Terms
and Conditions of Use
/ Privacy Policy
Effective Date: 10/05/09
YOU MUST AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT
BEFORE USING THIS WEBSITE.
Allure Pet Products LLC (hereinafter “APP”) provides
this website and website-related services subject to your compliance
with the mandatory terms of use set forth in this Mandatory Terms
of Use Agreement (the "Agreement"). This Agreement,
and the terms and conditions listed in the Privacy Policy, govern
the relationship between APP and you, the Visitor, with respect
to your use of the Website. YOUR USE OF THE WEBSITE CREATES A LEGALLY
BINDING CONTRACT BASED ON THE THIS MANDATORY TERMS OF USE AND THE
TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY, AND YOU HEREBY
AGREE TO ALL SAID TERMS. You acknowledge that you have read
and understood the terms and conditions of this Mandatory Terms
of Use Agreement and that you agree to be bound by all of its provisions.
If you do not agree to these Mandatory Terms of Use or the Privacy
Policy, you must not use the Website.
As used in this Agreement, the words “you” and “your”
refer to any person accessing the APP Website. The words “we,”
“us,” and “our” refer to APP.
APP may, at any time and in our sole discretion, revise or update
this Agreement by posting an amended Agreement on the Website. Please
check this page periodically for changes to the Agreement.
Your use of the Website following the posting of an updated Agreement
constitutes acceptance of the last updated Agreement.
Further, APP reserves the right, at any time, to modify or discontinue,
temporarily or permanently, the Website (or any part thereof) without
notice to you. You agree that APP shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Website, or of any Materials (as defined below).
If you have any questions about this Agreement, please contact us
at info@allurepetproducts.com LICENSE TO USE WEBSITE
As
long as you are in compliance with the terms of this Agreement
and all associated documents incorporated herein, APP hereby grants
you a limited, revocable, non-assignable, non-sublicensable, non-exclusive
license to access the Website via an ordinary Internet browser,
to view the Website and all Content and Materials thereon that
are intended to be displayed publicly. The Agreement impacts your
legal rights and responsibilities and should be read carefully.
Any violation of the terms or conditions of this Agreement is
grounds for immediate termination of this limited license. No
other rights are granted, implied or otherwise.
INCORPORATED
TERMS
The
following additional terms are hereby incorporated into this Agreement
by reference, and your assent to this Agreement binds you to all
of the additional terms in the following documents:
1.Copyright
Policy
2.Complaint Policy,
including trademark complaints
3.Privacy Policy
AVAILABILITY
AND USE OF THE WEBSITE
While APP makes reasonable efforts to ensure that the Website
is available at all times, APP does not guarantee, represent or
warrant that access to the Website will be uninterrupted or error-free,
and APP does not guarantee that users will be able to access or
use all or any of the Website features at all times.
APP may change, suspend or discontinue any (or all) aspects of
the Website at any time, including the availability of any Website
feature or your particular user account, in its sole discretion.
APP may also impose limits on the use of or access to certain
features or portions of the Website, or restrict your access to
any part or all of the Website, in all cases without notice or
liability. You are prohibited from attempting to or actually accessing
those portions of the Website for which you have no permission.
APP is under no obligation to maintain the Website or any information,
Content, Submissions, Materials, or other matters that you submit,
post or make available to the Website, or are otherwise available
on the Website. APP reserves the right to withhold, remove and
or discard any such material on the Website or available or placed
by you thereon without notice at any time.
You acknowledge and agree that APP may send you important notices
or other information related to the Website by email or through
other means, including mobile or other hand held devices. You
acknowledge and agree that APP has no liability related to or
arising from any failure by you to maintain accurate or up to
date contact information, or other profile information, or related
to your failure to receive important or critical information regarding
the Website.
BECOMING A WEBSITE USER
If you are a retailer or prospective retailer, you may become
a “Website Member” by filling out the sign-up form
on the page and following the instructions there, which may include
the requirement that you submit a Resale Certificate. APP may
accept or decline to accept you as a member of the retailer’s
section of the Website at its sole and unfettered discretion.
