Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE "SIGN UP" BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY AXOLINE SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN.
The Web pages available at wheresmypet.com and all linked pages ("Site"), are owned and operated by Axoline Corporation. ("Axoline"), and are accessed by you ("User") under the following terms and conditions.
Axoline reserves the right, at its discretion, to modify the Agreement or Services (as defined below) or Content (as defined below) at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
PLEASE BE AWARE THAT BY INCLUDING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, PHYSICAL ADDRESS OR ANY OTHER INFORMATION IN A POST YOUR INFORMATION IS AVAILABLE TO THE GENERAL PUBLIC. ALL POST AND USER INFORMATION (EXCEPT EMAIL ADRESS AND PASSWORD USED WHEN REGISTERING TO THE SITE) IS VIEWABLE BY THE PUBLIC.
ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Axoline may offer to provide certain services and content, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"). Services shall include, but not be limited to, any services Axoline performs for User, as well as the offering of any materials displayed or performed on the Site (including, but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. Axoline may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. Axoline may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to Axoline that if User is an individual (i.e., not a corporation or institution) User is of legal age to form a binding contract. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. Without limiting the foregoing, if User is under the age of 13, User is not allowed to use the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
SITE CONTENT.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Axoline does not claim ownership rights in any Content that User chooses to post to the Site or send using the Services. After posting Content to the Site or sending Content using the Services, User continues to retain all ownership or license rights in such Content.
USER WARRANTY.
As a condition of use, User promises not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Axoline.
By way of example, and not as a limitation, User agrees not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Axoline users;
- to contribute or send any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If User is an international user, User agrees to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Axoline user;
- to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
- to create or submit unwanted email ("Spam") to any other Axoline users or any URL;
- to violate any laws in User's jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes;
- User will not use any robot, spider, scraper or other automated means to access the Site for any purpose without Axoline's express written permission. Additionally, User agrees that it will not: (i) take any action that imposes, or may impose in Axoline's sole discretion an unreasonable or disproportionately large load on Axoline's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures Axoline may use to prevent or restrict access to the Site.
Axoline may remove any Content and terminate User's account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: . User, not Axoline, remains solely responsible for all Content that User uploads, posts, e-mails, transmits, or otherwise disseminates using, or in connection with, the Services. User acknowledges that all Content that User accesses using the Services is at User's own risk and User will be solely responsible for any damage to any party resulting therefrom.
RESTRICTIONS.
User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Axoline user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while User is not logged in to the Site and/or Service.
FEES/PAYMENT.
At this time no Services on the Site require any payment of fees. However, this can change at any time with the addition and/or changes to the site.
WARRANTY DISCLAIMER.
User acknowledges that Axoline has no control over, and no duty to take any action regarding: which users gains access to the Site or use the Services; what Content User accesses via the Site or Services; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Axoline from all liability for User having acquired or not acquired Content through the Site or Services. The Site or Services may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Axoline makes no representations concerning any content contained in or accessed through the Site or Services, and Axoline will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
PRIVACY POLICY.
See the privacy policy, which also governs your use of this Site.
OTHER POLICIES.
For information regarding Axoline's treatment of personally identifiable information, please review Axoline's current privacy policy (above). If User believes that material or content residing on or accessible through the Site or Services infringes a copyright, please review Axoline's Copyright Dispute Policy (below).
REGISTRATION AND SECURITY.
As a condition to using the Services, User may be required to register with the Site and enter an email address and password ("Site User ID"). User shall provide Axoline with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Axoline reserves the right to refuse registration of, or cancel a Site User ID/User account in its discretion. User shall be responsible for maintaining the confidentiality of User's Site password.
INDEMNITY.
User will indemnify and hold Axoline, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using User's account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL AXOLINE BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
TERMINATION.
Either party may terminate the Services at any time by notifying the other party by any means. Axoline may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of User's account, User's right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Axoline shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Axoline's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Axoline's prior written consent. Axoline may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Axoline in any respect whatsoever.
EFFECTIVE DATE OF THESE TERMS OF SERVICE
These Terms of Service are effective as of March 9, 2008.