THIS WEB PAGE IS A LEGAL DOCUMENT (“AGREEMENT”) BETWEEN YOU (“THE SUBSCRIBER”) AND PET OF MINE.COM. THIS AGREEMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE [PET OF MINE.COM] WEB SITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE [PET OF MINE.COM] WEB SITE. BY USING AND ACCESSING THE [PET OF MINE.COM] WEB SITE YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND USE THE [PET OF MINE.COM] WEB SITE. PET OF MINE.COM MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE BY UPDATING THIS AGREEMENT. YOU SHOULD VISIT THIS WEB PAGE PERIODICALLY TO REVIEW THE AGREEMENT.

TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) are made as of the Effective Date by and between [Name of Corporation], a [State of Incorporation of Corporation] corporation with offices located at [Address of Corporation], (“Corporation”) and the Subscriber, as defined hereunder.

WITNESSETH

WHEREAS, Pet of Mine has developed and owns that certain Pet of Mine.com (as defined hereinafter) for use and access by Subscriber via the Internet; and

WHEREAS, Subscriber desires to access and use the Pet of Mine.com in accordance with the terms and provisions of this Agreement;

NOW, THEREFORE, in consideration of the mutual benefits of the covenants and restrictions herein contained, Subscriber and Pet of Mine.com hereby agree as follows:

ARTICLE I: RECITALS AND DEFINITIONS

Section 1.01 -- Recitals: The above recitals and identification of parties are true and correct.

Section 1.02 -- Definitions: The following definitions shall apply:

(1) Access: The term “access” and variants thereof (including, without limitation, “accessing” and “accessible”) shall mean to store data in, retrieve data from or otherwise approach, display, reproduce, frame, establish a Link to, or make use of (directly or indirectly) through electronic means or otherwise.

(2) [Pet of Mine.com]: The term “[Pet of Mine.com]” shall mean that certain Web Site referred to as the Pet of Mine.com, which is located on the Internet at www.PetofMine.com, including any and all Corporation Technology used, incorporated, stored or accessible therein, as implemented on the Corporation System and made accessible to Subscriber through the Internet using the Password.

(3) Effective Date: The term “Effective Date” shall mean the date the Subscriber receives the Password from Pet of Mine or accesses Pet of Mine.com, whichever occurs first.

(4) Corporation Marks: The term “Corporation Marks” shall mean trademarks, trade names, service marks and trade dress of Pet of mine and parent companies, subsidiaries and affiliates of Pet of Mine, including, without limitation, the [Trademark].

(5) Corporation System: The term “Corporation System” shall mean computer systems and communication equipment used for hosting Pet of Mine.com and providing Subscriber access to Pet of Mine.com.

(6) Corporation Technology: The term “Corporation Technology” shall mean any and all Technology developed by or for Pet of Mine.

(7) Internet: The term “Internet” shall mean that certain global network of computers commonly referred to as the Internet, including (without limitation) the World Wide Web.

(8) Licensed Content: The term “Licensed Content” shall mean third party Technology incorporated in whole or part into Pet of Mine.com.

(9) Link: The term “Link” shall mean text, icons, graphic symbols that upon selection or activation, link or associate to, execute access or retrieve an off-screen Web Site or Technology.

(10) Password: The term “Password” shall mean that certain password and SUBSCRIBER name assigned by Pet of Mine to Subscriber for accessing the website Pet of Mine.com as may be modified from time to time as provided hereunder.

(11) Policy Statement: The term “Policy Statement” shall mean those certain written statements of policies (in printed or electronic form) concerning access to Pet of Mine.com as may be adopted by Pet of Mine and as modified by Pet of Mine from time-to-time.

(12) Restatements: The term “Restatements” shall mean Section 757 of the Restatement of Torts, Section 39 of the Restatement (Third) of Unfair Competition, Section 1 of the Uniform Trade Secrets Act and 18 U.S.C. §1839.

(13) Subscriber: The term “Subscriber” shall mean the individual or entity assigned the password used to access the website Pet of Mine.com.

(14) Technology: The term “Technology” shall mean information, data, ideas, works of authorship, computer software, source code, object code, executable code, software libraries, documentation, databases, database designs, data dictionaries, data models, fields, records, scripts, texts, interfaces, interface designs, screen displays, Web Sites, web pages, Links, visual works, graphic images, audio, video, compilations, formulas, methodologies, techniques, processes, procedures, adaptations, derivative works, computers, hardware, peripherals, components, networks, product lists, supplier lists and customer lists.

(15) Term: The term “Term” shall mean a period of time starting on the Effective Date and ending on the date either party cancels the Password as provided hereunder.

(16) Unauthorized Access: The term “Unauthorized Access” shall mean any access to [Pet of Mine.com] except for access during the Term for the exclusive purpose of viewing, browsing, retrieving, uploading and posting information on and ordering products through Pet of Mine.com using the Password on behalf of Subscriber in accordance with this Agreement.

