Terms and Conditions
Effective: August, 2016
IMPORTANT: READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS. WE ADVISE THAT YOU PRINT AND KEEP A COPY OF THIS AGREEMENT.
This site, as a whole and each individual page, as well as its content, information, text, graphics, images, photos, video, sound recordings, data, and software (collectively, the "Website") is provided and owned by 4Paws or its affiliates, representatives, agents, assigns, and licensees ("Affiliated Parties"). Registration for, use of, or access to the Website is governed by the following Terms and Conditions ("Terms"). By registering for, using, or accessing this Website, you agree to the Terms. You reaffirm your agreement to the Terms each time you use or access the Website. If at any time you no longer wish to be bound by the Terms you may do so by discontinuing your registration for, use of, or access to the Website at any time.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a "work made for hire" when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to 4Paws from their creation. Thus, 4Paws shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as 4Paws determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to 4Paws all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that 4Paws has the right but not the obligation to use and display any postings or contributions of any kind and that 4Paws may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
TERM AND TERMINATION. The Terms shall remain in full force and effect until modified or terminated by 4Paws. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
CAPACITY. By registering for, using, or accessing the Website you represent that you are at least 18 years of age and have legal capacity and legal competency to agree to the Terms.
ASSUMPTION OF RISK. The purpose of the Website, including the 4Paws, is to provide you with information regarding weight loss. You understand that any weight loss program, including the 4Paws, could detrimentally impact your health and involves some risk. No information provided on the Website, including the 4Paws, is intended as medical advice or diagnosis, and should not be construed as such. Additionally, no information provided on the Website, including the 4Paws, should be considered an alternative to or replacement of the information given to you by a licensed physician. You agree that it is prudent and recommended that you should consult a licensed physician before starting and throughout your participation in any weight loss program, including the 4Paws. 4Paws strongly urges you to seek such advice. You hereby assume all risks, including but not limited to risks to your health and safety, in connection with your participation in the 4Paws and/or your registration for, use of, or access to the Website. You agree, to the fullest extent allowable by law, to fully and completely waive any claim of liability you may now have or have in the future against 4Paws and its Affiliated Parties for any injury, illness, death, disability, or any other loss or damage resulting from, in connection with, or incidental to your registration for, use of, or access to the Website or your participation in the 4Paws or any part thereof.
ACCOUNT RESPONSIBILITY. In the event you register an account to use or access any portion of the Website, you agree to provide 4Paws with accurate and complete information about yourself ("Personal Data"). In the event your Personal Data is no longer accurate and complete, you also agree to promptly update your Personal Data so that it becomes accurate and complete. You agree not to assign, transfer, or sublicense your rights resulting from your registration for, use of, or access to the Website. It is and remains your sole responsibility to protect your account from unauthorized access. Steps you may take to protect your account include but are not limited to maintaining, keeping confidential, and safeguarding your account user name and password. You are solely responsible for any actions taken by you with respect to your account as well as actions taken by any person you authorize to access your account. You agree to indemnify 4Paws for any damages or losses incurred by 4Paws or any other person or entity resulting from your use of your account or the authorized or unauthorized use of or access to your account by any third party.
USER CONTENT. User content includes material provided to 4Paws in any form, including but not limited to text, photography, image(s), video(s), sound recording(s), information, data, statement(s) of fact, representation(s), and/or opinion(s), provided in any manner by you, by any third party at your direction or with your authorization, or provided by any third party who has accessed your account with or without authorization ("User Content").
You may only provide User Content that you own or have permission from its owner to provide. By providing User Content to 4Paws you represent and warrant that: (i) you own the User Content or have permission and authorization from the User Content's owner to provide the User Content; (ii) the User Content is complete, accurate, truthful, and not misleading; (iii) the User Content will not violate the rights of any third party including but not limited to rights in connection with copyright(s), trademark(s), trade secret(s), other proprietary right(s), right(s) of publicity, and right(s) of privacy; and (iii) the User Content does not violate any applicable local, state, national, or international law or regulation.
