Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. We maintain this web site as a service to our
customers, and by using our site you are agreeing to comply with and be bound by
the following terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree to the
terms and conditions, you should not review information or obtain goods,
services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A
U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
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Acceptance of Agreement. You agree to the terms and conditions outlined
in this Terms and Conditions of use Agreement ("Agreement") with respect to
our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to
the Site, the content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may be amended by
us at any time and from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
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Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any
right in such information and materials.
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Fraud: By becoming a member, you confirm that the information provided
in this form is true and that you agree to abide by the Terms and Conditions
of use of this site. Please note that your membership can be cancelled
without notice if it is determined that false or misleading information has
been provided, the Terms and Conditions of use have been violated, or other
abuses have occurred as determined by Lifesavers Spay & Neuter Service
in its sole discretion. If membership has been revoked,
Lifesavers Spay & Neuter Service reserves the right to refuse
application or readmission to the membership program.
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Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or document
may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use (but not
for resale or redistribution).
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Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site, including this Agreement, without further notice to
users of the Site.
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Indemnification. You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or
use of the Site.
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Nontransferable. Your right to use the Site is not transferable. Any
password or right given to you to obtain information or documents is not
transferable and may only be used by you.
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Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
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Limits. All responsibility or liability for any damages caused by
viruses contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY
TO USE OUR SITE. Our maximum liability to you under all circumstances will
be equal to the purchase price you pay for any goods, services or
information.
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Use of Information. We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
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Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are responsible for
all aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and
Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
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Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while on
such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments on behalf of
the other.
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Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a part of this
Agreement.
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Payments. You represent and warrant that if you are purchasing something
from us or from our Merchants that (i) any credit card information you
supply is true, correct and complete, (i) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any shipping fees and
applicable taxes.
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Securities Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
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Links to Other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions express in such
Web sites, and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so at
your own risk.
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Submissions. All suggestions, ideas, notes, concepts and other
information you may from time to time send to us (collectively,
"Submissions") shall be deemed and shall remain our sole property and shall
not be subject to any obligation of confidence on our part. Without limiting
the foregoing, we shall be deemed to own all known and hereafter existing
rights of every kind and nature regarding the Submissions and shall be
entitled to unrestricted use of the Submissions for any purpose, without
compensation to the provider of the Submissions.
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Return Policy. Due to the nature of our online site, and the products
listed, we Lifesavers Spay & Neuter Service, have a strict NO RETURN policy
for any product. No product shall be able to be returned for a like item, or
for a cash refund.
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Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING
DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY
SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN
THE COMMON PLEAS COURT OF LORAIN COUNTY, OHIO OR THE UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF OHIO. YOU ARE EXPRESSLY SUBMITTING
AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING
IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT LORAIN, OHIO
OR THE 9TH DISTRICT OF OHIO IS AN INCONVENIENT FORUM OR AN IMPROPER
FORUM BASED ON LACK OF VENUE. This site is created and controlled by
Lifesavers Spay & Neuter Service which is located in the State of Ohio. As
such, the laws of Ohio will govern the terms and conditions contained in
this Agreement and elsewhere throughout the Site, without giving effect to
any principles of conflicts of laws.
- Lapsed Accounts: In order to
keep Lifesavers Spay & Neuter Service membership roster
current, if a Member does not access his or her account for a period of 365
days or more, Lifesavers Spay & Neuter Service may, in its
sole discretion, terminate such Member's account. Lifesavers Spay & Neuter
Service will endeavor to notify a Member of Lifesavers Spay &
Neuter Service intent to terminate such Member's account by
notice to such Member's provided email address at least 365 days prior to
deactivation. If the Member fails to respond to such email notice with 365
days after the day it is sent by Lifesavers Spay & Neuter Service, such
Member's account will be terminated as noted above. Therefore, Lifesavers
Spay & Neuter Service strongly recommends that all Members
keep their accounts and contact data current and in use. While Lifesavers
Spay & Neuter Service desires to prevent active accounts from being
terminated prematurely, Lifesavers Spay & Neuter Service has
no obligation to maintain accounts that appear to Lifesavers Spay & Neuter
Service to have been abandoned. Each Member agrees that
failure to access his or her account for 365 days or more conclusively
indicates that such Member's account has been abandoned and that the account
may therefore be terminated.
- Verify Members' Address:
Lifesavers Spay & Neuter Service reserves the right to contact a Member via
email to verify the accuracy of account information (including the Member's
correct name and address) that is needed to provide the Member with the
information he or she requested from Lifesavers Spay & Neuter Service.