The K9PowerŽ Internet Web Site Agreement (the "Agreement") is between you and K-9 Power Products LLC ("K9PowerŽ") with a principal place of business at 350 Sackett Point Road, North Haven, Connecticut. Use of the K9PowerŽ Internet Web site (the "K9PowerŽ Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE K9POWERŽ WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this K9PowerŽ Web Site.
(2) K9PowerŽ reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the K9PowerŽ Web Site.
(3) The K9PowerŽ Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the K9PowerŽ Web Site are only for your personal, non-commercial use. All materials contained on the K9PowerŽ Web Site are protected by copyright, and are owned or controlled by K9PowerŽ or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the K9PowerŽ Web Site. You may download and make [copy/copies] of the Content and other downloadable items displayed on this K9PowerŽ Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from K9PowerŽ or the copyright holder identified in the individual Contents copyright notice.
(4) All trademarks, service marks and trade names of K-9 Power Products LLC used in the site are trademarks or registered trademarks of K9PowerŽ.
(5) K9PowerŽ may change, suspend or discontinue any aspect of the K9PowerŽ Web Site at any time, including the availability of any K9PowerŽ Web Site feature, database, or Content. K9PowerŽ may also impose limits on certain features and services or restrict your access to parts or all of the K9PowerŽ Web Site without notice or liability.
(6) You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the K9PowerŽ Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the K9PowerŽ Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
(7) You hereby agree to indemnify, defend and hold K9PowerŽ, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. K9PowerŽ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of K9PowerŽ.
(8) If you participate as a K9PowerŽ Affiliate, you agree to be bound by this Terms of Use agreement. In addition, you agree to use any and all K9PowerŽ affiliate related banners and text links in an ethical manner. You also agree that any affiliate text link information will be written to match the content and purpose of our site, and that you will not misrepresent K9PowerŽ or its products, services, or offerings in any way. You understand that K9PowerŽ decides what is ethical and can at any time terminate your affiliate account if they feel that you are misrepresenting K9PowerŽ or unethically marketing your affiliate links. If K9PowerŽ terminates your account, you will not be paid for any outstanding commissions.
(9) The K9PowerŽ Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the K9PowerŽ Web Site. Links to and from K9PowerŽ Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by K9PowerŽ or any of its subsidiaries or affiliates of any third party resources, or their contents.
(10) K9PowerŽ does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the K9PowerŽ Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. K9PowerŽ reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the K9PowerŽ Web Site.
(11) K9PowerŽ does not and cannot review all materials posted to the K9PowerŽ Web Site by users, and K9PowerŽ is not responsible for any such materials posted by users. However, K9PowerŽ reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in K9PowerŽ's sole discretion are objectionable or in violation of this Agreement.
(12) THE K9POWERŽ WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE K9POWERŽ WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, K9POWERŽ AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE K9POWERŽ WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE K9POWERŽ WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE K9POWERŽ WEB SITE OR ANY LINKED SITE. FURTHER, K9POWERŽ AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. K9POWERŽ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE K9POWERŽ WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE K9POWERŽ WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. K9POWERŽ AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE K9POWERŽ WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(13) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the K9PowerŽ Web Site, you hereby grant to K9PowerŽ a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against K9PowerŽ for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
(14) You acknowledge that transmission to and from the K9PowerŽ Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to K9PowerŽ, no confidential, fiduciary, contractually implied or other relationship is created between you and K9PowerŽ other than pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CONNECTICUT.
(16) This Agreement constitutes the entire agreement between K9PowerŽ and you with respect to your use of the K9PowerŽ Web Site. Any cause of action you may have with respect to your use of the K9PowerŽ Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. K9PowerŽ disclaims any and all responsibility for content contained in any third party materials provided through links from the K9PowerŽ Internet site.
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