If APP chooses to accept you as a Website Member, it will e-mail
you with your login username and password. The status of your
membership in the Website is based on the sole discretion of APP,
and it may be revoked or modified at any time, at APP’s
sole discretion.
IMPORTANT
NOTICES/DISCLAIMER
APP makes available the information and materials on the Website,
including but not limited to summaries, descriptions, user profiles,
professional summaries, text, articles, videos, images, graphics,
publications, news, surveys, seminars, information regarding APP
members, tutorials and any other such materials appearing on the
Website (the "Materials"), for general informational
purposes only.
The
Website may contain typographical errors or inaccuracies, including
but not limited to errors or inaccuracies related to price, product
information, product description or availability, and may not
be complete or current. APP reserves the right to correct any
errors, inaccuracies or omissions (including after any order has
been submitted, confirmed and/or charged to your credit card)
and to change or update information at any time without prior
notice. Please note that such errors, inaccuracies or omissions
may relate to pricing and availability, and we reserve the right
to cancel or refuse to accept any order placed based on incorrect
pricing or availability information.
We
have made every effort to display as accurately and reliably as
possible the colors, sizes, dimensions, materials, textures, and
all other physical aspects (“Depiction”) of the goods
that may appear on the Website. However, we cannot guarantee,
and make no warranty, promise, or agreement that any depicted
or described product actually comports with its Depiction or description.
Any
price quotation, service information or any other such information
regarding the provision of and fees for any goods or service offered
by APP are provided purely for informational and illustrative
purposes. APP does not guarantee, and makes no warranty, promise,
or agreement that any depicted or described goods or services
are actually offered or comports with its description on the Website.
APP reserves the right to cease offering any such services or
benefits to any prospective or actual member or customer at any
time, in all cases without notice or liability.
RULES
OF CONDUCT
Your use of the Website is conditioned on your compliance with
the within rules of conduct as well as all other terms of the
Agreement.
You
agree to comply with all applicable laws, rules and regulations
in accessing and/or using the Website and/or any Materials. You
must provide true and accurate information at all times in any
Material, Content, Submission, or other material that you provide
or upload to the Website. You agree to review and promptly comply
with all messages received from APP regarding the Website.
You
must keep your user password and any other information needed
to login to the Website, if applicable, confidential and secure.
APP is not responsible for any unauthorized access to your account
or profile by other Website visitors and any ramifications of
such access, and will take no action to disable any account until
given explicit notice by you. Under such circumstance, APP will
take reasonable efforts with reasonable speed, to disable, lock
or otherwise address your situation. In the event that you would
like to report a breach, please contact info@allurepetproducts.com
with the term “Account Breach Notice” in the subject
line.
You alone are responsible for your interactions with other users
of the Website. APP may monitor disputes between you and other
users, and may terminate your account at any time, in its sole
discretion; however, APP is under no obligation to monitor such
interactions or take any particular action.
You agree not to use the Website for any unlawful or fraudulent
purpose, including impersonating any person or entity, including,
but not limited to, any APP employee, agent, or representative;
or expressing or implying that APP endorses any statement you
make. You may not use any information obtained from the Website
to harass or intimidate others or to contact them without their
permission.
You
may not modify, adapt, translate, copy, reverse engineer decompile
or disassemble any portion of the Website or Materials.
Further, you may not interfere with or disrupt the operation of
the Website, including restricting or inhibiting any other person
from using the Website by means of hacking, or defacing any portion
of the Website. Further, transmitting or making available
in connection with the Website any denial of service attack, virus,
worm, Trojan horse, root kit or other harmful code or activity
is prohibited. Moreover, you may not interfere with
or violate any other Website visitor's or user's right to privacy
or other rights, or harvest or collect personally identifiable
information about Website visitors or users, or about APP employees
or other individuals identified on the Website, without their
express written consent.
You
are also proscribed from selling, reselling, transferring, licensing
or exploiting for any commercial purposes any use of or access
(including sharing of passwords and login information) to the
Website or the Materials. You may not harvest information from
the Website, including any scraping of the Website. You may
not use the Website to solicit any other Website users, either
through Website functionality or thought outside functionality.