(17) Unauthorized User: The term “Unauthorized User” shall mean any individual who accesses the [Pet of Mine.com] except for Subscriber and employees and agents of Subscriber authorized by Subscriber to access the [Pet of Mine.com] for purposes of viewing, browsing, retrieving, uploading and posting information on and ordering products through the website Pet of Mine.com during the Term using the Password on behalf of Subscriber in accordance with this Agreement.

(18) Web Site: The term “Web Site” shall mean that certain multimedia interactive product which is a compilation of data, information, computer software, graphics, audiovisual, components and coding formatted for use on the world-wide-web of the Internet and commonly referred to as a web site.

ARTICLE II: SCOPE OF USE

Section 2.01 -- Access: Pet of Mine hereby grants Subscriber a non-exclusive, non-transferable and revocable license to access the website Pet of Mine.com, during the Term, solely for viewing, browsing, retrieving, uploading and posting information, and ordering products on or through Pet of Mine.com, subject to the terms and provisions of this Agreement. Subscriber agrees not to post any content that is demeaning, abusive, obscene, threatening, pornographic, unlawful, racially offensive, or any other content not in line with the family-friendly theme of Pet of Mine.com. The Pet of Mine website does not allow users to hide or remove the Pet of Mine header or banner Ad in order to customize user profile. If violated the account will be terminated.

Section 2.02 -- Policy Statement: During the Term, Subscriber shall comply with the Policy Statement. Pet of Mine may modify the Policy Statement from time to time at the exclusive discretion of Pet of Mine.

Section 2.03 -- Password: Subscriber hereby accepts responsibility for, and shall be liable for, all access to the [Pet of Mine.com] in connection with the Password. Subscriber shall be responsible for the confidentiality of the Password. Modification of the Password shall be subject to the approval of Pet of Mine.

Section 2.04 -- Unauthorized Access: Subscriber shall prevent Unauthorized Users from accessing Pet of Mine.com. Subscriber shall prevent Unauthorized Access to Pet of Mine.com.

Section 2.05 -- Cancellation: Pet of Mine may cancel the Password, for convenience and in the exclusive discretion of Pet of Mine, upon providing written notice of such cancellation to Subscriber in accordance with Section 5.06 of this Agreement. Subscriber may cancel the Password, for convenience and in the exclusive discretion of Subscriber, upon providing written notice of such cancellation to Subscriber in accordance with Section 5.07 of this Agreement. Upon cancellation of the Password, Subscriber shall immediately cease and desist any and all access to and attempts to access Pet of Mine.com.

ARTICLE III: INTELLECTUAL PROPERTY

Section 3.01 -- Ownership and Title: Title to Pet of Mine.com (excluding Licensed Content), including ownership rights to any and all patents, copyrights, trademarks and trade secrets in connection therewith shall be the exclusive property of Pet of Mine.

Section 3.02 -- Unauthorized Use: Subscriber shall not copy or download the website Pet of Mine.com. Subscriber shall not access, modify, reverse engineer, reproduce, display, perform or distribute, including (without limitation) by framing or similar means, the website Pet of Mine.com.

Section 3.03 -- Trademarks: Pet of Mine shall retain all rights, title and ownership interests in the Corporation Marks and goodwill associated therewith. Subscriber acknowledges that, excepting the Corporation Marks, all other product, service and company names mentioned in Pet of Mine.com may be trademarks of their respective owners.

Section 3.04 -- Proprietary Information: Subscriber shall hold Corporation Technology in strict confidence and shall not access or disclose Corporation Technology except as otherwise permitted under this Agreement. Subscriber hereby acknowledges and agrees that the Corporation Technology derives independent economic value (actual or potential) from not being generally known to other persons who can obtain economic value from its disclosure or use and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; is the subject of reasonable efforts under the circumstances to maintain its secrecy; and is a trade secret as defined under the Restatements.

Section 3.05 -- No Contest: Subscriber shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Pet of Mine in connection with the website Pet of Mine.com.

Section 3.06 -- Subscriber Submissions: Any Technology (except the Password and ordering information) uploaded, posted or submitted by Subscriber on the website Pet of Mine.com shall be deemed non-confidential. Subscriber hereby grants Pet of Mine an irrevocable, worldwide, perpetual, nonexclusive license to access, use, reproduce, modify, adapt, release, perform, display, distribute, sell and disclose such Technology, in whole or in part, in any manner and for any purpose whatsoever, and to have and authorize others to do so. Subscriber represents and warrants that Subscriber possesses all necessary rights, title and interests to rightfully grant Pet of Mine the foregoing license, free and clear of any encumbrances, third party interests and restrictions. Subscriber also represents and warrants that all information provided by Subscriber in connection with the [Pet of Mine.com] and this Agreement is true, complete and accurate.

