Terms of Service

Thank you for your interest in using the online services (the “Services”) operated by Pet Food Express, Ltd. (“Pet Food Express”) and offered through the Web site located at http://petfoodexpressadoptions.com (the “Site”).  These Terms of Service (“Terms”) govern your use of the Service and the Site (collectively, the “Pet Food Express Adoptions Network”).  Please read these Terms carefully.  By using the Pet Food Express Adoptions Network, you are stating that you have read and understand, and agree to be bound by, these Terms.  If you do not agree to these Terms, you are not permitted to use the Pet Food Express Adoptions Network.

1.         Your Responsibilities.  You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Pet Food Express Adoptions Network and for paying all charges related thereto.  When you use the Pet Food Express Adoptions Network, Pet Food Express collects certain personal information about you.  You agree that Pet Food Express may use any information Pet Food Express obtains about you in accordance with the provisions of Pet Food Express’s Privacy Policy.  With respect to any information you provide through the Pet Food Express Network, you agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.  In addition, you agree not to use the Pet Food Express Adoptions Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the Pet Food Express Adoptions Network or servers or networks connected to the Pet Food Express Adoptions Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the Pet Food Express Adoptions Network.

2.         Postings.  The Pet Food Express Adoptions Network may provide you and other users the opportunity to submit, post, and display information, ideas, opinions, and other materials (collectively, “Postings”). Postings do not reflect the views of Pet Food Express.  Pet Food Express does not pre-screen Postings and you agree that you are solely responsible for all of your Postings.  Pet Food Express is not required to host, display, or distribute any Postings, and may remove at any time or refuse any Postings.  Pet Food Express is not responsible for any loss, theft, or damage of any kind to any Postings and assumes no responsibility or liability arising from the content of any such Postings.  If you choose to submit any Postings, you grant to Pet Food Express and Pet Food Express’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Postings (in whole or in part) in any format or medium now known or later developed (including incorporating the Postings into any other product or service).  You represent and warrant that your Postings will not infringe the intellectual property, privacy, or any other proprietary, legal, or moral rights of any third party.

3.         Copyright Infringement.  Pet Food Express respects the intellectual property rights of others.  Accordingly, Pet Food Express has a policy of removing Postings that violate copyright law, suspending access to the Pet Food Express Adoptions Network (or any portion thereof) to any user who uses the Pet Food Express Adoptions Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Pet Food Express Adoptions Network in violation of copyright law.  Pursuant to Title 17 of the United States Code, Section 512, Pet Food Express has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.  If you believe your copyright is being infringed by a user of the Pet Food Express Adoptions Network, please provide written notice to the following Pet Food Express agent for notice of claims of copyright infringement.

Michael Levy, President
Mark Witriol,Vice-President
Pet Food Express, Ltd.
500 85th Avenue
Oakland, CA 94621
Tel:  (510) 924-3300
Fax: (510) 924-3233

Email:  webadmin@petfoodexpress.com

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Pet Food Express to locate that material; (d) contain adequate information by which Pet Food Express can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.  Please do not send notices or inquiries unrelated to alleged copyright infringement to Pet Food Express’s designated agent.

4.         Termination.  Pet Food Express may terminate your Northern California Pet Adoptions Network membership or suspend your access to all or part of the Northern California Pet Adoptions Network, without notice, if you violate these Terms or you engage in any conduct that Pet Food Express, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Pet Food Express, any other Northern California Pet Adoptions Network user, or any third party.  YOU AGREE THAT PET FOOD EXPRESS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR POSTINGS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK (OR ANY PORTION THEREOF).  You may discontinue your participation in and access to the Northern California Pet Adoptions Network at any time.  Pet Food Express reserves the right to investigate your use of the Northern California Pet Adoptions Network in the event Pet Food Express, in its sole and absolute discretion, believes you have violated these Terms.

5.         Modifications To Terms.  Pet Food Express may, in its sole and absolute discretion, change these Terms from time to time.  Pet Food Express will post notice of such changes on the Site.  If you object to any such changes, your sole recourse shall be to cease using the Northern California Pet Adoptions Network.  Continued use of the Northern California Pet Adoptions Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

6.         Modifications To Northern California Pet Adoptions Network.  Pet Food Express reserves the right to modify or discontinue the Northern California Pet Adoptions Network with or without notice to you.  YOU AGREE THAT PET FOOD EXPRESS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD PET FOOD EXPRESS EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK.

