(Last updated: July 27, 2015)

Welcome to Petmapz.com, your Vet endorsed community of pet resources.

Petmapz.com and its content, features and services (the “Website”) is operated by Petmapz Marketing Inc. (“Petmapz”, “us”, “we” or “our”). These Terms of Use (“Terms of Use”) govern your relationship with Petmapz and your use of the Website. Your access to and use of the Website is based on your acceptance of and compliance with these Terms of Use, and your use of the Website constitute a binding legal agreement between you and Petmapz. By using this Website you agree to be contractually bound by these Terms of Use. If you do not agree with these Terms of Use, in whole or in part, please discontinue all use of the Website.

Content

1.1     The Website contains content (“Content”) provided by Petmapz and third party businesses or government bodies (“Suppliers”). All Content on our Website, including but not limited to texts, graphics, videos, links or other materials provided by Petmapz or Suppliers is provided for informational purposes only and should not be used to replace the information or advice of a qualified professional or of the specific Supplier, as the case may be. We make no guarantee, representation or warranty of any kind in regards the legality, reliability, and appropriateness of the Content. If you have any questions or concerns regarding any Content, we recommend that you contact us or the specific Supplier, as the case may be.

1.2     The Website allows you and other users (“Users”) to post, link, store, share and otherwise make available certain information, texts, graphics videos or other materials (“User Content”). You are responsible for all User Content that you post to the Website, including its legality, reliability, and appropriateness according to these Terms of Use.

1.3     By posting User Content to the Website, you grant Petmapz the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your User Content subject to these Terms.

1.4     If you post User Content, you represent and warrant that:

(a)     you own the User Content or you have the right to use it and grant us the rights and license as provided in these Terms; and

(b)     the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

1.5     Petmapz reserves all rights to block or remove any User Content or communications on or through the Website by you that we determine to be:

(a)     abusive, defamatory, or obscene;

(b)     the demonstration, promotion, or evidence of inhumane or harmful treatment to animals in any way, shape or form;

(c)     fraudulent, deceptive, or misleading;

(d)     in violation of a copyright, trademark or, other intellectual property right of another; or

(e)     offensive or otherwise unacceptable to us in our sole discretion.

1.6     You acknowledge that by providing you with the ability to view and distribute User Content on the Website, Petmapz is acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website. Any reliance upon the Content shall be at your own risk. It is your responsibility to verify any information on the Website or provided to you by the Website before relying on it. We recommend that you investigate for yourself the suitability, quality, accuracy and condition of any goods, services or information advertised on the Website.

1.7     Without limiting the generality of the foregoing, we make no guarantees in relation to the following:

(a)     the physical health or fitness of any pets advertised on the Website;

(b)     the quality, safety or legality of any pets, items, events or services advertised on the Website;

(c)     the accuracy or truth of any listings or Content in general on the Website; or

(d)     the ability of any Users to enforce or complete a transaction.

1.8     Without limiting the generality of the foregoing, any Content relating to pet nutrition, health or fitness provided from time to time is for informative purposes only and should not be a substitute for advice provided by a veterinarian or other expert or professional and we encourage you to consult such professionals for any concerns regarding pet health and nutrition.

Accounts

2.1     When you create your Website user account (“Account”), you must provide Petmapz with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your account on our Website.

2.2     You are responsible for safeguarding the password that you use to access your Account and for any activities or actions under your password, whether your password is with our Website or a third-party service.

2.3     You agree not to disclose your password to any third party. You must notify Petmapz immediately upon becoming aware of any breach of security or unauthorized use of your Account.

2.4     Any personal information you provide to Petmapz will be subject to our Privacy Policy, which forms a part of these Terms, and we encourage you to read it before submitting any personal information to our Website.

 

Using the Website

3.1     You will post in the appropriate category or area of the Website and will not do any of the following:

(a)     violate any laws;

(b)     be false or misleading;

(c)     infringe any third-party right;

(d)     distribute or contain spam, chain letters, or pyramid schemes;

(e)     distribute viruses or any other technologies that may harm the Website or the interests or property of the Website Users;

(f)      impose an unreasonable load on our infrastructure or interfere with the proper working of the Website;

(g)     copy, modify, or distribute any Content, including Petmapz Content, Supplier Content or User Content;

(h)     use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;

(i)      harvest or otherwise collect information about others, including email addresses, without their consent;

(j)      bypass measures used to prevent or restrict access to the Website.

 

Abusing the Website Services

4.1     We may limit or terminate our services, remove hosted content and take technical and legal steps to keep users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off the Website or not, we do not accept any liability for monitoring the site or for unauthorized or unlawful content on the site or use of the site by users.

 

Fees and Services

5.1     Using our Website is generally free. We may charge fees for certain services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the Website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they become due. Your failure to pay fees may limit your ability to use the Website or access to your account.

 

Intellectual Property

6.1     The Website and all of its content, including but not limited to text, images, graphics or code (“Intellectual Property) are the property of Petmapz Marketing Inc. or its Suppliers, as the case may be, and are protected by copyright, trademarks, database and other intellectual property rights. These Terms of Use do not grant you a license to use any Intellectual Property of Petmapz Marketing Inc. or its affiliates, or any Intellectual Property of any Supplier. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.

 

Links to Other Web Sites

7.1     The Website may contain links other third party websites or services that are not owned or controlled by Petmapz Marketing Inc. You acknowledge that we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Petmapz 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 use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

8.1     We may terminate or suspend your access to our Website services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

8.2     All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.3     Upon termination, your right to use the Website services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

 

Indemnification and Limitation of Liability

9.1     You agree to indemnify, defend and hold harmless Petmapz, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to:

(a)     legal and accounting fees resulting from your use of the Website;

(b)     your breach of any of these Terms of Use;

(c)     anything you post on or upload to the Website; or

(d)     any activity related to your Account, which may include any negligent or illegal conduct by you or any person or entity accessing the Website using your Account regardless of whether such access is obtained via fraudulent or illegal means.

9.2     Petmapz, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from:

(a)     your access to or use of the Website;

(b)     your inability to access or use the Website;

(c)     any conduct or content of any third party on or related to the Website;

(d)     any content obtained from or through the Website; or

(e)     the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer and Non-Waiver of Rights

10.1   Petmapz makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

10.2   Petmapz, its subsidiaries, affiliates, and its licensors do not warrant that:

(a)     the Website will function uninterrupted, secure or available at any particular time or location;

(b)     any errors or defects will be corrected;

(c)     the Website is free of viruses or other harmful components; or

(d)     the results of using the Website will meet your requirements.

 

Changes

11.1   We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11.2   By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

General

12.1   If you breach any of these Terms of Use and Petmapz chooses not to immediately act, or chooses not to act at all, Petmapz will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms of Use. Petmapz does not waive any of its rights. Petmapz shall not be responsible for any purported breach of these Terms of Use caused by circumstances beyond its control. A person who is not a party to these Terms of Use shall have no rights of enforcement.

12.2   You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use.

12.3   Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

12.4   These Terms of Use shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.

12.5   If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements, oral or otherwise, regarding the Website.

If you have any questions about these Terms, please contact us.

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