1. ACCEPTANCE OF TERMS
AGREEMENT BETWEEN USER AND Next Day Pets, L.L.C. This Web site, http://www.nextdaypets.com (referred to as the “Site”) is offered to you by Next Day Pets, L.L.C., (referred to as the "Company") on the condition that you accept the terms, conditions, and notices (referred to as Terms of Service “TOS”) contained on this page and on other pages of this Site. YOU AGREE TO READ THE TOS CAREFULLY BEFORE USING THE NEXT DAY PETS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TOS AND TO FOLLOW THE TOS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE. YOU MAY NOT ACCESS OR USE THIS SITE UNLESS YOU AGREE TO THE TERMS OF SERVICE OF THE SITE. The Company provides its service to you, subject to the following TOS, and reserves the right to change the TOS under which this Web site is offered at any time in its sole discretion without prior notice to you the USER. You can review the most current version of the TOS at any time at: www.nextdaypets.com/terms.aspx.
2. DESCRIPTION OF SERVICE
The Company currently provides users with pet locating resources (the “Service”). Users understand and agree that the Service may include advertisements and that these advertisements are necessary for the Company to provide the Service. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new Next Day Pets, L.L.C. properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
3. DESCRIPTION OF FEES
Joining Next Day Pets to advertise puppies for sale or for adoption is free. It is also free to browse for sale, wanted and adoption listings and to contact subscribing sellers. A minimal fee of $5.95 is required to contact non-subscribing sellers. For Sale and for Adoption fees range from $19.95 to $249.95 to become a subscribing seller. Breeder directory listings are $80.00. Monthly subscribers agree to pay a minimum of two months of service at $19.95 per month. Monthly and annual subscriptions are set to renew on a recurring basis and charged either monthly or annually based on the selected subscription plan. PuppyMatch VIP customers are billed bi-weekly $5.00 until cancelling. PuppyMatch VIP customers may cancel at anytime by visiting our Help Center page or by calling 1-866-637-7020 option 3 or emailing email@example.com. Please note all transactions are non-refundable. Unsubscribing from PuppyMatch emails does not denote a cancellation request for use of the PuppyMatch.
The Company may change the fees for the Service at any time. The changes to the policy are effective immediately after the Company posts the policy to the site with or without prior notice to you the user. When the user subscribes to the service, the user has the opportunity to review and accept the fees that will be charged for the use of the Company’s Service. Subscribing members opting to participate in our monthly or annual subscription plan may cancel the automatic recurring subscription from within 'My Account' by clicking on 'Cancel My Subscription' link at any time 24 hours a day, 7 days a week. The Company requires all subscribing members to cancel their subscription from within 'My Account' 24 hours prior to the next scheduled recurring payment debit. Upon cancelling your recurring subscription, your membership will immediately revert back to the basic plan. No refunds will be issued for days not used for early subscription cancellation. Refunds: Next Day Pets, L.L.C. WILL NOT issue refunds for services rendered on the Site. When you purchase services or products that are for a specified amount of time, you are bound to the agreement. Termination of the agreement will only be authorized if the Company is at fault. This is to protect the interests of the Company and other customers of the Company. Shall you issue a chargeback for services rendered the Company may engage in collection efforts to recover such amounts from you. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest including a $25 collection processing fee.
4. MODIFICATIONS OF SERVICE
The Company may change any or all of its Services at any time. In the event the Company introduces a new service, the fees associated to that Service are effective at the launch of the Service. Users agree that the Company shall not be liable to you the user or to any third party for any modifications, suspension, or discontinuance of the Service.
5. Next Day Pets, L.L.C. (www.nextdaypets.com) is only a venue.
5.1 Overview. The Site acts as a venue for communication between potential buyers and sellers electronically. The Company is not involved in the actual transaction between buyers and sellers. As a result, the Company has no control over any aspects of the listings, the truth or accuracy of the listings, or the ability of sellers to complete the transaction or the ability of buyers to complete the transaction or the statements or feedback added to The Site about or concerning your business or business practices. Listings, feedback or any other material posted on the Site do not imply an endorsement by the Company.
5.2 Release. Because the Company is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Next Day Pets, L.L.C. (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You acknowledge and agree that communications and transmission to and from the Company Web site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this Web site. Topics posted on the Site's pet lovers forum do not imply endorsement by the Site, they are the sole expressed views of the original poster. The Site will remove feedback and comments if they meet the standard for feedback abuse outlined in the ‘Additional Pet Lover Forum Feedback Information’ section below. In addition, the Site offers members the opportunity to withdraw feedback and/or Forum Posts (referred to as feedback) by contacting customer support.
