Effective as of April 2017
- LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Site(s) conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site(s) solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site(s).
- USER OBLIGATIONS. By accessing or using the Site(s), you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site(s), including, without limitation, when you provide information via a Site registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site(s). You also acknowledge and agree that use of the Internet and the Site(s) is solely at your own risk.
- PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site(s). Accordingly, you expressly acknowledge and agree that Spot Farms transfers no ownership or intellectual property interest or title in and to the Site(s) to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site(s), unless otherwise indicated, are owned, controlled, and licensed by Spot Farms and its successors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. The Site(s) is Copyright © 2013-2017 Spot Farms and/or its licensors. All rights reserved. Spot Farms also owns a copyright in the contents of the Site(s) as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site(s). SPOT FARMS, FAMILY OWNED SPOT FARMS, the Spot Farms logo, and all other names, logos, and icons identifying Spot Farms and its programs, products, and services are proprietary trademarks of Spot Farms, and any use of such marks, including, without limitation, as domain names, without the express written permission of Spot Farms is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- POSTINGS. The Site(s) may contain blogs, message areas, and other interactive features, including through social networks, where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively herein as “Postings”). You agree that by using the Site(s) you will not upload, post, display or transmit any of the following:
- anything that interferes with or disrupts the Site(s) or the operation thereof,
- anything that is contrary to the interests of Spot Farms,
- anything which may damage, lessen, or harm the goodwill or reputation of Spot Farms and its products,
- anything that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- anything which violates any law,
- anything that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Spot Farms,
- anything that misrepresents your affiliation with any entity and/or Spot Farms,
- anything that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and
- anything that is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Site(s).
Spot Farms reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting. Further, Spot Farms shall not have any obligation to incorporate or utilize any Posting that does not correspond to or meet Spot Farms’ technical or usage practices, parameters, and limits.
- PERMISSION TO USE POSTINGS. By submitting any type of Posting, you automatically grant Spot Farms a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Spot Farms, and you also acknowledge that such Postings are non-confidential for all purposes and that Spot Farms has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site(s), particularly through a Spot Farms on-line social media page operated by a third party network provider, Spot Farms has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Spot Farms assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
- NO PRE-SCREENING OF POSTINGS. Spot Farms is not responsible for pre-screening or editing your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Postings. Moreover, Spot Farms does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. Nevertheless, Spot Farms reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Postings (or parts thereof) that Spot Farms reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of Spot Farms, its users, or the public, or (vi) that Spot Farms believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to Spot Farms, its services, or goodwill. If you violate this TOU, Spot Farms may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site(s).
- LINKS TO OTHER SITES. Spot Farms may provide links, in its sole discretion, to other sites or on-line social media pages, including to online retailers, for your convenience in locating or accessing related information or buying Spot Farms products. These sites or pages have not necessarily been reviewed by Spot Farms and are maintained by third parties over which Spot Farms exercises no control. Accordingly, Spot Farms expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- DISCLAIMER. THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE(S) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE(S). SPOT FARMS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, SUITABILITY, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE(S) FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
- LIMITATION OF LIABILITY. You expressly absolve and release Spot Farms from any claim of harm resulting from a cause beyond Spot Farms’ control. MOREOVER, IN NO EVENT SHALL SPOT FARMS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE(S) OR WITH THE DELAY OR INABILITY TO USE THE SITE(S), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF SPOT FARMS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE(S) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SPOT FARMS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
- GOVERNING LAW. This TOU will be construed and enforced in accordance with the laws of the State of Maryland. Any action to enforce this TOU will be brought in the courts presiding in the State of Maryland, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts.
- ENFORCING SECURITY ON THE SITE(S). You may not use the Site(s) or any of Spot Farms’ data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Spot Farms data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Spot Farms system or network, circumventing any Spot Farms security or authentication measures, monitoring Spot Farms data or traffic, interfering with any Spot Farms services, collecting or using from the Site(s) email addresses, screen names, or other identifiers, collecting or using from the Site(s) information without the consent of the owner or licensor, using the Site(s) to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Spot Farms or its data, systems, or network. Actual or attempted unauthorized use of the Site(s) may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Spot Farms reserves the right to view, monitor, and record activity on the Site(s) without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site(s) as well as to disclosures required by or under applicable law or related government agency actions. Spot Farms will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Spot Farms reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site(s), or any portion of the Site(s) in order to protect the Site(s) or Spot Farms.
- INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Spot Farms, such injury would not be quantifiable in monetary damages, and Spot Farms would not have an adequate remedy at law. You therefore agree that Spot Farms shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Spot Farms post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Spot Farms to enforce any provision of this TOU.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Spot Farms of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
- CONTACT INFORMATION. If you have questions regarding the Site(s) or if you are interested in obtaining more information concerning Spot Farms or permission to use any Spot Farms content, please contact Spot Farms at Arthur Pet Products, P.O. Box 1368, Kings Mountain, NC 28086, or at 1-855-880-7768.