Terms Of Use

AGREEMENT BETWEEN USER AND PET ALLIANCE, INC.

The Pet Alliance Web Site ("the Web Site") is comprised of various web pages operated by Pet Alliance, Inc ("Pet Alliance").

The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.

The products and services offered on the Web Site in no way claim to guarantee success or protect users in any way.

When you register for the Web Site, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to enter an email address, password and have the opportunity to provide additional private information about yourself. You will be responsible for all activities occurring under your email address and for keeping your password secure.

To comply with the Children's Online Privacy Protection Act, the Web Site is only available to users who are at least 18 years old. If you are under 18, you may not register to use the Web Site.

MODIFICATION OF THESE TERMS OF USE

Pet Alliance reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated with the use of the Web Site.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Pet Alliance and Pet Alliance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pet Alliance is not responsible for web casting or any other form of transmission received from any Linked Site. Pet Alliance is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Pet Alliance of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Site, you warrant to Pet Alliance that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

USE OF MATERIALS

The content within the Web Site is protected by copyright and other laws in both the United States and elsewhere. The Web Site includes both content owned or controlled by Pet Alliance as well as content owned or controlled by third parties and licensed to Pet Alliance (collectively, the "Materials").

Pet Alliance authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Pet Alliance. Special rules may apply to the use of certain software and other items provided via the Web Site, and are noted where appropriate.

If you would like information about obtaining Pet Alliance's permission to use any of the Materials on your web site, please send an e-mail to the Service Contact listed below.

USE OF COMMUNICATION SERVICES

The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services unless specifically permitted in a communication service created for such purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines requested by an Administrator or Moderator of a Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Communication Service or collect information about users for any unauthorized purpose.
Submit content that falsely expresses or implies that such content is sponsored or endorsed by Pet Alliance.
Create user accounts by automated means or under false or fraudulent pretenses.
Promote or provide instructional information about illegal activities or promote physical harm or injury against any individual.
Use the Communication Service solely for the purpose of storing and archiving files.
Re-post or re-transmit content that belongs to another user without that user's permission.
Argue the decision of a Communication Service Administrator or Moderator publicly.
Post the same message, or an unsolicited commercial message, to one or many topics or boards is considered spam and will not be tolerated.

While Pet Alliance prohibits such conduct or content in connection with a Communication Service, you understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use the Communication Service at your own risk.

Pet Alliance has no obligation to monitor the Communication Services. However, Pet Alliance reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pet Alliance reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Pet Alliance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pet Alliance's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pet Alliance does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pet Alliance specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, administrators, moderators and hosts are not authorized Pet Alliance spokespersons, and their views do not necessarily reflect those of Pet Alliance.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Pet Alliance does not claim ownership of the materials you provide to Pet Alliance (including feedback and suggestions) or post, upload, input or submit to any Pet Alliance Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pet Alliance, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name and image in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pet Alliance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pet Alliance's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You understand that all Submissions are the sole responsibility of the person from which such Submission originated. This means that you, and not Pet Alliance, are entirely responsible for all Submissions that you publish, post, upload, distribute, disseminate or otherwise transmit via a Communication Service. Under no circumstances will Pet Alliance be liable in any way for any Submission, including, but not limited to, for any errors or omissions in any Submission, or for any loss or damage of any kind incurred as a result of the use of any Submission posted via a Communication Service. You agree that you must evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission. You understand that the technical processing and transmission of the Communication Service, including Submissions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PET ALLIANCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PET ALLIANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PET ALLIANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PET ALLIANCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PET ALLIANCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

SERVICE CONTACT: website@MicroChipUSA.org

TERMINATION/ACCESS RESTRICTION

Pet Alliance reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Clermont County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pet Alliance as a result of this agreement or use of the Web Site. Pet Alliance's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pet Alliance's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Pet Alliance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pet Alliance with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pet Alliance with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.