Terms and COnditions of use
Last Modified: December 2016
Welcome to the FYI Pets website, www.fyipets.com (which we refer to as the “site,” which term also refers to any content, functionality and services offered on or through the site).
These Terms and Conditions of Use (these “terms”) are in place to govern your use of, and access to, the site. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site. “We,” “us,” “our” and “FYI Pets” refer to FYI Pets, L.L.C.
“Content” refers to information presented on the site, and includes text, data, graphics, images, photographs, video, audio, information, and other information.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or using the site, you are creating a binding contract between you and FYI Pets, and you acknowledge that you have read, understood, and agreed to be bound by these terms.
If you do not agree to these terms or to any other policy posted on the site, you should not access or otherwise use the site.
2. ABOUT THE SITE
The site is an online service provided by FYI Pets that provides access to information about pets and pet adoption, ownership, and care. However, FYI Pets does not provide pet adoption or veterinary advice, and does not endorse or recommend any adoption facility, veterinary professional, pet store, pet supply store, or other animal or animal care provider (any/all of these are referred to in these terms as an “Adoption/Animal Care Provider”), or any particular course of action with respect to animal ownership or care. Instead, we offer access to information provided by third parties, who may or may not themselves be Adoption/Animal Care Providers. FYI obtains this information and provides it to our users as a convenient, consolidated source of information.
The content we provide is for informational purposes only. We have no obligation to have any content that is provided to us (whether by Adoption/Animal Care Providers, others in the animal care community, or others) reviewed or verified, we do not guarantee the timeliness, accuracy, or completeness of any content, and we will not be responsible to you for any errors or omissions or for the results obtained from your use of any content.
The content and other information on the site may include statements of opinion, which are not statements of fact or FYI Pet’s recommendations with respect to any adoption or animal care decision. You should obtain any additional information that you feel is necessary to make an informed decision prior to acting on any information contained on the site.
Information on the site is free of charge to consumers, and is offered to the public for non-commercial use.
FYI does not endorse or recommend any Adoption/Animal Care Provider mentioned on the site. We make no guarantees, representations or warranties (express or implied) with respect to professional qualifications, expertise, quality of services, price or cost information, pet insurance availability or coverage, other product or service availability, or other content provided on or through the site.
3. FYI PETS DOES NOT PROVIDE VETERINARY ADVICE
FYI Pets is not a provider of veterinary advice, and no content or other information contained on the site should be construed as such. Always seek the advice of your own veterinary professional for answers to any questions you may have regarding an animal’s medical or health related condition. None of the content or other information contained on FYI Pets, or any other service offered by or through the site, is intended to be relied upon for diagnosis or treatment. Never disregard your vet’s advice or delay in seeking it because of something you have read on the site. Do not use the site for emergency medical needs for your or any other animal.
4. USER CONTENT
Certain features of the site may allow you to provide comments and feedback regarding the site. Content provided by our users, including all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions, are referred to as “Submissions.”
The interactive features of our site may require you to log into one of your social media accounts (such as Facebook, Twitter, or Google+) (an “Account”) to make a Submission, or may otherwise access or use your Account information when you post a Submission. This may result in our obtaining information about you (which may include your Account profile picture and other information) from the applicable social media service provider. We are not in control of this information, which is governed by the settings and privacy policies of your Account service provider.
All Submissions must comply with our Acceptable Use Requirements, which are described below in these terms. You are solely responsible for all of your Submissions, and assume all risk associated with your Submissions, including anyone else’s reliance on the quality, accuracy, or reliability of any Submission. We are not obligated to retain or provide you with copies of your Submissions.
You understand that all Submissions disclosed, submitted or offered to us will not be treated as confidential, and you agree that you will not provide any Submissions that include any confidential or proprietary information.
You are solely responsible for any Submissions you disclose, submit or offer to us or that are disclosed, submitted or offered to us through any person accessing the site on your behalf or utilizing your Account.
You understand and agree that we have the right, but not the obligation, to release, publish and/or use any Submissions, any part thereof, in our discretion and for any purpose, including without limitation advertising and promotional activities, product development, and/or any other commercial purposes, without any right of compensation to you or any third party.
5. ACCEPTABLE USE REQUIREMENTS
You agree not to engage in any unacceptable use of the site. Without limiting that general requirement, you agree that you will not, directly or indirectly:
- Submit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Impersonate any person or entity (including any agent of FYI Pets), or falsely state or otherwise misrepresent your affiliation with any person or entity (including any Adoption/Animal Care Provider);
- Create a false identity, or otherwise attempt to mislead any person as to the identity or origin of any communication, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content;
- Post any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation;
- Post any content that you do not have a right to post, whether by law or under any contractual or fiduciary relationship (such as proprietary or confidential information learned or disclosed as a part of an employment relationship or under a nondisclosure agreement);
- Post any content that would violate any law; or
- Engage in any other activity that we deem in our sole discretion to be in conflict with the spirit and intent of these terms.