ARTICLE IV: WARRANTY AND INDEMNIFICATION

Section 4.01 -- Express Warranties: Subscriber hereby acknowledges and agrees that Pet of Mine (including officers, employees, agents, directors and independent contractors of Pet of Mine has not made or granted to Subscriber any express warranties concerning the website Pet of Mine.com or any products and services offered through Pet of Mine.com. Subscriber hereby acknowledges that Pet of Mine.com does not constitute grant of an express warranty concerning any products and services offered through Pet of Mine.com and Subscriber hereby waives any and all claims of warranty based on Pet of Mine.com.

SECTION 4.02 -- WARRANTY LIMITATION: PET OF MINE.COM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PET OF MINE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES BY PET OF MINE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH PET OF MINE.COM AND PRODUCTS AND SERVICES OFFERED THROUGH PET OF MINE.COM. PET OF MINE DOES NOT WARRANT AND SUBSCRIBER HEREBY WAIVES ANY WARRANTY THAT USE OF OR ACCESS TO PET OF MINE.COM BY SUBSCRIBER WILL BE UNINTERRUPTED OR ERROR FREE. PET OF MINE DOES NOT MAKE ANY WARRANTY AND SUBSCRIBER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF PET OF MINE.COM OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF PET OF MINE.COM. SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE INTERNET AND PET OF MINE.COM SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF SUBSCRIBER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND PET OF MINE.COM.Section 4.03 -- Inaccuracies: Subscriber hereby acknowledges that Pet of Mine.com may contain errors, inaccuracies and omissions. Subscriber shall assume any and all risk of loss, harm or damage associated with Subscriber access to and use of Pet of Mine.com.SECTION 4.04 -- LIMITATION OF LIABILITY: PET OF MINE SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I) USE, PERFORMANCE OR OPERATION OF PET OF MINE.COM; (II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY SUBSCRIBER; (III) LOSS OF DATA; AND (IV) PRODUCTS AND SERVICES OFFERED THROUGH THE PET OF MINE.COM), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, AND REGARDLESS OF WHETHER PET OF MINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.SECTION 4.05 -- LIMITATION OF DAMAGES: THE SOLE REMEDY OF SUBSCRIBER FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, PET OF MINE.COM, AND PRODUCTS AND SERVICES OFFERED THROUGH PET OF MINE.COM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE MODIFICATION OF PET OF MINE.COM, AS DETERMINED BY PET OF MINE.

Section 4.06 -- Indemnification: Subscriber shall release, defend, indemnify and hold harmless Pet of Mine (including its officers, directors, employees, affiliates, contractors and agents) from and against any expense, loss, cost or liability (including, without limitation, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use by Subscriber of the Internet, Pet of Mine.com or products or services offered through Pet of Mine.com (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of Pet of Mine.com; (iii) Subscriber’s negligence or any tortious acts (or failures to act) of Subscriber; (iv) products or services offered through Pet of Mine.com; and (v) any breach by Subscriber of the obligations of Subscriber under this Agreement.

Section 4.07 -- Export Assurance: Subscriber shall not perform any act in conflict with or in violation of the export laws and regulations of the United States of America, including (without limitation) the Export Administration Act, 50 U.S.C. §2401, et seq., the Export Administration Regulations, 15 C.F.R. Parts 730-774, the Arms Export Control Act, 22 U.S.C. §2751, and the International Traffic in Arms Regulations, 22 C.F.R. Parts 120-130, as amended.

Section 4.08 -- Links: Subscriber hereby acknowledges that Pet of Mine.com may contain Links to third party Web Sites. Any such Links are provided solely as a convenience to Subscriber and do not constitute an endorsement by Pet of Mine of such Web Sites and the third party content therein.

ARTICLE V: MISCELLANEOUSSection 5.01 -- Entire Agreement: This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all previous verbal and written agreements between Pet of Mine and Subscriber relating to the subject matter hereof.

Section 5.02 -- Amendments and Modifications: Excepting modifications made to the Policy Statement by Pet of Mine and modifications made to this Agreement by Pet of Mine, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of Pet of Mine.

Section 5.03 -- Severability: If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.

Section 5.04 -- Captions: The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

Section 5.05 -- Governing Law: This Agreement shall be governed by the laws of the state of Massachusetts, without regard to any rules of conflict or choice of laws which may require the application of laws of another state.

Section 5.06 -- Subscriber Notice: All notices to Subscriber shall be in writing. Notices to Subscriber shall be deemed delivered when posted conspicuously on Pet of Mine.com or when delivered to Subscriber electronically, by commercial overnight delivery service, by Certified or Registered Mail - Return Receipt Requested - or by hand. Notices to Subscriber shall be deemed given when dispatched. Notices posted conspicuously on Pet of Mine.com or delivered to Subscriber electronically (including, without limitation, electronic mail) shall be deemed written notices.