You
may not frame, mirror, in-line link to, or make other similar
use of, all or any part of the Website or the Website’s
content, including APP’s or any other party’s intellectual
property therein, without our prior express written authorization.
You may not access any portion of the Website that is not public
or is not meant to be accessed by general users, and you may not
attempt to override any security measures in place on the Website.
To
the extent that you may access or download any software that is
made available through APP from the Website ("Software"),
such Software is the copyrighted work of APP and/or its various
third party licensors. Your use of the Software is governed by
the terms of the end user license agreement, if any, which accompanies
or is included with the Software. You may not install or use any
Software that is accompanied by or includes such an end user license
agreement unless You first agree to the terms of such agreement.
Any warranty applicable to the Software will be specified in the
terms of the License Agreement and no additional warranties are
provided herein. If you have any inquiries concerning these terms,
please consult APP before accessing any programs
In
the event that you are obligated by law to take actions contrary
to any term of this Agreement, you agree to notify APP at least
30 days before you are required to take such actions.
CONTENT
SUBMITTED OR MADE AVAILABLE TO APP
You are under no obligation to submit anything to APP, and APP
will not claim ownership of any text, software, music, sound,
photographs, graphics, video, messages or tags (“Content”)
you submit or make available through or on the Website. However,
should you choose to utilize the Services available on the Website
to submit, upload, or otherwise provide any Content to APP, you
hereby grant APP a worldwide, fully paid, royalty-free, nonexclusive,
unrestricted, unlimited, assignable, sub-licensable, perpetual,
irrevocable license to APP to use, copy, distribute, reproduce,
modify, adapt, improve, create derivative work from, publish,
remove, delete, translate, publicly perform, publicly display
and commercialize the Content, in whole or in part, in any way
or manner now known or in the future discovered or developed,
and to incorporate such Content into other works in any format
or medium now known or later developed, for any purpose whatsoever,
commercial or otherwise, without providing compensation to you
or any person or entity, without further consent, and without
any liability whatsoever. You further expressly permit, license,
and assent to APP’s right to register, deposit, or otherwise
record any modification or derivative work created by APP from
the Content with any foreign or domestic registrations body, including
but not limited to the United States Copyright Office or the United
States Patent and Trademark Office. You further hereby expressly
and irrevocably waive all moral rights in the Content, in favor
of APP and any of its successors or assigns.
By submitting any documents, comments, questions, suggestions,
plans, notes, drawings, ideas, proposals, or materials similar
thereto (“Submissions”) or other Content to APP, you
hereby explicitly agree, represent and warrant that: (a) all such
Submissions and Content is true and accurate, (b) such Submissions
and Content do not contain confidential or proprietary information,
and their provision is not a violation of any contractual or legal
right of any party; (c) your Submissions automatically become
the property of APP without any obligation of APP to you; (d)
APP is not under any obligation of confidentiality relating to
the Submissions or Content, either express or implied; (e) APP
shall be entitled to use or disclose the Submissions or Content
in any way, manner, purpose or otherwise, worldwide; (f) APP may
have under consideration or development similar ideas to the Submissions
or Content; and (g) you are not entitled to any compensation or
reimbursement of any kind from APP in exchange for the Submissions.
You further agree to inform APP should any Submissions or Content
change since your registration with APP and/or its provision to
APP, and, if appropriate, you agree to make such modifications
yourself to your profile.
Further, APP may access and use the Website and any Service and
any information stored thereon, including the contents of any
Content or Submissions, for any lawful purpose. APP may disclose
the contents of any Content or Submissions, including the identity
and other personal information of any user, submitter or poster
of such materials, to any third party, including any law enforcement
agency, to protect our rights or property, or for any other reason.
Certain
Content, Submissions or Material you may choose to submit to the
Website may reveal your age, gender, nationality, sexual orientation
or religion. You acknowledge that you are fully aware and responsible
for all actions and impact of providing said materials. You agree
that APP will not be held responsible for any such impact. By
providing any sensitive personally identifiable information to
APP, you explicitly grant APP the right to process, transfer and/or
disclose all or part of such information, in accordance with the
Privacy Policy.
