Last Modified: September 20, 2018
- Your Acceptance.
- Disclaimer of Warranties.
You expressly agree that your use of the App is at your sole risk. The App is provided on an 'as is' and 'as available' basis. Company and our members, managers, officers, joint venturers, employees, as well as its third-party agents, contractors, distributors, merchants, or sponsors (collectively, "Company Third-Parties"), cannot and do not warrant that your use of the App will be uninterrupted, secure or error-free. Neither we nor Company Third-Parties have any responsibility for your action or inaction in connection with the App or for any damage to your device or data or any other damage you may incur in connection with your use of the App. Neither we nor the Company Third-Parties warrant the accuracy, integrity, or completeness of the content provided on the App, or the products or services listed or referenced thereon. We and the Company Third-Parties specifically disclaim all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, title, and non- infringement. No oral or written information or advice given by us or the Company Third-Parties shall create a warranty, except where the exclusion or limitation of certain warranties is prohibited by law.
- User Information and Accounts.
- Mobile Notifications.
Based on the functionality of the App or your preferences, we may send you mobile notifications or alerts ("Notifications"). The number of Notifications received will vary by alert type and also depends on your location and the settings you choose. You acknowledge and agree that the App may send you Notifications related to limited time offers available online and/or at nearby Petland retail stores, pet and/or product arrivals, geofencing Notifications, and availability, tips, reminders, and alerts and the operation of the App. Please be aware that the App along with any Notifications may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to your geo-location when using the App, the functionality of your mobile provider network, your settings and messaging preferences, and restrictions set by your mobile provider to your account. Neither Company nor its third-party service providers guarantee Notification delivery, completeness, accuracy, or timeliness. Neither Company nor its third-party service providers are responsible for Notifications that are lost or misdirected. If you wish to opt out of any Notifications please adjust your device or browser settings accordingly, or contact us at firstname.lastname@example.org for assistance.
- App Disclaimer.
All content found on and within the App is intended for informational and educational purposes only and offered "as is" without warranty. The App may offer suggestions for pets, products, or services that you may be interested in, which may be presented in the form of quiz results or otherwise. Such suggestions are not intended to, and do not, constitute Company's recommendations or endorsements. Additionally, the App offers users the ability to create customized pet adoption wish lists and you acknowledge that such wish lists do not necessarily represent pets available for adoption, as availability is subject to change. The accuracy of pets listed within the pet wish list section of the App is not guaranteed. Occasionally there may be content on the App that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, content, alerts, pricing, availability, and other information. The pricing, offers, and selections displayed within the App may not match vary between Petland, Inc. retail stores, and are subject to change.
- Pricing, Availability, and In-Store Appointments.
ALL PRICES, PROMOTIONS, AND OFFERS DISPLAYED WITHIN THE APP MAY DIFFER FROM THOSE PRICES, PROMOTIONS, AND OFFERS DISPLAYED IN PETLAND, INC. RETAIL STORES OR ON ANY PETLAND, INC. WEBSITE. Coupons, rewards, and other promotions may only be valid at one particular Petland, Inc. retail store and may not be redeemable at any other Petland, Inc. retail location or otherwise redeemable. All pets, products, services, and offers listed within the App are subject to availability by Petland, Inc. and the applicable Petland, Inc. store, and we reserve the right to impose quantity limits on any scannable coupon vouchers, promotional items, pet wish lists, and appointment scheduling (all aforementioned items advertised collectively referred to as the "Offerings"), to reject all or part of any of the foregoing, to discontinue certain Offerings and to substitute Offerings without prior notice. All prices are shown in U.S. dollars, and taxes, shipping and handling charges (if any) are additional.
- Financing Disclaimer.
The App may provide links which allow you to review the terms of and apply for various financing options available for the purchase of certain pets, products, and/or services offered by Petland, Inc. Company is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any such financing options or procedure(s) and expressly disclaims any and all liability which may arise therefrom, whether arising directly or indirectly. Nothing in this Agreement shall be construed as creating any obligation or liability on Company or any of the Company Third-Parties to fulfill any representation, undertaking or agreement other than as expressly provided in this Agreement.
- Access and License Grant to You.
After registering for our App, where required, we grant you a personal, non-commercial, non-exclusive, revocable, limited license to download one copy of our App onto any mobile device. You may share this license and access with other persons, but you are solely responsible for their actions. As a user, you do not receive any ownership interest in any portion of the App; you merely receive the aforementioned revocable license or access listed above. The App is licensed, not sold to you. Except as expressly granted by this Agreement or otherwise by Company in writing, you acquire no right, title, or license in the App or any data, software, content, application, or materials accessed from or incorporated within the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions, or enhancements to the App developed by Company or its supplier or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. If provided by Company, App updates may be delivered automatically or you may be notified when a new update is ready to be installed, or we make such updates available for download. Company may, but has no obligation, to provide App updates and support. You authorize Company to deliver automatically any App update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of all App updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install, or use a new or modified version of the App. Your license or access to the App is subject to the following requirements:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, translate, lease, loan, distribute, or create derivative works or improvements to the App or any portion of it for any reason whatsoever.
