1. THIS IS AN AGREEMENT BETWEEN YOU AND Forever Pet Care This is an agreement ("Agreement") between you and Forever Pet Care (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Forever Pet Care (each, an "Forever Pet Care Web Site," and collectively, the "Forever Pet Care Web site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. Forever Pet Care OFFERS Forever Pet Care WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF Forever Pet Care WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW Forever Pet Care MAY MODIFY THIS AGREEMENT Forever Pet Care reserves the right to change the terms, conditions, and notices under which it offers Forever Pet Care Web Site, including any charges associated with the use of Forever Pet Care Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Forever Pet Care Web Site. Your continued use of Forever Pet Care Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS Forever Pet Care Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Forever Pet Care Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within an Forever Pet Care Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF Forever Pet Care WEB SITE Forever Pet Care Web site are only for your personal and commercial advertisement use. You will not use Forever Pet Care Web site in any way that is unlawful, or harms Forever Pet Care, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Forever Pet Care Party" and collectively, the "Forever Pet Care Parties") or any customer of an Forever Pet Care Party, as determined in Forever Pet Care's sole discretion. Forever Pet Care may tell you about certain specific harmful uses in a code of conduct or other notices available through an Forever Pet Care Web Site, but has no obligation to do so. You may not use Forever Pet Care Web Sites in any way that breaches any code of conduct, policy or other notice applicable to Forever Pet Care Web Site. Without limiting the generality of this section, you may not use Forever Pet Care Web Site in any manner that could damage, disable, overburden, or impair any Forever Pet Care Web Site (or the network(s) connected to any Forever Pet Care Web Site) or interfere with any other party's use and enjoyment of Forever Pet Care Web site.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY Without limiting the generality of Section 4, you will not use Forever Pet Care Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Forever Pet Care may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of Forever Pet Care Web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through Forever Pet Care Web Site.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING For materials you post or otherwise provide to Forever Pet Care related to Forever Pet Care Web Site (an "advertisement submission"), you grant Forever Pet Care permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with Forever Pet Care Web site, and (2) sub-license these rights, to the maximum extent permitted by applicable law. Forever Pet Care will not pay you for your Submission. Forever Pet Care may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Forever Pet Care may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Forever Pet Care Parties or any customer of a Forever Pet Care Party.
7. INFORMATION AVAILABLE FROM Forever Pet Care WEB SITE Forever Pet Care and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from Forever Pet Care Web Site. Forever Pet Care and its suppliers do not authorize the use of information available from Forever Pet Care Web Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
8. Forever Pet Care MAKES NO WARRANTY Forever Pet Care PROVIDES Forever Pet Care WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Forever Pet Care PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Forever Pet Care PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF Forever Pet Care WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY Forever Pet Care PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF Forever Pet Care WEB SITE, EVEN IF SUCH Forever Pet Care PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH Forever Pet Care WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Forever Pet Care PARTY WITH RESPECT TO THIS AGREEMENT OR Forever Pet Care WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Forever Pet Care WEB SITE.
10. CHANGES TO Forever Pet Care WEB SITE; ADDITIONAL LIABILITY LIMITATION Forever Pet Care PARTIES MAY CHANGE Forever Pet Care WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Forever Pet Care Web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Forever Pet Care and persons other than Forever Pet Care (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT Forever Pet Care PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Forever Pet Care IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF Forever Pet Care WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN Forever Pet Care WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH Forever Pet Care WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON Forever Pet Care WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION Forever Pet Care may terminate this Agreement, or terminate or suspend your access to Forever Pet Care Web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Forever Pet Care Web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON Forever Pet Care WEB SITE MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES If this Agreement is with Forever Pet Care Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Ontario, without reference to conflict of laws principles. If this Agreement is with an Forever Pet Care affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Forever Pet Care affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your Province or State of residence in Canada, or, if you reside outside the Canada, under the laws of the country to which the subject Forever Pet Care Web site are directed. If this Agreement is with Forever Pet Care, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Ontario, Canada in all disputes arising out of or relating to the use of Forever Pet Care Web site. If this Agreement is with a Forever Pet Care affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Forever Pet Care affiliate in all disputes arising out of or relating to the use of Forever Pet Care Web site.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. Forever Pet Care may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sub-license your rights, if any, in Forever Pet Care Web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Forever Pet Care with respect to Forever Pet Care Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Forever Pet Care with respect to Forever Pet Care Web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND Forever Pet Care AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Forever Pet Care WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS All contents of Forever Pet Care Web site are Copyright © 2013 Forever Pet Care and/or its suppliers,
Caledon, Ontario, L7K 1Z6
All rights reserved. Forever Pet Care, Forever Pet Care logo, and/or other Forever Pet Care products and services referenced herein may also be either trademarks or registered trademarks of Forever Pet Care in Canada and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
16. OTHER NOTICES Third Party Account Information By using the Forever Pet Care service through Forever Pet Care Web site, you authorize Forever Pet Care and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Forever Pet Care and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Forever Pet Care and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.