PAWS PET RESORT WEBSITE USER AGREEMENT
Effective December 1st, 2017
The following terms and conditions apply to your use of and access to the website www.pawspetresort.com, (the "Paws Pet Resort Website"), which is owned and operated by Paws Pet Resort, Inc. dba Paws Pet Resort, (“Paws Pet Resort”) and is designed to inform you about our company and its products and services and provide reservation services (collectively, "Paws Pet Resort Services"). The terms "we" or "us" or "our" refer to Paws Pet Resort, and the terms "you" or "your" refer to you, the person using or accessing the Paws Pet Resort Website.
Paws Pet Resort Services are provided to you subject to separate, specific terms and conditions for services provided by Paws Pet Resort, which govern in the event of any inconsistency with this Agreement. By using or accessing the Paws Pet Resort Website, you agree to these terms and conditions, including all additional Paws Pet Resort policies incorporated by reference and/or described below (collectively, this "Agreement"). To use the Paws Pet Resort Website, you represent that you are at least 18 years of age and fully competent to enter into this Agreement. If you do not wish to be bound by this Agreement, you should not access, subscribe to, or otherwise use the Paws Pet Resort Website. Paws Pet Resort may modify this Agreement at any time without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at www.pawspetresort.com.
1. Registration and Information Provided. On the Paws Pet Resort Website, you agree to provide information which is accurate, complete, and not misleading, and update all such information to maintain its accuracy and completeness. Paws Pet Resort may restrict, suspend, or terminate your access to the Paws Pet Resort Website without notice, including if we determine or reasonably suspect, in our sole discretion, that you have provided inaccurate, incomplete, or deceptive information. In such instances, you agree Paws Pet Resort will not be liable to you or any third party for such restriction, suspension, or termination.
2. Account Security. You agree to keep confidential all passwords, user IDs, IP addresses, account identifiers, and other Paws Pet Resort Website-entry materials (collectively, "Your Identifiers"), and you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur on the Paws Pet Resort Website related to Your Identifiers, your Paws Pet Resort account information, credit card/debit card/account numbers, or bank or financial institution information. You agree to immediately notify Paws Pet Resort if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of Your Identifiers by contacting Paws Pet Resort. You also agree to periodically change your passwords. You authorize Paws Pet Resort to provide information about and to make changes to Your Identifiers upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access Your Identifiers on your behalf, such as through the public Internet. Paws Pet Resort will not be liable for any actions, claims, costs, damages, or expenses arising from Your Identifiers being lost or stolen. You acknowledge this risk as inherent to the nature of using and accessing the Paws Pet Resort Website and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
3. Applicable Policies. You agree to comply with applicable Paws Pet Resort policies and all Copyright Notices, as posted to www.pawspetresort.com (or successor URL) and incorporated by this reference, when you use the Paws Pet Resort Website. If you do not agree with the terms of any of these policies, do not use the Paws Pet Resort Website. The Paws Pet Resort Website utilizes, in whole or in part, the public Internet and third party networks to transmit information, including Your Identifiers and information related to you. You acknowledge and understand that Paws Pet Resort cannot guarantee that the Paws Pet Resort Website is completely secure or without threats. Paws Pet Resort is not liable for any lack of privacy which may be experienced with regard to the Paws Pet Resort Website. Paws Pet Resort may, but is not obligated to, monitor the Paws Pet Resort Website for various purposes, and Paws Pet Resort and its third-party vendors may access and use information regarding performance of the Paws Pet Resort Website to perform maintenance, support, and other service-quality activities.