You hereby take and accept full responsibility for all ramifications
of the public availability of any Content or Submissions you submit
to APP or make available on the Website, and agree that APP shall
be held harmless from any result of such availability or use,
in accordance with this Agreement.
The Website may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you
to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service.
APP does not warranty that any information contained on or in
said Communications Services is accurate, reliable or confidential.
You agree that APP cannot be held responsible for any ramifications
of your posting or use of any Content or Submissions or any Materials
from or to said Communications services.
You
agree not to upload, distribute, make available, or otherwise
publish through the Website or any Service thereon, any Content
or Submission that:
contains
a virus, corrupt file, or any other similar software of programs
which may damage the operation of another’s computer;
is unlawful or encouraging of another to commit unlawful activity;
violative of the rights of any party, infringing upon the patent,
trademark, trade secret, copyright, or other intellectual or proprietary
property right of any party;
defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate,
invasive of privacy or publicity rights, abusing, threatening,
harassing, threatening, or otherwise objectionable;
Constitutes advertisements or offers to sell or buy goods or services
of any kind, unless authorized by APP;
Contains a survey, contest, pyramid scheme or chain letter;
May restrict of inhibit any other user from using the Communication
Services; or
Violates any rules of conduct which may be applicable to a particular
Communication Service.
APP
retains the right, but not the obligation, to monitor any activity
and Submission or Content submitted, posted, uploaded, or otherwise
communicated to APP or the Website, or is made available on the
Website. APP may block, edit, modify or remove any Submission
or Content it deems to be violative of this Agreement, or any
other Content or Submissions that APP deems, in APP’s sole
discretion, to be objectionable or in any way not in furtherance
of the goals or purposes of APP, the Website or the particular
area of the Website to which such Content or Submission may have
been placed. However, APP takes no responsibility and assumes
no liability for any Content or Submission posted by you, or any
damage caused by another user’s access to such content on
the Website, whether before or after any removal of such Content
or Submission by APP. APP in no way endorses any Content or Submission
posted to or made available through the Website.
APP
does not control the Content or Submission submitted to APP or
otherwise made available to others on the Website, and has no
obligation or duty to verify the accuracy of any such Content
or Submission, or the identity of any user that provides such
materials or to supervise the uploading, use or availability of
such materials on or to the Website. In the event that you believe
that any user of the Website has violated this Agreement, please
contact APP immediately, and APP may take action that it, in its
sole discretion, deems appropriate under the circumstances.
APP’S INTELLECTUAL PROPERTY RIGHTS
The Materials, the Website and its downloadable contents are protected
by the copyright laws of the United States and other jurisdictions.
You recognize that while some of the Materials available on the
Website may be compiled from publicly available sources, the compilation
of such materials represents protectable effort and expression
exerted by APP, and you agree not to contest same.
You may print and/or download a copy of any part of the Website
for your personal, non-commercial use, but you may not copy, distribute,
make commercial use of or otherwise exploit any part of the Materials
or the Website for any other purpose without the express written
consent of APP, and you may not modify any part of the Website
for any reason. Inclusion of any part of the Website in
another work, whether in printed, electronic or other form, or
inclusion of any part of the Website in another website by linking,
framing, in-line linking, or otherwise, is strictly prohibited
without agreeing to APP’s Mandatory Terms of Use and obtaining
APP’s prior express written authorization. Additionally,
you may not remove any trademark, copyright, or other rights notice
which appears on the Website.If you are a Website Member and a
retailer of products purchased from APP, you are granted a non-exclusive,
limited and revocable license to display, reproduce and transmit
images of APP’s product obtained from the Website Members
only area of the Website, that are identified as being permissible
to use, in connection with the marketing and sale of APP’s
products. APP may revoke this license at any time. Your use of
said images other than in direct connection with the sale or marketing
of APP’s products is expressly prohibited, and no license
to engage in such acts is granted.
The
trademarks, service marks, logos and any designs used or displayed
on the Website specific to APP are trademarks and/or service marks
owned by APP. Except as granted herein, any use of copyrighted
works, trademarks or service marks, including the reproduction,
modification, distribution or republication of same without the
prior express written permission of APP is strictly prohibited.