By providing User Content to 4Paws, you assign to 4Paws and its Affiliated Parties a perpetual, irrevocable, exclusive, and royalty-free worldwide right, including any moral right, to use the User Content in any manner and in any medium 4Paws and/or its Affiliated Parties see fit. You understand that by providing User Content to 4Paws you are relinquishing any ownership interest you previously had with respect to the User Content. You agree that 4Paws and/or its Affiliated Parties need not obtain further permission from or approval by you for any use(s) of the User Content, nor must 4Paws and/or its Affiliated Parties compensate you for their use(s), individually or collectively, of the User Content. You agree to indemnify 4Paws for any damages or losses incurred by 4Paws or any other person or entity resulting from your violation of these provisions.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
4Paws may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. 4Paws or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by 4Paws staff, 4Paws's outside contributors, or by users not connected with 4Paws, some of whom may employ anonymous user names. 4Paws expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of 4Paws or any of its subsidiaries or affiliates.
4Paws has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
RIGHTS OF PUBLICITY AND PRIVACY. You agree that 4Paws and its Affiliated Parties may use any User Content it receives in any way and in any medium it sees fit, including for advertising, promotion, and other commercial purposes. You hereby consent and irrevocably grant permission to 4Paws and its Affiliated Parties to use your name, image, personality, and likeness should it receive any of them as User Content. Accordingly, you hereby waive all rights and release 4Paws and its Affiliated Parties from, and shall not sue or bring any action or proceeding against 4Paws or its Affiliated Parties for, any claim, demand, or cause of action, whether known or unknown, for invasion of privacy, publicity, personality, or any related matter, defamation or similar causes of action, and any use(s) by 4Paws or its Affiliated Parties of your name, image, personality, and likeness for advertising, promotion, or commercial purposes. You further agree that neither 4Paws nor its Affiliated Parties needs to obtain further permission from or approval by you for any use(s) of the User Content, and neither 4Paws nor its Affiliated Parties must compensate you for their use(s), individually or collectively, of the User Content.
THIRD PARTY MATERIAL. Material includes but is not limited to any text, photography, image(s), video(s), sound recording(s), information, data, statement(s) of fact, representation(s), and/or opinion(s) provided by any third party to the Website ("Material"). 4Paws does not endorse nor is 4Paws responsible for any Material. 4Paws does not guarantee the accuracy or integrity of any Material. Your reliance upon any Material is solely your responsibility. You agree not to hold 4Paws or its Affiliated Parties liable for any perceived or actual damage or loss resulting from your reliance upon any Material. Additionally, certain links to third party web sites or information that may be included in or as part of the services are provided solely as a convenience to you. If you use these links, you will leave our Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by 4Paws of the third party, the third-party web site, or the information contained therein. 4Paws is not responsible for the availability of any such web sites. 4Paws is not responsible or liable for any such web site or the content thereon.
PROHIBITED ACTIVITIES. You agree not to undertake any of the following prohibited activities during or in connection with your registration for, use of, or access to the Website:
(i) Violating any applicable local, state, national, or international law or regulation;
(ii) Providing any content that is considered obscene, lewd, to contain nudity, sexually explicit, harassing, threatening, violent, abusive, or otherwise unlawful or objectionable;
(iii) Providing content that you do not own or have a right to provide;
(iv) Violating the rights of any third party, including but not limited to rights in connection with any copyright(s), trademark(s), trade secret(s), other proprietary right(s), right(s) of publicity, and privacy right(s);
(v) Representing to be any third party other than yourself;
(vi) Providing any information that is incomplete, inaccurate, false, or misleading;
(vii) Competing with 4Paws by advertising or soliciting business on the Website, or otherwise disrupting the business of 4Paws;
(viii) Transmitting any unsolicited or unauthorized content including advertising and promotional materials, spam, junk mail, viruses, chain letters, pyramid schemes, or other harmful content, computer code, files, programs, and the like;
(ix) Soliciting, collecting, or offering to solicit or collect the personal information of other users of the Website;
(x) Attempting to access or accessing another person or entity's account without that party's consent and permission;
(xi) Authorizing any person to use or access your account to undertake any action in violation of the Terms; or
(xii) Otherwise acting in a way that detrimentally affects the quality of another's use of or experience with the Website.
