Terms & Conditions of Use
PLEASE READ THE FOLLOWING TERMS
AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEB
SITE. All users of this web site agree that access to and use of this web site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this web site.
Copyright
The entire content included in this web site, known as Heartworm Free with the
URL
http://www.heartwormfree.com, including but not
limited to text, graphics or code (the Site) is copyrighted as a collective work
under the United
States and
other copyright laws, and is the property of Heartworm Free. The collective work
includes works that are licensed to Heartworm Free. Copyright 2009, Heartworm
Free, ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of the Site for the sole purpose of placing an order with
Heartworm Free or purchasing Heartworm Free products. You may not display and,
subject to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas of
the Site. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of the Site is strictly
prohibited, unless authorized by Heartworm Free. You further agree not to change
or delete any proprietary notices from materials downloaded from the Site.
Trademarks
All trademarks, service marks and trade names of Heartworm
Free used in the Site are trademarks or registered trademarks of Heartworm Free.
Warranty Disclaimer
The Site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law, Heartworm Free
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Heartworm Free does not represent or warrant that the products
sold on the Site will perform as described, or that the functions contained in
the Site will be uninterrupted or error-free, that the defects will be
corrected, or that the Site or the server that makes the Site available are free
of viruses or other harmful components. Heartworm Free does not make any
warrantees or representations regarding the use of the materials in the Site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Heartworm Free shall not be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Heartworm
Free has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you. IN NO EVENT
SHALL THE TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR
RELATED TO THIS AGREEMENT,
HEARTWORM FREE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING Heartworm Free WEBSITE.
Veterinary Advice
The product recommendations, pet health care advice, and
other information provided on the Site (Site Content) are not to be construed as
veterinary advice and are not meant to be a substitute for a consultation with a
certified veterinarian. The Site Content is provided "as is" to assist you in
the selection of appropriate products for your pets, but should not be relied
upon to make important health care decisions for your pets. If your pet is ill,
you should take it to a certified veterinarian for an examination and diagnosis.
Typographical Errors
In the event that a product sold on the Site is mistakenly
listed at an incorrect price, Heartworm Free reserves the right to refuse or
cancel any orders placed for such product listed at the incorrect price.
Heartworm Free reserves the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is cancelled,
Heartworm Free shall issue a credit to your credit card account in the amount of
the incorrect price.
Price Changes
All prices listed on the Site are subject to change
without notice. Heartworm Free will need to modify prices from time to time and
is not able to honor lower prices previously posted on the Site.
Term; Termination
These terms and conditions are applicable to you upon your
accessing the Site and/or completing the registration or shopping process. These
terms and conditions, or any part of them, may be terminated by Heartworm Free
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Heartworm Free may deliver notice to you by means of
e-mail, a general notice on the Site, or by other reliable method to the
addresses you have provided to Heartworm Free.
Miscellaneous
Your use of the Site shall be governed in all respects by
the laws of the state of California,
U.S.A.,
without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or
relating to the Site (including but not limited to the purchase of Heartworm
Free products) shall be in the state or federal courts located in Los Angeles,
Los Angeles County, California. Any cause of action or claim you may have with
respect to the Site (including but not limited to the purchase of Heartworm Free
products) must be commenced within one (1) year after the claim or cause of
action arises. Heartworm Free's failure to insist upon or enforce strict
performance of any provision of these terms and conditions 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 of these terms
and conditions. Heartworm Free may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Site, including via
e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including Heartworm Free or other licensed employee,
host, or representative, as well as other members or visitors on the Site is
prohibited. You may not upload to, distribute, or otherwise publish through the
Site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the Site or use the Site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation
Disclaimer
Heartworm Free does not and cannot review all
communications and materials posted to or created by users accessing the Site,
and is not in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view and
distribute user-generated content on the Site, Heartworm Free is merely acting
as a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the Site. However,
Heartworm Free reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Heartworm Free in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Heartworm
Free, its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the Site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors,
Heartworm Free may link to web sites operated by third parties. However, even if
the third party is affiliated with Heartworm Free, Heartworm Free has no control
over these linked web sites, all of which have separate privacy and data
collection practices, independent of Heartworm Free. These linked web sites are
only for your convenience and therefore you access them at your own risk.
Nonetheless, Heartworm Free seeks to protect the integrity of its web site and
the links placed upon it and therefore requests any feedback on not only its own
web site, but for web sites it links to as well (including if a specific link
does not work).
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