Other copyrighted works, trademarks, service marks, trade names
and company logos utilized on the Website are the property of
their respective owners. All rights reserved. The appearance
of any such third party trademarks does not in any way imply any
connection, license, approval or other such relationship of any
kind with such third party.
The website may also contain samples of APP’s programs for
informational purposes. These programs cannot be used for any
commercial purpose. Moreover, certain technology and programs
may be subject to intellectual property rights, and any unauthorized
use is strictly prohibited.
APP can be reached by directing communications to:
Allure Pet Products LLC
10 Taft Court
Totowa, NJ 07512
info@allurepetproducts.com
ENFORCEMENT OF THE AGREEMENT
APP may investigate any reported, alleged or suspected violation
of this Agreement, and take any action that APP, in its sole discretion,
deems appropriate. Such action may include issuing warnings, suspension
of a user’s access to the Website or complete termination
of such access, at any time. APP reserves the right to recover
those amounts spent in connection with enforcement, from any violation
of these terms.
TERMINATION
Either you or APP may terminate this Agreement at any time, for
cause of without cause. Without limiting the foregoing rights,
APP has a policy of terminating users who are repeat violators
of the United States Copyright Act, as noted in the Copyright
and Trademark Policy [link].
All grants of any rights from you to APP related to Content, Submissions,
Materials, or other materials, including but not limited to copyright
or other intellectual property licenses shall survive any termination
of this Agreement.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL APP, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED
ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING
FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS
TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON.
APP DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE. APP DISCLAIMS ANY AND ALL LIABILITY FROM ANY
MALFUNCTIONS, LIMITATIONS ON ACCESS OR INTERRUPTIONS IN AND TO
THE WEBSITE. ADDITIONALLY, APP DOES NOT WARRANT THAT ANY INFORMATION
TRANSMITTED BY APP TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE
OR EFFECTIVE. APP DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE
WILL NOT VIOLATE THE RIGHTS OF OTHERS. FURTHER, NEITHER APP, NOR
ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING
OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR
USE AND/OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED
HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE
OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
APP HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER UTILIZING
THE WEBSITE OR THE SERVICES AVAILABLE THEREON, NOR DOES APP HAVE
ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE BY OTHER USERS.
APP WILL NOT BE HELD LIABLE FOR IDENTITY THEFT OR ANY OTHER MISUSE
OF YOUR IDENTITY OR INFORMATION.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMISSIBLE
UNDER LAW, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS
IS" AND APP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT
TO THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICE PROVIDED
VIA THE WEBSITE. IF YOU ARE DISSATISFIED OR HARMED BY APP, THE
WEBSITE OR ANYTHING RELATED TO APP, YOU MAY LEAVE APP AND MEMBERSHIP
IN THE WEBSITE AND TERMINATE THE AGREEMENT AND SUCH TERMINATION
SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Notwithstanding the foregoing, in the event that a court shall
find that the above disclaimers are not enforceable, the Parties
agree that neither APP nor any of its subsidiaries, affiliated
companies, employees, shareholders, or directors shall be liable
for any indirect, incidental, punitive, special, or consequential
damages or loss of use, lost revenue, lost profits or data to
you or any third party from your use of the Website or any Services,
Content, Submissions, Materials or other materials on, accessed
through or downloaded from the Website, even if APP is aware or
has been advised of the possibility of such damages. This limitation
shall apply regardless of the basis of your claim or whether or
not the limited remedies provided herein fail of their essential
purpose.
This limitation shall not apply to any damage that APP causes
you intentionally and knowingly in violation of this Agreement
or applicable law that cannot be disclaimed in this Agreement.
INDEMNITY
You agree to defend, indemnify and hold harmless APP, its affiliates
and its suppliers, and each of their respective partners, employees,
representatives and agents, from and against all claims, losses,
costs, damages, liabilities and expenses (including, but not limited
to, attorney fees) arising out of:
Your activities in connection with the Website;
Any violation of this Agreement by you;
Any improper or unauthorized use of the Materials by you;
Any conduct, activity or action which is unlawful or illegal under
any state, federal or common law, or violative of the rights of
any individual or entity, engaged in, caused by, or facilitated
in any way through the use of software or information which appears
on the Website;
Any allegation that anything you transmit or attempt to transmit,
including but not limited to any Content or Submission you submit,
post, or otherwise make available, through or in connection with
the Website, infringes or otherwise violates the intellectual
property, privacy or other rights of any third party.
