Last updated: 10/24/13
1. General Use and Restrictions.
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving The OurPet’s Co.’s express written permission. You further agree not to, without first obtaining The OurPet’s Co.’s express written permission, (a) use any of its trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2.1 Account and Password.
If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify The OurPet’s Co. of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.
2.2 Submissions and User Generated Content.
2.2. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of The OurPet’s Co. The OurPet’s Co. does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third party User Generated Content is at your sole risk.
2.3. The OurPet’s Co. may, in its sole discretion, edit and/or remove any User Generated Content you submit to the Site. Without limiting the generality of the foregoing, The OurPet’s Co. may edit or remove any User Generated Content you submit to the Site that The OurPet’s Co., in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
2.4. You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including Personally Identifiable Information, that is included in your posted User Generated Content.
3. User Generated Content Limitations.
3.1. You agree not to post User Generated Content that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
- violates or infringes any right of The OurPet’s Co. or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party, or
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; or
- unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
- contains copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
- includes or transmits viruses or other harmful, disruptive or destructive files; or
- x) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or
- “flames” or “bashes” any individual or entity (i.e., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
3.2. Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
4. Linking and Third Party Dealings.
5. Intellectual Property.
5.2 Trademarks. Pet Zone® and certain other brands, trademarks, service marks and logos are marks of The OurPet’s Co.(not all marks of The OurPet’s Co. appear on this Site) and except as expressly provided in Section 1.3 above, may not be copied, imitated or used, in whole or in part, without The OurPet’s Co.’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of The OurPet’s Co. or its licensors and may not be copied, imitated, or used, in whole or in part, without The OurPet’s Co.’s prior written permission.
6. Policy, Notices and Procedures Regarding Claims of Copyright Infringement.
The OurPet’s Co. respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 6. Pursuant to Title 17, United States Code, Section 512(c)(2), The OurPet’s Co. designates Copyright Agent as its agent designated to receive notification of claimed copyright infringement (“Designated Agent”). The address of the Designated Agent is 1300 East Street, Fairport Harbor, Ohio, 44077. The telephone number of the Designated Agent is 440-354-6500.
If you have a dispute with any users or visitors, you release The OurPet’s Co. and the Indemnified Parties from claims, demands, and damages (actual and consequential) of every kind, known and unknown, arising out of such dispute.
8. Disclaimer of Warranties.
You expressly acknowledge and agree that your use of the Site (including, without limitation, any Service and Content) is at your sole risk. To the maximum extent permitted by applicable law, the Site (including, without limitation, the Services and Content) is provided to you on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, The OurPet’s Co. makes no representations or warranties relating to the Site, Services or Content including, without limitation, representations or warranties that (a) the Site, Services or Content shall meet your requirements, (b) the operation of the Site or Services will be uninterrupted or error free, or (c) any defects in the Site, Service or Content will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OURPET’S CO. HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE OURPET’S CO. KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SITE, SERVICE AND CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OURPET’S CO. DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SITE, SERVICES AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
IN NO EVENT SHALL OPCO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED $10.00.
10. Modifications to the Site.
For the avoidance of doubt, The OurPet’s Co. may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.
11. Governing Law and Jurisdiction.
The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to The OurPet’s Co. products is intended for use only be residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. This Site links to other sites produced by our various brands, some of which are outside of the United States. Those sites may have information that is appropriate only to that particular originating country or geographic region. The OurPet’s Co. reserves the right to limit provision of our products or Services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or Services we provide. Any offer for any product or Service made on this website is void where prohibited.
12. General Provisions.
13. Forward-looking Statements.
This site may contain forward-looking statements which may involve risks and uncertainties. Actual results may differ from these statements as a result of changes in external competitive market factors, unanticipated changes in the company’s industry, or economy in general, as well as various other factors, including those discussed herein and those set forth in The OurPet’s Co.’s most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission. The stock price performance shown on the stock quotes on The OurPet’s Co.’s website is not necessarily indicative of future price performance.