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Pet Top Products LLC
The official site for Pet Top™ portable drinking devices for pets.
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PET TOP PRODUCTS LLC

WEB SITE TERMS AND CONDITIONS OF USE

The Web site is owned and operated by Pet Top Products LLC, hereinafter referred to as "Pet Top Products". If you wish to view the Privacy Policy of the Web site now, please click here. Please read all of these terms carefully. Your use of this Web site and/or our services is an acceptance of these terms of use. We may amend these terms of use at any time. Except as stated below, all amended terms shall automatically be effective upon being posted by us on the Web site.

CHANGES

You should check the Web site frequently for any changes to these Terms of Use. Your continued use following the posting of updated Terms of Use is acceptance of these updated Terms of Use. Prices charged for products offered may be changed at any time, without prior notice to you. Unless otherwise stated, all prices are quoted in, and all payments shall be made in, U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with using our services and Web site.

YOUR INFORMATION

"Your Information" is defined as any information you provide to Pet Top Products in the registration process, in any revisions thereto, in the order process, in any public message area (including the feedback system), through any upload feature, or through any e-mail feature. You are solely responsible for Your Information; Pet Top Products only acts as a passive conduit for the online management of Your Information.

Your Responsibilities

You agree that: (a) Your Information shall not be false, inaccurate or misleading; (b) Your Information shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (c) Your Information shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) Your Information shall not be fraudulent or involve counterfeit or stolen items; (e) Your Information shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, antidiscrimination, or false advertising); (f) Your Information shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) Your Information shall not create liability for Pet Top Products or cause us to lose (in whole or in part) the ability to provide our services and/or Products; and (i) you agree to indemnify and hold harmless Pet Top Products for any damages resulting from Your Information.

How We Use Your Information

Pet Top Products will not sell, trade, or rent your personally identifying information to third parties without your prior consent. We may, however, disclose certain non-identifying aggregated information so we can provide general statistical information to third parties about the users of our services. Furthermore, any use of personally identifying information will be in accordance with our Privacy Policy and these Terms of Use.

UNSOLICITED IDEAS

PLEASE DO NOT SUBMIT TO PET TOP PRODUCTS, INCLUDING TO ANY OF ITS OFFICERS OR EMPLOYEES, ANY UNSOLICITED IDEAS AND/OR CONTENT, INCLUDING IDEAS FOR PRODUCTS, PRODUCT ENHANCEMENTS, MATERIALS, MARKETING STRATEGY AND/OR NAMES FOR PRODUCTS. Please do not send any artwork, logos, designs, or other works. While we thank you for considering us, the purpose of this policy is to ensure that there are no actual or potential misunderstandings or confusion with Pet Top Products' own products and/or plans. Should you send us your ideas please note that, in any event, regardless of any language to the contrary with your submission and/or in these Terms of Use and/or elsewhere on the Web site, you agree that these ideas will automatically become the property of Pet Top Products without any compensation to you and further that Pet Top Products may use or transfer the property in any way in its own discretion.

FEEDBACK

Pet Top Products welcomes your feedback which does not conflict with the Terms of Use. Please let us know if there is some way that we can improve the Web site and shopping experience. Please note that by sending us feedback, you represent you have the authority to grant and do agree to grant Pet Top Products a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in such feedback, including the right to reproduce, distribute, adapt, perform, display and prepare derivative works therefrom, in any media now known or hereinafter known (but no other rights). To send us feedback, please e-mail your suggestions through the Contact Us link on the Pet Top Products Web Site. FEEDBACK SHOULD NOT INCLUDE ANY INDIVIDUALLY IDENTIFIABLE PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE.

SECURITY

Security Implementations

Pet Top Products realizes how important security is to you, so we have taken steps to enhance the confidentiality and safety of information you transmit to us over the Internet.

We make use of Secure Sockets Layer (SSL) technology, through the use of a Digital Certificate provided by GoDaddy. Your purchases and membership and subscription payments are processed through Web pages protected by this SSL technology. Your credit card and other billing information are encrypted before being transmitted over the Internet. Further, we do not store credit card billing information on our server after your payment is completed; this is the reason you must enter a credit card number each time you order from us. While somewhat inconvenient, it helps protect your credit card information from online theft. A Web page protected by SSL is indicated in recent Netscape browsers by a small closed padlock on a yellow background (lower left corner of the browser) and in recent Internet Explorer browsers by a yellow closed padlock (lower right corner of the browser). Clicking the closed padlock symbol will display additional security information regarding the Web site. You can verify the authenticity of our Digital Certificate through GoDaddy by clicking the GoDaddy Verify Security graphical logo displayed on our Web site.