To the extent that you voluntarily provide your login, password
or member information to another, you agree to be bound by and
responsible for their actions hereon.
INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy,
which is expressly incorporated as terms of this Agreement. If
you object to anything in the Privacy Policy, please do not use
our services or contact us directly to determine whether a special
exemption or modification may be warranted.CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided
solely for providing information. The Website is controlled
and operated by APP from New Jersey, in the United States of America. You
agree that any dispute arising under the Agreement or your use
of the Website in any way shall be resolved exclusively by New
Jersey state or federal courts, applying New Jersey law, regardless
of any principles of conflicts of law. By your use, you waive
any jurisdictional, venue or inconvenient forum objections to
such courts for purposes of resolving these disputes.
Although
the Website is available worldwide, you understand and agree that
the law of your home jurisdiction may provide protections not
provided in the United States, and that by visiting the Website,
you unequivocally and unambiguously agree to waive your right
to suit in your home jurisdiction and to submit and adjudicate
any disputes which arise out of such use pursuant to the terms
and conditions stated in this Choice of Law and Jurisdiction clause.
LINKS
TO OTHER WEBSITES
The Website may contain links to other sites ("Third Party
Websites"). These links are provided solely for the
convenience of our users. APP does not endorse, sanction
or verify the accuracy of the information contained on Third Party
Websites or any products or services advertised on Third Party
Websites. If you decide to leave the Website and navigate
to Third Party Websites, or install any applications, software
of download content from any such websites, you do so at your
own risk. Once you access a Third Party Website through a link
on the Website, you are no longer covered by the Privacy Policy
or Mandatory Terms of Use of the Website, and you may be subject
to the Terms and Conditions and Privacy Policy of such Third Party
Website. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to
which you navigate to from the Website, or relating to any applications
you use or install from such Third Party Websites. Concerns regarding
a Third Party Website should be directed to the Third Party Website
itself. APP bears no responsibility for any action associated
with any Third Party Website.
EXPORT CONTROL
Your use of the Website, including any Services thereon, is subject
to export and reexport control laws and regulations, including
the Export Administration Regulations (“EAR”) maintained
by the United States Department of Commerce and any programs maintained
by the Treasury Department's Office of Foreign Assets Control.
You acknowledge that you may not export, re-export, sell, divert,
transfer or otherwise dispose of any software or Service to any
end-user without obtaining required authorizations. You also warrant
that you are not prohibited from receiving US origin products,
including but not limited to those that may appear on the Website.
POLICIES
FOR CHILDREN
The Website is not directed to individuals under the age of 13,
nor does it contain information which would be potentially harmful
to minors in any way. However, we advise all visitors to
the Website under the age of 13 not to disclose or provide any
Personally Identifiable Information. In the event that APP
discovers that a child under the age of 13 has provided Personally
Identifiable Information to us, we will delete the child's Personally
Identifiable Information in accordance with the Children's Online
Privacy Protection Act of 1998.
Please see the Federal Trade Commission's website for this act:
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information. Notwithstanding
the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended,
we hereby notify you that parental control protections are commercially
available to assist you in limiting access to material that is
harmful to minors. More information on the availability of such
software can be found through publicly available sources. You
may wish to contact your Internet Service Provider for more information.
GENERAL
TERMS
SEVERABILITY
If any provision of this Agreement is found for any reason to
be unlawful, void or unenforceable, then that provision will be
given its maximum enforceable effect, or shall be deemed severable
from this Agreement and will not affect the validity and enforceability
of any remaining provision.
ENTIRE
AGREEMENTS AND AMENDMENTS
This Agreement constitutes the entire agreement between you and
APP regarding your use and interaction with the Website. This
Agreement supersedes any and all prior agreements related to this
topic, whether written or oral. Any amendments to this Agreement
by you must be in writing, and APP shall not be bound to any action
of activity that it does not so bind itself to do in writing.
