TERMS OF USE
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE
“SITE” OR USING ANY PART OF THE SITE OR “SERVICE” (BOTH AS DEFINED BELOW). BY CLICKING ON THE "I ACCEPT"
BUTTON BELOW, YOU (THE USER) AGREE TO BECOME BOUND BY THE TERMS OF USE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL
THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU WILL NOT HAVE ANY RIGHT TO USE
THE SITE.
Acceptance of Terms.
The following terms and
conditions govern all use of the CollarFree.com website (the Site)
and the services available at the Site (taken together, the Service). The Service is owned and operated by Collar
Free, Inc. (Collar Free). The
Service is offered subject to acceptance without modification of all of the
terms and conditions contained herein and all other operating rules, policies
and procedures that may be published from time to time on this Site by Collar
Free (collectively, the Terms of Use).
The Service is available only to
individuals who are at least 18
years old, whether acting on their own behalf or as an authorized employee or
representative of a corporation or other business entity. If you do not so qualify, do not attempt to
register for or use the Service. Collar
Free may refuse to offer the Service to any person or entity and may change its
eligibility criteria, at any time, in its sole discretion.
if you
do not agree to all of these Terms of Use, then do not access or use the
Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY
MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY
ALL OF THESE TERMS OF USE.
Changes.
Collar Free reserves the right,
at its sole discretion, to modify or replace any of these Terms of Use at any
time. It is your responsibility to check
the Terms of Use periodically for changes.
Your continued use of the Service following the posting of any changes
to the Terms of Use constitutes acceptance of those changes.
Registration.
As a condition to using the Service, you may
be required to register with Collar Free and select a password and screen name
(Collar
Free User ID). Your Collar Free
User ID cannot be changed, so please select one carefully. You shall provide Collar Free with accurate,
complete and updated registration information.
Failure to do so shall constitute a breach of the Terms of Use, which
may result in immediate termination of your account. You must ensure that your account with Collar
Free contains (at all times) a valid email address. In addition, you shall not (i) select or use
as a Collar Free User ID a name of another person with the intent to
impersonate that person; (ii) use as a Collar Free User ID a name subject to
any rights of a person other than you without appropriate authorization; or
(iii) use as a Collar Free User ID a name that is otherwise offensive, vulgar
or obscene. Collar Free reserves the
right to refuse registration of, or cancel, a Collar Free User ID in its sole
discretion. You are solely responsible
for activity that occurs on your account and for maintaining the confidentiality
of your Collar Free password. You shall
never use another user’s account without such other user’s express permission.
You shall never transfer or assign your account to any third party. You will immediately notify Collar Free in
writing of any unauthorized use of your account or other account- related
security breach of which you are aware.
You shall only have one (1) account with the Service (which,
for clarity, means that You will not register (or attempt to register) for more
than one (1) account);
provided that, within such personal account with the Service you may be able to
open sub-accounts.
Fees; Payment.
Certain products offered by (or on behalf of) Collar Free
through the Site (such as, t-shirts) will require payment by you (“Products”). You
shall pay all applicable fees, as described on the Site, in connection with the
Products selected by you. All fees are
in U.S. dollars unless stated otherwise by Collar Free on the Site. All fees are payable upon demand on a Visa,
MasterCard, American Express, Discover credit card. Collar Free reserves the right to change its
prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your
acceptance of any new or increased charges.
Purchases are subject to Collar Free’s Return
Policy.
Privacy.
Collar Free's current privacy
policy is available at http://www.collarfree.com/PrivacyPolicy.aspx
(the Privacy
Statement), which is incorporated by this reference. We strongly urge you to review the Privacy
Statement.
Rules and Conduct.
The Service (including without
limitation, any content, documents or other information made available via the
Service) is provided only for your own information purposes. Any unauthorized use of the Service,
including without limitation, any commercial use (such as, for example, resale
to third parties), is expressly prohibited.
