Terms of Use
Introduction and Acceptance Please read these terms of use carefully before using BusyPawsLLC.com (hereinafter, “us”, “we”, or “BusyPawsLLC.com”). By accessing and/or using BusyPawsLLC.com you agree to comply with these terms of use, which may change from time to time as set forth in Amendment; Additional Terms section below. If you do not agree to be bound by these terms of use, do not access or use BusyPawsLLC.com.
You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of BusyPawsLLC.com and the materials and information available on the same.
Intellectual Property BusyPawsLLC.com and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Websites are owned by us, our licensors, or both. You shall not acquire any right, title or interest in our Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
BusyPawsLLC.com Access and Use
1. When accessing our Websites, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
2. Furthermore, except as expressly permitted in these Terms of Use, you may not:
A. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on BusyPawsLLC.com or Website Content;
B. Circumvent, disable or otherwise interfere with security-related features of our Websites including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Websites or Website Content;
C. Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our Websites or Website Content for any purpose without the express written permission of BusyPawsLLC.com. Notwithstanding the foregoing, BusyPawsLLC.com grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. BusyPawsLLC.com reserves the right to revoke this permission (generally or specifically) at any time;
D. Collect or harvest any personally identifiable information from our Websites including, without limitation, user names, passwords, email addresses;
E. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
F. Attempt to or interfere with the proper working of our Websites or impair, overburden, or disable the same;
G. Decompile, reverse engineer, or disassemble any portion of any our Websites;
H. Use network-monitoring software to determine architecture of or extract usage data from any of our Websites;
I. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in Section B) without permission, etc.);
J. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
K. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Websites.
3.You agree to cooperate fully with BusyPawsLLC.com to investigate any suspected or actual activity that is in breach of these Terms of Use.
Website Content & Third Party Links
1. We provide our Websites and Website Content, for the commercial, entertainment and promotional purposes of providing web-based services for the web design and web development of others. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
2. In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our Websites by anyone other than authorized employees or spokespersons while acting in their official capacities.
3. If there is a dispute between persons accessing our Websites or between persons accessing our Websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release BusyPawsLLC.com and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
4. Our Websites may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Indemnification You agree to indemnify and hold harmless BusyPawsLLC.com and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of our Websites; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Disclaimers YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITES IS AT YOUR SOLE RISK. OUR WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, BUSYPAWSLLC.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF BUSYPAWSLLC.COM; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITES OR ACCESSED THROUGH ANY OF OUR WEBSITES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES; (6) WARRANTIES THAT YOUR USE OF THE WEBSITES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation on Liability
1. UNDER NO CIRCUMSTANCES SHALL BUSYPAWSLLC.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BUSYPAWSLLC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITES.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BUSYPAWSLLC.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY BUSYPAWSLLC.COM DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR WEBSITES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
3. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
Copyright Policy
1. BusyPawsLLC.com respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, BusyPawsLLC.com may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, BusyPawsLLC.com may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
2. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). BusyPawsLLC.com’s Designated Agent can be contacted here:
Phone: (816) 807.5005
Email: Contact@BusyPawsLLC.com
3. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
E. 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.
F. 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.
4. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Amendment; Additional Terms
1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Websites or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Websites generally, unique parts of our Websites, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Websites or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Websites from time to time for any changes or Additional Terms. Your access and use of any our Websites following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in Section B herein or, if you do not have an Membership, your only recourse is to immediately discontinue use of our Websites.
Miscellaneous
1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
2. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
3. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. BusyPawsLLC.com may assign these Terms of Use or any rights hereunder without your consent and without notice.