Members should use caution and good judgment when leaving feedback for another member of the Site, because:
Feedback left in the pet lovers forum cannot be edited or removed once it has been left. It generally becomes a permanent part of the responses within the pet lovers forum and is viewable by the entire NextDayPets.com community. Members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because The Site does not censor feedback or investigate it for accuracy, the Site is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
5.2a Additional Pet Lover Forum Feedback Information. Feedback and/or a Forum Post (referred to as feedback) that meets any of the circumstances below is feedback abuse and may be subject to removal. Feedback that doesn't meet any of the reasons outlined below will not be removed:
The Site is provided with a valid court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
The feedback comment contains profane, vulgar, obscene, or racist language or adult material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc., while strongly discouraged, will not be removed.
The feedback comment contains personal identifying information about another member, including real name, address, phone number, or e-mail address.
The feedback makes reference to an NextDayPets.com or law enforcement organization investigation.
The feedback comment contains scripts.
Negative feedback intended for another member will be considered for removal only in situations where the member responsible for the mistaken posting informs The Site of the error.
Feedback left by a person ineligible to participate in The Site as defined within the NextDayPets.com Terms of Service.
Feedback left by a member who provided The Site with false contact information and could not be contacted. In general, the transaction period is considered to be 90 days from the end of the listing or 30 days from the date the feedback was left, whichever was longer.
Feedback left by users who are indefinitely suspended for certain policy violations within 90 days of registration. The Site takes the position that members who are indefinitely suspended soon after registration shouldn't be able to permanently impact another member's account or business.
For more information on laws limiting the liability of companies like NextDayPets.com from written remarks posted on its site by third parties, please visit these Web sites:
Legal Information Institute
6. MEMBERSHIP OBLIGATIONS
In consideration of the use of the Service, you the user: (a) certify that you are at least 18 years of age (b) agree to provide true, accurate, current and complete information about yourself as prompted by the Service's membership form (such information being the "Membership Data") and (c) maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you do not qualify, then please do not use our Services.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will be assigned an account upon completing the Service's membership process. You are responsible for maintaining the confidentiality of the password you created and account you have access to, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
8. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, images, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for 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, emailed, transmitted or otherwise made available via the Service.
8.1. UNLAWFUL AND PROHIBITED MEMBER USE
You warrant to the Company that you will not use the Company’s Service or its SITE for any purpose that is unlawful or prohibited by the TOS in this Agreement and on the Site.
8.2 PROHIBITED MEMBER ACTIVITIES
You agree to not use the Service to:
a. Post, upload, email or otherwise transmit any Content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Next Day Pets, L.L.C. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site and its Service;
e. post, upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the Company;
f. post, upload, email, transmit 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. post, upload, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h. post, upload, email, transmit 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users;
n. advertise pet products or anything other than a dog in the Dog Rescue/For Sale/Wanted sections.
You acknowledge that the Company does not pre-screen Content, but that the Company shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, the Company shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company, including without limitation information in the Company.
You acknowledge and agree that the Company 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) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.
Without limiting any other remedies, the Company may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Company’s Site and its Services.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. ACCESS RESTRICTION
The Company may, in its sole discretion, deny any user access to the Site or any portion of the Site without notice.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
The Company does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant the Company the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, 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 Company exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Company removes such Content from the Site.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of 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 exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Company removes such Content from the Site.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Site, the perpetual, irrevocable and fully license to use, distribute, reproduce, modify, adapt, publish, 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.
"Publicly accessible" areas of the Service are those areas of the Company Site that are intended by the Company to be available to the general public. However, publicly accessible areas of the Service would not include portions of the Company that are intended for private communication between the user and the company.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with or directly relate to your wrongful, unlawful or lawful use of this Site or its Services or any breach of any representation or warranty made by you in this TOS Agreement. Comments posted on the Site's forum do not imply endorsement by the Site, they are the sole expressed views of the original poster. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of negative comments posted on the forum.
12. PERSONAL AND NON-COMMERCIAL USE
You agree not to resell the Service of the Company. The Site is for your personal, non-commercial use. You agree not to reproduce, modify, distribute, publish, transmit, license, display, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right to suspend or terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. USE OF INFORMATION
The user’s information (referred to as "Your Information") is defined as any information you provide to us in the registration, the listing process, through email or information collected in monitoring your usage of the Company’s Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. It is Next Day Pets' policy to take reasonable measures to respect the privacy of Next Day Pets, L.L.C. users. Next Day Pets, L.L.C. will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Next Day Pets' website; (ii) protect and defend the rights or property of Next Day Pets or enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of Next Day Pets participants or the public.