As a condition of use, you
promise not to use the Service for any purpose that is unlawful or prohibited
by these Terms of Use, or any other purpose not reasonably intended by Collar
Free. You agree to abide by all applicable
local, state, national and international laws and regulations.
By way of example, and not as a
limitation, you agree not to (a) take any action or (b) upload, post,
submit or otherwise distribute or facilitate distribution of any content
(including text, communications, software, images, sounds, data or other
information) using any communications service or other service available on or
through the Service, that:
·
is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, obscene, profane or which
otherwise violates the Terms of Use;
·
infringes
any patent, trademark, trade secret, copyright, right of publicity or other
right of any party;
·
constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail
("spamming");
·
imposes
an unreasonable or disproportionately large load on Collar Free's computing,
storage or communications infrastructure or attempts to gain unauthorized
access to the Service, other accounts, computer systems or networks connected
to the Service, through password mining or otherwise;
·
contains
software viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit or interfere with the proper
function of any software, hardware or telecommunications equipment, or to
damage or obtain unauthorized access to any system, data or other information
of Collar Free or any third party; or
·
harvests
or collects any information from the Site; or
·
impersonates
any person or entity, including any employee or representative of Collar Free.
Collar Free may, at its sole discretion,
immediately terminate your access to the Service should your conduct fail to
conform strictly with any provision of this section.
Content.
Collar Free has no obligation to
monitor the Service or any use thereof.
However, Collar Free reserves the right at all times and without notice
to monitor, review, retain or disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental (including law
enforcement) request.
Third Party Sites.
The Service may permit you to
link to other websites on the Internet, and other websites may contain links to
the Site. These other websites are not
under Collar Free's control, and you acknowledge that Collar Free is not
responsible for the accuracy, legality, appropriateness or any other aspect of
the content or function of such websites.
The inclusion of any such link does not imply endorsement by Collar Free
or any association with its operators.
Proprietary Rights.
You agree that all content and
materials delivered via the Service or otherwise made available by Collar Free
at the Site are protected by copyrights, trademarks, service marks, patents,
trade secrets or other proprietary rights and laws. Except as expressly authorized by Collar Free
in writing, you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit
or create derivative works from such materials or content. However, you may print or download a
reasonable number of copies of the materials or content at this Site for your own
informational purposes; provided,
that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content
from this Site to create or compile, directly or indirectly, a collection,
database or directory without written permission from Collar Free is
prohibited.
Reproducing, copying or
distributing any content, materials or design elements on the Site for any
other purpose is strictly prohibited without the express prior written
permission of Collar Free. Use of the
content or materials for any purpose not expressly permitted in these Terms of
Use is prohibited. Any rights not
expressly granted herein are reserved.
Design Submissions.
By uploading, submitting or
otherwise disclosing or distributing designs (or other images or graphics) (Design)
through the Service, you agree to Collar Free’s Submission
Terms and Conditions. “Design” includes, without limitation, words
(e.g. slogans).
Other User Submissions.
This section is subject to the Design
Submissions section above.
The Service may provide you with
the ability to publicly: upload, submit, disclose, distribute or otherwise post
(hereafter, “posting”) content (including, without limitation, information,
data and images) to the Service (“User Submissions”). By posting User Submissions on or at the Site
or otherwise through the Service, you:
·
grant Collar Free a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable right and license to use,
reproduce, distribute, prepare derivative works of, display and perform the
User Submissions in connection with the Site and Collar Free’s (and its
successor’s) business, including, without limitation, for promoting and
redistributing part or all of the Service (and derivative works thereof) in any
media now known or hereafter developed (the foregoing license granted by you
terminates once you remove or delete a User Submission from the Site);
·
represent
and warrant that you own or otherwise control all rights to such User
Submissions and that disclosure and use of such User Submissions by Collar Free
(including without limitation, publishing content on or at the Site) will not
infringe or violate the rights of any third party; and
·
acknowledge
that such User Submissions may not be treated confidentially.