- You may not violate or infringe the intellectual property, privacy, or other rights of any third-party while using the App.
- You must preserve all copyright and other proprietary rights on the App and all copies thereof.
- You may not violate any laws, rules, or procedures of the United States or other countries as applicable while using the App.
- You may not violate any of Company's additional policies.
- You may not use our App except through specific channels provided by us.
- You may not use the App on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not sell, lease, loan, distribute, transfer, host, outsource, disclose, sublicense, or otherwise commercially exploit the App or make the App available to any third-party.Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license or your access to use our App at our discretion. Additionally, we may revoke your license or restrict your access to our App if we believe that your actions may harm us or any of our users. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.
- Use of the App.
When using our App, you are solely responsible for your use of the App, including any purchasing decisions you decide to make. When using our App you agree to the following:
- You may not copy, distribute or disclose any part of the App in any medium, including without limitation by any automated or non-automated "scraping;"
- You may not systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission, which may be unreasonably withheld;
- You may not use the App for any data mining or similar data gathering and/or extraction purposes;
- You may not make any unauthorized use of the App, including collecting user data or App data by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- You may not use the App in any ways that are unlawful;
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App;
- You may not circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or content contained therein;
- You may not engage in unauthorized framing or linking to the App;
- You may not trick, defraud, mislead us and/or other App users, especially in an attempt to learn account access and/or personal information;
- You may not make improper use of our support services or submit false reports of errors, abuse, or misconduct;
- You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the App or to extract data;
- You may not use automated bots or other software to send more messages through our App than humanly possible;
- You may not access our App in an attempt to build a similar or other competitive product or service;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You may not use the App in any way that is: misleading, unlawful, defamatory, obscene, invasive, or threatening;
- You may not use the App to stalk, harass, bully, or harm another individual;
- You may not violate any requirements, procedures, policies or regulations of networks connected to the App and/or Company;
- You may not interfere with or disrupt the App;
- You may not disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;
- You agree that you will not hold Company responsible for your use of our App and your customers' use of the App;
- You may not use the App in a manner inconsistent with any applicable laws or regulations; and
- You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our App, including the de- indexing or de-caching of any portion of our App from a thirty party's website, such as by requesting its removal from a search engine.If you are discovered to be undertaking any of the aforementioned actions your privileges to use our App may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our App, but we reserve the right to suspend or terminate any account at any time without notice or explanation.
- User Content.
Your ability to submit or transmit any information through the App, including but not limited to pet wish lists, links, data, information, images, references, or any other information will be referred to as "User Content" throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our App but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the App may be modified, edited, or removed at our discretion. Furthermore, you represent and warrant that you have the right to submit any User Content, all User Content is legal, and the User Content does not interfere with any third-party rights or obligations. When you submit any User Content to us, you grant Company, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the App. Additionally, you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the App any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of our App.
- Monitoring User Content.
Company shall have the right, but not the obligation, to monitor all User Content on the App at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Company shall have the right, but not the obligation, to remove any User Content that Company within Company's sole and complete discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content.
- Social Content.
The App may contain links that enable you to post written, graphical, hyperlink, audio, video, and/or audiovisual content on various social media accounts owned by Petland, Inc., Petland, Inc. franchisees, and/or ISEA Media (all such social media accounts referred to as the "Petland Social Media Accounts"). By: (1) posting on any Petland Social Media Accounts, or (2) submitting a review within the App in any variation of punctuation or capitalization, you hereby agree to the following:
- Use of name, handle, text, photo, video, and likeness. You hereby grant Petland, Inc., Petland, Inc. franchisees, and Company, their subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use your name and/or handle, image and likeness, text, photograph, and video you are posting to social media platforms including but not limited to SnapChat, Pinterest, Twitter , Facebook, and Instagram (collectively, the "Content") within the App or on any Petland Social Media Accounts. You agree that the Content may be distributed, published, exhibited, or digitized, displayed, reproduced, and otherwise used, within the App, www.petland.com, any website, and any Petland Social Media Account at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. You agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and you irrevocably waive any and all so-called moral rights you may have in the Content.
- Takedown. If you want any Content removed from the App or any website, you understand it may take up to 30 days. To initiate the process, you will send an email message to email@example.com with the subject line "Content Removal." In the body of the email I will include (a) Name, (b) Address, (c) Phone Number, (d) a screen shot of the content you want removed, (e) the complete web address or location the content was displayed on, (f) the date the content was seen, and (g) a brief description of why the content needs to be removed.
