TERMS!BRINGYOURPET
TERMS AND CONDITIONS OF USE PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By
using this site, you signify your assent to these Terms and Conditions. If you
do not agree to all of these Terms and Conditions of use, do not use this site!
Eastern Media Network, Inc (providing "!Bring Your Pet") may revise
and update these Terms and Conditions at any time. Your continued usage of the
!Bring Your Pet Web site ("!Bring Your Pet Site," or the "Site,")
will mean you accept those changes. BASIC
DISCLAIMER All information provided within this Web site is in no way intended
to be a substitute for professional medical advice. You should not use this information
to diagnose or treat a health problem or disease without consulting with a qualified
healthcare provider. Consult your healthcare provider with any questions or concerns
you may have regarding your condition. INDEX CHILDREN'S
PRIVACY USE OF CONTENT LIABILITY OF !BRINGYOURPET AND ITS LICENSORS USER
SUBMISSIONS CHAT ROOMS AND BULLETIN BOARDS ADVERTISEMENTS AND LINKS TO OTHER
SITES INDEMNITY GENERAL JURISDICTION COMPLETE AGREEMENT CHILDREN'S
PRIVACY. We are committed to protecting the privacy of children. You should
be aware that this Site is not intended or designed to attract children under
the age of 13. We do not collect personally identifiable information from any
person we actually know is a child under the age of 13. USE
OF CONTENT. !Bring Your Pet authorizes you to view or download a single copy
of the material on the !Bring Your Pet Site solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright 2002-2003,
Eastern Media Network, Inc. All rights reserved" and other copyright and
proprietary rights notices which were contained in the Content. Any special rules
for the use of certain software and other items provided on the !Bring Your Pet
Site may be included elsewhere within the Site and are incorporated into these
Terms and Conditions by reference. The
Content is protected by copyright under both United States and foreign laws. Title
to the Content remains with !Bring Your Pet or its licensors. Any use of the Content
not expressly permitted by these Terms and Conditions is a breach of these Terms
and Conditions and may violate copyright, trademark, and other laws. Content and
features are subject to change or termination without notice in the editorial
discretion of !Bring Your Pet. All rights not expressly granted herein are reserved
to !Bring Your Pet and its licensors. If
you violate any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have
made of any portion of the Content. LIABILITY
OF !Bring Your Pet AND ITS LICENSORS. The use of the !Bring Your Pet Site and
the Content is at your own risk. When using the !Bring Your Pet Site, information
will be transmitted over a medium which is beyond the control and jurisdiction
of !Bring Your Pet and its suppliers. Accordingly, !Bring Your Pet assumes no
liability for or relating to the delay, failure, interruption, or corruption of
any data or other information transmitted in connection with use of the !Bring
Your Pet Site. The
!Bring Your Pet Site and the content are provided on an "as is" basis.
!Bring Your Pet, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, !Bring
Your Pet, its licensors, and its suppliers make no representations or warranties
about the following: The
accuracy, reliability, completeness, currentness, or timeliness of the Content,
software, text, graphics, links, or communications provided on or through the
use of the !Bring Your Pet Site or !Bring Your Pet. The
satisfaction of government regulations requiring disclosure of information on
prescription drug products with regard to the Content contained on the !Bring
Your Pet Site. In
no event shall !Bring Your Pet, its licensors, its suppliers, or any third parties
mentioned on the !Bring Your Pet Site be liable for any damages (including, without
limitation, incidental and consequential damages, personal injury/wrongful death,
lost profits, or damages resulting from lost data or business interruption) resulting
from the use or inability to use the !Bring Your Pet Site or the Content, whether
based on warranty, contract, tort, or any other legal theory, and whether or not
!Bring Your Pet is advised of the possibility of such damages. !Bring Your Pet
shall be liable only to the extent of actual damages incurred by you, not to exceed
U.S.$1000. !Bring Your Pet is not liable for any personal injury, including death,
caused by your use or misuse of the Site, Content, or Public Area (as defined
below). Any claims arising in connection with your use of the Site, any Content,
or the Public Areas must be brought within one (1) year of the date of the event
giving rise to such action occurred. Remedies under these Terms and Conditions
are exclusive and are limited to those expressly provided for in these Terms and
Conditions. USER
SUBMISSIONS. You agree that you will not upload or transmit any communications
or content of any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Site, you agree that such submission
is non-confidential for all purposes. If you make any such submission, you automatically
grant--or warrant that the owner of such content has expressly granted--!Bring
Your Pet a royalty-free, perpetual, irrevocable, world-wide nonexclusive license
to use, reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content in any media or
medium, or any form, format, or forum now known or hereafter developed. !Bring
Your Pet may sublicense its rights through multiple tiers of sublicenses. !Bring
Your Pet Public Areas. If you use a Public Area, you are solely responsible for
your own communications, the consequences of posting those communications, and
your reliance on any communications found in the Public Areas. !Bring Your Pet
is not responsible for the consequences of any communications in the Public Areas.
