Pet Passing, and its associates provide services to you which are subject to the following conditions. Please read them carefully because if you visit or shop within our web site, then you are supposed to have accepted these conditions.


Privacy

To get a proper insight into the methods of our working please read the Privacy Notice which also governs your visit to our web site.


Electronic Communications

You communicate with us electronically when you visit Pet Passing, or send emails to us. This provides consent to receive similar emails from us. We will communicate by posting on the web site and also by sending emails. By receiving emails from us regarding agreements, notices, disclosures and other agreements you agree that they satisfy any legal requirement that such communications are in writing.


Copyright

The customer should understand that all the logos, text, graphics, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Forever Pets, Inc. or its content suppliers protected by United States and international copyright laws. The software application provider and author for “osCommerce”, is used under the GNU General Public Licence and www.oscommerce.com has the intellectual rights for all original authorship and credit for osCommerce.


Trademarks

Pet Passing’s trademarks and trade dress may not be used be in connection of promoting any product or service that is not Pet Passing’s or used to create confusion that might discredit the owners. All other trademarks that appear on the web site which are not owned by Pet Passing or its subsidiaries are owned by their respective owners who may or may not be connected to, affiliated with or sponsored by Pet Passing or its subsidiaries.

Licence and Site Access

Customers are granted a limited licence by the owners of Pet Passing to access and make personal use of the site but not to download anything (other than page caching) or modify even a portion of anything without the express permission of the site owners. This licence does not include any commercial use of the site contents, no collection and use of its product listings, descriptions or prices, no derivative use of this site or its contents, no downloading and use of account information for another merchant nor any use of data mining, robots, similar data gathering and extraction tools. The site or any part or portion of it may not be reproduced, duplicated, sold, resold or exploited without the express permission of the owners of Pet Passing. It is not allowed to frame or to use any such techniques to enclose any trademark, logo or other similar proprietary information without obtaining prior consent. Neither is it allowed to use meta tags and other “hidden text” using Pet Passing’s name or trademarks without the express consent of the owners. Any such use will terminate the licence and permission granted by Pet Passing. The owners of the site have granted a limited, revocable and nonexclusive right to create a hyperlink to the homepage of Pet Passing as long as it doesn’t portray them, their associates, the products and services they provide in a derogatory or offensive manner. But the customer won’t be able to use the trademark logo and other similar graphics without their permission.


Your Membership Account

Once the customer uses the site, it is his responsibility to protect his account and password and for restricting use to his computer. It is implied that he would be responsible for any dealings occurring under his account. People who are less than 18 years have to use the web site under the supervision of a parent or a guardian. Pet Passing and its associates have the sole discretion to refuse service, terminate accounts, remove or edit content and cancel orders.


Reviews, Comments, Emails and Other Content

Visitors are allowed to post comments, reviews, and other suggestions, ideas, questions so long as they are not of an offensive nature. The posted content should not be illegal, obscene, threatening in nature, defamatory, invasive of privacy, infringing of intellectual property rights, objectionable in any degree or injuring third parties or contain malicious software, political campaigning, commercial solicitation, chain letters, mass mailing or any other form of “spam”. Its prohibited to use a false email address, impersonate someone or provide false information about oneself. Pet Passing has the right to remove or edit such content. But it doesn’t have the obligation to regularly review all posted content.

Once the customer posts content or submits any material, he grants the people of Pet Passing a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right for its use. The owners and the associates can use, reproduce, modify, adapt, publish, translate these works. It gets the right to derive further works from these, distribute and display them in any form, in any media throughout the world. Pet Passing, its associates, and its sub licensees can use the name submitted with these creations. When a person posts content he represents that he owns or controls all the rights for it. The content must be accurate and must not be injuring anyone’s reputation and that Pet Passing and its associates will be indemnified from claims for all content posted by him. The right to edit or remove content remains with Pet Passing but there is no obligation on its part to regularly review the content. It is not liable or responsible for any content posted on the web site.


Risk of Loss

All items or services bought from Pet Passing are made according to a shipment contact. This basically means that the risk of loss and title will be borne by the customer after they are passed on to the carrier.


Product Descriptions

Pet Passing and its associates will try to give information about the services and products as accurately as possible. But they don’t warrant that product descriptions or information about any other similar content on the website to be complete, error-free, accurate and reliable. If upon buying the products, the customer finds it to be different from the content described, he should return it in an unused condition.


Disclaimer of Warranties and Limitation of Liabilities

The owners of Pet Passing provide this web site on an “AS IS” and “AS AVAILABLE” basis. They make no representations or warrant anything, whether express or implied, as to the functioning of the site. They are not responsible for any materials, information or content posted on this web site. It is understood that the customer expressly agrees that he uses the site at his own risk.

Pet Passing does not give any warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose to the fullest extent permissible under the applicable law. It does not warrant that its site, its servers or any email sent by the site is free from viruses or other harmful content. Pet Passing will not be liable for any damage arising out of using this site, including, but not limited to, direct, indirect, punitive, incidental and accidental damages. Certain states have laws which do not allow limited implied warranties or the exclusion or limited on certain damages. If these state laws apply to a customer then some of the above disclaimers may not be applicable to him. Thus, he would get some additional rights or benefits.


Applicable Law

When a person visits the web site he agrees that the state laws of Illinois, USA will govern any situation arising out of the conflict of laws. These laws will also govern the aforesaid Conditions of Use and any dispute arising between the customer and Pet Passing or its associates.


Disputes

Any dispute arising out of visits to the web site of Pet Passing or related to purchasing of products shall be subject to confidential arbitration in the state of Illinois, USA, except that, in the case of the customer violating or threatening to violate Pet Passing’s intellectual property rights, Pet Passing may seek injunctive relief or other appropriate action in any state or federal court throughout the area of Illinois, and the customer agrees to exclusive jurisdiction and venue in such courts. The arbitration will be subject to the then existing rules of the American Arbitration Association. The decision of the arbitrators will be binding and taken as final. It can be entered as a judgement in any court of competitive jurisdiction. No arbitration under this agreement can be joined to any other arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. This clause is applicable to the fullest extent possible under the suitably related law.


Site Modifications, Policies and Severability

The customer is advised to review the other policies of Pet Passing such as Shipping and Returns Policy posted on the site. These policies also govern visits to the site. Pet Passing has the right to make changes to the site, policies or the Conditions of Use at any point of time. If any of the changes would be deemed null, void or plainly unenforceable, then that condition would be deemed severable and shall not affect the validity or enforceability of any pre-existing condition in any manner.


Questions

Any queries relating to the Conditions of Use, Privacy Policy or any other policy related material should be directed to our support staff. They can be contacted by clicking on the “Contact Us” link provided on the web site. Alternately we can be contacted by mail at Support@ PetPassing.com.