ORGIT Software Corporation
TERMS OF USE OF WEBSITE
PLEASE
READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS SITE.
Your use of this website is expressly conditioned on your acceptance of
the following terms and conditions. By
using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the
following terms and conditions, you must not use this website.
Copyright © 2008, Orgit
Software Corporation
ALL RIGHTS RESERVED.
1.
OWNERSHIP. This website, and each of its components, is the
copyrighted property of ORGIT Software Corporation.
("ORGIT"), and its various third-party providers and
distributors. Portions of the content
found on this website may be owned by third-party providers and distributors
and is the copyrighted work of the respective third-party providers. Except for "user content" (defined
hereafter), none of the content or data found on this website may be
reproduced, republished, distributed, sold, transferred, or modified without
the express written permission of ORGIT and its third-party providers and
distributors. In addition, the
trademarks, logos and service marks displayed on this website (collectively,
the "Trademarks") are registered and common law trademarks of ORGIT,
its affiliates, and various third parties.
Nothing contained on this website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of the
Trademarks without the written permission of ORGIT or such other party that may
own the Trademark. Any and all content
that you enter or edit is defined as “user content” and is considered your
property.
2.
USE OF SITE. You may only use this website to: (i) enjoy a
free trial offer, subscribe, register, launch the application and shop; (ii) browse,
enter or edit user content in Pet Profiles; (iii) obtain standardized reports
or checklists from the Main Menu; (iv) use the options in the Main Menu; and (v)
add or edit personal information. You
enter and edit user content at your own risk.
This site and the content provided in this website, other than the user
content on standardized reports and checklists that are provided by this
service, may not be copied, reproduced, republished, uploaded, posted,
transmitted or distributed without the written permission of ORGIT. "Deep-linking," "embedding"
or using analogous technology is strictly prohibited unless specifically
authorized in writing. Unauthorized use
of this website and the materials contained on this website may violate
applicable copyright, trademark or other intellectual property laws or other
laws. You must retain all copyright and
trademark notices, and any other proprietary notices, contained in the
materials. The use of such materials on
any other website or in any environment of networked computers is
prohibited. You are prohibited from
posting to or transmitting from this website any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise
violate any law. If we suspect this type
of activity, we retain the right to immediately suspend your Free Trial or your
Annual Subscription, delete your user content and close your account. Fees will not be refunded. The links from this website to any other websites
are provided for your information and convenience only. ORGIT does not assume any responsibility or
liability with respect to any website linked from this website (or any website
linking to this website), including its content and operation. ORGIT does not review or monitor such
links. A link from this website to
another website (or a link from another website to this website) does not
constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to
such website, its contents, or any products or services advertised or
distributed through that website. While
this website may contain "links" to other
sites, we are not responsible for the content or the privacy practices employed
by other sites. You agree that you will
not use any device, software or other instrumentality to interfere or attempt
to interfere with the proper working of this website, and that you will not
take any action that imposes an unreasonable or disproportionately large load
on our infrastructure. In addition, you
agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein
(consent is deemed given for standard search engine technology employed by
Internet search websites to direct Internet users to this site). User consents that all user content and / or
personal data will be transferred to and / or processed in the USA. Upon expiration of a Free Trial or
Subscription period, all of your personal information and user content except
for your email address will be deleted and your account will be closed within a
reasonable period of time. Once this
occurs, we may not be able to recover or restore your deleted data. We do maintain a daily backup copy of all
user(s) data for a reasonable period of time.
We do this in case we need to restore general service of the website for
all users in case of a disaster, interruption or denial of service. As a matter of practice, we do not restore a
backup for individual matters.
3.
AGE AND RESPONSIBILITY.
You
represent that you are of sufficient legal age to use this website and to
create binding legal obligations for any liability you may incur as a result of
the use of this website. You understand
that you are financially responsible for all uses of this website by you and those
using your login information.
4.
PRIVACY. You represent that you have read the ORGIT Privacy Policy, the terms of
which are incorporated herein, and agree that the terms of such policy are
reasonable. You consent to the use of
any information submitted to ORGIT by ORGIT and its third-party providers and
distributors in accordance with the terms of and for the purposes set forth in
the ORGIT Privacy Policy.
5.
Specials, Promotions and
Sweepstakes/Contests. Please read the official rules that accompany each
special offer, coupon, discount, contest and sweepstakes that we may offer or
conduct.
6.
FREE
TRIAL OFFER(S). A Free
Trial may be available from time to time to provide you with an opportunity to
test drive the service. ORGIT may
occasionally provide free trial offers before a user is expected to subscribe
to the online service for a fee. ORGIT may
limit, change, extend or discontinue any free trial at anytime. Today, a Free Trial includes your access to
use the service with two (2) Pet Profiles for a fixed period of time. At times, we may allow Free Trial Users to
add Additional Pet Profiles to their account for the fee(s) listed in the
Shopping Cart. We do not recommend you
do this during a free trial period, especially if you do not intend to
subscribe to the service. Any free trial
will have an expiration date. We will
attempt to notify you in email about any forthcoming expiration date and give
you an opportunity to subscribe to the service for a fee before your free trial
period expires. We cannot guarantee that
if you successfully subscribe to the mypetsoft.com service before the
expiration date of a free trial period, your user content will not be deleted
from your account. If you receive an
expiration notice in email and choose to let your service term expire, your
user content will be deleted within a reasonable period of time and your
account will be closed. If we do provide
you with an opportunity for a subsequent Free Trial you will need to enter and
edit new data into the new Pet Profiles. In the near future, ORGIT may choose to
support its free-trial model with ad-supported services from third parties
during the free trial period. Therefore,
ads may be placed on the website and on various pages of the application.
