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PetSaleinc.com Terms and Conditions
Welcome to PetSaleinc.com. By signing up the
PetSaleinc.com, you agree to be bound by these Terms of Use, whether or not you
register as a member of PetSaleinc.com. If you object to anything in this
Agreement or the PetSaleinc.com Privacy Policy, do not use the Website or the
Service. The Terms of Use are subject to change by PetSaleinc.com at any time,
effective upon posting on the PetSaleinc.com website, and your use of the
Service after such posting will constitute acceptance by you of such changes.
1. Eligibility. Your Membership will be terminated, if you are have involved
in creating fake classifieds, provide fake Contact Informaion, mislead other members or abuse any members.
By using the Website, you represent and warrant that you have the right, authority and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Prohibited Activities. PetSaleinc.com reserves the
right to terminate your membership upon investigation, if you have misused the
Service, or behaved in a way which could be regarded as inappropriate or whose
conduct is unlawful or illegal.
3. Operation of the website
A. Service of the website
PetSaleinc.com will make a reasonable effort to keep its
service operational. However, from time to time, difficulties may occur and will
result in temporary service interruptions.
B. Termination of Free Membership
PetSaleinc.com reserves the right to cancel the promotional free membership at any time,
effective upon posting on the PetSaleinc.com website. The changes to the policy are effective immediately
after the Company posts the policy to the site with or without prior notice to
you the user.
C. Limited liability
The member will not hold PetSaleinc.com liable for any of
the consequences of such interruptions and agrees that such interruptions will
not be considered a breach of this agreement. In no event shall PetSaleinc.com
be liable for any direct, incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of data, loss of programs, cost
of procurement of substitute services or service interruptions) arising out of,
or related to, the use of, or inability to use, the Service, even if
PetSaleinc.com know or have been advised of the possibility of such damages.
PetSaleinc.com's liability to you for any cause whatsoever, and regardless of
the form of the action, will at all times be limited to the amount paid, if any,
by you to PetSaleinc.com. for the Service during the term of membership. In
addition, PetSaleinc.com disclaims all liability, regardless of the form of
action, for the acts or omissions of other members or users (including
unauthorized users) of the Service. PetSaleinc.com can not be held liable
for any listings posted in our website, it is the sole responsiblity on the Buyer to
validate all the information of the Seller.
PetSaleinc.com is not Incorporated in any state of USA and PetSaleinc.com Members
will not hold PetSaleinc.com liable to mislead people into belief that we are Incorporated.
F. Modifications.
We may modify this Agreement from time to time. Notification
of changes in this Agreement will be posted on the Service or sent via
electronic mail, as we may determine in our sole discretion. If you do not agree
to any modifications, you should terminate your use of the Service. Your
continued use of the Service now, or following the posting of notice of any
changes in this Agreement, will constitute a binding acceptance by you of this
Agreement, or any subsequent modifications.
G. Disclosure and Other Communication.
We reserve the right to send electronic mail to you, for the
purpose of informing you of changes or additions to the Service, or of any
PetSaleinc.com related products and services. We reserve the right to disclose
information about your usage of the Service and Demographics in forms that do
not reveal your personal identity.
H. Complaints.
To resolve or report a complaint regarding the Service or
members who use the Service users should send an email detailing such complaint
to customerservice@PetSaleinc.com. Actions will be taken place in order to
help solve the problem.
I. Member Account, Password and Security.
As part of the registration process, you will be issued a
unique user name and password which you must provide in order to gain access to
the non-public portion of the PetSaleinc.com. You certify that when asked to
choose a username you will not choose a name which falsely represents you as
somebody else or a name which may otherwise be in violation of the rights of a
third party. We reserve the right to disallow the use of usernames that we, in
our sole discretion, deem inappropriate. We reserve the right to modify any
materials on the site and PetSaleinc.com design at anytime, with or without
prior notice. We reserve the right to cancel at any time the membership of any
member who uses their selected username in violation of these Terms and
Conditions or in any other way we, in our sole discretion, deem inappropriate.
Your membership, the ID and password are nontransferable and non-assignable. You
represent and warrant that you will not disclose to any other person your unique
user name and password and that you will not provide access to the Service to
anyone who is below the Age of Majority, or otherwise does not wish to view the
content on PetSaleinc.com. You are solely responsible for maintaining the
confidentiality of your user name and password and are fully responsible for all
activities that occur under your user name and password. PetSaleinc.com will not
release your password for security reasons. You agree to (a) immediately notify
PetSaleinc.com of any unauthorized use of your user name and password or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. You are liable and responsible for any unauthorized use of
the Service until you notify PetSaleinc.com by email regarding that unauthorized
use. Unauthorized access to the Service is illegal and a breach of this
Agreement. You agree to indemnify PetSaleinc.com against all activities
conducted through your account. You may obtain access to your billing records
upon your reasonable request.