4. Copyrights. The content, names, images, text, programs, graphics, and other materials found or displayed on the Paws Pet Resort Website (collectively, "Materials"), and any software accessed or downloaded to enable such items ("Software") are protected by applicable copyright and trademark laws and are the sole property of Paws Pet Resort, its subsidiaries or affiliates, or third-party content providers with whom Paws Pet Resort has a relationship. Paws Pet Resort reserves all rights related to Materials and Software. Any use of Materials and Software outside or beyond your permitted use of the Paws Pet Resort Website is strictly prohibited without the express written consent of Paws Pet Resort. Any unauthorized use of Materials or Software which violates copyright or trademark laws may result in criminal or civil penalties. Subject to this Agreement, you are granted a limited, non-sublicensable right to access the Paws Pet Resort Website, Materials, and Software for your personal, non-commercial use.
5. Trademarks and Service Marks. Trademarks used or displayed on the Paws Pet Resort Website are owned by Paws Pet Resort or third parties with whom Paws Pet Resort has a relationship and who provide products and services on or through the Paws Pet Resort Website. Paws Pet Resort's trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks may not be copied, used, or modified in any form or manner. Trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks of any other companies or entities that appear on the Paws Pet Resort Website is the property of their respective owners and such owners may not be affiliated with Paws Pet Resort. You will not use any meta tags or any other hidden text using any Paws Pet Resort name, trademark, or service mark.
6. Order Information. Paws Pet Resort may establish and implement processes and procedures impacting reservations that are placed on, through, or with the assistance the Paws Pet Resort Website, including requiring you to validate information or placing limits on the quantity, nature, or type of Paws Pet Resort Services available to you. In its sole discretion, Paws Pet Resort may cancel or reject reservations for Paws Pet Resort Services at any time.
7. Access to and Permissible Use of the Paws Pet Resort Website. You agree not to use the Paws Pet Resort Website for any unlawful, abusive, or fraudulent purpose, including without limitation, using the Paws Pet Resort Website brand, avoids your obligation to pay for Paws Pet Resort Services, constitutes a criminal offense, gives rise to a civil liability, or otherwise violates any law or regulation. Paws Pet Resort will make reasonable attempts to provide uninterrupted service, but there may be instances where the Paws Pet Resort Website is delayed, impaired or impossible (collectively, "Technical Issues"). Should you experience any Technical Issues, you are to promptly contact Paws Pet Resort. Paws Pet Resort will not be liable to you for any loss of information, blockages or delays affecting data, information, notifications, purchases or any other aspect of the Paws Pet Resort Website due to Technical Issues. You will use the Paws Pet Resort Website in a manner consistent with this Agreement, and not take any of the following actions with respect to the Paws Pet Resort Website or use the Paws Pet Resort Website to provide, transmit, email, link or otherwise make available any content in a manner that:
a. uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Paws Pet Resort Website or otherwise monitors or copies any portion of the Paws Pet Resort Website or a Paws Pet Resort Service;
b. contains software viruses, worms, time bombs, corrupted files, trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
c. disrupts, interferes or inhibits any other user from using or enjoying the Paws Pet Resort Website or other affiliated or linked websites, material, contents, products and/or services, including Paws Pet Resort Services;
d. creates a false identity for the purpose of misleading others;
e. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
f. uses any Paws Pet Resort domain name as a pseudonymous return email address;
g. constitutes or contains any offer for unsolicited or unauthorized advertising or offers for goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose, including junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
h. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
i. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the Paws Pet Resort Website;
j. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Paws Pet Resort Website, use of the Paws Pet Resort Website, or access to the Paws Pet Resort Website;
k. publishes, publicly performs or displays, or distributes to any third party any content, including reproduction on any computer network or broadcast or publications media;
l. systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
m. makes derivative uses of the Paws Pet Resort Website or any content on the Paws Pet Resort Website;
n. uses, frames, or utilizes framing techniques to enclose any portion of the Paws Pet Resort Website (including images found at the Paws Pet Resort Website or any text or the layout/design of any page or form contained on a page); and/or
o. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Paws Pet Resort Website. For purposes of this Agreement, "reverse engineering" includes the examination or analysis of the Paws Pet Resort Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Paws Pet Resort Website's underlying technology.