- Your Representations and Warranties. You represent and warrant as follows: (a) you have the right to post the Content; (b) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Content does not contain any content that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, or otherwise depicts inappropriate behavior. You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any Content or any breach or alleged breach of any of your warranties, representations or agreements hereunder.
- No obligation to use. You understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the App or other website at any time for any reason in the Permitted Parties' sole discretion. You further understand and agree that the Permitted Parties will not use any Content or other materials they find inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous, or that the Permitted Parties believe may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
- Limitations Regarding Information, Articles, and Advice.
The App may offer or link to information, articles, and advice to pet for educational purposes only. Any information offered through or linked to on the App is not intended to diagnose, treat, or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, call or visit a licensed veterinarian or animal hospital.
- App Availability.
Although we try to provide continuous availability to you, we do not guarantee that the App will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the App. You agree and acknowledge that the App uses remote access and may not always be either 100% reliable or available. We cannot guarantee that the App will work to the functionality desired by you or give you any desired results when using the App independently or when paired with a third-party product.
- Modification of App.
We reserve the right to alter, modify, update, or remove our App at any time. We may conduct such modifications to our App for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to modify App features and functionalities, fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal, or other purposes.
- Guidelines for Reviews.
We may provide you areas within the App to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not represent our opinions or the views of any of Company or Company Third-Parties. Neither we nor any Company Third-Parties assume any liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review within the App, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
- Intellectual Property.
The name "Petland App", the mobile application, along with the design of the App and any text, writings, images, videos, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. For clarity, all breeder videos displayed within App are the exclusive property of Company. Company reserves all rights not expressly granted in and to the App. You agree to not engage in the use, copying, or distribution anything contained within the App unless we have given express written permission.
- Idea Submission.
Company or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to Company. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company's products might seem similar to ideas you submitted to Company. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Company, without any compensation to you; (2) Company may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Company to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE APP IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, NOR ANY OF OUR MEMBERS, EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, JOINT VENTURERS, ASSIGNS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE APP; (2) ANY INFORMATION PROVIDED VIA THE APP; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY, OR VIA THE APP. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APP IS ACCURATE, COMPLETE, OR USEFUL. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
- Limitation of Liability.
IN NO EVENT SHALL COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, JOINT VENTURERS, CONTRACTORS, AGENTS, OR PETLAND, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) YOUR USE OR INABILITY TO USE THE APP OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE APP, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP VIA A THIRD-PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (6) COMPANY'S USE AND/OR DISPLAY OF THIRD-PARTY TRADEMARKS, BRANDING, AND OTHER GRAPHICAL, AUDIO, OR AUDIOVISUAL CONTENT, OR (7) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD-PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY COMPANY'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. SPECIFICALLY, FOR NEW JERSEY RESIDENTS OUR LIABILITY IS THE LOWEST PERMITTED UNDER NEW JERSEY LAW. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED ($100) US DOLLARS.
You hereby agree to defend, indemnify and hold harmless Company, its members, officers, directors, employees, joint venturers, contractors, agents, and Petland, Inc., from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the App;
- your violation of any third-party right, including without limitation any copyright, property, or contractual right.This defense and indemnification obligation will survive this Agreement and your use of the App. You also agree that you have a duty to defend Company against such claims and Company may require you to pay for an attorney(s) of Company's choice in such cases. You agree that this indemnity extends to requiring you to pay for Company's reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Company may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your full legal name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our App of the infringing content.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third-party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.You must sign this notification and send it to us at firstname.lastname@example.org.
- Choice of Law.
This Agreement shall be governed by the laws in force in the state of Pennsylvania. The offer and acceptance of this contract is deemed to have occurred in the state of Pennsylvania.
Any dispute relating in any way to your use of the App or your relationship with us shall be submitted to confidential arbitration in Lehigh County, Pennsylvania. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules ("Rules") then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Company may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the App or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned (waiver does not apply to New Jersey residents). Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Lehigh County, Pennsylvania.
- Class Action Waiver.
You and Company agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of Pennsylvania.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Company are deemed to conflict with each other's operation, Company shall have the sole right to elect which provision remains in force.
- Non-Waiver by Company.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
- Assignment and Survival.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion without prior notice given to you. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
You may terminate this Agreement by uninstalling the App or by contacting us at email@example.com. Please be aware that upon termination of your account, access to portions of our App may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our App; (2) if you have violated this Agreement or any of our App policies; or (3) if we believe that any of your actions may legally harm our Company, the App, or our business interests, at our sole decision or discretion. In the event of termination, we may provide you with an explanation; however, we are not required to do so.
- Entire Agreement.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our App and we shall terminate our Agreement with you.
- Electronic Communications.
