TERMS OF USE

Acceptance of Terms.

Welcome to edogz.com (“edogz.com”). The following are the terms that govern the use (“Terms of Use”) of this site. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using the edogz.com site, you agree to these terms. If you do not agree to these terms of use, you may not use this site.

Restrictions on Use of Materials.

This site is owned and operated by PETAILING, INC., a Florida corporation.  No material from edogz.com, including the edogz.com logo, copyrighted material, graphics, photos, web design, and any other edogz.com materials may be copied, distributed, posted, reproduced, republished, sold, transmitted, uploaded, or exploited in any means or for any use not approved of in writing by PETAILING, INC., except that PETAILING, INC. permits use of materials for your personal, non-commercial home and informational use only, provided that you keep intact all copyright and other proprietary notices.

You may link to the edogz.com site from your own web site, provided that you make it clear that the edogz.com site is an independent site and not your own work.

Modification of the materials or use of the materials for any other purpose is a violation of edogz.com copyright and other proprietary rights.  The use of any such material on any other site or networked computer environment is prohibited.  All other trademarks are the sole property of their respective owners. PETAILING, INC. in no way endorses or is affiliated with any other trademarks displayed on the edogz.com site and other web sites created by PETAILING, INC.  The edogz.com site and its content are provided as a public service and may not be sold or used for profit by the public.

Any misrepresentation, transmission, and/or storing of edogz.com data without express written authorization from PETAILING, INC. is prohibited and will be enforced according to U.S. Federal and State Law.

You acknowledge and agree that the edogz.com site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge that content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the site or advertisers.  Except as expressly authorized by PETAILING, INC. or edogz.com advertisers, you agree not to distribute, lease, loan, modify, rent, sell or create derivative works based on the site in whole or in part.

You agree not to copy, duplicate, reproduce, sell, resell or exploit for any commercial purposes, any portion of the site, and use of the site or access to the site.

Any misrepresentation, transmission and/or storing of edogz.com data is prohibited without express written authorization from PETAILING, INC. and will be enforced according to the U.S. State and Federal law.

International Use.

You agree to comply with all local rules regarding acceptable content and online conduct.  You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

PETAILING, INC. controls and operates its site in the United States of America.  PETAILING, INC. in no way implies that the materials on the site are appropriate or available for use outside of the United States.  If you use the edogz.com site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

Submissions.

You agree that all graphics, ideas, remarks, suggestions or other information that you communicate to PETAILING, INC. become and remain PETAILING, INC. property and that PETAILING, INC. need not compensate you or anyone else for them; that no submission is confidential; that PETAILING, INC. may use the ideas that you submit, including, but not limited to, product or advertising ideas without compensation to you or anyone else for them; that PETAILING, INC. has exclusive ownership to all present and future rights to submissions of every kind and can use them for any purpose without compensation to you or anyone else for them.

You acknowledge that you are responsible for any submission you make, that you and not PETAILING, INC. has full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Indemnity.

You agree to indemnify and hold PETAILING, INC., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the site, your use of the site, your connection to the site, your violation of the Terms of Use, or your violation of any rights of another.

General Practices.

PETAILING, INC. does not link to any site promoting violence, hate, pornography, animal abuse or any type of illegal activity, or any other content that PETAILING, INC. deems to be inappropriate or incompatible with its site focus.

PETAILING, INC. partners are additionally prohibited from linking to or promoting any such site or organizations. PETAILING, INC. reserves the right to remove any and/or all links that are inconsistent with its terms of prohibited content.

You acknowledge that PETAILING, INC. and its designees shall have the right but not the obligation in their sole discretion to refuse or move any content that is available on the site, including, but not limited to, setting a maximum number of days that message board postings or other uploaded content will be retained on the site.  You further acknowledge that PETAILING, INC. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

PETAILING, INC. reserves the right at any time and from time to time to modify or discontinue permanently or temporarily the edogz.com site with or without notice.  You agree that PETAILING, INC. shall not be liable to you or to any third party for any discontinuance, modification or suspension of the site.