7.
PASSWORDS.
This website may
provide you with the ability to use usernames, create and change passwords, or
other codes or devices to gain access to certain portions of this site
("access codes"). We encrypt
your password(s) to help protect access to your personal account information
and user content. We encourage you to
create a strong password and change it periodically. You have the ability to share your
password(s) with others who may be able to access your account and browse or
edit your personal information and user content with or without you
present. In fact, if you share or grant
password access, multiple users can enter your account simultaneously. We will not request your password or access
your account unless you report a service-related issue that may require our
help desk staff to view the problem from a live account. We will only do this with your prior approval
in email. We may prohibit the use of
such access codes on your behalf by third parties where we determine that such
use interferes with the operation of the website or results in activities that
are detrimental to us. In addition, you
agree to be responsible for any activities conducted using your login
information and password(s).
8.
EXCLUSION
OF WARRANTY. ORGIT AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND
REGARDING THIS SITE OR ANY
MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE
PROVIDED ON AN "AS IS" BASIS. ORGIT
AND ANY THIRD-PARTY PROVIDERS DO
NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL
ITEMS. ORGIT WILL NOT BE LIABLE FOR ANY
DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS
WEBSITE OR THE COMPUTER SYSTEM(S) ON WHICH THE WEBSITE AND THE APPLICATION
RESIDE. THE ACCURACY, COMPLETENESS,
CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA
FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. Although we strive to provide on this
website the latest developments relating to our products and services, and
other information about our company, we do not warrant the accuracy,
effectiveness and suitability of any information contained in this
website. Each person assumes full responsibility and all risks arising from use
of this website or from the passage of data across the Internet which is not
secure and which is subject to impairments of service and delays. The information is presented "AS
IS" and may include technical inaccuracies or typographical errors. ORGIT may make additions, deletions, or
modifications to the Information at any time without any prior notification or
user approval. Due to the nature of the Internet, some of your data
may be viewable by unauthorized persons.
Even after expiration, copies of your user content or personal
information may remain in cached or archived pages. Reports and Checklists that are saved or
forwarded by you or others may be copied and shared again.
9.
LIMITATION
OF LIABILITY. ORGIT ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THIS WEBSITE OR YOUR
DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA,
TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT WILL ORGIT OR ANY THIRD-PARTY
PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING, BUT NOT LIMITED TO USER CONTENT, PERSONAL ACCOUNT
INFORMATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH (i) ANY USE OF THIS WEBSITE
OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR
NON PERFORMANCE BY ORGIT OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO
SUCH PARTIES OR ANY OTHER PARTY.
10.
INDEMNIFICATION. You will defend and indemnify ORGIT and
any third-party providers and their officers, directors, employees and agents
from and against any claim, cause of action or demand, including without limitation reasonable
legal and accounting fees, brought by third parties as a result of your use of
this website.
11.
SUBMISSIONS. "Submissions" means all comments,
feedback, suggestions, photos, e-mail and similar
information or materials that you submit to ORGIT regarding the products or
services of ORGIT. Submissions will not
be confidential and will become the property of ORGIT upon submission to ORGIT. By providing any Submissions, you agree to
assign to ORGIT, at no charge, all worldwide rights, title and interest in
copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission
you provide to ORGIT will be complete and accurate. You acknowledge that you are responsible for
the Submissions that you provide, and that you, not ORGIT, have full
responsibility for the Submissions, including their legality, reliability,
appropriateness, originality and copyright.
ORGIT does not prescreen or monitor any Submissions as a matter of
policy.
Except as expressly stated and agreed
upon in advance by ORGIT, no confidential relationship are established in the
event that any user of this website should make any oral, written or electronic
communication to ORGIT (such as feedback, questions, comments, suggestions,
ideas, etc.). If any ORGIT website
requires or requests that such information be provided, and that such
information contains personal identifying information (e.g., name, address,
phone number), ORGIT will obtain, use and maintain it in a manner consistent
with our Privacy Policy .
Otherwise, such communication and any information submitted therewith are
considered non-confidential, and ORGIT are free to reproduce, publish or
otherwise use such information for any purposes whatsoever including, without
limitation, the research, development, manufacture, use or sale of products
incorporating such information. The
sender of any information to ORGIT is fully responsible for its content,
including its truthfulness and accuracy and its non-infringement of any other
person's proprietary or privacy rights.
12.
