BY ACCESSING, VISITING, BROWSING, USING, DOWNLOADING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS OR OTHERWISE, YOU AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE.
PBL RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN PBL’ SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE HYPER-LINKS FOR THIS AGREEMENT LOCATED AT THE BOTTOM AND WITHIN VARIOUS PAGES ON THE PBL WEBSITE INCLUDING WITHOUT LIMITATION ITS MAIN LANDING PAGE.
1. ACCESS TO THIS SITE
To access this website or some of the resources it offers, including contacting PBL, whether to seek samples, seek information, sign up for news or information, or otherwise, you may be asked to provide certain information such as your contact information and other credentials. It is a condition of your use of this website that all the information you provide on this website or otherwise to PBL that such information will be correct, current, and complete. If PBL believes the information you provide is not correct, current, or complete, PBL has the right to refuse you access to this website or any of its resources, to terminate or suspend your access to the website at any time, and otherwise decline to provide you with PBL products, services, and information.
THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 18. ALTHOUGH OUR WEBSITE IS INTENDED TO BE CHILD-SAFE, IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS WEBSITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.
2. RESTRICTIONS ON USE
3. ADDITIONAL USE LIMITATION
You may not modify, copy, translate, decompile, disassemble, reverse engineer, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell, or delete or change any copyright, trademark, or other proprietary notice on, any Content or services obtained from or otherwise connected to the PBL website except as expressly permitted by PBL. PBL requires these limitations to protect the integrity of its website and the organization.
4. PROPRIETARY INFORMATION
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by PBL, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the website (the “Content”) is the proprietary information of PBL or the party that provided or licensed the Content to PBL, whereby such providing party retains all right, title, and interest in the Content subject to the license grants to PBL. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, or transmitted in any way without the prior written consent of PBL. Modification or use of the Content except as expressly provided in this Agreement violates PBL’ intellectual property rights and/or the intellectual property rights of others. Neither title nor intellectual property rights in and to the website or its Content are transferred to you by access to this website.
This website may be hyper-linked to other websites which are not maintained by, or related to, PBL. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this website or PBL. PBL has not reviewed any or all of such websites and is not responsible for the content of those websites. PBL is not responsible for webcasting, streaming, downloads, or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user’s own risk, and PBL makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website. PBL provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by PBL of that website or any association with its operators.
You hereby grant to PBL the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, remarks, suggestions, ideas, or other information communicated to PBL through this website or the communication methods noted on this website (such as e-mail addresses, phone numbers, and physical addresses) (together, the “Submission”), and to incorporate any Submission, in whole or in part or modified as PBL sees fit, in other works, products, or services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Submission. You further agree that PBL may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to PBL conjunction and in relation to your Submission and you waive any right of publicity or privacy related thereto. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of copyrights, patents, trademarks trade secrets, or other intellectual property rights, publicity rights, and privacy rights, and that your Submission conforms to all of the terms and conditions of this Agreement. PBL will not be required to treat any Submission as confidential, and may use any Submission to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future PBL products, services or other business operations.
You understand that PBL cannot and does not guarantee or warrant that files, including without limitation Content, available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. PBL does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by PBL.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANY INFORMATION OR OTHER COMMUNICATIONS SENT TO YOU AS A RESULT OF YOUR INTERACTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR SIGNING UP FOR NEWS, INFORMATION, OR QUOTES, AND ANY SAMPLES SENT TO YOU BY YOUR REQUEST THROUGH THE WEBSITE (COLLECTIVELY “WEBSITE RELATED SERVICES”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PBL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES. PBL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE, OR ANY OTHER WEBSITE RELATED SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE RELATED CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PBL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE WEBSITE RELATED SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE RELATED SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PBL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
All of the information in the Website Related Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the website or is otherwise transmitted or communicated to you, and PBL does not undertake any obligation to update such information after it is posted or communicated to you, or to remove such information from this website if it is not, or is no longer accurate or complete.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PBL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES, EVEN IF PBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PBL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, OFFICERS, AND DIRECTORS REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW IF A TOTAL DISCLAIMER OF ALL LIABILITY IS NOT ALLOWED.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF PBL. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. TERMINATION OR RESTRICTION OF ACCESS
PBL reserves the right, in its sole discretion, to terminate your access to the PBL’ website or any portion thereof and the related services or any portion thereof at any time, without notice.
You will defend, indemnify, and hold PBL, its subsidiaries, affiliates, licensors, licensees, content providers, service providers, employees, agents, owners, members, shareholders, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including without limitation any use of Content or other Website Related Services other than as expressly authorized in this Agreement and any claim or damage of any type regarding or relating to your Submission, such indemnification including without limitation any and all resulting loss, damages, judgments, awards, costs, fines, expenses, and attorney’s fees (including without limitation for the cost of defense) (collectively “Losses”) of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the website, the Content, or other Website Related Services, such indemnification including without limitation all resulting Losses, except to the extent such claims and Losses are due to the negligent or willful acts of PBL.
11. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of PBL or the party that provided the trademarks, services marks, logos, and copyrighted works to PBL. PBL and any party that provided trademarks, service marks, logos, and copyrighted works to PBL retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.
All Content of PBL website owned by PBL is: Copyright © 2019 Pet’s Best Life, LLC, All rights reserved, unless otherwise noted.
Any passwords or other login credentials used for this website, if any, are for individual use only and the use of your credentials, whether by you or others, to log into access restricted areas of the website for use or viewing of the Content by individuals other than you is strictly prohibited. You will be responsible for the security of your password and other login credentials (if any). PBL will be entitled to monitor your logins and credentials and, at its discretion, require you to change your password or other login credentials. If you use a password that PBL considers insecure, PBL will be entitled to require the password to be changed or PBL may suspend or terminate your account.
PBL may use and disclose your information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other website visitors, or anyone else. We may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend PBL’s legal rights, to protect your vital interests or those of any other third party, and when PBL otherwise believes in good faith that any applicable law requires it.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PBL FROM ANY CLAIMS RESULTING FROM ANY OF THE AFOREMENTIONED ACTIONS TAKEN BY PBL.
This Agreement and any related dispute between the parties will be governed and interpreted pursuant to the laws of the state of Missouri excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Missouri in connection with any dispute between you and PBL arising out of or relating to this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of or relating this Agreement or pertaining to the subject matter hereof will be in the state and federal courts located in Missouri.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and if not so modifiable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.
PBL may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this agreement shall inure and be binding upon any party’s permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBL as a result of this agreement or use of PBL’ website or any Website Related Services.
This Agreement constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and PBL with respect to the subject matter of this Agreement.
Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by PBL at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Last Modified: 10/07/2019.
© 2019 Pet’s Best Life, LLC, All Rights Reserved