You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.  You acknowledge, in that regard, that you may not rely on any content created by PETAILING, INC. or submitted to PETAILING, INC., including, but not limited to, information on message boards and in all other parts of the site.

You acknowledge and agree that PETAILING, INC. may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce the Terms of Use, (b) comply with legal process, (c) protect the rights, property, or personal safety of PETAILING, INC., its users and the public, (d) respond to claims that any content violates the rights of third-parties.

You understand that the technical processing and transmission of the site, including your content, may involve (a) changes to conform and adapt to technical requirements of connecting networks or devices, (b) transmissions over various networks.

You understand that all information, audio, video, graphics, photographs, messages, text or other materials (“content”) are the sole responsibility of the person from which such content originated.  This means that you and not PETAILING, INC. are entirely responsible for all content that you post or otherwise make available via the site.

You understand that by using the site, you may be exposed to content that is offensive, indecent or objectionable.  Under no circumstances will PETAILING, INC. be liable in any way for any content, including, but not limited to, any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the site.

You agree not to use the service to:

1. Harm minors or animals in any way;
2. Post or otherwise make available any content that is abusive, defamatory, harassing, harmful, libelous, hateful, invasive of another’s privacy, obscene, threatening, tortious, unlawful, vulgar, or racially, ethnically or otherwise objectionable;
3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the site;
5. Post or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
6. Post or otherwise make available any content that infringes on any copyright, patent, trade secret, trademark, or other proprietary rights of any party;
7. Post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, pyramid schemes or any other form of solicitation except in those areas that are designated for such purpose;
9. Intentionally or unintentionally violate any applicable local, state, national or international law;
10. Stalk or otherwise harass another;
11. Collect or store personal data about other users.

Dealings with Advertisers.

Your business dealings with, correspondence with or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other conditions, representations, terms, or warranties associated with such dealings, are solely between such advertiser and you.  You agree that PETAILING, INC. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

PETAILING, INC. does not guarantee the accuracy integrity or quality of any advertiser’s content.

Links.

You agree that PETAILING, INC. has no control over third-party sites or links to other sites or resources.  You acknowledge that PETAILING, INC. is not responsible for the availability of such external resources or sites and does not endorse and is not responsible or liable for any advertising, content products or other materials on or available from such sites or resources.  You further acknowledge and agree that PETAILING, INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such service or site.

Disclaimer of Warranties.

• Materials in this site are provided “as is” and without warranties of any kind either implied or express, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• PETAILING, INC. does not guarantee the accuracy integrity or quality of any advertiser’s content.
• Your use of the site is at your sole risk. PETAILING, INC. makes no warranty that the site will meet your requirements.
• You agree that any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from PETAILING, INC. or through or from the site shall create any warranty not expressly stated in the Terms of Use.
• To the fullest extent permissible pursuant to applicable law, PETAILING, INC. does not warrant that the functions contained in the materials will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that results obtained from the use of the site will be accurate or reliable, the quality of any products, services information, or other material purchased or obtained by you through the service, or that this site or the server that makes it available is free of viruses or other harmful components.
• PETAILING, INC. does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.
• In some cases, PETAILING, INC. will produce search results that reference third parties throughout the World Wide Web. PETAILING, INC. has no control over and cannot guarantee the content provided by these sites.  PETAILING, INC. will not be responsible for any claims resulting in the use of this service, as it does not directly control all material provided therein.
• With regard to resources and information provided by third parties, including websites, PETAILING, INC. cannot control and cannot guarantee the accuracy of the information and/or the content provided through the edogz.com web site.
• You and not PETAILING, INC. assume the entire cost of all necessary servicing, repair or correction.
• Exception: applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
• PETAILING, INC. does not claim ownership of content you submit or make available on the site. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the site, you grant PETAILING, INC. the following world-wide, royalty free and non-exclusive license(s), as applicable:
  • With respect to content that you submit or make available for inclusion on edogz.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the site solely for the purposes of providing and promoting the site. This license exists only for as long as you elect to continue to include such content on the site and will terminate at the time you remove or PETAILING, INC. removes such content from the site.
  • With respect to video, audio, graphics or photos that you submit or make available for inclusion on the site the license to use distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the site and will terminate at the time you remove or PETAILING, INC. removes such content from the site.
  • With respect to content other than video, audio, graphics or photos that you submit or make available for inclusion on the site, the perpetual, irrevocable and fully sub licensable license to adapt, distribute, modify, publish, reproduce, use, translate, publicly perform and publicly display such content in whole or in part and to incorporate such content into other works in any format or medium now known or later developed.