In cases where you feel threatened or believe someone else is in danger, you should
contact your local law enforcement agency immediately. If you think you may have
a medical emergency, call your doctor or 911 immediately. In
consideration of being allowed to use the Public Areas, you agree that the following
actions shall constitute a material breach of these Terms and Conditions: Using
a Public Area for any purpose in violation of local, state, national, or international
laws; Posting material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others; Posting material
that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous,
hateful, or embarrassing to any other person or entity as determined by !Bring
Your Pet in its sole discretion; Posting advertisements or solicitations of
business; After receiving a warning, continuing to disrupt the normal flow
of dialogue, or posting comments that are not related to the topic being discussed
(unless it is clear the discussion is free-form); Posting chain letters or
pyramid schemes; Impersonating another person; Distributing viruses or
other harmful computer code; Harvesting or otherwise collecting information
about others, including email addresses, without their consent; Allowing any
other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or "spamming"; or Engaging
in any other conduct that restricts or inhibits any other person from using or
enjoying the Public Area or the Site, or which, in the judgment of !Bring Your
Pet, exposes !Bring Your Pet or any of its customers or suppliers to any liability
or detriment of any type. !Bring Your Pet reserves the right (but is not obligated)
to do any or all of the following: Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to remove or request
the removal of the communication(s). Remove communications which are abusive,
illegal, or disruptive, or that otherwise fail to conform with these Terms and
Conditions. Terminate a user's access to any or all Public Areas and/or the
!Bring Your Pet Site upon any breach of these Terms and Conditions. Monitor,
edit, or disclose any communication in the Public Areas. Edit or delete any
communication(s) posted on the !Bring Your Pet Site, regardless of whether such
communication(s) violate these standards. !Bring Your Pet reserves the right
to take any action it deems necessary to protect the personal safety of our guests
or the public. !Bring Your Pet has no liability or responsibility to users of
the !Bring Your Pet Site or any other person or entity for performance or nonperformance
of the aforementioned activities.
ADVERTISEMENTS
AND LINKS TO OTHER SITES. !Bring Your Pet does not endorse the content on any
third-party websites. !Bring Your Pet is not responsible for the content of linked
third-party sites, sites framed within the !Bring Your Pet Site, or third-party
advertisements, and does not make any representations regarding their content
or accuracy. Your use of third-party websites is at your own risk and subject
to the terms and conditions of use for such sites. !Bring Your Pet does not endorse
any product advertised on the !Bring Your Pet Site. INDEMNITY. You
agree to defend, indemnify, and hold !Bring Your Pet, its officers, directors,
employees, agents, licensors, and suppliers, harmless from and against any claims,
actions or demands, liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result from,
your violation of these Terms and Conditions. GENERAL. !Bring
Your Pet is based in Knoxville, Tennessee, in the United States of America. !Bring
Your Pet makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access the !Bring Your Pet Site from outside
the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. The following provisions survive the expiration
or termination of these Terms and Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION. You
expressly agree that exclusive jurisdiction for any dispute with !Bring Your Pet,
or in any way relating to your use of the !Bring Your Pet Site, resides in the
courts of the State of Tennessee and you further agree and expressly consent to
the exercise of personal jurisdiction in the courts of the State of Tennessee
in connection with any such dispute including any claim involving !Bring Your
Pet or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers. These
Terms and Conditions are governed by the internal substantive laws of the State
of Tennessee without respect to its conflict of laws principles. If any provision
of these Terms and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or condition or any other term
or condition. COMPLETE
AGREEMENT. Except as expressly provided in a particular "legal notice"
on the !Bring Your Pet Site, these Terms and Conditions constitute the entire
agreement between you and !Bring Your Pet with respect to the use of the !Bring
Your Pet Site, and Content. Your use of the !Bring Your Pet Site is also subject
to the !Bring Your Pet Privacy Policy. Thank
you for your cooperation. We hope you find the !Bring Your Pet Site helpful and
convenient to use! Questions or comments regarding this website should be directed
by electronic mail to property@bringyourpet.com or via U.S. mail to !Bring Your
Pet at 315 Fruitwood Lane; Knoxville, TN 37922.
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