The communications between you and Company use electronic means, whether you visit the App or send Company e-mails, or whether Company posts notices on the App or communications with you via mobile notifications or e-mail. You consent to receive electronic communications from Company. For contractual purposes, you: (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
- Export Controls.
The App and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported: (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the App, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
This Agreement is entered solely into between you and Company, owner and operator of the App. Furthermore, Company is not, and has never been, an affiliate of Petland, Inc. and does not own, directly or indirectly, alone or with affiliates, any ownership, economic interest, and/or managerial interest in Petland, Inc. The official Petland, Inc. website can be found at http://www.petland.com/. Although the App may be available for download in the Google Play Store ("Google") or the iTunes Store ("Apple"), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the App. Company is solely responsible for the App and the content thereof as set forth hereunder. However, Google and Apple are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are "the end-user." In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
- Third-Party Links.
- Data Rates.
You will be able to access the App through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.
- California Users.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to firstname.lastname@example.org. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
Last Modified: March 7, 2019
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or otherwise anonymized.
Personal Information Collected Voluntarily Provided
Personal Information Automatically Collected
Whenever you use our App, we may collect non-identifying information from you, such as your IP address, interactions with the App, query information, location information, information relating to your interaction with and proximity to Petland, Inc. retail stores (used for geofencing purposes), pricing data, research history, location and GPS information, referring URL, browser, application interaction, mobile provider information, operating system, data usage, data transferred, and Internet Service Provider.
We ask you to share your location information from your mobile device and/or computer. If you choose not to, the App will not function properly. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. Location information is used to make relevant notifications available to you and to study location data with respect to proximity to and interaction with various Petland, Inc. retail stores. You can revoke your consent by changing the settings or preferences on your device and/or computer or by deleting the App from your device.
Cookies are small data file identifiers that are transferred to your computer that allow us to recognize your browser and transfer information about you and your use of our App. For example, cookies that we use tell us information about how you use the App. We use "persistent" cookies to save your login information for future logins to the App. We also use "session ID" cookies to enable certain features of the App, to better understand how you interact with the App, and to monitor aggregate usage by users and web traffic routing on the App. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from our Sites. If you do not accept cookies, you may not be able to use all portions of the Services or all functionality of the Services.
Please be aware that we me may collect and aggregate personal information from our App and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.
Sharing and Use of Your Information
This section explains how we plan on sharing and using your personal information. You consent to our use of your personal information for the following purposes:
Contract Administration. We may use your personal information to: (1) negotiate, execute, renew and/or manage a contract with you; (2) process billing, quotes, license requests, or other information transactions and payments related thereto; and/or (3) communicate with you in respect of the above (including sending legal notifications).
Access and Communications to Our App and Services. We may use your personal information to: (1) set-up and manage your App account; (2) interact with you through the App (e.g. software updates, App announcements, Petland, Inc. limited time offers, etc.): and/or (3) manage and respond to your questions (e.g. technical, commercial or administrative) or requests for maintenance and support.
Use of the App. We may use your personal information to: (1) enable you to enjoy the use of, and easily navigate the App; and/or (2) better understand your needs and interests. The legal basis is Art. 6(1)(f) of the EU General Data Protection Regulation ("GDPR").
Sharing with Third Parties. We may use your personal information to share with our partner companies or future affiliates for research, marketing, and other purposes. We may also share your information service providers with whom we contract with such as contractors, web hosts, data providers and others so that we may provide you any services and allow you to access the App.
Allowing Downloads from the App. We may use your Personal Information to allow you download data or content from the App.
Training and Improvements. We may use your personal information to: (1) train our employees, joint venturers, contractors, or customers to allow for a better App experience; and/or (2) improve the App.
Direct Marketing and Inquiries. We may use your personal information to contact you for additional products and services that you may be interested in or to respond to an inquiry.
Information Third-Parties Provide About You. We may receive information from other businesses or users about you. For example, when other users submit a company inquiry or create a company profile they may include your information in such an inquiry.
Geo-fencing. We or our service providers may deliver ads to your device when you are in certain geographic locations. This type of targeted advertising is referred to as "geo-fencing" or "geo-targeting." Geo-fencing works by placing a "fence" around a certain geographic ("geo") location. For example, we or one of our service providers could create a 2 square mile "fence" around a retail store. When you go inside that fence or target area, we or our service providers may serve you specific ads based on you being in that target area. In the case of the store example, you may, for example, be served ads about the store or an exclusive offer available at that store. With geo-fencing we do not continuously, periodically, or intermittently track your precise location. The geo location of your device will, however, be provided to us or one of our service partners when you enter the target area, and we may also be provided other non-personally identifiable information. Geo-fencing monitors an area and sends notifications either to an app you have on your mobile device or directly to us or our service providers when the boundary is crossed, either in or out. Those apps use this location information to process status updates only if you have geo-location enabled on your mobile device. We will not target you with ads based on your geo-location unless we believe you have provided consent to do so. If you want to limit or prevent location data from being collected from your device you can adjust this capability through your mobile device settings. Please refer to your applicable device settings for instructions on how to manage your location settings.
