ALL ABOUT DOGS and CATS Resource Center for Canine & Feline Lovers
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE
This Agreement (the “Agreement”) is made between All About Dogs and Cats (the “Company,” “we” or “us”)
and you. This Agreement sets forth the legal terms and conditions for your use of this web site.
Your use of the All About Dogs and Cats web site, including all web pages (collectively, the “Site”) and all
information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained
therein, or your use or purchase of any other Offerings confirms your acceptance of this Agreement and is subject to your
continued compliance with the terms and conditions of this Agreement.
If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or other Offerings.
We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time
in our sole discretion.
The Site or other Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any
enhancements, additions or modifications to the Site or other Offerings will be subject to this Agreement.
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition,
you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the
purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other)
service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for
scanning your hardware and software for computer viruses and other related problems before you use them. We have no
liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software.
You represent and warrant that you are at least 18 years old.
4. YOUR INFORMATION AND YOUR PRIVACY
If you provide information to the Site, you agree to provide accurate, current and complete information about you where
disclose any information about you that we collect through the Site or otherwise to third parties. For more information,
5. USER CONDUCT
You may not use the Site or other Offerings or any information that you get from the Site or other Offerings to:
Interfere with any other user’s use of the Site or other Offerings;
Conduct any unlawful activity;
Intentionally solicit or harm minors in any way;
Misrepresent your own identity or any affiliation that you may have;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or other
Alter or remove any copyright, trademark or other proprietary rights notices;
6. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE
When using any e-mail address provided to you on or through the Site or other Offerings, you agree not to transmit to any
person or entity:
Any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing,
tortuous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an
agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights;
Any non-public information about any company;
Any trade secret
Any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the
security of or limit the functionality of any device.
Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons,
entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-
mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship
has already been established with the e-mail recipient.
7. OUR PROPRIETARY RIGHTS
The Site and other Offerings and software used with the Site and other Offerings contain information that is protected by
copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively,
“Intellectual Property Laws”). In addition, the Content contained within the Site or other Offerings or in sponsor
advertisements, in information presented to you through the Site or other Offerings or in information presented to you by
advertisers is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Site or other Offerings, in whole or in part, unless authorized by us, in writing, to do so.
8. OWNERSHIP AND RESTRICTIONS ON USE
All About Dogs and Cats owns and operates the Site and provides Offerings in conjunction with others
pursuant to contractual arrangements.
You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or other Offerings in any
way without prior written permission.
You may not modify any materials contained within the Site or other Offerings nor use any materials for any other purpose.
You acknowledge that you do not acquire any ownership rights in any
intellectual property through your use of the Site or other Offerings.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for
the purpose of viewing the Site or other Offerings in the course of using the Internet. Subject to the foregoing license, you
may not make a temporary or permanent copy of the Site or other Offerings or any Content, on any media or for any
We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell,
resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other
Offerings to a human-readable form.
You may not transfer any portion of the Site or other Offerings to any third party.
The people giving product or business opportunity testimonials on our Site or other Offerings reflect the actual experience
of each individual, are anecdotal only, and may be atypical.
NB At All About Dogs and Cats we post articles written by variious authors on many different topics. The information and
opinions expressed in these articles are the sole responsibility of the authors. All About Dogs and Cats is not responsible
for the accuracy of the information or the use that the reader makes of the information provided in these articles.
These articles are provided by All About Dogs and Cats solely as a service to our visitors.
We provide links to third party web sites or resources.
Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we
do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or
for your reliance on any Content, found on such third party web sites or resources.
NB The products featured at All About Dogs and Cats are all offered by third-party websites. Any contract to purchase is solely between the
purchaser and the site offering the product. All About Dogs and Cats.is not responsible for any calims made by the seller or manufacturer of
said products. All About Dogs and Cats makes these sites available to visitors solely as a service.
Although we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or
completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings,
please contact us and include, if possible, a description of the error, its URL location and your contact information. We will
make reasonable efforts to address your concerns.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site or other Offerings, you expressly agree that:
The Site and other Offerings are provided on an “as is” and “as available” basis. We disclaim 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.
We do not make any warranty that
(i) the Site or Offerings will meet your requirements
(ii) the Site or other Offerings will be uninterrupted, timely, secure or error-free
(iii) the results that may be obtained from the use of the Site or other Offerings will be accurate or reliable; or
(iv) any errors in the Site or other Offerings will be corrected.
Your use of the Site or other Offerings is at your sole risk. Advice, statements or opinions should not be relied upon when
making important personal, medical, legal or financial decisions.
You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for
any damage to you or to any third party caused, directly or indirectly, by any material that you download, purchase, or otherwise
obtain through the Site or other Offerings.
We may not be held liable for any damages or harm attributable to viruses or other destructive materials.
We make no representations or warranties regarding independent web sites, including warranties of merchantability or
fitness of purpose. You should not rely on any representations or warranties contained on any independent distributor
You agree not to hold us, our officers, directors, employees, agents, designees, representatives, independent distributors,
or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for
example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may
occur, which result from:
Your inability to access your registration data at any time;
Your use or inability to use the Site or your purchase or use of other Offerings;
Unauthorized access to or alteration of your transmissions or data; or
The acts of any third party related to the Site or other Offerings.
You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have
been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained
in this Section may not apply to you.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, and representatives
harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other
expenses that arise directly or indirectly out of or in any way related to:
Your acts or omissions in connection with the Site or other Offerings;
The acts or omissions of any person in connection with the Site or other Offerings using your account;
your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person
using your account;
Breach of any provision of this Agreement;
Any allegation that any materials submitted to us, transmitted to us or through the Site or other Offerings infringe or
otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
and/or violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of
publicity, trespass, and infringement of intellectual property or other proprietary rights.
If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle
any claim or action.
13. TERMINATION; MODIFICATION
At any time and for any reason, we may terminate y use of and access to the Site or other Offerings. At any time and for
any reason, we may modify or discontinue providing the Site or other Offerings, or any part thereof, with or without notice
to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any
direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the
Site or other Offerings or our termination of your access to the Site or other Offerings.
14. UNITED STATES LAW
If you choose to access the Site or other Offerings from locations outside of the United States, you are responsible for
compliance with local laws if, and to the extent that, such local laws are applicable.
The laws of the State of California apply to this Agreement (without regard to California’s conflict of law principles). Any
dispute between you and us must be brought before state or federal courts located in Los Angeles County, California. If a
court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire
Agreement between you and us relating to the Site or other Offerings and this Agreement replaces all prior written or oral
agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to
anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to
enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but
are not, themselves, enforceable provisions of this Agreement.
16. CALIFORNIA PRIVACY RIGHTS
Beginning January 1, 2005 under California’s "Shine the Light" law, California residents are entitled once a year to request
and obtain certain information regarding Herbalife's disclosure, if any, of personal information (whether collected online or
offline) to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made
in 2005 will receive information about 2004 sharing activities).
Please be aware that not all information sharing is covered by the "Shine the Light" disclosure requirements and only the
required information will be included. Because All About Dogs and Cats does not generally share personal information that
you provide on the Website to any third party for marketing purposes, the Shine the Light law permits
All About Dogs and Cats to respond to disclosure requests by informing you of that practice, and that is what this section
Last Revised on August 31, 2009.