APP may modify this Agreement at any time by posting modified
terms to the Website, and all such terms will be binding prospectively,
but not retroactively, upon posting.
NOTICES
All notices to you under this Agreement may be provided via e-mail
or any other communications means you provide to the Website.
All notices from you to APP must be sent to the following addresses.
Any notices that are not to these addresses will be given no legal
effect.
Allure
Pet Products LLC
10 Taft Court
Totowa, NJ 07512
WAIVER
Any failure by APP to enforce any term of this Agreement against
you or any other user shall not be considered a waiver of APP’s
right to enforce this Agreement as to any future violations committed
by you or any other user.
ASSIGNMENT
This Agreement is personal to you, and you have no right to assign
this Agreement to any party. APP may assign all of part of this
Agreement to any party, at any time. APP may substitute itself,
by way of unilateral novation, effective upon notice to you or
upon posting to the Website, for any third party that assumes
APP’s rights and obligations under this Agreement.©
2009, Allure Pet Products, LLC, All rights reserved.
COPYRIGHT
POLICY
If you believe in good faith that any Content, Submission, or
other material posted on the Website infringes the copyright in
your work, please contact our copyright agent, designated under
the Digital Millennium Copyright Act (“DMCA”) (17
U.S.C. §512(c)(3)), with correspondence containing the following:
A physical or electronic signature of the owner, or a person authorized
to act on behalf of the owner, of the copyright that is allegedly
infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow
its location of the material that is claimed to be infringing;
Information reasonably sufficient to permit APP to contact you;
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and,
A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements
of this Section, your DMCA notice may not be valid. For any questions
regarding this procedure, or to submit a complaint, please contact
APP’s designated DMCA Copyright Agent:
Julie Krauss
Allure Pet Products LLC (dba Hugglehounds)
10 Taft Court
Totowa, NJ 07512
info@allurepetproducts.com
Phone: 973-339-1202
Fax: 973-237-1202
COMPLAINT
POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any Content, Submission, or
other material posted on the Website infringes any of your rights
other than in copyright, or is otherwise unlawful, you must send
a notice to info@allurepetproducts.com containing the following
information:
Your name, physical address, e-mail address and phone number;
A description of the Content, Submission, or other material posted
on the Website that you believe violates your rights or is otherwise
unlawful, and which parts of said materials you believe should
be remedied or removed;
Identification of the location of the material on the Website;
If you believe that the material violates your rights, a statement
as to the basis of the rights that you claim are violated;
If you believe that the material is unlawful or violates the rights
of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith
belief that use of the material in the manner complained of is
not authorized and that the information you are providing is accurate
to the best of your knowledge and in good faith; and,
Your physical or electronic signature.
If we receive a message that complies with all of these requirements,
we will evaluate the submission, and if appropriate, in APP’s
sole discretion, APP will take action. We may disclose your submission
to the poster of the claimed violative material, or any other
party.
YOUR PRIVACY RIGHTS
Effective Date of Current Policy: _____
This Privacy Policy governs the way in which APP collects and
uses personal and non-personal information we learn about you
from your visit to this website (the "Website").
Please also refer to the Terms of Use, which are expressly incorporated
as if fully recited herein, if you have not already done so.
COLLECTION OF INFORMATION
-Personal Information
When submitting an order, creating an account or inquiry with
the Website, you may be asked to provide personal information,
including but not limited to, your name, telephone number, mailing
address, email address, credit card information and other such
information. Furthermore, APP may collect personal information
about you should you voluntary submit it. It is possible to submit
such information by clicking on various links, such as "Contact
Us."
-Non-Personal Information
APP may collect non-personal information about your activity on
the Website. The Website may automatically recognize and
store information including the type of browser you are using;
your navigation through the Website; your Internet Protocol ("IP")
address; the time, date, and length of your visit; and the referring
site. This information, if collected, is collected via computer
code sent to your computer (commonly referred to as "cookies"). The
cookies may not expire, unless you manually delete them or set
your browser to reject them. If you do not accept the cookies,
however, you may have difficulty navigating the Website. Furthermore,
the Website may utilize Web beacons, embedded Web links, and other
commonly used information-gathering tools.
