Introduction
Welcome to the Jw Pet® Toys For Dogs, Toys, Ball website (the “Site”). This Site is operated by JW Pet Company (“JW Pet”). These Terms of Use set forth the terms and conditions under which you may access and use the Site and apply to all visitors, users and others who access or use the Site (“Users”).
Please read these Terms of Use carefully before using the Site. By using the Site you agree to and accept these Terms of Use. If you do not accept these Terms of Use, do not access or use the Site.
JW Pet may revise and update these Terms of Use from time to time. Your continued usage of the Site will mean you accept those changes.
Use of the Site
The content on the Site is for informational purposes only. JW Pet provides the Site and related services on an “as is” basis without any warranties or representations express or implied.
Users assume all responsibility related to the security, privacy and confidentiality risks inherent in sending any content over the internet. JW Pet does not guarantee the security of any data Users send to or via the Site.
Users may only access and use the Site for legitimate personal and non-commercial purposes. Users shall not use the Site in any way that:
- Violates any applicable local, state, federal or international laws.
- Infringes JW Pet’s or any third party’s intellectual property or other rights.
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable.
- Jeopardizes the security of your JW Pet account or anyone else’s.
- Attempts, in any manner, to obtain the password, account, or other security information from any other User.
- Violates the security of any computer network, or cracks any passwords or security encryption codes.
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Site.
- Uses any robot, spider, scraper or other automated means to access the Site.
- Decompiles, reverse engineers, or disassembles the software running the Site.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Advertises products or services competitive to JW Pet.
- Disparages or negatively represents JW Pet or its products or services.
JW Pet has the right to terminate any User’s access to the Site if such User violates these Terms of Use.
User Generated Content
Users may have the ability to post content on the Site, including in reviews, comments or forum posts (“User Content“). User Content does not include the layout, design or overall appearance of the Site.
With respect to User Content Users submit or otherwise make available on the Site, Users grant JW Pet a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully sublicenseable license to use, distribute, reproduce, modify, adapt, publicly perform and display, translate, create derivative works from and incorporate such User Content into any form, medium, or technology now known or later developed.
Users represent and warrant they have all rights necessary to grant JW Pet the license above. Users further understand this license allows JW Pet to display ads next to User Content.
By posting or submitting User Content, Users confirm they are the sole author and owner of the intellectual property and other rights to the User Content. A User gives JW Pet permission to use his/her name, likeness or any other information provided by User in any Media form, distribution method or technology.
Users are solely responsible for their User Content. JW Pet is not responsible or liable for any User Content.
Any User Content shall be accurate and truthful. User agrees not to provide User Content that:
- Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- Violates any law, statute, ordinance or regulation.
- Is defamatory, libelous, unlawfully threatening or unlawfully harassing.
JW Pet may remove any User Content for any reason at its sole discretion. JW Pet has no responsibility or liability for failure to remove any User Content.
JW Pet’s Proprietary Rights
Users acknowledge JW Pet and/or its suppliers and licensors own all rights, title and interest in the Site, including its look and feel, text, graphics, logos, button icons, images, audio and video clips, downloads and compilations of data, design, selection and arrangement thereof and computer code, including but not limited to all copyrights, trademarks, trade secrets, patents and other intellectual property rights.
The Site and all content therein are proprietary property of JW Pet and its licensors and protected by U.S. and international copyright laws. No right or license is granted to Users except for the limited usage rights expressly set forth in these Terms of Use.
“JW”, “JW Pet” and all other JW names, designs, slogans and product and service names are trademarks and service marks of JW Pet or its affiliates (the “JW Pet Marks”). Without JW Pet’s prior permission, Users agree not to display or use the JW Pet Marks in any manner.
Third Party Sites
The Site may contain links to third party websites. Linked websites are not under JW Pet’s control and JW Pet is not responsible for their content.
JW Pet provides third party website links only as a convenience to Users. The inclusion of any link does not imply affiliation, endorsement, or adoption by JW Pet of the site or any information contained therein.
When a User accesses third party websites, he/she does so at his/her own risk. Users acknowledge they may be subject to terms and conditions of the third party websites.
Disclaimer of Warranties
The Site and all data or information on the site are provided on an ‘as is’ basis without warranties of any kind, either express or implied.
JW Pet disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
JW Pet does not warrant the Site will operate in an uninterrupted or error-free manner or the data or information will be accurate.
To the maximum extent permitted by law, JW Pet shall not be liable for any damages of any kind, including loss of profits, arising out of or related to the Site.
Limitation of Liability
To the fullest extent permitted by law, under no circumstances will JW Pet be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with User’s access or use of or inability to access or use the Site.
JW Pet’s total cumulative liability in connection with these Terms of Use, the Site and the services on the Site shall not exceed One Hundred Dollars ($100).
Indemnification
Users will release, indemnify, defend and hold harmless JW Pet and its officers, directors, employees and suppliers from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney’s fees, arising out of or in any way connected with:
- User’s access to or use of the Site;
- User’s violation of these Terms of Use;
- User’s violation of any third party right, including intellectual property rights; and
- Any User Content Users provide.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to principles of conflicts of law.
Users agree that any action relating to or arising out of these Terms of Use shall be brought in courts located in Denver, Colorado. Users consent to the jurisdiction of such courts.
Termination
JW Pet may terminate or suspend User’s access to all or part of the Site, without notice, for any conduct that JW Pet believes violates these Terms of Use, is illegal, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable.
The provisions of these Terms of Use concerning protection of JW Pet’s proprietary rights, disclaimers of warranty, limitation of liability, indemnity and jurisdiction and venue will survive any termination.
Changes to the Terms
JW Pet reserves the right to change these Terms of Use. When Terms of Use are changed, JW Pet will post the changes on the Site and update the “Last Updated” date at the top of this page.
Continued use of the Site after any changes to the Terms of Use constitutes acceptance of such changes. The revised Terms of Use will apply to use of the Site from the date of such changes. Users waive any right to receive specific notice of each such change.
Entire Agreement
The Terms of Use (along with the Privacy Policy) constitute the entire agreement between Users and JW Pet regarding the subject matter hereof. The Terms of Use supersede all prior or contemporaneous representations, understandings, agreements or communications between Users and JW Pet regarding the Site.
Contact Us
If you have any questions about the Terms of Use, please contact us at:
JW Pet Company
609 Spirit Valley East
Chesterfield, MO 63005
Email: [email protected]
