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

 

 

 

 

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