wag’N
Enterprises employees and advisors (third parties associated
with Wag’N Enterprises) and such employees and advisors may post
questions and respond to posts from time-to-time, the Forums are
intended as a vehicle for customers and business partners to ask
and answer questions and share ideas, and Wag’N Enterprises
disclaims all warranties of any kind with respect to the Forums
and their operation.
Those who use the Forums must agree to use all such Forums for
non-commercial purposes only. You are prohibited from
distributing or otherwise publishing any content containing a
solicitation of funds, promotion, advertising, solicitation for
goods or services, or other commercial matter. You agree not to
solicit other users of a Forum or this Site to use or join or
become members of any commercial online or offline service or
other organization. Except where expressly authorized by Wag’N
Enterprises, you agree not to collect or store personal data
about other users. You shall not upload, email, post, publish or
otherwise transmit through a Forum or this Site any content that
(a) is false or misleading; (b) is defamatory; (c) is harassing
or invades another's privacy, or promotes bigotry, racism,
hatred or harm against any group or individual; (d) is obscene;
(e) infringes another's rights, including but not limited to
intellectual property rights; (f) constitutes unsolicited bulk
e-mail, "junk mail," "spam" or chain letters; or (g) violates
any applicable laws or regulations.
Any material, information or other communication you transmit or
post to, from or through this Site will be considered
non-confidential and non-proprietary, and Wag’N Enterprises will
have no obligations with respect to any such material,
information or communications. By uploading, emailing, posting,
publishing or otherwise transmitting content to this Site or any
Forum, or by submitting any content to Wag’N Enterprises, you
automatically grant (or warrant that the owner of such rights
has expressly granted) to Wag’N Enterprises a perpetual,
royalty-free, irrevocable, nonexclusive right and license to
use, reproduce, modify, adapt, publish, transmit and distribute
such content Wag’N Enterprises, LLC. on or in any form, medium,
or technology now known or later developed. In addition, you
warrant that all so-called moral rights in the content have been
waived.
AGE RESTRICTIONS
Wag’N customers need to be 18 years old at the time of
purchase. Should the purchaser make false claims during the
purchase process, Wag’N Enterprises reserves the right to charge
a penalty fee not to exceed $1000, take legal measures and
automatically void all warranty, return & exchange privileges.
POLICY CHANGES
From time to time, we may use customer information for
unanticipated uses not previously disclosed in our privacy
notice. If our information practices change, we will post these
changes on our web site. We encourage you to review our privacy
policy periodically. This policy was last updated on July 31,
2007.
THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site may provide links to Web sites and access to
content, products and services from third parties, including
users, advertisers, affiliates and sponsors of the Site. The
provision of such links is not an endorsement of any
information, product or service reached through such link. Wag’N
Enterprises is not responsible for the availability of, or
content provided on, third party Web sites. You should refer to
the policies posted by other Web sites regarding privacy and
other topics before you use them. You agree that Wag’N
Enterprises is not responsible for third party content
accessible through the Site, including opinions, advice,
statements and advertisements, and understand that you bear all
risks associated with the use of such content. If you choose to
purchase any products or services from a third party, your
relationship is directly with the third party. You agree that
Wag’N Enterprises is not responsible for (a) the quality of
third party products or services, and (b) fulfilling any of the
terms of your agreement with the seller, including delivery of
products or services and warranty obligations related to
purchased products or services. You agree that Wag’N Enterprises
is not responsible for any loss or damage of any sort you may
incur from dealing with any third party. Third-party brands and
names are the property of their respective owners. We strongly
recommend that you check and read their terms and use caution
while browsing on the internet.
LEGAL DISCLAIMERS
THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WAG’N ENTERPRISES 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. WAG’N ENTERPRISES MAKES NO WARRANTY THAT (A)
THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL
BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK. WAG’N ENTERPRISES AND ITS SUPPLIERS
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
WAG’N ENTERPRISES AND ITS SUPPLIERS RESERVES THE RIGHT TO MAKE
CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WAG’N ENTEPRISES OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU OR ANY
THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO
USE, OR THE TERMINATION OF THE USE OF THE SITE, REGARDLESS OF
THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE) AND EVEN IF WAG’N ENTERPRISES HAS BEEN
INFORMED OF THE POSSIBILITY THEREOF. Some jurisdictions do not
allow the limitation or exclusion of liability so some of the
above limitations may not apply to you.
