AGREEMENT
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 13 years old.
We reserve the right at any time to:
a. Change the terms and conditions of this Agreement;
b. Change the Site, including eliminating or discontinuing any content on or feature of the Site; and
c. Change any fees or charges for using the Site.
Any changes to the Terms will be effective immediately upon posting by www.cat-health.org on the Site. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications thereof.
INDEMNITY BY MEMBER
You agree to indemnify, defend and hold cat-health.org , its officers, directors, employees, agents and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including without limitation reasonable attorneys' fees) or other expenses made by any third party due to or arising out of, directly or indirectly, your use of the Service and/or the Site, including but not limited to:a. Your breach of this Agreement;
b. Any allegation that any materials that you submit to us or post on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
c. Your activities in connection with the Site.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT
Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of cat-health.org, and should not necessarily be relied upon. Such Members are solely responsible for such content. CAT-HEALTH.ORG DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL CAT-HEALTH.ORG BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS. You understand and agree that cat-health.org may, but has no obligation to, review and delete any content, messages, photos or profiles that in the sole judgment of cat-health.org violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.The Site contains links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information. We suggest that you review the terms of use and privacy statements of such other Internet sites prior to your use of them.
COPYRIGHT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the permitted uses, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.PRIVACY AND USE OF INFORMATION
By registering for the Services you have also agreed to our Privacy Statement. You acknowledge that:A. WE CANNOT ENSURE THE SECURITY OR PRIVACY OF INFORMATION YOU PROVIDE THROUGH THE INTERNET AND YOUR EMAIL MESSAGES, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF SUCH INFORMATION BY OTHER PARTIES;
B. WE ARE NOT RESPONSIBLE FOR, AND CANNOT CONTROL, THE USE BY OTHERS OF ANY INFORMATION WHICH YOU PROVIDE TO THEM AND YOU SHOULD USE CAUTION IN SELECTING THE PERSONAL INFORMATION YOU PROVIDE TO OTHERS THROUGH THE SERVICE; AND
C. WE CANNOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF MESSAGES SENT BY OTHER USERS OF THE SERVICE, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENTS OF ANY COMMUNICATIONS YOU MAY RECEIVE FROM OTHER USERS. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.
D. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or any activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and www.cat-health.org may report you to the appropriate law enforcement agencies.DISCLAIMER OF WARRANTIES
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS. CAT-HEALTH.ORG DOES NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICE. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. CAT-HEALTH.ORG DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE WHETHER BY CAT-HEALTH.ORG , OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.UNDER NO CIRCUMSTANCES WILL CAT-HEALTH.ORG BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICES, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE AND/OR SERVICE, WHETHER ONLINE OR OFFLINE. CAT-HEALTH.ORG DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE AND/OR SERVICE.
LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will cat-health.org be liable to you or any third party for any indirect, consequential (including lost profits), incidental, special or punitive damages arising from your use of the Site and/or the Service, even if cat-health.org has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, cat-health.org liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to cat-health.org for the Service during the term of your membership.DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any cat-health.org related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
GOVERNING LAW
The parties hereby irrevocably consent and submit to the jurisdiction of the District Court of Douglas County, Nebraska and the United States District Court for the State of Nebraska, and hereby waive any objection based on venue or forum non conveniens with respect to any action instituted in connection with or related to this Agreement. The parties hereby irrevocably agree that any legal action or proceeding against you or cat-health.org arising out of this Agreement or related to the Service shall be governed by and interpreted in accordance with the State of Nebraska, Douglas County, USA, substantive law, excluding its conflict of laws provisions or any principles which would result in a choice of law for the Contract Documents other than Nebraska law.As permitted by Article 6 of the Convention on Contracts for the International Sale of Good, the parties hereby agree and confirm that it is their intention that the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not in any way apply or be enforceable with respect to this Agreement or the Service.