Segments. We use the information we acquire from the App to deliver ads to the most relevant recipients. For example, we may use personally identifiable information and non-personally identifiable information to develop audience segments, or groupings of individuals with common interests or characteristics, and deliver ads to the individuals within a segment, or to the websites frequented by users of a particular segment, that we determine are relevant to that segment. So, for example, if you are a student, we may deliver ads for school course offerings or financial aid. Segments may be based on demographic characteristics such as age and gender, geographic area, and other categories derived from various information, including information provided within the App.
Retention of Personal Information
We will only retain your Personal Information for as long as required. We will keep your personal information:
- For any legally required duration.
- Until we no longer have a valid reason to keep or use your personal information. We retain the personal information we collect for so long as reasonably necessary to fulfill the purposes for which the information was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.
- Until we receive a request to eliminate, delete, or modify any of your personal information stored with us.
Legal Basis for Processing Information
Your information collected through the App may be stored and processed in the United States, Canada, or any other country in which Company or its subsidiaries, affiliates, or service providers maintain facilities. We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third-parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. We process and use your personal information, where required by law, for the following purposes:
- consistent with your consent, which you can revoke at any time;
- as necessary to comply with our legal obligations;
- ccasionally to protect your vital interests, or those of others;
- as necessary in the public interest; and
- as necessary for our (or others') legitimate interests, including our interests in providing a safe and profitable services to our users and partners.
Accessing and Editing Your Information
When using our App you may be able to access and edit some of your personal information via the App settings. If at any time, you have any questions or wish to review, change, or edit any additional personal information collected by us, please contact us at email@example.com.
Google Maps Integration
The App uses Google Maps APIs for the purpose of providing better service. By using our Google Maps API implementation, you agree to be bound by Google's Terms of Service, available here. You agree to allow us to obtain or cache your location. You may revoke your consent at anytime. We use information about location in conjunction with data from other providers.
Removal of Information
If you wish to have any of your personal information stored within the App removed, please contact us at firstname.lastname@example.org. Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in removing any personal information requested.
You may make a removal request by email at email@example.com. If you require additional details regarding the deletion or retention of your personal information please contact us. All removal or deletion requests are subject to Section 6 and subject to any applicable laws. Additionally, we will retain and use your personal information (even after a removal or deletion request), where required, so that we may fulfill our legal obligations, resolve disputes, and enforce our agreements.
Opting Out and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and email where you have consented. However, you may opt out of any communications and you may opt out of certain personal information submission where applicable. If you wish to opt out of certain communications or information collection, please contact us at firstname.lastname@example.org.
We currently do not offer website functionality for you to opt out of any "do not track" signals or listings.
We make reasonable attempts to protect your information by using physical and electronic safeguards in accordance with industry standards. However, as the App is hosted electronically we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, robust passwords, firewalls, and other precautions to protect yourself from security and privacy threats.
Your California Privacy Rights
We intend to fully comply with American and international laws respecting children's privacy. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 you are prohibited from accessing the App.
Transfer of Your Information to the United States
Please be aware that if you are located outside of the United States, your personal information shall be transferred and processed in the United States. These data transfers are necessary to provide the App to you. Where we transfer your Personal Information outside of the EEA we may utilize standard contract clauses, the Swiss-US Privacy Shield, and other data protection mechanisms approved by the European Commission.
Merger and Acquisition
In the event that Company is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your personal information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
If you have any additional questions, please contact us at: ISEA Media, email@example.com or at ISEA Media at 1874 Catasauqua Road, #248 Allentown, PA 18109.
Last Modified: September 20, 2018
What Are Cookies?
We may use the following cookies:
- Strictly Necessary Cookies. These are cookies that are required for the operation of the App, such as to enable you to log into secure areas and access different features.
- Performance Cookies. These cookies recognize and count the number of App users and to track user navigation and App interaction/behavior. This information is used to improve the way the App functions.
- Functionality Cookies. These cookies recognize when you return to a website or App, enable personalized content and recognize and remember your preferences.
- Targeting Cookies. These cookies record your visit to a website or App, including the individual pages visited and the links followed.
- Third-Party Cookies. Some of the persistent and session cookies used by our App may be set by us, and some are set by third-parties who are delivering services on our behalf. For example, we use Google Analytics to track what users do on the App so we can improve the design and functionality.
Generally, the strictly necessary cookies and some performance and functionality cookies only last for the duration of your visit to a website or expire when you close an App: these are known as 'session cookies'. The functionality cookies and some targeting and performance cookies will last for a longer period of time: these are known as 'persistent cookies.' We use session and persistent cookies for the following reasons:
When you use the App, you may also receive cookies from third-parties. The information collected by such third-party cookies is governed by their privacy policies. We use third-party cookies for the following reasons:
- To allow our business partners to perform analytics and collect information and serve you advertisements.