In addition, you understand and agree that the site and all content and Submissions are to be used only for your personal, non-commercial use. Without limiting that general statement, you agree that you will not:
- Accumulate or index, directly or indirectly, any content or portion of the site for any purpose whatsoever;
- Use the site to compile mailing lists or other lists of Adoption/Animal Care Providers for commercial purposes;
- Use the site to establish independent data files or otherwise amass statistical information;
- Use the site in violation of any applicable laws or regulations;
- Publish or distribute in any medium any information contained on the site, and/or summaries or subsets thereof, to any person or entity; or
- Otherwise use FYI Pets for any purposes other than those intended by FYI Pets, as determined by FYI Pets in our sole discretion.
Further, you understand that the site strives to protect its security and integrity and those of its users. You therefore agree that you will not:
- Attempt to access or access any other user's Account;
- Attempt to obtain or ascertain any other user's personal information by any means whatsoever;
- Attempt to elude FYI Pets’ security systems;
- Attempt to gain access or gain access to FYI Pets in a fraudulent manner; or
- Upload or submit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
We reserve all rights to monitor the site for any reason, including to evaluate whether any Submissions posted on the site are, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability arising from any Submissions. We are under no obligation to enforce these Acceptable Use Requirements, or any other part of these terms, on your behalf against another user. You understand that by using the site, you may be exposed to content that may offend you. Your sole remedy is to avoid such content.
We may suspend or terminate your access to the site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms.
We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when using the “Contact Us” or any similar features of the site, you grant us permission to communicate with you by e-mail for any purposes related to your use of the site, including for any disclosures, system messages and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
7. LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
8. INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content without our prior express written consent. You are permitted to use view, print or download any content from the site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You have a limited, non-exclusive and non-transferable license solely to view, print and download content from the site solely for such limited permitted personal use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license.
“FYI PETS,” “For The Lover of All Breeds,” and all related names, logos, products and service names, designs and slogans are trademarks of FYI Pets, L.L.C. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using the names "FYI Pets”, "www.fyipets.com” or any other colorable equivalent without our prior written authorization.
You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
9. COPYRIGHT COMPLAINTS
We take claims of copyright infringement seriously. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
The Digital Millennium Copyright Act, 17 U.S.C. Section 512 (as amended from time to time, the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the site infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, you may request removal of those materials (or access thereto) from the site by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
These requirements must be followed to give us legally sufficient notice of infringement. Our Copyright Agent to whom you should send copyright infringement complaints is:
Intellectual Property Agent
c/o FYI Pets
Telephone: (312) 332-4172
We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, your violation of these terms or your violation of any rights of any third party.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FYI PETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SITE OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE ADOPTION/ANIMAL CARE PROVIDER OR FOR ANY OTHER PURPOSE. FYI PETS DOES NOT ENDORSE, AND NOTHING ON THE SITE SHALL BE DEEMED TO BE AN ENDORESEMENT, REPRESENTATION OR WARRANTY OF ANY ADOPTION/ANIMAL CARE PROVIDER OR OTHER THIRD PARTY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH ADOPTION/ANIMAL CARE PROVIDERS LISTED ON THE SITE. YOU UNDERSTAND THAT FYI PETS DOES NOT CONDUCT BACKGROUND CHECKS OR PERFORM SCREENINGS OF ANY KIND REGARDING THE ADOPTION/ANIMAL CARE PROVIDERS THAT ARE LISTED ON THE SITE. FYI PETS ALSO DOES NOT ATTEMPT TO VERIFY THE INFORMATION PROVIDED TO IT BY ANY ADOPTION/ANIMAL CARE PROVIDER. FYI PETS DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY CONDUCT OR OMISSION BY ANY ADOPTION/ANIMAL CARE PROVIDER, OR PRODUCTS OR SERVICES YOU OBTAIN FROM ADOPTION/ANIMAL CARE PROVIDERS OR ANY OTHER THIRD PARTIES WHO OFFER SERVICES ON OR THROUGH THE SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH ADOPTION/ANIMAL CARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
TO THE EXTENT PERMITTED BY LAW WE MAKE NO PROMISE AS TO THE SITE, OR THE CONTENT, THEIR COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY. YOUR ACCESS AND USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
12. LIMITATIONS ON LIABILITY
FYI PETS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. FYI PETS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY FYI PETS OR BY AN AUTHORIZED FYI PETS REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, FYI PETS’ TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO FYI PETS, IF ANY, TO ACCESS OR USE THE SITE.
13. PRIVACY NOTICE
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Notice by clicking here, for more information on the collection and use of information on the site. The Privacy Notice is incorporated into these terms, and therefore applies to your access to and use of the site.
14. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
15. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.