RichmondPetLovers.com Terms & Conditions Agreement
Please read through these terms and conditions ("the Agreement") carefully. By accessing RichmondPetLovers.com (the "Site") or by otherwise accessing any content, software, products or services available through the Site ("the Content"), you are deemed to have entered into an agreement with Strategic Ranking, LLC, doing business as RichmondPetLovers.com and to have agreed to be bound by the Terms set out below. The Site is owned and operated by Strategic Ranking, LLC, a Virginia limited liability company.
2. Binding Nature.
We strongly recommend that, as you read this Agreement, you also access and read the information referred to in this document, as it may contain further terms and conditions that apply to you as a RichmondPetLovers.com user. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services on our Site.
Our Site and services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18), unless they are using the Site with the authorization and assistance of their parent or guardian.
4. Services – General.
Our site is a venue for greater Richmond, Virginia area pet owners to interact with other pet owners and to access and receive information on topics, events, services, products, and advertisers of interest to pet owners. Our sole source of revenue is fees we earn from advertising businesses and service providers on the Site. Consequently, you enjoy the benefits of our Site and services for no cost. We do not become involved in the actual transaction between users and advertisers or businesses that are displayed on our Web Site, we do not control the quality, safety or legality of the transaction, nor can we determine the truth or accuracy of the advertisements, the ability of advertisers or businesses to sell items or perform services, or the ability of users to purchase items or services and are not liable for any of the foregoing. We also do not guarantee that any transaction will be completed.
5. Restricted Activities.
You agree to use the Web Site only to view content and participate in the Services as allowed by RichmondPetLovers.com. Users of the Site shall not:
- Upload, post, send or receive any content, or otherwise use the Web Site, in violation of any applicable law or regulation.
- Upload, post, send or receive any content, or otherwise use the Web Site in a manner or way that infringes, or may infringe, the copyright, trademark, trade secret or other intellectual property rights of others, or that violates the privacy, publicity or other personal rights of others.
- Upload, post, send or receive any content or information of any kind that is or may be defamatory, obscene, indecent, sexually explicit, threatening, abusive, hateful, harassing or embarrassing to another user or to any other person or entity.
- Upload, post, send or receive any incomplete, false, inaccurate or misleading information.
- Impersonate another person or business.
- Send unsolicited e-mail, including promotions and/or advertising of products or services.
- Attempt to interfere with service to any user, host or network, including, without limitation, by means of uploading, posting or sending any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or information, including by overloading, "flooding," "spamming," "mailbombing" or "crashing” it.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
- Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
- Disclose or share your password, if you have one, with any third party or use your password for any unauthorized or illegal purpose.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Site.
- Access any content not intended for your use or to log into a server or account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Actions that contravene these prohibitions or that otherwise compromise the security of the Site or the RichmondPetLovers.com.’s system or network may result in civil or criminal liability. RichmondPetLovers.com will investigate suspected compromises of its security, may take any action it deems necessary or appropriate in response to any contravention of these prohibitions or in response to security compromises, and may cooperate with law enforcement authorities in prosecuting users who are involved in such compromises and/or violations.
6. Links to Third Party Sites.
There may be links established between this Site and other sites on the Internet, which are not under the control of, or maintained by, RichmondPetLovers.com. Such links do not necessarily constitute an endorsement by RichmondPetLovers.com of those sites. RichmondPetLovers.com undertakes no obligation to monitor such sites, and you agree that RichmondPetLovers.com is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, links or usage.
Without limiting other remedies, we may limit your activity, immediately remove your directory listings, postings and all other material for which we believe, in our sole discretion, you are the source, warn our community of your actions, issue a warning, and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this Agreement at any time, with or without cause.
8. Copyright and Intellectual Property.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that material posted on our Site constitutes copyright infringement of your work(s), you may provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. RichmondPetLovers.com.’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Strategic Ranking, LLC, Attn: Mary E. Archer, Copyright Agent, 7109 Staples Mill Rd., #289, Richmond, VA 23228.
9. Business, Service, Events, and Classified Directory Listings.
RichmondPetLovers.com offers a directory (“Directory”) on the Site which will display businesses, services, events and classifieds of interest to Site visitors. Users of the Site may submit listings for display in this directory, although there is no guarantee by RichmondPetLovers.com that all listings will be included or displayed and RichmondPetLovers.com reserves the right to edit and/or remove listings for any or no reason without notice. RichmondPetLovers.com will not knowingly post pets for sale classified ads. Classified ads for FREE pet adoptions, FREE pets, foster pet parents, etc. are encouraged. These Directory listings may or may not be subject to user fees; depending on the level and type of listing. Users that submit a listing for display in the Directory are responsible for any payment fees up front, before the listing is displayed on the Site.