- To share information with third parties to gain insights and marketing information based on how you use our App.
- To provide to social networks to better understand how users interact through the Internet.
- To optimize the App's geofencing, GPS-based, and geolocation-based data.
- To remember your user preferences and logins.
The following is a list of companies whose cookies we use:
- Petkey and Pinogy pet tracking management systems
Lawful Basis for Cookies Used
Opting Out of and Blocking Cookies
The cookies we use are designed to optimize your experience using our App, if you do not wish to receive cookies, most online browsers and custom device settings allow you to change your cookie settings. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or device. To block Android ID on your Android device, you should follow this path: Google Settings > Ads and then turn on 'Opt out of interest-based ads'. To block the IDFA on your iOS mobile device, you should follow this path: Settings > General > About > Advertising and then turn on 'Limit Ad Tracking'. Please note however, that (as with other websites and apps) by blocking or deleting cookies used on our website or App you may not be able to take full advantage of our App. Opting out of any Internet-based advertising will only work for the browser you are currently using, any additional browsers or devices with which you access our App must be opted out of separately. Some opt outs may only work if your browser accepts cookies. If you delete cookies, change your browser settings, switch browsers or computers, or use another device you may be required to opt out again.
If you wish to limit third-party advertising cookies, you may be able to turn cookies off by visiting the following links:
Alternatively, you may wish to visit www.aboutcookies.org, which contains comprehensive information regarding the management of cookies on your browser.
We may also use other online services to track your behavior, geolocation, and usage on our App. We use Google Analytics to help us measure traffic and usage trends for our App. Additionally, Google Analytics helps us understand more about the demographics of our users. You can learn more about Google's practices at https://policies.google.com/privacy/partners, and you may opt-out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
Coupon Policy for Petland App
Last Modified: October 4, 2018
- Petland, Inc. and the management of any Petland, Inc. franchise store location have the right to do any of the following:
- Accept, decline, or limit the use of any e-Coupon(s).
- Limit the quantity of e-Coupons and/or items purchased in a single transaction, by a single customer, at a particular Petland store, or in a single day.
- Your use of any e-Coupon is subject to all of the following limitations:
- E-Coupons must be presented in-person at the proper Petland store location (as stated on the e-Coupon) at the time of purchase.
- Under no circumstances shall any e-Coupon be redeemable for cash, gift card, or in-store credit, nor may any e-Coupon be applied to a previous purchase.
- Upon changing the location of the Petland store designated as your "preferred location" within the Petland App, you shall be prohibited from redeeming any e-Coupons associated with the Petland store previously designated as your "preferred location, along with any Petland store other than the store designated as your "preferred location." No attempts to circumvent the aforementioned "preferred location" rule will be tolerated by Petland.
- E-Coupon offers cannot be combined with any other e-Coupon, coupon, promotion, or discount.
- Only one e-Coupon may be used per customer per day, regardless of which Petland store redeemed at.
- In order to be redeemed, the e-Coupon must be presented in-person at the applicable Petland store at the time of redemption.
- Under no circumstances shall any e-Coupon be redeemable after the stated expiration date.
- Any e-Coupon pertaining to free giveaways are only valid while supplies last on in-stock items only.
- E-Coupons may not be accepted by any Petland stores which are participating in liquidation sales or closing.
- The e-Coupon shall be void if counterfeit, copied, auctioned, transferred, sold, blurry, out of proportion, does not scan properly, or appears to be altered in any way.
- E-Coupons may not be used by Petland employees or in connection with any Petland employee discount.
- Petland and all Petland stores will not honor or match any competitor coupon, offer, or promotion.
- E-Coupons will not be refunded or re-activated upon any return, refund, or exchange.
- E-Coupons advertising a percentage discount off of your Petland purchase price: (i) are for in-store offers only; (ii) do not apply to the purchase of any puppies or animals (including all birds, reptiles, and live pets of every kind); (iii) do not apply to any gift cards or applicable taxes.
- E-Coupons advertising a 'buy one get one free' or 'buy one get one discounted' offers require that the free or discounted item be of equal or lesser value to the applicable purchased item.
- E-Coupons advertising a percentage discount off of your highest ticketed item are based off of the highest dollar-value item purchased in a single, in-store transaction, excluding puppies or animals (including all birds, reptiles, and live pets of every kind).
Photo Contest Policy for Petland App
Last Modified: May 8th, 2019
The Contest is open only to users of the Petland mobile application who are 18 years of age at the time of Contest entry. The Contest is only open to legal residents of the 50 United States and is void where prohibited by law. Employees of Petland, Inc. (the “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. No purchase is necessary to enter the Contest, nor will it improve the chances of winning.