Section 5.07 -- Corporation Notice: All notices to Pet of Mine shall be in writing. Notices to Pet of Mine shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail - Return Receipt Requested - or by hand to the address set forth below for Pet of Mine. Notices to Pet of Mine shall be deemed given on the date notice is received by Pet of Mine (as evidenced in the case of Certified or Registered Mail by Return Receipt).

Section 5.08 -- Pronouns/Gender: Pronouns and nouns shall refer to the masculine, feminine, singular or plural as the context shall require.

Section 5.09 -- Remedies: All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. The parties hereby acknowledge and agree that damages at law will be an inadequate remedy to Pet of Mine. In addition to remedies at law and other rights which may be available, Pet of Mine shall have the right of specific performance, injunction or other equitable remedy (including, without limitation, the right to such equitable remedies prior to or pending arbitration) in the event of a breach or threatened breach of this Agreement by Subscriber.

Section 5.10 -- Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.

Section 5.11 -- Survival: The terms and provisions of Sections 2.04 and 2.05 and Articles I, III, IV and V of this Agreement shall survive cancellation of the Password.

Section 5.12 -- Public Announcements: All public announcements concerning Pet of Mine.com or the relationship of Subscriber and Pet of Mine shall be subject to the prior written approval of Pet of Mine.

Section 5.13 -- Litigation Expense: In the event of litigation or arbitration arising out of or relating to this Agreement, each party shall pay its own costs and expenses of litigation or arbitration (excluding fees and expenses of arbitrators and administrative fees and expenses of arbitration).


Pet of Mine PRIVACY NOTICE

Pet of Mine respects your privacy and is committed to protecting the personal information that you share with us. Generally, you can browse through our website without giving us any information about yourself. When we do need your personal information to provide services that you request or when you choose to provide us with your personal information, this policy describes how we collect and use your personal information.

Collection of personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal interests, and other information when needed to provide a service you requested. When you browse our website, you do so anonymously, unless you have previously indicated that you wish Pet of Mine to remember your login and password.

We do not automatically collect personal information, including your email address. We do log your IP address, the Internet address of your computer, to give us an idea of which part of our website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have logged in to our website. Like many other commercial websites, the Pet of Mine website may use a standard technology called a cookie to collect information about how you use the site. Please go to Cookies and Tracking Information below for more information. Pet of Mine collects personal information when you register with Pet of Mine for a Pet of Mine account, when you use certain Pet of Mine products or services, when you participate in an online survey, when you ask to be included in an email or other mailing list, or you submit an entry for a sweepstakes or other promotions, or when you submit your personal information to Pet of Mine for any other reason. Access to certain Pet of Mine web pages requires a login and a password. Unless you request deletion of your personal information as specified below, your personal information may be retained by Pet of Mine.

Notice:
When personal information is collected, we will inform you at the point of collection the purpose for the collection. Pet of Mine will NEVER transfer your personal information to third parties. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of Pet of Mine website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. If you prefer not to receive cookies while browsing our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of the Pet of Mine website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our website. You do not need to have cookies turned on, however, to use or navigate through many parts of our website, except access to certain of Pet of Mine web pages may require a login and password.

How We Use Information Collected
Pet of Mine uses information for several general purposes: to personalize your experience on our website, to keep you up to date on the latest Pet of Mine announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you direct marketing information or contact you for market research.

Information Sharing and Disclosure
Your personal information is never shared outside Pet of Mine. Inside Pet of Mine, data is stored in controlled servers with limited access. Your information may be stored and processed in the United States or any other country where Pet of Mine, its subsidiaries, affiliates or agents are located.

If you are a registered Pet of Mine user, you can review your personal information by accessing your account information on the Pet of Mine website. You may also request deletion of your Pet of Mine account or any of your personal information held by us by sending an email to info@petofmine.com.

Data Security:
Your Pet of Mine account information is password-protected for your privacy and security. Pet of Mine safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our websites, Pet of Mine uses industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

Children and Privacy
Our websites do not target and are not intended to attract children under the age of 13. Pet of Mine does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

Third Party Sites:
The Pet of Mine website contains links to other sites. Pet of Mine does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. Our website may contain links to websites operated by other companies. Some of these third-party sites may be co-branded with a Pet of Mine logo, even though they are not operated or maintained by Pet of Mine. Although we choose our business partners carefully, Pet of Mine is not responsible for the privacy practices of web sites operated by third parties that are linked to our site. Once you have left our website, you should check the applicable privacy policy of the third party website to determine how they will handle any information they collect from you.

Changes to this Privacy Policy
Pet of Mine will amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site.

Questions or Suggestions:
If you have questions or concerns about our collection, use, or disclosure of your personal information, please email us at info@petofmine.com.