MONITORING. 4Paws may, at its sole discretion, monitor, review, edit, or delete any User Content or Material; but, 4Paws is under no obligation to do so. 4Paws assumes no liability for any User Content or Material. 4Paws will cooperate with law enforcement or a mandatory court order requiring or requesting 4Paws disclose the identity of any user or third party who provided User Content or Material in violation of the Terms. RESTRICTION AND TERMINATION. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive. LIMITATION OF LIABILITY AND INDEMNIFICATION. IN NO EVENT WILL 4Paws BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE. MATERIALS OR THE USER CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE USER CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, MATERIALS OR THE USER CONTENT, EVEN IF 4PAWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You agree to comply with the Terms. You also agree to indemnify, defend, and hold harmless 4Paws and its Affiliated Parties for your violation of the Terms, including but not limited to any claims, actions in equity, direct damages, indirect damages, incidental damages, special damages, consequential damages, punitive damages, and/or any other tangible or intangible loss resulting from or in connection with your violation of these Terms.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND 4Paws MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
DISCLAIMERS AND WARRANTIES. The products, services, information, and data provided by 4Paws and its Affiliated Parties on the Website or otherwise ("Products") are provided "AS IS," without warranties of any kind, either express or implied. 4Paws expressly disclaims any representations and warranties, express or implied, including but not limited to implied warranties, such as those for fitness for a particular purpose and merchantability. 4Paws and its Affiliated Parties make no representations or warranties regarding the use, results from the use, accuracy, reliability, security, and/or safety of the Products. Any of the Products obtained or used by you through your registration for, use of, or access to the Website is at your sole risk and you will be solely responsible for any damage or loss to you, your computer system, your data, and/or any third party resulting from your obtainment or use of any of the Products.
All disputes shall be governed by and construed in accordance with the laws of the State of Indiana and any dispute shall be subject to binding arbitration in Carmel, Indiana.
CLASS ACTION WAIVER
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
ATTORNEY'S FEES. Each party shall bear its own costs and attorneys' fees incurred in discussions regarding the parties leading up to and including the preparation of the Terms or a modification of the Terms. If, however, any action at law or in equity is brought to enforce or interpret the provisions of the Terms, the prevailing party in such action shall be entitled to recovery of reasonable attorneys' fees and costs.
ENTIRE AGREEMENT. The Terms sets forth the entire agreement between the parties and supersede any and all prior and contemporaneous oral or written agreements or understandings between the parties in connection with the subject matter of the Terms. No representation, promise, inducement, or statement of intention has been made by any party that is not embodied in the Terms. The Terms may be modified only by 4Paws, or by written agreement of both parties.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by 4Paws infringe your copyright, you, or your agent may send to 4Paws a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon 4Paws actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to 4Paws a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. 4Paws's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@4Paws
BINDING EFFECT. The Terms shall be binding on and inure to the benefit of the parties hereto. Each party will have all of the rights and remedies available at law and in equity to enforce its respective rights under the Terms. Should any provision of the Terms be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of the Terms. In such event, the parties agree that the court may impose any lesser restrictions it considers appropriate to protect the interests of the parties, as may be applicable.
HEADINGS. The headings used in the Terms are for convenience only. The headings in no way limit the scope of the Terms, and they have no legal effect.
If you do not agree with and accept the Terms, then you may NOT register for, use, or access the Website. If you have any questions regarding the Terms please contact us via the form on the contact us page.