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TERMS & CONDITIONS
Wags n Whiskers Agreement
The Wags n Whiskers Website (the "Website") is an online coupon and discount service provided by Wags n Whiskers (a subsidiary of "LMS, LLC"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE. Wags n Whiskers MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Wags n Whiskers, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Wags n Whiskers a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website (such as bulletin boards, forums and newsgroups) or by e-mail to Wags n Whiskers Website by all means and in any media now known or hereafter developed. You also grant to Wags n Whiskers the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Wags n Whiskers for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Wags n Whiskers.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Website are the exclusive trademarks or copyright of Wags n Whiskers. Other product and company names mentioned in the Website may be the trademarks of their respective owners.
2. Use of the Website.
You understand that, except for information, products or services clearly identified as being supplied by Wags n Whiskers, Wags n Whiskers does not operate, control or endorse any information, products or services on the Internet in any way. Except for Wags n Whiskers- identified information, products or services, all information, products and services offered through the Website or on the Internet generally are offered by third parties, that are not affiliated with Wags n Whiskers a. You also understand that Wags n Whiskers cannot and does not guarantee or warrant that coupons available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. Wags n Whiskers PROVIDES THE WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Wags n Whiskers SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL COUPONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Wags n Whiskers DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Wags n Whiskers HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL Wags n Whiskers BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Wags n Whiskers OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Wags n Whiskers's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Wags n Whiskers makes no representations whatsoever about any other Website which you may access through this one or which may link to this Website. When you access a non - Wags n Whiskers Website, please understand that it is independent from Wags n Whiskers, and that Wags n Whiskers has no control over the content on that Website. In addition, a link to an Wags n Whiskers Website does not mean that Wags n Whiskers endorses or accepts any responsibility for the content, or the use, of such Website. You also understand Wags n Whiskers can not be held responsible for any parts or services purchased from any of the advertisers Wags n Whiskers may put you in contact with. Wags n Whiskers is simply providing a go between service by putting businesses in contact with customers wanting to take advantage of coupon and discount savings. Wags n Whiskers has no control over the quality of any service or product you may source while using our service. You must understand this before using this service. Wags n Whiskers may also allow advertisers and other third parties to place cookies onto your computer when you visit this website. A "cookie" is a small text file that contains a string of letters, numbers and characters. Internet browsers store "persistent cookies" in a folder on your computer where they remain until the cookies expire or you delete them. The cookies placed by advertisers and other third parties are used to keep track of the web searches you make while visiting this website, as well as your web surfing behavior on this website and other websites you may visit. That information is used to show you advertisements tailored to your interests on this and other websites, and/or to keep track of your response to each ad. WAGS N WHISKERS.com and its associated merchants are not responsible for the accuracy of user submitted content. We provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through WAGS N WHISKERS.com that is offensive, indecent, or otherwise objectionable. You must be at least 18 to view the adult-oriented sites listed with WAGS N WHISKERS.com.
3. Indemnification.
You agree to indemnify, defend and hold harmless Wags n Whiskers, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Wags n Whiskers and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Terms Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Content and Integrity of Coupons & Discounts.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Website in any manner that might interfere with the rights of WAGS N WHISKERS or any third party.
7. Text Message Coupon Feature
WAGS N WHISKERS provides SMS text coupon service to you free of charge. However, you understand that when you use the WAGS N WHISKERS SMS text coupon service, you will be subject to charges imposed by your wireless carrier or other Internet provider, as applicable. Payment of such charges shall be your sole responsibility. Additionally, you also understand that WAGS N WHISKERS does not guarantee that the text coupon feature will function or that text coupons will work with all wireless carriers or cell phones.
8. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the United States and Canada applicable to agreements made and to be performed in the United States or Canada. You agree that any legal action or proceeding between Wags n Whiskers and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Wags n Whiskers's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Wags n Whiskers may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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