Purchases

You may make purchases of products on the Web site without choosing a User ID and Password. You will be required to provide information necessary to verify, process and complete your order, and notify you of your order status. Rest assured that your credit card and billing information is still handled through SSL encryption technology.

In order to make your shopping more convenient, you may make purchases of products on the Web site with an account you set up in our online store on the Web site. This account will store personally-identifiable information you provide, but will NOT store credit card numbers or expiration dates. You will be required to choose a User ID and Password. You will be required to provide information necessary to verify, process and complete your order, and notify you of your order status. Rest assured that your credit card and billing information is still handled through SSL encryption technology.

You may also order products by mailing a copy of your completed order page from the Web site and submitting payment by check or money order to Pet Top Products LLC, PO BOX 22, OSPREY, FL 34229. Orders shipped or delivered to a Florida address must include 6% Florida State Sales and Use Tax on any retail product purchases. Your order will be shipped upon clearance of the check or money order. Pet Top Products cannot be responsible for any checks or money orders or other information lost en-route to Pet Top Products.

User ID and Password

In order to benefit from additional features of the Web site, you may voluntarily register as a member by creating an account you set up in our online store on the Web site. These features will be described on the relevant portions of the Web site.

Upon registering with Pet Top Products, all users must choose a User ID and password. To ensure your security and confidentiality of your personal information, NEVER reveal your User ID or Password to outside parties. Pet Top Products will NEVER contact you to request your Password or User ID. YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY USE OF THE PET TOP PRODUCTS WEB SITE OR PET TOP PRODUCTS SERVICES THROUGH YOUR USER ID AND/OR PASSWORD. You agree that your User ID and Password are the property of Pet Top Products and that upon termination of this agreement, all rights to such User ID and Password shall revert to Pet Top Products.

In the event that you believe the security of your User ID and Password has been compromised, you may change both by contacting Pet Top Products through its Customer Service department at its toll-free number listed on the Pet Top Products Web site.

LINKS

You should be aware that when using the Website, you could be directed to other sites that are beyond our control. For example, if you click on an advertisement or a link in a news article, you may be taken to another site. We are not responsible for and do not endorse or recommend any of the content on these sites, nor are we responsible for your use of these sites or any transactions you perform on them. Be aware that any policies that govern the Pet Top Products Web site, including these Terms of Use or the Pet Top Products Privacy Policy, do not govern the linked Web sites. We encourage you to review the privacy policy of such sites before disclosing any personally-identifiable information.

THIRD-PARTY CONTENT

The Web site may contain information provided by third parties (such content, "Third Party Content"). Third Party Content includes (i) all content and materials not created exclusively by Pet Top Products and (ii) any content or materials created by Pet Top Products at the request of or with assistance from a third party. We are not responsible for, do not guarantee, and do not endorse or recommend any of the information provided by such third parties, nor are we responsible for your use and/or reliance upon any of the information provided by third parties or for any transactions you perform with them. It is your responsibility to verify the accuracy, authenticity, safety, and applicability of any information provided by any third party, including but not limited to offers, claims, suitability, and effectiveness. You expressly acknowledge and agree that Pet Top Products has no responsibility for any Third Party Content or any reliance by you upon such Third Party Content appearing on the Web site.

TERMINATION OF THE WEB SITE OR THE SERVICES

Pet Top Products reserves the right to shut down the Web site or the Services at any time for any reason or for no reason, without liability to you or any other person or entity. Pet Top Products need not provide you with any prior notice of any such termination or shut-down. Should the Web site permanently cease operations, the only liability to you is for purchase price paid for any unshipped orders due you from Pet Top Products.

BREACH OF TERMS OF USE

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Web site and refuse to provide our services to you, if: (a) you breach these Terms of Use or the documents they incorporate by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or us.

LEGAL COMPLIANCE

You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

LIMITATION OF LIABILITY

THE WEB SITE AND ANY SERVICES THAT MAY BE AVAILABLE THROUGH THE WEB SITE ARE PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. PET TOP PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, PET TOP PRODUCTS' LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL PET TOP PRODUCTS BE LIABLE TO A USER UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, PET TOP PRODUCTS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL PET TOP PRODUCTS' LIABILITY TO A USER EXCEED THE GREATER OF (i) ONE DOLLAR OR (ii) THE PURCHASE PRICE PAID FOR PRODUCTS PURCHASED BY YOU FROM PET TOP PRODUCTS.

