This document explains our position and specific conditions regarding your use of our Internet Site (the “Site”). By using this Site, you agree to be bound by our Terms & Conditions in addition to other terms and conditions or policies that may appear throughout the Site.
References to “Company,” “we” or “us” in this document mean Bobiliah LLC d/b/a Leash Yourself and its affiliates, subsidiaries, and divisions.
If you are unwilling to accept these Terms & Conditions, we ask that you do not use the Site. When you use the Site, you agree to be bound by the then current Terms & Conditions. If you do not agree to be bound by the Terms & Conditions, your sole remedy is not to use this Site. Each time you use this Site, you should visit and review the Terms & Conditions. We reserve the right to occasionally update the Terms & Conditions. At such time, we will also revise the “last updated” date at the end of the Terms & Conditions. For material changes to this Terms & Conditions, we will notify you by placing a prominent notice on the Site.
1. INTRODUCTION TO THE SITE
This Site connects people to pets and pet organizations. The Site provides search engine functionality allowing users to search for their perfect pet companions simply by inputting natural language queries or using preset filtering mechanisms. For example, a user’s search on the Site for “black Labrador retriever” might return a results list of the stores or shelters nearest to the user purporting to have that particular breed available.
We at Leash Yourself are animal lovers like you. A portion of our proceeds received from operating and advertising on the Site are donated to animal shelters and rescue organizations to help care for homeless, lost and abandoned animals. The choice of which organizations to donate to is entirely at our discretion, but if you have a suggestion or recommendation, we’d be glad to hear it at firstname.lastname@example.org.
2. OTHER TERMS
Some areas of this Site may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.
3. USE YOUR OWN BEST JUDGEMENT ABOUT PETS
We post Software, information and material on the Site for your personal use. But none of the information or material on the Site is intended, nor should it be construed as, professional advice of any form. For advice relating to nutrition, medical and health and fitness conditions of pets and their treatment, you should always consult your own veterinarian and/or veterinary advisors.
When you are researching and selecting a pet, this is a very personal decision that you must make on your own. Notwithstanding anything posted on this Site, we cannot assess or advise you about the suitability of any particular pet for your environment or whether the pet is safe for you or others. The Company and its content providers are not responsible for the behavior or health of any pet or any damages or injuries that may result from your meeting or purchasing any animal displayed on this Site.
We may also provide links to other Sites that we hope you will find helpful. We do not control the material presented in other Sites, however, and we do not vouch for or assume responsibility for the accuracy of such material.
We are not responsible if the information that we make available on this Site is not accurate or complete. Any reliance upon the material on this Site shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Site.
4. USE OF THE SITE
You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site, that you will not transmit any virus or worm to the Site, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Site (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without authorization.
We reserve the right to restrict, suspend or terminate without notice your access to the Site or any feature of this Site or any feature or part thereof at any time.
You acknowledge that these Terms & Conditions govern your use of any Software provided by Company and/or made available through the Site, whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) your use of the Software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the Software; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (4) you shall not attempt to circumvent or disable the Software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the Software without the prior written consent of Company.
We may change or eliminate Services offered on or through the Site at any time without notice. We make no representation that any Services are available for use in your location, and a reference to Services on the Site does not imply that the Services will be available to you and/or in your location.
7. COPYRIGHT AND PERMISSIONS
Please feel free to browse the Site. In general, and unless otherwise posted, you may review and print copies of material from the Site, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Site.
You are not permitted to make or distribute copies of material on the Site for any commercial purpose without prior written permission from us. None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Company. Except as otherwise noted, all content of the Site is:
Copyright © 2015 Bobiliah LLC d/b/a Leash Yourself.
All rights reserved.
Company has a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material from the Site, please contact us at email@example.com.
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Site identify the services and products of Company and related organizations, and inform the public as to the source of those services and products. Your misuse of any Marks is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
You agree not to display or otherwise inappropriately use the Marks without prior written permission from us. Please make such requests by email to firstname.lastname@example.org. We will evaluate your request and respond as soon as possible.
9. SUBMISSIONS BY YOU
In the event that you transmit or post any content, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), on or to the Site, you (1) represent and warrant to Company that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; and (2) grant to Company an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty- free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any Content submitted by you may be handled by Company on a non-confidential basis.
10. ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITIES AND WARRANTIES
The Site may contain technical inaccuracies, typographical errors, and out of date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we makes no warranty that the Site will meet your requirements. We reserve the right to make changes to the Site at any time.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR SITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” COMPANY MAKES NO WARRANTY OF NONINFRINGEMENT. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE SITE.
12. INTELLECTUAL PROPERTY LIMITATION OF LIABILITY
Company respects the intellectual property of others, and we ask visitors to our Site to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Company:
The designated agent of Company for notification of claims of copyright infringement on this Site can be reached as follows:
Address: Designated Agent for Intellectual Property
Bobiliah LLC d/b/a Leash Yourself
5570 Via De La Plata Cir
Delray Beach, FL 33484
Similarly, if you believe any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Company.
13. DISPUTE RESOLUTION
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in Florida, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to Company its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
14. APPLICABLE LAWS AND JURISDICTIONAL ISSUES
The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Florida applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in Florida and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
15. COMPLIANCE WITH LAWS
You agree that you will not use the Site or the Software or Services provided on or through the Site for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Site or Software or Services provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or Software or Services provided on or through the Site in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Company is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Company, then Company shall not be responsible to you for any failure or delay in the performance of its obligations. Company shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Company from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
You may not assign your rights or obligations under this Agreement without the prior express written consent of Company.
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by Company to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Company.
These Terms & Conditions constitute the entire understanding between Company and you with respect to the Site.
BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.
This Terms & Conditions was last updated on April 7, 2015.
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