User Agreement At Pet Video Verify

  Welcome to this Pet Video Verify, Inc. ("Pet Video Verify") web site ("Site"). This User Agreement ("Agreement") sets forth the terms under which you may use this Site. The terms "you" and "your," as used in this Agreement, refer to all individuals and entities accessing this Site for any reason. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, AGREE TO BE BOUND BY AND UNDERSTAND THIS AGREEMENT, AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. Any questions with regard to your obligations under this Agreement should be directed to 1. License; Limitations of Use. Pet Video Verify grants you a limited license to use the Site for its intended purposes and for no other purpose. Further, subject to the terms of Section 4 below, you may have access to applications, documents, disclosures, reports, data, information, content, or other materials generated by or obtained from this Site (collectively, "Materials"). Your use of this Site and the Materials is conditioned upon your acceptance of all the Limitations of Use, Prohibited Activities, and all other provisions set forth below in this Agreement. Subject to the terms of this Agreement, Pet Video Verify grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site that you are authorized to access for your personal, informational, and noncommercial use. If you are authorized to access certain Materials, then those Materials may be used for commercial purposes, subject in all events to the terms of this Agreement. This Site and the Materials may only be used for lawful purposes. If Pet Video Verify determines that the manner in which you are using this Site or the Materials is unlawful, prohibited or unauthorized, you will be notified of such conduct and your license to use this Site and the Materials will be terminated. 2. Prohibited Activities. Except as otherwise stated in this Agreement, the following are prohibited uses that violate the terms of this Agreement: You may not modify, copy, distribute, transmit, post, display, perform, reproduce, reuse, publish, broadcast, license, create derivative works from, transfer, sell, rent, lease or exploit any Materials for any unauthorized purposes (including commercial, non-commercial or personal, whether public or non-public) without the express written consent of Pet Video Verify. Nothing in this entire Site will be construed to grant or convey, whether by estoppel, by implication or otherwise, any license or right to the intellectual property contained herein. You may not use any automated or semi-automated means to access the Site or Materials, or collect any information from the Site, including without limitation the use of any robots, spiders, deep-links, Internet agents, crawls, indexes, click-spams, macro programs, scripts for screen or database scraping, or any other automated program, device, algorithm, process, or methodology that results in the collection of information through repeated automated access to the Site (collectively, "Methods"). These Methods may not be used in any capacity, including but not limited to acquiring or gathering information, generating impressions, hits or clicks, inputting or storing information, searching, generating searches, or monitoring any portion of the Site. You may not alter the appearance of the Site by causing to appear any expanding buttons, advertisements, banners, pop-up, pop-under, or exit windows on top of or under the Sites pages, or otherwise minimize, cover, obstruct or inhibit the display of the Sites pages. You may not frame, mirror, truncate, remove, delete, inject, filter, re-render, change or alter in any way the order, appearance and layout of any content contained in this Site. You may not engage in any conduct that could damage, disable, overburden, impede, prevent, or interfere with the normal operation of (i) this Site, including but not limited to transferring or loading any Site web page or (ii) any systems, networks, servers, accounts related to this Site, or any Site infrastructural resources. Furthermore, you may not upload or transmit to the Site any software, device, program or file that may damage or diminish to any degree the proper operation of the site, including without limitation any viruses, Trojans, spy ware, or any other type of files that are corrupt or malicious. You may not probe, scan, test, edit, decompile, or reverse engineer the vulnerability of the Site or any Materials, services, systems, networks, servers, security systems or accounts related to this Site or attempt, by these methods, to gain unauthorized access to Materials, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, systems, networks, servers, or accounts related to this Site. If Site content or Pet Video Verify company information is used for authorized purposes, you must include all proprietary notices and marks without altering, concealing or deleting them. You may not circumvent any measures implemented by Pet Video Verify to ensure full compliance with the terms of this Agreement. Further, you may not engage in any conduct that is either a direct violation of this Agreement or one that Pet Video Verify reasonably deems to be a violation of this Agreement. 3. Confidentiality and Intellectual Property. You acknowledge and agree that the information contained on, and made available through this Site (including, but not limited to, the Materials) is subject to your confidentiality agreement with Pet Video Verify, and that you will protect and maintain the confidentiality of this information according to your agreement with Pet Video Verify. Additionally, you relinquish all ownership rights in any ideas or suggestions that you submit to Pet Video Verify through this Site. You acknowledge that Pet Video Verify has full rights to use and implement any such ideas and suggestions. All Materials on this Site, whether separate or compiled, including but not limited to text, graphics, logos, buttons, images, downloads, files, and code, as well as all copyright, patent, trademark, trade dress, and other right s therein, are owned or licensed by Pet Video Verify, and are protected by United States and international intellectual property laws, including but not limited to laws with respect to copyrights and trademarks. PET VIDEO VERIFY MAY SEEK INJUNCTIVE RELIEF IN ADDITION TO ANY OTHER LEGAL OR EQUITABLE REMEDIES FOR ANY UNAUTHORIZED USE OF PET VIDEO VERIFY MATERIALS. 