Product and Service Availability. Reference to any product or service on the website
does not constitute an offer to sell or supply that
product or service and does not mean that the product or service is
available. ORGIT manages all or portions
of the website from Illinois,
in the United States of
America.
We in no way imply that the materials on the website are appropriate or
available for use outside of the United States and we may not be
able to process any transaction for service or fill your order if your credit
card is not issued in the United
States.
13.
REFUNDS.
The annual fee(s)
for a Basic Annual Subscription are non-refundable within the term. In addition, fees for all Additional Pet
Profiles added during the term of the Basic Annual Subscription are not refundable.
14.
FEES and Availability. THE FEES AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT
NOTICE. The listing, description of, or
reference to a service on the website does not imply that the service is
presently available. If a service is listed
at an incorrect fee due to a typographical error, or any other reason, we will
have the right to refuse or cancel any order placed for such product or service
at the incorrect price, even if the order has been confirmed and your credit
card has been charged. If your credit
card has already been charged for the Basic Annual Subscription or Additional
Pet Profiles and your order is cancelled, we will promptly issue a credit to
your credit card account in the amount of the charge. You must pay an annual fee for the Basic
Annual Subscription which is not refundable.
If you add Additional Pet Profiles at anytime within the term they will
expire at the end of your Basic Annual Subscription term. You will pay the “then current” Shopping Cart
Fee(s) for all Additional Pet Profiles added during the Basic Annual
Subscription term. There is no
discounting, prorating or coterminous calculation for Additional Pet Profiles
that may be added during the term. Prior
to the expiration of your initial term, we will bill your credit card to auto
renew your account for a subsequent term.
The billing will include the total fees for the Basic Annual
Subscription and all Additional Pet Profiles added during the prior term. Our system will bill the most current credit
card on file with our processor. Our
website does not maintain a record of your credit card information. You have the option to unregister from the
service at anytime to cancel the service and stop future billing. You are responsible for any payments due for
any products or services ordered through
your account. If we do not receive
payment from your credit card issuer or its agents, you agree to pay all
amounts due to us. You are also
responsible for any costs of collection for overdue payments.
15.
ACCEPTANCE OF ORDER. Your receipt of an electronic or other form of
confirmation does not signify our acceptance of your order. We may at any time after receipt of your
order to accept or decline your order for any reason or for no reason at
all. We may require additional
verifications or information before accepting any order.
16.
Registration and Security. If
you wish to use certain services on the website, you must open an account with
us and provide the required information to us.
By entering any information on the website, you represent and warrant
that: (i) you are at least 18 years of age; (ii) you are using your actual
identity; (iii) you have provided only true, accurate, current and complete
information; and (iv) you will maintain and promptly
update the information that you provide to keep it true, accurate, current and
complete. Additionally, you agree to
maintain the strict confidentiality of your account and any passwords issued to
you for your use of or access to the website or any portion thereof. Your password is encrypted for your
protection. You may choose to share your
login and password with others for any reason.
If you do share your password and that third-party no longer needs
access we encourage you to change your password. You are
responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss
or damage arising from your failure to comply with these
obligations. All information provided to
us will be used in accordance with our Privacy Policy.
If you wish to
cancel a username or password visit the Welcome page
where you can change your password or unregister from the service. If you become aware of any loss, theft or
unauthorized use of a username or password, please notify us immediately at admin@mypetsoft.com.
17.
RELATIONSHIP. Your use of this website is independent of ORGIT and not as an employee, agent, partner, or joint
venturer with ORGIT for any purpose. We
will permit our independent contractors to access portions of this website for
necessary business purposes.
18.
GOVERNING
LAW. This Agreement and its performance are
governed by the laws of the State of Illinois,
United States of America,
without regard to its conflict of laws provisions. You consent and submit to the exclusive
jurisdiction of the state and federal courts located in the State of Illinois, United States of America,
in all questions and controversies arising out of your use of this website and
this Agreement.
19.
ASSIGNMENT. You may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder.
20.
MODIFICATION. ORGIT may at any time modify these Terms of
Use in our discretion without notice.
Your use of this website will be conditioned upon the Terms of Use posted on our
site at the time of your use. Please be sure to review our Privacy
Policy before proceeding to use our website.
21.
ADDITIONAL
TERMS. Additional terms and
conditions may apply to purchases of goods and services and other uses of
portions of this website, and you agree to abide by such other terms and
conditions.
22.
SEVERABILITY. These terms and conditions are deemed
severable. In the event that any provision
is determined to be unenforceable or invalid, such provision will nonetheless
be enforced to the fullest extent permitted by applicable law, and such
determination will not affect the validity and enforceability of any other
remaining provisions.
23.
HEADINGS. The heading used in these Terms and Conditions are
included by convenience only and will not limit or otherwise affect these Terms
and Conditions.
24.
ENTIRE
AGREEMENT. These terms and conditions,
together with those incorporated herein or referred to
herein constitute the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or agreements (whether
oral or written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or modifications
available on this website.
How
to Contact Us. If you have any comments or questions,
please do not hesitate to contact us at admin@mypetsoft.com.
Last Revised July, 2008