7.         Fees.  Pet Food Express reserves the right at any time to charge fees for access to new Northern California Pet Adoptions Network content or services or to portions of the existing Northern California Pet Adoptions Network content or services or to the Northern California Pet Adoptions Network as a whole.  In no event will you be charged for access to any Northern California Pet Adoptions Network content or service, or to the Northern California Pet Adoptions Network as a whole, unless we obtain your prior agreement to pay such charges.  If you do not consent to such charges, however, you may not have access to paid content or services.

8.         Password and Security.  You are responsible for maintaining the confidentiality of your Northern California Pet Adoptions Network password, if any, and you are solely responsible for all activities that occur under your password.  You agree to immediately notify Pet Food Express of any unauthorized use of your password or any other breach of security related to the Northern California Pet Adoptions Network.  Pet Food
Express reserves the right to require you to alter your password if Pet Food Express believes that your password is no longer secure.  YOU AGREE THAT PET FOOD EXPRESS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

9.         Links.  Pet Food Express’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Pet Food Express’s endorsement of such other Web site or resource or its contents.  YOU AGREE THAT PET FOOD EXPRESS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

10.       No Commercial Use.  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Northern California Pet Adoptions Network, use of Northern California Pet Adoptions Network, or access to the Northern California Pet Adoptions Network.  The Northern California Pet Adoptions Network is provided solely for your personal, noncommercial use.

11.       Disclaimer of Warranties.  YOU EXPRESSLY AGREE THAT USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK IS AT YOUR SOLE RISK.  THE  NORTHERN CALIFORNIA PET ADOPTIONS NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  PET FOOD EXPRESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).  PET FOOD EXPRESS MAKES NO WARRANTY THAT THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  PET FOOD EXPRESS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NORTHERN CALIFORNIA PET ADOPTION NETWORK, OR THAT DEFECTS IN THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK WILL BE CORRECTED.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PET FOOD EXPRESS OR THROUGH THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

12.       Limitation of Liability.  YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PET FOOD EXPRESS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE NORTHERN CALIFORNIA PET ADOPTIONS NETWORK.

13.       Exclusions And Limitations.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent that Pet Food Express may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Pet Food Express’ liability shall be the minimum permitted under such applicable law.

14.       Indemnification.  You agree to indemnify, defend, and hold harmless Pet Food Express, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.  Pet Food Express reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pet Food Express’s defense of such claim.

15.       Trademarks.  “PET FOOD EXPRESS” and the Pet Food Express design, “NORCALPETADOPTIONS.COM” and the Northern California Pet Adoptions design, as well as certain other of the names, logos, and materials displayed in the Northern California Pet Adoptions Network constitute trademarks, tradenames, service marks or logos (“Marks”) of Pet Food Express or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remains with Pet Food Express or those other entities.

16.       Copyrights; Restrictions on Use.  The content on the Site (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Pet Food Express or its licensors.  The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Pet Food Express and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use.  Notwithstanding the foregoing, from time to time Pet Food Express may permit you to distribute clips of certain Content, provided that you do so only on your own personal, non-commercial Web pages.  You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.  The forgoing restrictions, however, shall not apply with respect to your own Postings.

17.       Miscellaneous.  These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that Pet Food Express makes available through the Northern California Pet Adoptions Network and any additional terms to which you agree when using particular elements of the Northern California Pet Adoptions Network, constitute the entire and exclusive and final statement of the agreement between you and Pet Food Express with respect to the subject matter hereof, and govern your use of the Northern California Pet Adoptions Network, superseding any prior agreements or negotiations between you and Pet Food Express with respect to the subject matter hereof.  These Terms and the relationship between you and Pet Food Express shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence.   All lawsuits arising from or relating to these Terms or your use of the Northern California Pet Adoption Network shall be brought in the Federal or State courts located in Alameda County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.  The failure of Pet Food Express to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Pet Food Express and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Northern California Pet Adoption Network or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Northern California Pet Adoptions Network.

Version:  December 2010

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