4. Protected Areas; Passwords. Certain non-public areas of this Site ("Protected Areas") are restricted by password or other security measures (collectively, "Login Information"), and you agree to not attempt to circumvent these measures to gain access to those Protected Areas. If Pet Video Verify has provided you with Login Information or you are otherwise authorized by Pet Video Verify to enter a Protected Area, you must not share your Login Information, or otherwise permit any third party to use your Login Information to enter a Protected Area. If a third party enters a Protected Area using your Login Information, the third party will be liable for unauthorized access to Pet Video Verify’s systems and you may be liable for assisting with such unauthorized access. You agree to keep your Login Information confidential and immediately notify Pet Video Verify if you become aware of any unauthorized access or changes to your account. You are responsible for all activity occurring in your account, whether or not you performed the activity. Pet Video Verify has the right to treat all usage of your account as though you performed it. IF YOU HAVE NOT RECEIVED YOUR OWN LOGIN INFORMATION FROM PET VIDEO VERIFY THEN YOU ARE NOT AUTHORIZED TO ACCESS THE PROTECTED AREAS OF THIS SITE, AND YOU ACKNOWLEDGE THAT ANY SUCH ACCESS BY YOU CONSTITUTES UNAUTHORIZED ACCESS AND TRESPASS UNDER APPLICABLE STATE AND FEDERAL LAWS. Pet Video Verify may monitor IP addresses and login attempts, and may provide such information to legal authorities or use it for any other purpose. 5. Indemnity. You agree to indemnify and hold Pet Video Verify, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or Materials, your connection to the Site, your violation of this Agreement, or your violation of any rights of another. 6. Termination. Upon any breach by you of this Agreement, Pet Video Verify may pursue, in its sole discretion, all of its legal remedies, including but not limited to termination of your registration and your ability to access this Site and the Materials. Pet Video Verify may also in its sole discretion and at any time discontinue providing the Site and Materials, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Materials may be effected without prior notice, and you acknowledge and agree that Pet Video Verify may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Site. Further, you agree that Pet Video Verify is not liable to you or any third-party for any termination of your access to the Site or Materials. 7. Links. Pet Video Verify may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond Pet Video Verify's control. Pet Video Verify makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Pet Video Verify, with respect to such sites. PET VIDEO VERIFY IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. If you decide to access linked third party Web sites, you do so at your own risk. 8. No Warranty. This Site does not provide advice with respect to financial or lending matters. The contents of this Site are provided for informational purposes only, and should not be used as a substitute for advice you have obtained or need to obtain from a licensed legal or financial professional. Pet Video Verify does not take any responsibility for the information you enter through the Site or the results you will obtain from using the Site or Materials. Pet Video Verify does not warrant, promise or guarantee that any Materials, including but not limited to documents and applications, that you create through the Site will be accepted by a lender (including Pet Video Verify), will be approved by any underwriter or financial institution, or will otherwise achieve a particular result. PET VIDEO VERIFY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, THE MATERIALS OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE SITE AND THE INFORMATION AND MATERIAL HEREIN ARE PROVIDED "AS IS," AND PET VIDEO VERIFY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Pet Video Verify does not promise or warrant to you that any aspect of the Site or Materials will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state. 9. Limit on Liability. IN NO EVENT SHALL PET VIDEO VERIFY BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL PET VIDEO VERIFY BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. 10. Governing Law and Arbitration. This Agreement is governed in all respects by the laws of the State of North Carolina. Any controversy or claim arising out of or relating to this Agreement, the Site or the Materials will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review, except as permitted by North Carolina law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in the State of North Carolina as necessary to protect the party's rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in North Carolina. 11. Entire Agreement. This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to your use of this Site. 12. Modifications to Terms of Agreement. Pet Video Verify reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion. Please check these terms periodically for changes. Notice of any revision, amendment or modification of the terms will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AS PERIODICALLY MODIFIED, PLEASE DO NOT ACCESS OR USE THE SITE. 13. Electronic Signatures In order to conduct certain transactions with Pet Video Verify through electronic means, you or your authorized representative may be required to use an electronic signature when such signature is necessary. Pet Video Verify will determine how the electronic signature will be provided, but will give notice that taking a particular action constitutes an electronic signature. Please be aware that under United States law, an electronic signature is as legally binding as a handwritten signature for many type of transactions. You acknowledge and agree that unless otherwise restricted by law, Pet Video Verify may rely on any electronic signature submitted through your account and may treat that electronic signature as if it were your manual signature. At Pet Video Verify's option, Pet Video Verify may require you to sign an Electronic Signature Agreement to use electronic signatures on the Site. 14. General. You shall comply with all laws and regulations applicable to your access and use of the Site and Materials. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. Pet Video Verify's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Pet Video Verify shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. Pet Video Verify may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you. This Agreement is not intended to replace any written agreement in effect between you and Pet Video Verify. If you have entered into a written agreement with Pet Video Verify that has terms in conflict with a provision of this Agreement, then the terms of the written agreement will control with respect to the conflicting provision. However, by using the Site or Materials you consent to all provisions of this Agreement that are not in conflict with your written agreement. 15. Guarantees Pet Video Verify can not guarantee that our service will enable you or anyone to find your pet. Pet Video Verify is only a medium through which helps you try to find your pet. Pet Video Verify can not guarantee there will be no issues when selling your pet items on our site. The pet item selling is only a medium that buyer and sellers come together. All deals are between the buyer and seller. 16. Rewards Pet Video Verify is in no way held liable for any issues arising from rewards. Reward terms are between the owner of the lost pet and the person(s) who found the lost pet.