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Agreement to be bound by Terms of Service

Coolpets.com is a website for sharing pet facts and photos with fellow pet owners. It is operated by Arcavate Corporation, a small privately held company in Charlotte, North Carolina.

These Terms of Service set forth the legally binding terms for your use of the Coolpets.com website. By visiting, using and/or completing the registration process for Coolpets.com, you agree to be bound by these Terms of Service.

Please read these Terms of Service carefully. If you do not agree with them, you should leave Coolpets.com immediately.

  Privacy policy
Please review our Privacy Policy, which also governs your visit to and use of Coolpets.com.
  User responsibility to protect account information:

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You further agree to accept responsibility for all activities that occur under your account or password.

You will immediately notify Coolpets.com of any unauthorized use of your account, password, or any other breach of security. Coolpets.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

  Electronic communications

When you visit Coolpets.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  Feedback

Any comments or materials sent to Coolpets.com, including feedback data, such as questions, comments, or suggestions regarding the Site or any other products or programs of Coolpets.com are non-confidential. Coolpets.com has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, Coolpets.com is free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such Feedback.

  License to access site

Coolpets.com grants you a limited license to access and make personal use of this Site.

This license does not include the right to download (other than page caching) or modify the Site or any portion of the Site, except with express written consent of Coolpets.com.
This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of membership information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Coolpets.com.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Coolpets.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Coolpets.com’s name or trademarks without the express written consent of Coolpets.com.

Coolpets.com reserves the exclusive right to terminate and/or revoke this license at any time, for any reason, without or without notice to the Site user.

  Your Registration and Account
In order to access certain Coolpets.com services and to establish an account, you must provide Coolpets.com with certain information ("Registration Data") requested on the registration form.
You agree that the Registration Data you provide:

  • is true, accurate, current and complete, and

  • will be maintained and updated by you to keep it true, accurate, current, and complete.
    Coolpets.com reserves the right to terminate your use of this Site and refuse to provide you with any current or future use of this Site if Coolpets.com, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current, or incomplete.
Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by Coolpets.com in its sole discretion.
  Registry Information Download
As part of the registration process described above and once you have submitted the information specified above, the Site software automatically collects certain information from your computer, including but not limited to your Internet address, browser type, operating software, computer language, and email type. You agree to allow the Site’s software to obtain this information and not to manipulate or falsify such information.
  User Conduct
By visiting, using, and/or registering for an account with Coolpets.com, you agree not to use the Coolpets.com to:
  • violate or solicit the violation of any applicable local, state, national or international law;

  • infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;

  • upload, post, email or otherwise transmit any Content that

    1. is unlawful, threatening, abusive, defamatory, obscene, libelous, or invasive of another's privacy;

    2.consists of instructional information on illegal activities, including but not limited to, hacking, cracking, and breaking;

    3. violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos, or artwork;

    4. constitutes pornography or sexual material of an obscene nature or that violates local, state, or national laws;

    5. is the private information of another, including but limited to their address, phone number, Social Security number, or credit card number;

    6. contains software viruses, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or

    7. you do not have a right to upload or post due to contractual or other legal obligation.

  • impersonate any person or entity, including but not limited to a Coolpets.com official, forum leader, guide, or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;

  • interfere with or disrupt the Site, computer servers, or boards accessible through the Site; and

  • disseminate off-topic messages on boards promoting any product, service, website, board, or venture.

    If, in the sole discretion of Coolpets.com, you use the Site and/or services offered therein to commit any of the above, Coolpets.com may terminate your account and/or ability to use the Site, as well as remove any related Content from the Site, without or without notice.


  Content accessible through site

Coolpets.com contains a variety of information: data, messages, directions, computer programs, pictures, audio/visual works, and other materials that users post and/or create. You understand and agree that any Content posted on Coolpets.com is the exclusive responsibility of the user who posted or uploaded it. You further agree that you will be solely responsible for any Content that you upload, post, email, or otherwise transmit via Coolpets.com. You acknowledge that Coolpets.com is not responsible for, does not control, does not endorse, and does not verify the Content posted to the Site or available through the Site.

You also agree that Coolpets.com makes no guarantee regarding the reliability, accuracy, legitimacy, or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity, or legitimacy of such Content. Under no circumstances will Coolpets.com be liable to you in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via Coolpets.com.

Please note that because users can post Content through the Site without Coolpets.com’s approval, some Content may be considered inappropriate and harmful to minors. In order protect minors from such Content, you can retain a third-party service provider to block inappropriate Content from displaying on your web browser. Coolpets.com does not and cannot endorse the quality and capabilities of such services.

  Our right to access and/or modify site Content

You acknowledge that Coolpets.com does not prescreen Content. However, you agree that Coolpets.com shall have the right, but not the obligation, to access, rearrange, modify, and/or remove or restrict access to any Content on the Site at any time, in its sole discretion, with or without notice. Without limiting the foregoing, Coolpets.com shall have the right to access and remove or restrict access to any Content that violates these Terms of Service or that Coolpets.com, in its sole discretion, believes is otherwise objectionable.