-Territoriality
Our computer systems are currently based in the United States
and the content of our Website is directed to U.S. residents.
Your personal data will be processed by us in the United States,
where data protection and privacy regulations may or may not be
to the same level of protection as in other parts of the world,
such as in Canada and the European Union. BY VISITING THE
APP WEBSITE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE
COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY PERSONAL
AND NON-PERSONAL INFORMATION COLLECTED OR OBTAINED BY APP THROUGH
VOLUNTARY SUBMISSIONS, AND THAT UNITED STATES LAW GOVERNS ANY
SUCH COLLECTION AND PROCESSING.
USE
APP uses non-personal information to manage the Website. APP
may analyze the data about visits to the Website to make it more
accessible and interesting for visitors. Further, APP may share
this data with third parties to provide services for APP associated
with the maintenance of the Website.
If
you submit personal information to the Website, the information
will be used for the purpose you requested or for which it is
collected or for any purpose you subsequently authorize. That
information may be stored and maintained for as long as is reasonable
necessary to effectuate the service you request and for a reasonable
time thereafter. APP will process this information in a manner
which is consistent with the purposes for which it has been collected
or subsequently authorized by you.
In
addition, APP may use this information for promotional contact
or share this information with third parties to fulfill your request. That
information may be stored and maintained. Additionally, APP may
use such information to contact you regarding the Website or to
inform you of other products or services available from APP and
its affiliates. APP may also use such information to contact you
via surveys to conduct research about your opinion of current
services or of potential new services to be offered. APP may,
from time to time, contact you on behalf of external business
partners about a particular offering that may be of interest to
you.
Furthermore,
APP may disclose any information collected to the extent APP reasonably
believes that such disclosure is desirable to comply with the
law, such as in response to any subpoena, to the extent reasonably
necessary to establish or defend a legal claim and for other purposes
permitted by applicable law. Additionally, any such information
may be transferred to a third party in the event of a sale, acquisition,
merger or bankruptcy involving APP or any subsidiary or section
thereof.
If you do not wish APP to use your information in accordance with
this policy, please do not submit any personal information to
APP.
UPDATE AND OPT-OUT
If you would like to update any of your information, or if you
do not want to receive information from APP, please visit your
account page or contact us at info@allurepetproducts.com
APP
will take reasonable efforts to honor any request you make to
forgo contacts with you in the future or delete your information.
Please note that if you make an opt-out request, APP will retain
your contact information to make efforts to ensure that you are
not contacted in the future.
To
the extent required by the CAN-SPAM Act, or other similar domestic
and international regulation, commercial e-mail messages sent
by APP will also provide you with an opportunity to opt-out of
receiving this information. Please note that changes to your preferences
may not be effective immediately and will only be effective prospectively.
REVISIONS TO THE PRIVACY POLICY
The Internet and the benefits it offers are evolving rapidly,
as are the ways in which people use the Internet and the laws
surrounding such use. APP therefore reserves the right to
update and revise this Privacy Policy at any time. You can determine
if this Privacy Policy has been revised since your last visit
by referring to the "Effective Date of Current Policy"
date at the top of this page. Your use of our Website constitutes
your acceptance of the terms of the Privacy Policy as amended
or revised by us, and you should therefore review this Privacy
Policy regularly to ensure that you are aware of its terms.
CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83,
also known as S.B. 27, or the “Shine the Light” law,
allows California residents to request certain information regarding
our disclosures in the prior calendar year, if any, of their personally
identifiable information to third parties for their own direct
marketing purposes. To make such a request, please contact us
at:
info@allurepetproducts.com
with
"Request for California Privacy" in the letter subject
line. You must include sufficient detail for us to locate your
file; at a minimum, your name, email and postal address.
We will attempt to provide you with the requested information
within thirty (30) days of receipt. We reserve our right not to
respond to requests sent more than once in a calendar year, or
requests submitted to an address other than the one posted in
this notice. Please note that the California Shine the Light law
does not cover all information sharing. Our disclosure only includes
information covered by the law.
©
2009, APP, LLC. All rights reserved.