10. Articles Directory.
RichmondPetLovers.com offers an articles directory ("Articles Directory") on the Site which will display articles of interest to Site visitors. Users of the Site may submit articles for display in the Articles Directory, although there is no guarantee by RichmondPetLovers.com that all articles will be included or displayed and RichmondPetLovers.com reserves the right to remove articles for any or no reason without notice. Users that submit an article for display in the Articles Directory understand and agree that they will not be paid for their submission and give RichmondPetLovers.com the right to display the article on the Site and to grant other publishers the right to republish the article with proper attribution.
Publishers may reprint or republish articles from the Article Directory with proper attribution of the source of the article (Article Source: RichmondPetLovers.com with link to http://www.RichmondPetLovers.com) and the author's copyright information. Publishers agree that they shall not sell or resell any article from the Site, whether individually or compiled with other articles; shall not edit or change the article in any manner; shall not use the article in a manner that violates any law or regulation; shall not obscure or disable proper attribution or hyperlink within an article; and shall remove articles promptly upon request from RichmondPetLovers.com.
11. Control Over Changes.
RichmondPetLovers.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the services following RichmondPetLovers.com posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the services or this Site.
13. No Warranty.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES OFFERED WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PROVIDERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT PROVIDERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF RICHMONDPETLOVERS.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RICHMONDPETLOVERS.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES.
14. General Release.
BECAUSE RICHMONDPETLOVERS.COM IS, IN PART, A VENUE FOR INTERACTIONS BETWEEN USERS AND ADVERTISERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS OR BETWEEN A USER AND AN ADVERTISER, EACH OF YOU RELEASE RICHMONDPETLOVERS.COM, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY RICHMONDPETLOVERS.COM.
15. Limitation of Liability.
IN NO EVENT SHALL RICHMONDPETLOVERS.COM, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF RICHMONDPETLOVERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.
17. Dispute Resolution.
You agree that you will provide RichmondPetLovers.com with thirty (30) days’ notice of a claim asserted against us. We will then elect within thirty 30 days of receipt of such notice, and also again at our option within ten (10) days of service on us of any legal process initiating an arbitration or litigation, whether to arbitrate the controversy or claim arising out of or relating to this Agreement and/or your use of the Site. Any such arbitration will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Each such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Henrico County, Virginia, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. RichmondPetLovers.com.com may elect the remedy of resolving the dispute outside of binding arbitration by declining to initiate or participate in such arbitration. If such an election of remedy is made, either expressly or by failure to elect to proceed with arbitration, and under every other circumstance in which legal action is initiated, the sole and exclusive jurisdiction and venue for a legal action shall be in the state or federal courts located in Glen Allen, Virginia, USA.
RichmondPetLovers.com grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the services (other than the transactions contemplated in accordance with this Agreement), making any derivative work of the Site or the services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. You also agree that you will not communicate to any other member for any purpose other than for the intended purpose of our site.
19. General Provisions.
This is the entire Agreement. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed exclusively in accordance with, the laws of the Commonwealth of Virginia, USA, without regard to that state’s conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of RichmondPetLovers.com in accordance with applicable law and the remainder of the Agreement shall remain in force. All notices and other communications provided for herein shall be in writing and delivered to each party at the address set forth in this document, or as updated from time to time by the parties in writing. The parties to this Agreement are independent entities and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and no party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties. No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties. The provisions of this Agreement are not for the benefit of any third party. Provisions of this Agreement that are intended to survive this Agreement shall survive.
Except as explicitly stated otherwise, all notices to RichmondPetLovers.com shall be given by overnight and postal mail to Strategic Ranking, LLC, Attn: Legal Department, 7109 Staples Mill Rd., #289, Richmond, VA 23228 (in the case of RichmondPetLovers.com) or to the email address you provide to RichmondPetLovers.com during the registration process, if you have registered with the Site (in your case). Notice shall be deemed given 24 hours after an email is sent to you based upon the email address contained in your registration records, if one exists, whether or not the email address is valid.