  Our right to disclose site content
You acknowledge and agree that Coolpets.com may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure by us is reasonably necessary to comply with legal process; enforce these Terms of Service; respond to claims that any Content violates the rights of third parties; or protect the rights, property, or personal safety of Coolpets.com, its users, and the public.
  Our right to reproduce and/or publish site content

You grant Coolpets.com the world-wide, perpetual, royalty-free, and non-exclusive license to reproduce, modify, adapt, distribute, and publish any Content (including the likeness and name of individuals and pets contained therein) you post, upload, and/or contribute to Coolpets.com, for any reason, in any media, and at any time.

  Other websites to which Coolpets.com may link or refer to

Coolpets.com is not responsible in any way for, and does not guaranty the availability of, any email from or links to third party websites and any other resources which may be accessed through Coolpets.com. In addition, Coolpets.com does not endorse and is not responsible or liable for any Content, advertising, goods or services, or other materials available on or from such websites or resources. Coolpets.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, goods or services, or other materials on or available from such websites or resources.

  Damage caused to site

Any attempt to deliberately damage any part of this Site or to undermine the operation of the Site and its Contents is a violation of criminal and civil laws. Should such an attempt be made, Coolpets.com reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.

  Trademarks
COOLPETS.COM and other Coolpets.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Coolpets.com in the United States and/or other countries.

Coolpets.com’s trademarks and trade dress may not be used in connection with any product, service, and/or contest that is not Coolpets.com’s.
  Copyright

All Content included on this Site, including but not limited to text, graphics, logos, button icons, images, digital downloads, and data compilations, is the property of Coolpets.com and is protected by United States and international copyright laws. All software used on this Site is the property of Coolpets.com or its software suppliers and is protected by United States and international copyright laws.

If you believe that any material available through Coolpets.com infringes upon any copyright you own or control, or that any link on the Coolpets.com directs users to another website that contains material that you own or control, contact Arcavate Corporation, 11508 H Providence Road, Suite 201 Charlotte, NC 28277
  Disclaimer of warranties and limitation of liability

This site is provided by coolpets.com on an "as is" and "as available" basis. Coolpets.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, or materials included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, coolpets.com disclaims all warranties, express or implied.

Coolpets.com does not warrant that this site, its servers, or e-mail sent from coolpets.com are free of viruses or other harmful components.

Coolpets.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, whether or not coolpets.com has been advised of the possibility of such damages.

Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the coolpets.com service, from inability to use the coolpets.com service, or from the interruption, suspension, or termination of the coolpets.com service (including such damages incurred by third parties), and notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

  Hold harmless and indemnify
You agree to hold harmless, defend, and indemnify Coolpets.com, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors, and assignees from all liabilities, claims, demands, damages, and expenses of every kind and nature that are due to or that arise from your use or misuse of Coolpets.com or for infringement by you of intellectual property rights or other rights of any third party.
  Arbitration and disputes

As a condition of visiting, using, and/or registering for account with Coolpets.com, you agree that any and all disputes relating in any way to your visit to Coolpets.com shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.

Furthermore, in any such dispute, under no circumstances will the user be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than the user's actual out-of-pocket expenses. User further waives all rights to have damages
multiplied or increased.

The above stipulations relating to arbitration of disputes do not apply to Coolpets.com’s right to seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina if you have in any manner violated or threatened to violate Coolpets.com’s intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

  Jurisdiction and interpretation of Terms of Service
These Terms of Service are governed by the laws of the State of North Carolina, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Mecklenburg County, North Carolina. You hereby consent to the exclusive personal jurisdiction of the courts in Charlotte, Mecklenburg County, North Carolina for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Services. The exclusive venue for such action shall be ???. If such dispute does not fall within the jurisdiction of (??? court), then the exclusive venue for such action shall be (??? court). You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to these Terms of Service adjudicated or resolved in that jurisdiction.
  Termination of user rights
Your rights under these Terms of Service automatically terminate if you fail to comply with any terms contained herein. No notice is required from Coolpets.com to effectuate such termination. Additionally, Coolpets.com may terminate this agreement between you and Coolpets.com at any time and for any reason. Coolpets.com may effect notice of termination through any means, including but not limited to posting such notice on the Coolpets.com Site or otherwise publicly declaring such termination. Upon termination, you must immediately stop using the Site.
  Reservation of Rights

Coolpets.com reserves all rights not granted in these Terms of Service.

  Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
  Exclusive right to modify Terms of Service and Coolpets.com

We reserve the exclusive right to modify or terminate Coolpets.com for any reason, without notice, and without liability to you or any other third party. We reserve the right, at our sole discretion, to make changes to our Site, policies, and these Terms of Service at any time, with or without notice to you. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

  Exclusivity
This Agreement constitutes the complete and exclusive agreement between you and Coolpets.com and supersedes any other oral or written communications between the parties regarding the subject matter herein.
  Contact information

For any questions or concerns regarding these terms of service, please contact:

Arcavate Corporation, 11508 H Providence Road, Suite 201, Charlotte, NC 28277 
   
  Legal notice: Although, we may have our favorites, Coolpets.com does not discriminate against any cool pet. We allow dogs, cats, birds, fish, reptiles, and even lobsters
(yes, we have a member with a lobster family pet) to be a part of the coolpets.com family. Our legal team has strongly suggested that we advise you, that even though all your pets may get along perfectly and even be in each other's friend's or family lists on coolpets.com, that in a live situation, there may be some minor or major tussles.