LIMITED LICENSE
This Site is provided by Wag’N Enterprises, S.P. and may be
used for its stated purposes only. By using this Site or
downloading materials from this Site, you agree to abide by the
terms and conditions set forth in this Agreement. If you do not
agree to abide by these terms and conditions, do not use this
Site or download materials from this Site. Subject to your
continued compliance with the terms and conditions set forth in
this Agreement, Wag’N Enterprises, S.P. grants you, a
non-exclusive, non-transferable, limited right to access, use,
display and listen to this Site and the information, images,
sounds and text ("Materials") thereon. You agree not to
interrupt or attempt to interrupt the operation of the Site in
any way. Wag’N Enterprises, S.P. authorizes you to view and
download the Materials at this Site only for your personal,
non-commercial use. This authorization is not a transfer of
title in the Materials and copies of the Materials and is
subject to the following restrictions: 1) you must retain, on
all copies of the Materials downloaded, all copyright and other
proprietary notices contained in the Materials; 2) you may not
modify the Materials in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any
public or commercial purpose; and 3) you must not transfer the
Materials to any other person unless you give them notice of,
and they agree to accept, the obligations arising under these
terms and conditions of use. Worldwide copyright laws and treaty
provisions protect this Site, including all Materials, whether
or not a copyright notice is present on the Materials. You agree
to comply with all copyright laws worldwide in your use of this
Site and to prevent any unauthorized copying of the Materials.
Except as expressly provided herein, Wag’N Enterprises, S.P.
does not grant any express or implied right to you under any
patents, trademarks, copyrights.
INDEMNITY
You agree to defend, indemnify and hold harmless Wag’N
Enterprises, its officers, directors, employees and agents from
and against any and all claims, liabilities, damages, losses or
expenses, including settlement amounts and reasonable attorneys'
fees and costs, arising out of or in any way connected with your
access to or use of the Site. You agree to seek and obtain
written permission from Wag’N Enterprises before agreeing to
settle any claim.
DELETE OR REMOVE CONTENT/TERMINATION OF USE
You agree that Wag’N Enterprises may at any time, in its sole
discretion, delete or remove any content on the Site that it
deems to be inappropriate. Further, Wag’N Enterprises may at any
time, in its sole discretion, terminate your right to access or
use the Site and any account(s) you may have in connection with
the Site, with or without notice to you. Wag’N Enterprises also
reserves the right, in its sole discretion, to restrict or
terminate the availability of the Site to any other person,
geographic area or jurisdiction at any time. No notice is
required to effect any such restriction or termination.
INTELLECTUAL PROPERTY POLICY
Wag’N Enterprises respects the intellectual property of
others and expects you to do the same. At Wag’N Enterprises’
discretion and in appropriate circumstances (and without
limiting the generality of the foregoing "Termination of Use"
provision), Wag’N Enterprises may terminate your account(s)
and/or prevent access to the Site by users who infringe upon the
intellectual property rights of others. Pursuant to 17 United
States Code §512(c)(2) (the Digital Millennium Copyright Act of
1998, as amended), our designated agent for notice of alleged
copyright infringement appearing on our site is: Wag’N
Enterprises, Attn: Legal Department, 483B Carlisle Dr, Herndon,
VA 20170
APPLICABLE LAWS
All matters relating to your access to, and use of, the Site
shall be governed by U.S. federal law or the laws of the
Commonwealth of Virginia (without regard to conflict of law
principles). Any legal action or proceeding relating to your
access to, or use of, the Site shall be instituted in a state or
federal court in Herndon, Virginia. You and Wag’N Enterprises
agree to submit to the jurisdiction of, and agree that venue is
proper in, these courts in any such legal action or proceeding.
COPYRIGHT NOTICE
Copyright © 2007, Wag’N Enterprises, S.P. All rights
reserved. All text, images, graphics, animation, videos, music,
sounds and other materials on this Web site ("Site") are subject
to the copyrights and other intellectual property rights of
Wag’N Enterprises, S.P., its affiliated companies and its
licensors. Wag’N Enterprises, S.P. owns the copyrights in the
selection, coordination and arrangement of the materials on this
Site. These materials may not be copied for commercial use or
distribution, nor may these materials be modified or reposted to
other sites.
TRADEMARK NOTICE
All trademarks displayed on this site are subject to the
U.S. trademark rights of Wag’N Enterprises, S.P. The Wag'N
Enterprises name and logo and all related product and service
names, design marks and slogans are trademarks, service marks or
registered trademarks of Wag 'N Enterprises, S.P. and may not be
used in any manner without the prior written consent of Wag 'N
Enterprises, S.P. All other product and service marks are
trademarks of their respective owners. The unauthorized use of
any trademark displayed on this site is strictly prohibited. In
the event that any person has a dispute with any of the content
on our site, notice of such dispute shall be provided promptly
to us at: Wag’N Enterprises, Attn: Legal Department, 483B
Carlisle Dr, Herndon, VA 20170