J. NO WARRANTIES, LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR
SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL
FAULTS" AND "AS AVAILABLE" BASIS. PetSaleinc.com EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT. PetSaleinc.com MAKES NO WARRANTY THAT THE SERVICES
WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES PetSaleinc.com MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS
IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND
AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER
NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE
DAMAGES. YOU AGREE THAT PetSaleinc.com'S MAXIMUM LIABILITY TO YOU FOR BREACH OF
THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE
AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US.
K. Severability
If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not
affect the validity or operation of any other term, clause or provision and such
invalid term, clause or provision shall be deemed to be severed from this
Agreement.
L. Jurisdiction/Disputes
This Agreement and all matters arising out of or otherwise relating
to these terms and conditions shall be governed by the laws in effect in the
State of Florida, without regard to its conflict of law provisions. You and
PetSaleinc.com hereby submit to the personal jurisdiction of the state and
federal courts of the State of Florida for resolution of all disputes. You and
PetSaleinc.com hereby agree that exclusive venue for any litigation under this
Agreement shall be with the state and federal courts located in Miami-Dade
County, Florida. If the parties seek arbitration or litigation, then the
prevailing party will be able to collect attorney fees and court costs.
5.Code of Conduct.
You agree to use the Service in accordance with the following Code of Conduct:
a) You are solely responsible for any information that you post or display to
other members or when using the Service. You will keep all information provided
to you through the Service as private and confidential and will not give such
information to anyone without the permission of the person who provided it to
you; b) You are aware that the Service may contain explicit adult oriented
materials provided only by consenting users; c) You will not use the Service to
engage in any form of harassment or offensive behavior, including, but not
limited to, the posting of any message, picture or recording, which contains
sexual conduct (whether actual or simulated), libelous, slanderous, abusive or
defamatory statements, or racist, pornographic, obscene, or offensive language;
d) You will not post any message, picture or recording or use the Service in any
way which:e) You will not post messages, pictures or recordings or use the
Service in any way which * i. violates, plagiarizes or infringes upon the rights
of any third party, including but not limited to any copyright or trademark law,
privacy or other personal or proprietary rights, or * ii. is fraudulent or
otherwise unlawful conduct in connection with your use of the Service or
violates any law. e) You will not use the Service to distribute, promote or
otherwise publish any material containing any solicitation for funds,
advertising or solicitation for goods or services; f) Your use of the Service is
for your own personal use. You may not allow others to use the Service and you
may not transfer accounts with other users; g) You will not use the Service to
infringe on any privacy right, property right, or other civil right of any
person; and h) You will not forward any chain letters through the Service.
6. Privacy and Use of Information.
As more fully set forth in our Privacy Statement, your personal information will
not be resold to any third party.
You acknowledge and agree that:
(a) We cannot ensure the security or privacy of information you provide through
the Internet, or otherwise, and through your email or other messages; you
release us from any and all liability in connection with the breach of the
security of such information and/or messages and with respect to the use of such
information by other parties;
(b) We are not responsible for, and cannot control, the use of any
information, by anyone, which you provide to any other parties or the Service
and you should use caution in selecting the personal information you provide to
others through the Service;
(c) We cannot assume any responsibility for the content of any message sent by
any user on the Service, and you release us from any and all liability in
connection with the content(s) of any communication(s) you may receive from
other users;
(d) You acknowledge that you cannot bring legal action against PetSaleinc.com
or any of its employees, officers or agents for any damages of any kind, under
any theory, as a consequence of using the Service; and
(e) Any and all images uploaded to PetSaleinc.com become property of
PetSaleinc.com and may be used by PetSaleinc.com, without any restriction(s), as
marketing materials. By accepting this Agreement and its Terms and Conditions
you specifically authorize us to use any images you upload to PetSaleinc.com for
marketing this site in our sole discretion.
(f) You may not use the Service for any unlawful purpose. We may refuse to
grant you or discontinue your use of a user name, for whatever reason,
including, but not limited to, that the user name you have chosen impersonates
someone else, is protected by trademark or proprietary law, or is vulgar or
otherwise offensive, as determined by us in our sole discretion.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of
the information provided by any other user of the Service, including but not
limited to, information regarding a member’s, age and marital status. You hereby
acknowledge and agree that we have no responsibilities or liabilities for any
inaccuracies, intentional or unintentional, made by users.
7. Monitoring of Information.
We reserve the right, but have no obligation, to monitor any and all
advertisements, public postings and messages to ensure that they conform to the
content guidelines and this Agreement, which are both subject to change from
time to time. We also reserve the right, but have no obligation, to monitor any
and all messages and chats that take place through the site. We are not
responsible for any offensive or obscene material(s) that may be transmitted or
posted by any and all users (including unauthorized users, as well as the
possibility of "hackers"). As noted above, we are also not responsible, under
any circumstances, for the use of any personal information, by anyone, that you
post or transmit through the Service.
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