Ainsworth Pet Nutrition, LLC, as well as its various subsidiary and affiliated companies (collectively, “Ainsworth”), hopes you enjoy visiting our various websites and that all visitors find our websites fun, informative and helpful for you and your pet’s health and nutrition needs.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND AINSWORTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.
General Conditions and Basic Terms:
Copyright & Digital Millennium Copyright Act:
(a) The copyright owner’s name (or company name), your full legal name, your title or job position, your full mailing address, telephone number, and email address;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on our Sites and/or our Services;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or under applicable law;
(e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or an authorized person to act on the copyright or intellectual property owner’s behalf; and
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Please note that our designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: Alexander Cox, firstname.lastname@example.org
Rights Concerning User-Submitted Content & Ainsworth Intellectual Property Rights:
(a) You may only post pictures of your own pets and pets from whose owners you have obtained express consent;
(b) You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs or other content, or foul, sexually explicit, obscene, hateful, or otherwise inappropriate language via the Sites and/or Services;
(c) You may not post content or material that violates any right of a third party, including, but not limited to, copyright, trademark, privacy, property, confidentiality, and publicity rights;
(d) You acknowledge and agree that we have no obligation to pre-screen, monitor, or enforce intellectual property rights with respect to User-Submitted Content, but have the right to protect and enforce our and our licensees’ rights with respect to User-Submitted Content;
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(b) You may store files that are automatically cached by your web browser for display enhancement purposes;
(c) Except as otherwise provided herein, you may print or download one copy of a reasonable number of pages included in the Sites and/or Services for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
(d) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Pet Medical, Health, Fitness and Nutrition Information on the Sites:
The Sites and/or Services may include information relating to nutrition and various medical, health and fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use or otherwise rely on the information contained in the Sites and/or Services for diagnosing or treating a pet’s health, fitness problem, or disease; you should always consult your own veterinarian and/or veterinary professionals for advice and guidance regarding a pet’s nutrition, health, fitness and medical needs.
Links from the Service:
If the Sites and/or Services contain links to other websites and resources provided by third parties, then these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites and/or Services, then you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Ok . . . bring on all the “legal stuff!”
DISCLAIMER OF WARRANTIES:
THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, AINSWORTH CONTENT, AND ALL PRODUCTS OFFERED THROUGH THE SITES AND/OR SERVICES, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER AINSWORTH NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “AINSWORTH PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES AND/OR SERVICES; (B) THE AINSWORTH CONTENT; (C) USER-SUBMITTED CONTENT; (D) PRODUCTS SOLD OR OFFERED FOR SALE THROUGH THE SITES AND/OR SERVICES; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO AINSWORTH OR VIA THE SITES AND/OR SERVICES. IN ADDITION, THE AINSWORTH PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE AINSWORTH PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES AND/OR SERVICES OR PRODUCTS OFFERED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES AND/OR SERVICES OR THE SERVER THAT MAKES THE SITES AND/OR SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE AINSWORTH PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES AND/OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCTS AND/OR SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF AND RESULTS OBTAINED FROM THE PRODUCTS AND/OR SERVICES.
THE AINSWORTH PARTIES DO NOT ENDORSE USER-SUBMITTED CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER-SUBMITTED CONTENT.
NO STATEMENT OF THE AINSWORTH PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES WILL THE AINSWORTH PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (A) THE SITES AND/OR SERVICES; (B) THE AINSWORTH CONTENT; (C) USER-SUBMITTED CONTENT; (D) ANY PRODUCTS SOLD OR OFFERED FOR SALE THROUGH THE SITES AND/OR SERVICES; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES AND/OR SERVICES OR ANY PRODUCT OFFERED THEREIN; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AINSWORTH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITES AND/OR SERVICES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITES’ AND/OR SERVICES’ OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AINSWORTH PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES AND/OR SERVICES). IN NO EVENT WILL THE AINSWORTH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AINSWORTH PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF AINSWORTH’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE AINSWORTH PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE AINSWORTH PARTIES.
IN NO EVENT SHALL THE AINSWORTH PARTIES’ LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
AINSWORTH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with Ainsworth must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Ainsworth Pet Nutrition, LLC
984 Water Street
Meadville, PA 16335