You shall not provide Collar Free
with any confidential or proprietary information that you desire or are
required to keep secret. You are solely
responsible for the User Submissions you post on or through the Service.
Collar Free has no obligation to
monitor the Site, Service or User Submissions.
Collar Free may remove any User Submission at any time for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such User Submission), or for no
reason at all.
Termination.
Collar Free may terminate your
access to all or any part of the Service at any time, with or without cause,
with or without notice, effective immediately.
If you wish to terminate your account, you may simply discontinue using
the Service.
No Warranties.
THE SERVICE (INCLUDING, WITHOUT
LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE) IS PROVIDED
"AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL
OF WHICH ARE EXPRESSLY DISCLAIMED. COLLAR
FREE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT
PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE
WILL MEET YOUR REQUIREMENTS. SOME STATES
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL COLLAR
FREE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR
CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE
OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT
TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS
OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) $10
(U.S.). SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY
INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification.
You agree to defend, indemnify and hold harmless Collar Free, its
affiliates and their employees, contractors, officers, directors and
representatives from all liabilities, claims and expenses, including attorneys'
fees, that arise from your use or misuse of the Service. Collar Free reserves the right, at it own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate
with Collar Free in asserting any available defenses.
International Use.
Collar
Free makes no representation that the Content is appropriate or available for
use in locations outside the United States, and accessing the Service is
prohibited from territories where such Content is illegal. If you access the Service from other
locations, you do so at your own initiative and are responsible for compliance
with local laws.
Dispute Resolution.
A printed version of these Terms
of Use and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You and Collar Free agree that any cause of
action arising out of or related to the Service must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be
governed by and construed in accordance with the laws of the State of
California, excluding its conflicts of law rules, and the United States of
America. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or relating to
these Terms of Use or your use of this Site or Services shall be filed only in
the state or federal courts located in California, USA, and you further agree
and submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
Use of the Service is not authorized in any jurisdiction that does not
give effect to all provisions of these Terms of Use, including without
limitation, this section.
Integration and Severability
These Terms of Use are the entire
agreement between you and Collar Free with respect to the Service and use of
this Site, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and Collar Free
with respect to this Site (but excluding the use of any software which may be
subject to a separate end-user license agreement). If any provision of the Terms of Use is found
to be unenforceable or invalid, that provision will be limited or eliminated to
the minimum extent necessary so that the Terms of Use will otherwise remain in
full force and effect and enforceable.
Miscellaneous.
These Terms of Use and the
Service contemplated hereunder are personal to you, and are not assignable,
transferable or sublicensable by you except with Collar Free's prior written
consent. Collar Free may assign,
transfer or delegate any of its rights and obligations hereunder without
consent. All waivers and modifications
must be in a writing signed by both parties, except as otherwise provided
herein. No agency, partnership, joint
venture or employment relationship is created as a result of this Agreement and
neither party has any authority of any kind to bind the other in any
respect. In any action or proceeding to
enforce rights under this Agreement, the prevailing party will be entitled to
recover costs and attorneys' fees. All
notices under this Agreement will be in writing and will be deemed to have been
duly given when received, if personally delivered or sent by certified or
registered mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; or the day after it is sent,
if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, these
Terms of Use and all Content provided by Collar Free are copyright © 2008 Collar Free, Inc. All rights reserved.
“Collar Free” as well as page headers, custom
graphics, buttons, images and other content on the Site, are subject to
trademark, service mark, trade dress, copyright and or other proprietary or
intellectual property rights or licenses held by Collar Free, Inc. or its
licensors, supplier or partners. Other
trademarks, product names and company names or logos used on the Site are the
property of their respective owners.
Except as expressly authorized, the use or misuse of any trademarks,
trade names, logos, images, graphics or content from the Site is strictly
prohibited.
Contact.
You may contact Collar Free at the following
address:
3611 30th St
San Diego, CA 92104
P: 619-795-2993
Email: jimmyandpat@collarfree.com