Limitation of Liability.

• PETAILING, INC. will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages or injury that accompanies or results from your use of its site, including, but not limited to, damages for loss of profits, goodwill, use, data, or other tangible or intangible losses.
• These include, but are not limited to, damages or injury caused by any:
  • use of or inability to use the site
  • use of or inability to use any site to which you hyperlink from our site
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
  • unauthorized access to or alteration of your data or transmissions
  • properly or improperly following any instructions or directions contained on the site
  • statements or conduct of any third party on the site
  • failure of performance
  • error
  • omission
  • interruption
  • defect
  • delay in operation or transmission
  • computer virus
  • line failure
  • trading or investment decisions made based on information found on or through the site
  • or any other matter relating to the site
• PETAILING, INC. is not liable even if PETAILING, INC. has been negligent or if its’ authorized representative has been advised of the possibility of such damages – or both.
  • Exception: in certain states the law may not allow PETAILING, INC. to limit or exclude liability for these incidental or consequential damages, so the above limitation may not apply, and you may indeed have the right to recover these types of damages.
  • But in any event, PETAILING, INC.’s liability to you for all losses, damages, injuries, and claims of every kind will not be greater than the amount you paid to access our site whether the damages are claimed under the terms of a contract, or they are claimed to be caused by negligence or other wrongful conduct, or they are claimed under any other legal theory.

·         PETAILING, INC. does not endorse or approve any products or information offered at sites that you reach through our site or sites to which we provide access.  Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still on a PETAILING, INC. operated site or have moved to another site.

Trademark Information.

PETAILING, INC., the edogz, edogz.com, The Internet’s K-9 Yellow Pages, everything under one Woof! and Chewz The Newz logos, and other logos and service names appearing on the edogz.com site, are, or may be, trademarks of PETAILING, INC. or its assigns.  You agree not to display or use any mark registered in the name of PETAILING, INC. or its assigns in any manner without PETAILING, INC.’s prior permission.

Venue/ General Information.

The user agrees that these Terms of Use and the agreement they create, shall be governed by and interpreted according to the laws of the State of Florida without applying the state’s conflict-of-laws principles and that the venue for any lawsuit shall be in any court of competent jurisdiction within Orange County in the State of Florida and you and edogz.com agree to submit to the personal and exclusive jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the edogz.com site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no contractual or legal affect.

PETAILING, INC. may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

The failure of PETAILING, INC. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. If a court of competent jurisdiction finds any provision of the Terms of Use or the application of such provisions to persons or circumstances to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and other provisions of the Terms of Use remain in full force and effect.

These Terms of Use supersede any and all prior or contemporaneous agreements or understandings between you and PETAILING, INC., whether oral or written, as to the subject matter of these Terms.

No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an officer of PETAILING, INC.  If the performance by PETAILING, INC. of the Terms or any obligation thereunder is prevented restricted or interfered with by any act or condition whatsoever beyond the reasonable control of PETAILING, INC., you shall excuse, without further action or notice, PETAILING, INC.’s performance to the extent of such prevention, restriction or interference.

This is the entire agreement regarding all matters discussed in the preceding paragraphs.

You can direct any questions concerning these terms to:

Alex H. Hamrick
Zimmerman, Shuffield, Kiser, and Sutcliffe, P.A.
P.O. Box 3000
Orlando FL  32802