8. Disclaimer of Warranties. Paws Pet Resort makes no warranty, guarantee, or representation that your use of the Paws Pet Resort Website will be protected from viruses, security threats, or other threats or vulnerabilities. Paws Pet Resort also does not warrant that information on the Paws Pet Resort Website, including information related to Paws Pet Resort Services, is accurate, complete, or current. It is possible that pricing or service capabilities described for Paws Pet Resort Services on the Paws Pet Resort Website have changed. In all such instances, Paws Pet Resort will make reasonable efforts to address the error as soon as practicable. The Paws Pet Resort Website and all related information, content, and supporting systems are made available to you "as is", "with all faults", and "as available" and Paws Pet Resort does not warrant, in any way, the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, noninfringement, merchantability, or fitness for a particular purpose of such items. You access the Paws Pet Resort Website at your own risk. You understand and agree that you are solely responsible for any damages to your computer system or loss or theft of data or information that results from your use of the Paws Pet Resort Website or downloading of any material accessed from or otherwise provided through the Paws Pet Resort Website. Paws Pet Resort does not guarantee that the Paws Pet Resort Website will be error-free, continuously available, or free of harmful components, including, without limitation, viruses, worms, trojan horses, or other programs that are capable of disabling, damaging, interfering, altering, intercepting, or otherwise impacting or affecting the Paws Pet Resort Website or any Paws Pet Resort systems, network, or services, or your computer, mobile device, supporting equipment, or any other hardware, software, network, or other systems.
9. Limitations of Liability. Under no circumstances will Paws Pet Resort, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers be liable to you or any other party for damages arising out of or in a connection with any act or omission by you or another person or entity, any failure or delay in making the Paws Pet Resort Website available to you for any reason at any time, or content or information accessed while you use the Paws Pet Resort Website, any cause of action resulting from your use or attempted use of the Paws Pet Resort Website in any manner, or any transaction performed or attempted to be performed on or through the Paws Pet Resort Website. This is a comprehensive limitation of liability that applies to damages of any kind, including compensatory, incidental, consequential, direct, indirect, punitive, or special damages, whether in contract, tort, strict liability, or otherwise, including, without limitation, lost profits or revenue, loss of opportunity, and cost of replacement services.
10. Indemnification. You agree to indemnify, defend and hold harmless Paws Pet Resort, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, made by a third party arising from or in connection with any violation of this Agreement or applicable law by you, any violation of any rights of a third party by you, and any information or content that you submit or make available to Paws Pet Resort, including provided through the Paws Pet Resort Website.
11. Governing Law. This Agreement is governed by and construed under the laws of the State of South Dakota, without regard to its conflict of laws principles. All actions or proceedings arising from this Agreement shall be brought in Lincoln County, South Dakota.
a. Notice. If we send you a notice, it will be considered given when delivered to you via email as addressed to the then-current email address provided to us by you. Our notice to you will also be effective if provided on any invoice or by telephone, if applicable, or, when posted online, the actual date such notice is posted to www.pawspetresort.com. If you have a dispute or want to provide notice to us related to any matter, you agree to notify Paws Pet Resort customer service at the number listed on the Paws Pet Resort Website and provide all requested information, or write us at Paws Pet Resort, Inc., 7121 S. Cliff Ave, Sioux Falls, SD 57108. You agree that Paws Pet Resort may contact you via email at the email address you provide to us when you use the Paws Pet Resort Website or any subsequent email address you provide us. You will provide us with any changes to your email address by updating that address in the manner prescribed to you by Paws Pet Resort.
b. Other. This Agreement contains the entire agreement between Paws Pet Resort and you related to the Paws Pet Resort Website, and any other written or oral statements do not change this Agreement. Neither the course of conduct between you and Paws Pet Resort nor trade practices will act to modify any provision of this Agreement. Paws Pet Resort may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is found to be unenforceable or invalid, this Agreement's unaffected provisions will remain in effect. If either you or Paws Pet Resort fails to enforce or waives any requirement under this Agreement that does not waive that party's right to later enforce that requirement in the future.