From time to time, Next Day Pets may make various aspects of our database of Your Information available to other parties for promotions of and solicitations for their goods or services that may be of interest to Next Day Pets members. However, we will not distribute personal information about any individual -- in other words, while we might let our advertisers know that we have 1000 people in your zip code, we won't let advertisers know that YOU live in your zip code. However, by accepting this Agreement, you expressly consent to such use and disclosure of non-personally identifiable information. Please note that Next Day Pets maintains the right to send you periodic updates as Next Day Pets deems necessary. Also note that if you provide any information to other parties, or any other sites you encounter on Next Day Pets or the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. We may, however, use and disclose general data and/or statistical data that includes data about you and/or your listings in order to provide better service to you and other users, among other reasons. The Company won’t share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with our Family of Companies or with our service providers, such as billing or collections companies, who may contact you using autodialed or prerecorded message calls or text messages. Standard telephone minute and text charges may apply if we contact you.
With respect to Your Information:
14.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of illegal or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this TOS Agreement; (bb). Furthermore, you may not place a listing on the Company’s Site (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation.
15. USE OF MESSAGES
By posting messages or engaging in other communication to the Company Web site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Company for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
16. TERMINATION OR BREACH
You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Shall the Company find you in breach of the TOS, the Company reserves the right to suspend, and or terminate your listing and/or account without issuing a refund. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.
17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company 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 Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company 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 site or resource.
19. ANTI-SPAM POLICY
What is Spam?
Spam is email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don't know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Next Day Pets regards both kinds of spam is inappropriate.
Spam Isn't Allowed
Next Day Pets has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing Next Day Pets privileges such as loss of referral credits and even loss of a customer's account. Please don't send spam on Next Day Pets' behalf.
Reporting Spam to Next Day Pets
If you receive spam and want to report it to Next Day Pets, please forward the email you've received to firstname.lastname@example.org.
Upon receipt we will:
Remove the email address provided from our own sales-related communications and;
Follow up with the party who sent the message for further disciplinary actions.
For questions about our spam policy or any spam-related issues, please email us at
20. Next Day Pets, L.L.C. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
21. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY productS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
24. COPYRIGHT AND TRADEMARK NOTICES
All contents of the Site are Copyright © Next Day Pets, L.L.C., and/or its suppliers. All rights reserved. Next Day Pets, L.L.C., the Next Day Pets, L.L.C. logo, trademarks and service marks, and other Next Day Pets, L.L.C. logos and product and service names are trademarks of Next Day Pets, L.L.C. (the "Next Day Pets, L.L.C. Marks"). Without Next Day Pets, L.L.C. prior permission, you agree not to display or use in any manner, the Next Day Pets, L.L.C. Marks. Please note: Any 3rd party trademarks are the property of their respective companies.
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Next Day Pets, L.L.C. and govern your use of the Service, superceding any prior agreements between you and Next Day Pets, L.L.C. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Next Day Pets, L.L.C. shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You, the user and Next Day Pets, L.L.C. agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Maryland, U.S.A. The failure of Next Day Pets, L.L.C. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction 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 the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of act arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of act arose or be forever barred.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company waiver of any provision of this Agreement shall not be deemed to waive it for the future.
All information found on pages within this web site is for educational purposes only and is intended to be a supplement to, and not a substitute for, the expertise and professional judgment of your veterinarian. The information is NOT to be used for diagnosis or treatment of your pet. Please always consult your own veterinarian for specific advice concerning the treatment of your pet. The information is not intended to cover all possible uses, directions, precautions, warnings, allergic reactions, drug interactions or adverse effects, nor should it be construed to indicate that use of a particular drug is safe, appropriate or effective for your pet. It is not a substitute for a veterinary exam, and it does not replace the need for services provided by your veterinarian.
26. NO AGENCY
You and The Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. The Company does not provide Agency related services nor advertising consultative services for the creation or purchase of ad spaces and/or artwork on your behalf.
27. LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Company service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of pets or other items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of pets or items you make.
The Company operates as a Limited Liability Company within the State of Maryland; S-Corporation for tax classification.
28. INFORMATIVE ONLY
Product Information on this site is for informational purposes only and is not meant to substitute for the advice of your veterinary or medical professional. Any information found on NextDayPets.com should not be used to diagnose a medical condition or disease, or to administer any medication. Please consult a veterinarian for any and all medical advice or to determine which products can benefit your pet. Any information found on NextDayPets.com has not been evaluated by the Food and Drug Administration and is does not necessarily represent the views of a medical professional. In addition customer reviews are opinions of an individual and are not the opinion of NextDayPets.com, nor are they reviewed or verified by its staff.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service.