How to Enter
To enter as a Contest participant, you must upload an authentic photo depicting you and your dog within the appropriate section of the Petland App between insert contest start date and insert contest cutoff date. The submission must fulfill all Contest requirements, as specified herein, to be eligible to win a prize. Entries that are not complete or do not adhere to these rules or specifications may be disqualified at the sole discretion of Sponsors. You may enter the Contest only once and you must accurately fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsors and Sponsors may, in their sole and complete discretion, determine whether to choose an alternate winner. In order to participate in the Contest and be eligible to win a prize (describe in Section 4 herein), all of the following requirements shall apply:
- The photo must be submitted through the Petland App.
- The photo must be an original work created by you and must not violate the intellectual property rights of any other individual or entity.
- The submitted photo must be a selfie. That is, the photo must be taken by one of the people or dog(s) appearing within the photo.
- The submitted photo must clearly depict at least one person and one dog.
- Contest photo submissions must be appropriate for a family-friendly audience. Photos containing any form of nudity, profanity, animal cruelty, or inappropriate behavior will be considered invalid.
On insert winner announcement date, three winners will be announced, ranked first through third place. The first-place winner shall receive a $250 gift card valid only at the applicable Petland store designated within the winner’s Petland App. The second-place winner shall receive a $100 gift card valid only at the applicable Petland store designated within the winner’s Petland App. The third-place winner shall receive a $50 gift card valid only at the applicable Petland store designated within the winner’s Petland App. All gift cards awarded as prizes pursuant to this Contest Agreement shall expire within one year from the date that the applicable winner was notified by Sponsors of their status as a winner of the Contest.
Winner Selection and Notification
On insert winner announcement date, three (3) Contest winners will be selected by a panel of judges determined by Sponsors, who will select, in their sole and complete subjective discretion, the three best photos submitted based on creativity and originality. The determination of which photos are selected as Contest winners shall be made in the sole and absolute discretion of Sponsors. Winners will be notified via email and/or phone to the email address they entered the Contest within ten (10) days following the winner selection. Sponsors shall have no liability for a winner's failure to receive notices due to a winner’s spam, junk e-mail, or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information. If a selected winner cannot be contacted, is ineligible, fails to claim the prize in-person at the applicable Petland store (as designated within the Petland App by such winner) within ten (10) days from the time award notification was sent, or fails to timely return any signed documentation as may be requested by Sponsors, their prize may be forfeited and an alternate winner may be selected in the sole discretion of Sponsors. Winners will be required to present valid identification to redeem their prize.
Rules and General Limitations
- All contest prizes are non-transferable and non-substitutable and under no circumstances will be replaced with cash. Sponsors reserve the right to terminate, modify, or extend the prize and the terms and conditions of the prize at any time without prior notice at their absolute discretion.
- The winner of any Contest prize is solely responsible for applicable federal, state, provincial, territorial and local taxes, including sales, income and any other taxes.
- Sponsors reserve the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated herein. Winners may be required to sign an affidavit of eligibility and supply a Social Security Number prior to the award of prize. Sponsors may file an IRS Form 1099 with the Internal Revenue Service for the fair market value of any prizes awarded.
- Except where prohibited by law, participation in the Contest and acceptance of any prize constitutes permission for Sponsors to use each winner’s name, address (just city and state), photo, likeness, biographical information, statement, and voice for advertising/publicity purposes worldwide and in all forms of media, in perpetuity, without further notice to or compensation in connection with this Contest and any prize awarded.
- Any person attempting to defraud or in any way tamper with the Contest will be prosecuted and he or she will not be eligible for any prize.
- All Contest participants agree that when participating in the Contest, he or she will not engage in any illegal and/or inappropriate activities.
- If, for any reason, the Contest is not capable of running as originally planned, Sponsors, in their sole and complete discretion, reserve the right to cancel, suspend, or modify the Contest or any portion thereof.
- All Contest participants further agree to indemnify and hold harmless the Indemnified Parties (defined in Section 9 herein) from any and all liability resulting or arising from the Contest; to release all rights to bring any claim, action or proceeding against the Indemnified Parties, and hereby acknowledge that the Indemnified Parties have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize.
- As a condition of participating in the Contest, all Contest participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the Commonwealth of Ohio having competent jurisdiction, which court shall apply the laws of the Commonwealth of Ohio without regard for doctrines of conflict of law. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and Contest participants further waive all rights to have damages multiplied or increased.
