IMPORTANT! YOUR USE AND ACCESS TO THIS WEBSITE IS SUBJECT TO THE FOLLOWING LEGALLY BINDING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE LEAVE THIS WEBSITE IMMEDIATELY.
This Terms of Use Agreement (the "Agreement") is between you ("You") and Pampered Media Corporation, a corporation incorporated pursuant to the laws of Ontario, Canada. (hereinafter referred to as “Pampered Puppy”). In this Agreement, “We” or “Us” refers to Pampered Puppy, its owners, officers, directors, employees and agents. This Agreement sets out the terms and conditions applicable to Your access and use of pamperedpuppy.com (the “Site”). By Your use of the Site, You agree to be contractually bound by the terms of the Agreement, including any modifications that We may make. You also consent to the collection and use of your personal information as outlined in our privacy policy available at: http://www.pamperedpuppy.com/privacy.php. This Agreement was last updated on May 1, 2005.
The Site contains content that We create as well as content provided by third parties. This content includes, among other things, product reviews, articles, and directory listings. It also includes information about products and services offered by parties other than Pampered Puppy, such as product descriptions, specifications, pricing, availability, and performance. The Site and its content is provided to You "as is". We do not guarantee the accuracy, the integrity, or the quality of the content on the Site, and You may not rely on any of this content.
We do not sell, resell, or license any of the products or the services that We review, list, or advertise on the Site, and We disclaim any responsibility for or liability related to them. This Site and its content are not to be construed as a form of promotion or an offer to sell any product or service. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between You and that third party. You agree that We will not be responsible or liable for any loss or damage of any sort incurred as the result of any of Your transactions or other dealings with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
When You visit external websites from the Site, You do so entirely at Your own risk. In providing links to other sites, Pampered Puppy is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Pampered Puppy is affiliated or associated with same. We make no guarantees with regard to the accuracy or correctness of the information in any websites We may link to or refer to. We do not recommend or endorse any third-party content, including without limitation any hyper-links to or content found, outside of the Site. We do not assume and are not responsible for any liability for any of the information, interpretation, comments or opinions expressed in any of the linked websites, nor for any losses arising from the use of external websites.
Pampered Puppy grants You a limited, non-exclusive, non-transferable, revocable license to access, read and download a single copy of the Site's Content for the sole purpose of personal, non-commercial use.
You hereby grant to Pampered Puppy the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, and to authorize such acts, any information or other content You provide on or through the Site or which is sent to Pampered Puppy by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Pampered Puppy shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Pampered Puppy in writing or required by law. You represent and warrant that You have the right to grant the license set out above.
You hereby consent and submit to the EXCLUSIVE jurisdiction of the courts of the province of Ontario in any action or proceeding related to the Site or Content and agree not to commence any such action or proceeding except in Toronto, Ontario, Canada. The laws of the province of Ontario and the laws of Canada applicable therein shall govern use of the Site and the interpretation, validity and effect of this Agreement, and shall be treated in all respects as an Ontario contract, notwithstanding any conflict of laws, provisions or Your domicile, residence or physical location. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Pampered Puppy related to the Site, the Content, or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Pampered Puppy or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Pampered Puppy reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Site. You are responsible for periodically reviewing the amendments on the Site and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using the Site. Access to the Site or use of the Site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Pampered Puppy unless signed by Pampered Puppy in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement with the exception of using the headings to identify the clauses that shall survive the termination of this Agreement in accordance with this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
This Agreement is effective until terminated by Pampered Puppy, with or without cause, in Pampered Puppy's sole and unfettered discretion. Pampered Puppy may terminate this Agreement without notice to You. Any such termination by Pampered Puppy shall be in addition to and without prejudice to such rights and remedies as may be available to Pampered Puppy, including injunction and other equitable remedies. The sections under the headings; "Limitation of Liability", "Ontario Law and Venue", "License to Use Content You Submit", "Interpretation", and "Termination", shall survive the termination or expiry of this Agreement.
If You have any questions, concerns or complaint's with respect to the Site or its Content You may contact Us at:
Pampered Media Corporation 20 Lewis Street Toronto, ON, M4M 2H3 CANADAWe can be reached via e-mail at info@pamperedpuppy.com.
© Pampered Media Corporation 2002-2008. All rights reserved.