Terms and Conditions -- Use of Website
OUR TERMS OF USE:
Thank you for visiting our
website. In order to provide you with the best service possible, we want
you to fully understand the terms and conditions set forth below (our
“Terms of Use”) by which Shampaw.com (referred to herein as
“Shampaw.com”, “us” or “we”) offers services and information on or
through this website. Please review these Terms of Use carefully.
By using this website (collectively referred to in these Terms of Use
as our “Website”) you agree to be bound by the terms set forth herein.
We may make changes to our Website, these Terms of Use, or the policies
and conditions that govern the use of our Website at any time. We
encourage you to review our Website and these terms periodically for any
updates or changes. Your continued access or use of our Website shall be
deemed your acceptance of these changes and the reasonableness of these
standards for notice of changes. If you do not agree and/or no longer
agree to be bound by the Terms of Use, you may not use and must
immediately cease your use of the Website.
Shampaw.com is located in Canfield, Ohio in the United States. This
site is for U.S. residents who are adults. Access to the site may not be
legal in other countries. You transmit data to our Website subject to
U.S. and Ohio law. Do not transmit data to our Website unless you agree
to be bound by U.S. and Ohio law.
HEALTH-RELATED INFORMATION:
The information
contained in the Website is provided for informational purposes only and
is not meant to substitute for the advice provided by your veterinarian
or other health care professional.
You should not use the information available on or through the
Website (including, but not limited to, information that may be provided
on the Website by healthcare or nutrition professionals employed by or
contracting with Shampaw.com) for diagnosing or treating a health
problem or disease, or prescribing any medication.
Information and statements regarding soap or conditioners have not
been evaluated by the Food and Drug Administration and are not intended
to diagnose, treat, cure, or prevent any disease. You should read
carefully all product packaging prior to use.
USE OF WEBSITE:
You agree to use the Website for
lawful purposes. You agree not to use the service for illegal purposes
or for the transmission of material that is unlawful, harassing,
libelous, invasive of another’s privacy, abusive, threatening, harmful,
vulgar, obscene, or otherwise objectionable, or that infringes or may
infringe the intellectual property or other rights of another or that
violates any federal, state, or local law. You agree that
Shampaw.com
may in its sole discretion terminate your access to our Website, without
notice, if we believe you have in any way violated our Terms of Use.
ELECTRONIC COMMUNICATIONS:
When you visit this
Website 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.
MODIFICATIONS:
We reserve the right to modify or
discontinue, temporarily or permanently, any or all of the Website
and/or any or all features, products, prices of products, services or
information appearing on or available through any or all of the Website
with or without notice to you. You agree that we shall not be liable to
you or any third party for any modification or discontinuance of such
features, products, prices, services, or information on the Website or
the Website itself.
INDEMNITY:
You agree to indemnify and hold
Shampaw.com and our parents, affiliates (and their franchisees and
licensees), and subsidiaries, officers, directors, employees, successors
and assigns, harmless from any claim, loss or demand, including
reasonable attorneys’ fees, made by any third party due to or arising
out of your use of our Website, your connection to our Website, your
violation of these Terms of Use, or your violation of any rights of
another party. This indemnity survives termination of these Terms of
Use.
SUBMISSION OF INFORMATION OR MATERIALS:
You agree
to provide true, accurate, current and complete information about
yourself if and when you elect to provide personal information to us.
You also agree to maintain and promptly update any such information to
keep it accurate. You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead. Other than personally
identifiable information, which is addressed under our Privacy Policy
any and all comments, suggestions, ideas, graphics, or other information
that you transmit or post to the Website becomes and will remain the
property of Shampaw.com and may be used by
Shampaw.com anywhere, anytime
and for any reason whatsoever. Except as may be provided in the Privacy
Policy, any information or materials submitted to Shampaw.com will be
treated as non-confidential and non-proprietary, and we will not have
any obligation to use or evaluate any information we receive from you.