PET TOP PRODUCTS HAS NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND YOU HEREBY RELEASE PET TOP PRODUCTS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY THIRD PARTY CONTENT OR YOUR USE OF OR RELIANCE ON ANY THIRD PARTY CONTENT.

PET TOP PRODUCTS CANNOT CONTROL THE USE OF AND HAS NO RESPONSIBILITY FOR PERSONALLY-IDENTIFIABLE INFORMATION YOU REQUEST PET TOP PRODUCTS TO DISPLAY TO THE PUBLIC OR TO THIRD PARTIES. YOU RELEASE PET TOP PRODUCTS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISCLOSURE OF PERSONALLY-IDENTIFIABLE INFORMATION YOU ELECT TO DISPLAY TO THE PUBLIC OR TO THIRD PARTIES.

INDEMNITY

You agree to defend, indemnify and hold Pet Top Products and its officers, directors, employees, agents, licensees, and affiliates harmless from and against any and all claims, losses, damages, liabilities and costs including, without limitation, reasonable attorney fees and court costs (collectively, the "claims") arising out of or relating to (i) a breach of any of these Terms of Use by a person using your User ID and Password (whether or not such person is you) or (ii) any use of the Web site or Pet Top Products Services by a person using your User ID and Password (whether or not such person is you), except to the extent such claims directly result from Pet Top Products' own gross negligence. This indemnification obligation shall survive any termination of these Terms of Use, the Web site or the Pet Top Products services provided to you.

NO AGENCY

You and Pet Top Products are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.

TRADEMARKS/SERVICE MARKS

Pet Top and the Pet Top logo are trademarks and/or service marks of Medialore LLC and used under license. All rights reserved. Any other Trademarks or Service Marks appearing on this Web site are property of their respective owners.

COPYRIGHT

All content appearing on this Web site, including but not limited to buttons, graphics, logos and text, is the copyrighted property of Pet Top Products unless otherwise noted. Pet Top Products reserves all rights with respect to its copyrighted materials. No claim of copyright is made herein to individual photographs, posters, or other images submitted by third parties (e.g. pet owners who submit photographs to Pet Top Products for posting on the Web site, or advertisers who submit promotional materials). However, the compilation and presentation of such content on Pet Top Products is copyrighted information and may not be used except as outlined in this Terms of Use and may not otherwise be used without the express written permission of Pet Top Products.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pet Top Products or Medialore LLC without the express written consent of Pet Top Products or Medialore LLC, respectively. You may not use any meta tags or any other "hidden text" utilizing Pet Top Products' or Medialore LLC's name or trademarks or service marks without the express written consent of Pet Top Products or Medialore LLC, respectively. You may not use any Pet Top Products or Medialore LLC logo or other proprietary graphic or trademark as part of the link without the express written consent of Pet Top Products or Medialore LLC, respectively.

You do not acquire any ownership rights to any content in the Web Site. Any unauthorized use terminates the permission or license granted by Pet Top Products.

NOTICES

Except as explicitly stated otherwise, (i) any notices to Pet Top Products shall be made by postal mail to Pet Top Products LLC, PO BOX 22 OSPREY, FL 34229 Attn: Legal Department, and (ii) any notices to you shall be made by postings to our Web site. Alternatively, we may give you notice by sending an e-mail to the e-mail address you provided us when registering or by postal mail to the postal address you provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. In the case of postal mail, notice shall be deemed given 4 days after the date of proper mailing.

GENERAL

Entire Agreement

These Terms of Use constitute the sole agreement between Pet Top Products and you regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that you have read and understand these Terms of Use and agree to be bound by the same.

Force Majeure

Pet Top Products will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.

Legal Actions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws provisions. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and any use of the Web site and/or our services shall be the state and federal courts located within Fairfield County, State of Connecticut and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.

Severability

If any provision of these terms and conditions as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.

No Waiver

Any failure of Pet Top Products to enforce any provision of these Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of these Terms of Use. Pet Top Products may only make such waiver by an express writing.

No Assignment

Any rights or obligations granted to you hereunder may not be assigned or transferred to any other person or to any entity.

GOVERNING LAW

This agreement between Pet Top Products and you will be governed by the laws of the State of Connecticut, without regard to its conflict of laws provisions.
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