Terms & Conditions
As a condition precedent to your being able to use any of the tools and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of the Cheap Pet Store.com web site, or use any tool or service that this Cheap Pet Store.com offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.
INTELLECTUAL PROPERTY PROVISION
All content provided within or via Cheap Pet Store.com are protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via Cheap Pet Store.com may be copied, published, or broadcast in any way without the written permission of the content owner. The contents of this web site may not be "framed" or "mirrored." All trademarks presented on or via this Site are owned by its respective owner and may not be used by you in any way.
All content, tools, and services provided via Cheap Pet Store.com are provided on an "as is" basis, and Cheap Pet Store.com disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title, non-infringement. Products may be services by manufacturer warranties, as provided by such manufacturer. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein by Cheap Pet Store.com are made and the operators of Cheap Pet Store.com have not independently verified the validity of any of the content presented via Cheap Pet Store.com. If is your duty to independently engage in due diligence to verify any and all claims presented by Cheap Pet Store.com or any affiliates of Cheap Pet Store.com.
TERMINATION OF SERVICE
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account or Cheap Pet Store.com membership. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
PROHIBITED CONTENT AND CONDUCT
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful or offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
You may not:
- Engage in any conduct that is harmful to this Site.
- Violate the civil rights of any third party or entity.
- Violate any law of any nature.
- Publish via this Site any content that is hateful, illegal, harmful, indecent, obscene, misleading, threatening or is, in our sole determination, objectionable in nature. You may not transmit viruses, trojans, worms or other harmful scripts or programs.
- "Cyber-stalk" or harass any third party or entity. You may not defame any third person or entity.
- Issue "Spam," that is, bulk unsolicited email or violate any laws regarding email. Issue "Spam" via our messaging system.
- Impersonate any person or entity.
- Transmit, post, or upload any content that is harmful.
- Forge headers or otherwise manipulate identifying data, including IP addresses.
- Violate any intellectual property rights, rights of privacy or rights of publicity.
- Publish any "chain letters," "junk mail," or schemes of any nature that are not expressly allowed by this Site.
- Promote or encourage illegal activities.
AUTOMATIC VIEWING OR USAGE OF THIS SITE
You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
LINKS TO THIRD PARTY SITES
All submissions become the property of this Site. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the contents of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
This Agreement will be governed by and construed in accordance with the internal laws of the State of South Dakota, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Pierre, SD, or the nearest office of J.A.M.S, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
This Agreement serves as the final and only Agreement between you and this Site.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tool or service that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.