You hereby grant to Petland, Inc., all Petland franchise stores, and ISEA Media the absolute and irrevocable right and unrestricted permission to use your name, likeness, image, voice, and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of the Sponsors or their partners in connection with the Contest. You agree that Sponsors have complete ownership of such material and can use said material for purposes of advertising and promotional efforts relating to the Contest and any Petland, Inc. products and/or service offerings. Such uses include, but are not limited to, videos, publications, advertisements, news releases, websites, and any promotional or educational materials in any medium. You acknowledge that you will not receive any compensation for the use of such images, video, likeness, etc. You hereby release and discharge Sponsors and ISEA Media, and their members, managers, employees, joint venturers, assignees, and agents from any and all claims and demands arising out of or in connection with the use of your name, likeness, image, voice and/or appearance, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation. You represent that you are over the age of eighteen years and that I have read the foregoing and fully understand its contents. This release shall be binding upon you, your heirs, legal representatives, and assigns.
Legally Binding Agreement
This Contest Agreement is entered into as between you and Sponsors. ISEA Media, as the creator of the Petland Mobile Application, does not form part of this Agreement. Accordingly, ISEA Media, its members, managers, employees, joint venturers, employees, contractors, service providers, and agents are exempt from any responsibility (legal or otherwise), should any type of conflict, disagreement, or grievance arise. Any circumstance derived from this Contest Agreement shall be resolved between you and Sponsors. Furthermore, ISEA Media will not take part in negotiations or act as an intermediary in any way concerning any dispute arising from this Contest Agreement.
You shall at all times defend, indemnify, and hold harmless Sponsors, ISEA Media, and their members, managers, officers, directors, shareholders, employees, joint venturers, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, penalties, settlements, judgments, orders, losses, costs, charges, attorneys’ fees, and all other expenses and shall further defend the Indemnified Parties from any and all claims, actions, suits, prosecutions, and all other legal and/or equitable proceedings resulting from or relating to (whether directly or indirectly) any allegation (whether founded or unfounded and regardless of the nature or character thereof) regarding: (i) any negligent, willful, reckless, or wrongful act or omission of you; (ii) any breach of, or inaccuracy in, any representation and/or warranty made by you herein including, without limitation, claims for personal injury, death, or damage to property or other demands; (iii) any failure to perform by you, or any defect in the performance of your obligations and duties pursuant to this Contest Agreement; or (iv) any alleged violation of any law, statute, regulation or ordinance. Upon receiving notice or knowledge of any claim, event, or loss for which indemnity is sought hereunder, Sponsors and/or ISEA Media, as the party(ies) seeking indemnification, shall tender the matter to you and/or Petland, Inc.
- Notwithstanding the foregoing, any Indemnified Parties may, in their sole discretion, engage their own attorneys and other professionals to defend or assist them, and, at the option of Indemnified Parties, their attorneys shall control the resolution of any claim or proceeding. Upon demand, you and/or Petland, Inc. shall pay or, in the sole discretion of the Indemnified Parties, reimburse, the Indemnified Parties for the payment of reasonable fees and disbursements of attorneys, engineers, environmental consultants, laboratories and other professionals in connection therewith.
Limitation of Liability
To the maximum extent permitted by law, you hereby release and hold harmless Sponsors, ISEA Media, and their members, managers, officers, directors, shareholders, employees, joint venturers, contractors, and agents (collectively, the “Company Parties”), from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) your participation in the Contest; and (b) any violation of this Contest Agreement or applicable laws; (collectively the “Causes“). If anyone makes any claim against the Company Parties arising out of or relating to any of the Causes attributable to you, you will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) CONTRACT, OTHER LEGAL THEORY, OR OTHERWISE, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND OTHER LIABILITY (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE, STATUTE OR REGULATION IN THE RELEVANT JURISDICTION. NOTHING IN THESE TERMS EXCLUDE LIABILITY FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, in consideration of your participating in the Contest and the execution of this Agreement, you hereby forever release, discharge, and acquit Sponsors and ISEA Media and their members, managers, employees, joint venturers, service providers, contractors, or agents (collectively, the “Releasees”) of and from any and all claims, demands, liabilities, rights, responsibilities, disputes, causes of action (whether at law or equity), indebtedness, and obligations (collectively, “Claims”), of every type, kind, nature, description, or character, and irrespective of how, why or by reason of what facts, whether such Claims have heretofore arisen, are now existing or hereafter arise, or which could, might, or may be claimed to exist, of whatever kind or name, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, each as though fully set forth herein at length, which in any way arise out of, are connected with or in any way relate to actions or omissions which occurred on or prior to the date hereof with respect to the Contest, any prize, or this Contest Agreement. This Section shall survive the expiration or termination of this Agreement.
If performance of this Agreement or any obligation under this Contest Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligation of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitations, acts of God, fire, explosion, vandalism, storm or other similar occurrence, order or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, its members, employees, officers, agents, or affiliates.
Contest Point of Contact
For all inquiries pertaining to the Contest, please contact your designated Petland store, which contact information can be viewed within the “location information” section of the Petland App.