Shampaw.com will not have to pay you or anyone else for using any ideas
or other materials that you may transmit to or post on the Website. You
should rely solely on your rights under patent, trademark, and copyright
laws. The receipt or consideration of your information by
Shampaw.com
shall in no way impair the right of Shampaw.com to contest the validity
of your patent, trademark or copyright.
LINKS:
Our Website provides links to other
websites or resources. These links are for your convenience only and are
not under our control. You acknowledge and agree that
Shampaw.com is not
responsible for the availability of such external sites or resources,
and does not endorse any such site, its use or contents and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such websites or resources. You agree
that Shampaw.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with your use of or reliance on any such content, goods or
services available on such external sites or resources. In the event you
decide to access or use any of these other websites or resources, you
agree you do so at your own risk.
OUR PROPRIETARY RIGHTS:
The Website is owned and
operated by Shampaw.com. The contents of the Website are ©2010
Shampaw.com. All Rights Reserved. You acknowledge and agree that all
content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material contained in
advertisements or information presented to you on our Website is
protected by our or other third parties’ copyrights, trademarks, service
marks, patents, or other proprietary rights and laws.
Shampaw.com
authorizes you to view and download materials at the Website only for
your personal, non-commercial use, provided you retain all copyright and
proprietary notices contained in the original materials on any copies of
the materials. You may not modify the materials on the Website in any
way or reproduce or publicly display, perform, distribute, transmit,
create derivative works of, or otherwise use them for any public or
commercial purpose. Any use of these materials on any other website
(including without limitation, displaying this Website or any material
displayed on or that can be downloaded from this Website in frames on
another website without Shampaw.com’s express written permission) is
prohibited.
SALE OF PRODUCTS:
You may be provided with the
opportunity to purchase products through the Website and/or from third
party websites linked to the Website. Products purchased through the
websites of others are subject to the terms and conditions of such other
parties and their websites, and Shampaw.com shall have no liability or
responsibility therefore.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE
THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. Shampaw.com AND ITS PARENTS, AFFILIATES
(AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY,
“AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Shampaw.com AND ITS AFFILIATES MAKE NO WARRANTY,
EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR
INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR
REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES Shampaw.com OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR
IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH
THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF.
Shampaw.com MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION
THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION,
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY.
Shampaw.com AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Shampaw.com OR THROUGH OR
FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY:
YOU AGREE THAT
Shampaw.com AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY
SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE,
EVEN IF Shampaw.com OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES
FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED
THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE
WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE
AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE
LOSSES.
YOU FURTHER AGREE THAT Shampaw.com AND ITS AFFILIATES SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR
TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR
NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
DOMESTIC USE; EXPORT RESTRICTION:
We control the
Website from our offices within the United States of America. We make no
representation that the Website or its content (including, without
limitation, any products or services available on or through the
Website) are appropriate or available for use in other locations. Users
who access the Website from outside the United States of America do so
on their own initiative and must bear all responsibility for compliance
with local laws, if applicable. Further, the United States export
control laws prohibit the export of certain technical data and software
to certain territories. No content from the Website may be downloaded in
violation of United States law.
APPLICABLE LAW; JURISDICTION:
Any claim relating
to the Website, our Terms of Use, and the relationship between you and
us shall be governed by the laws of the United States and the State of
Ohio without regard to its conflict of law provisions. You and
Shampaw.com agree to submit to the personal and exclusive jurisdiction
of the courts located within the State of Ohio.
GENERAL:
These Terms of Use and our Privacy
Policy constitute the entire agreement between you and
Shampaw.com with
respect to the Website; provided, however, that certain provisions of
these Terms of Use may be superceded by expressly designated legal
notices or terms which may be located on particular pages on the
Website. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not constitute a waiver of such right or
provision by us. If any provision of these Terms of Use is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of
our Terms of Use remain in full force and effect. Your 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 Website or our Terms of
Use must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
| These statements have not been evaluated by the Food
and Drug Administration. This product is not intended to
diagnose, treat, cure, or prevent any disease. |
|