SMS TEXTING TERMS AND CONDITIONS
Last updated and effective as of: March 9, 2018
AMERICAN PET RESORT, LLC and its affiliates (“we,” “us,” “our”) offer subscription text message programs. Customers may ask us to enroll them in a text message alert program. We will enroll you in SMS texting services, and you will have an opportunity to confirm or decline the service via a reply to an initial text message you receive from us. By replying YES to the message received from 80307 you are confirming a subscription to this text message program. Message frequency is about 4 messages a month.
We do not have a separate charge for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone.
By providing your consent to participate in our program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. We reserve the right to terminate the program and our SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. We, and the carriers, wireless service providers and network operators are not liable for delayed or undelivered messages. T-Mobile® is not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. You are responsible for managing the types of SMS texts you receive. If you have any questions or need help, text HELP to 80307, or call 1-877-738-7752.
To stop receiving text messages, text STOP, STOP ALL, END, QUIT, NO CANCEL or UNSUBSCRIBE to 80307. By enrolling in this subscription program, you consent that following such a request to unsubscribe, you will receive one (1) final message from us confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription.
We may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an "automatic telephone dialing system" or auto-dialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. By your subscription or consent to our program, you give us your express consent to to use an automatic dialing system to deliver text messages to the telephone or cell phone number to which you have directed us to transmit these text messages.
Our United States participating carriers include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, and Nemont/Sagebrush. Additional carriers may be added.
Last Updated and effective as of: January 23, 2018
1. Representations and Warranties by You
2. Use of Site Materials
You agree that, as between Pet Paradise on the one hand and yourself on the other hand, any electronic or printed information, data, images, videos, photographs, artwork or other content contained on this Website ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of Pet Paradise or third parties from whom Pet Paradise has secured permission to display such Site Materials on this Website. You acknowledge that Pet Paradise has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private use to view the content as it appears on the Website and for no other purposes or uses. You will not commercialize, sell, download, copy, license, re-license, sublicense, modify, reverse engineer, swap, re-use, create derivative works of or re-purpose the Site Materials, nor will you assist others in doing so. Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to us in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent.
3. Your Use of the Website
Pet Paradise reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant does NOT, without the prior express written permission of Pet Paradise, include the right for you to:
- publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media;
- market, sell or make commercial use of the Website or any Site Materials;
- systematically collect and use any data or content including through the use of any spiders, scrapers, robots, or similar data gathering, mining or extraction methods;
- make derivative uses of the Website or the Site Materials; or
- use, frame or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any page or form contained on a page).
You will use your best efforts to cooperate with Pet Paradise on reasonable terms and conditions in the event Pet Paradise deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to this Website.
We may permit you to book reservations and pay deposits via the Site for use of our services. All reservations and deposits are subject to our Reservation, Deposit and Cancellation Policy, the contents of which is incorporated herein by this reference.
4. Intellectual Property
This Website contains proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Website infringes upon your copyright rights, please consult section 16 set forth below.
5. DISCLAIMER OF WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND OR NATURE EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT. PET PARADISE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PET PARADISE, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. PET PARADISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, OR SERVICE PURSUANT TO YOUR USE OF THIS WEBSITE.
6. LIMITATION OF LIABILITY AND DAMAGES
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT PET PARADISE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER PET PARADISE, NOR THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO YOU OR TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE, THE SITE MATERIALS OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PET PARADISE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PET PARADISE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, PET PARADISE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
7. Indemnification of Pet Paradise
8. Injunctive and Equitable Relief
You agree that your unauthorized use of the Site Materials will cause injury to Pet Paradise that cannot adequately be remedied by money damages, and that Pet Paradise shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Website or Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If Pet Paradise is successful in securing a preliminary injunction order against you, you waive any obligation of to post a security bond in conjunction therewith.
9. No Relationship With You
You understand that Pet Paradise has not entered into any form of fiduciary or special relationship with you solely by granting you access to and use of the Website.
10. Governing Law and Venue
11. Dispute Resolution
12. NO CLASS ACTIONS AND WAIVER OF JURY TRIAL
13. Cooperation with Law Enforcement
14. Additional Terms
15. Your Submissions to the Website
Some of the services offered by Pet Paradise on the Website and other and related websites and internet domain names that may be operated by Pet Paradise or any of its affiliates or related companies (collectively, the “Sites”) may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material and content (collectively "Submissions") to the Sites, including, but not limited to, information, data, content images, video and other files and materials.
B. Your Representations and Warranties
Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
- You are the author of the Submission or the owner of all copyright and other intellectual property rights therein, or
- The Submission is not protected by copyright law, or
C. License Grant to Pet Paradise
D. Disclaimer of Responsibility for Submissions
Pet Paradise does not endorse any Submissions, nor does any Submission necessarily represent the views of Pet Paradise or their subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Pet Paradise does not control all Submissions, and disclaims any responsibility for such Submissions. Pet Paradise specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Pet Paradise does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free. Pet Paradise does not assume any responsibility or liability for any errors or omissions in the content of the Sites or in any Submissions.
E. Review and Removal of Submissions
Pet Paradise reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions.
16. Digital Millennium Copyright Act (DMCA) Procedure
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States Copyright Law. If you believe in good faith that Submissions infringe your copyright, you (or your agent) may send Pet Paradise a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information:
(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 located on the Sites are covered by a single notification, a representative list of such works);
(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 allow Pet Paradise to locate the Submission(s);
(d) the name, address, telephone number and email address (if available) of the complaining party so it may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Complaints must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA Complaints concerning materials on Sites should be sent to Pet Paradise’s Designated Agent to receive notification:
American Pet Resort, LLC
ATTN: DMCA Complaint
You may also send the required information by email to firstname.lastname@example.org with "DMCA Complaint" in the subject line.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material on a website is infringing the copyrights of others. If you are uncertain whether material on a website is infringing, Pet Paradise recommends seeking advice of an attorney.
B. DMCA Counter Notification
If Pet Paradise removes or disables access to content in response to a DMCA Complaint, Pet Paradise will make reasonable attempts to contact the owner of the removed or disabled content, or the owner’s agent. If Pet Paradise removed your material pursuant to another person’s DMCA Complaint and you contend that such material does not infringe upon another’s copyright rights, you may provide Pet Paradise with a counter-notification containing the following details:
(a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(b) your name, address and telephone number;
(c) a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Pet Paradise may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
(d) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; and
(e) your physical or electronic signature.
You must send this notification to the following address:
American Pet Resort, LLC
ATTN: DMCA Counter Notification
You may also send the required information by email to email@example.com with "DMCA Counter Notification" in the subject line.
In addition to the foregoing, the DMCA Counter Notification should contain all of the necessary information required by the DMCA, which can be found at http://www.copyright.gov/. Please note, however, that this is not a substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.