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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEB
SITE. All users of this web site agree that access to and use of this web site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this web site.
Copyright
The entire content included in this web site, known as Kitten Distemper with the
URL http://www.kittendistemper.com,
including but not limited to text, graphics or code (the Site) is copyrighted as
a collective work under the
United States
and other copyright laws, and is the property of Kitten Distemper. The
collective work includes works that are licensed to Kitten Distemper. Copyright
2009, Kitten Distemper, ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of the Site for the sole purpose of placing an order with Kitten
Distemper or purchasing Kitten Distemper products. You may not display and,
subject to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas of
the Site. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of the Site is strictly
prohibited, unless authorized by Kitten Distemper. You further agree not to
change or delete any proprietary notices from materials downloaded from the
Site.
Trademarks
All trademarks, service marks and trade names of Kitten Distemper used in the
Site are trademarks or registered trademarks of Kitten Distemper.
Warranty Disclaimer
The Site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, Kitten Distemper disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Kitten Distemper does not represent or warrant that the
products sold on the Site will perform as described, or that the functions
contained in the Site will be uninterrupted or error-free, that the defects will
be corrected, or that the Site or the server that makes the Site available are
free of viruses or other harmful components. Kitten Distemper does not make any
warrantees or representations regarding the use of the materials in the Site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Kitten Distemper shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this site
or the performance of the products, even if Kitten Distemper has been advised of
the possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. IN NO EVENT SHALL THE TOTAL
LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR
RELATED TO THIS AGREEMENT,
KITTEN
DISTEMPER WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING Kitten Distemper WEBSITE.
Veterinary Advice
The product recommendations, pet health care advice, and other information
provided on the Site (Site Content) are not to be construed as veterinary advice
and are not meant to be a substitute for a consultation with a certified
veterinarian. The Site Content is provided "as is" to assist you in the
selection of appropriate products for your pets, but should not be relied upon
to make important health care decisions for your pets. If your pet is ill, you
should take it to a certified veterinarian for an examination and diagnosis.
Typographical Errors
In the event that a product sold on the Site is mistakenly listed at an
incorrect price, Kitten Distemper reserves the right to refuse or cancel any
orders placed for such product listed at the incorrect price. Kitten Distemper
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled, Kitten Distemper
shall issue a credit to your credit card account in the amount of the incorrect
price.
Price Changes
All prices listed on the Site are subject to change without notice. Kitten
Distemper will need to modify prices from time to time and is not able to honor
lower prices previously posted on the Site.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Kitten Distemper without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Kitten Distemper may deliver notice to you by means of e-mail, a general notice
on the Site, or by other reliable method to the addresses you have provided to
Kitten Distemper.
Miscellaneous
Your use of the Site shall be governed in all respects by the laws of the state
of California,
U.S.A.,
without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or
relating to the Site (including but not limited to the purchase of Kitten
Distemper products) shall be in the state or federal courts located in Los
Angeles, Los Angeles County, California. Any cause of action or claim you may
have with respect to the Site (including but not limited to the purchase of
Kitten Distemper products) must be commenced within one (1) year after the claim
or cause of action arises. Kitten Distemper's failure to insist upon or enforce
strict performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. Kitten Distemper may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including Kitten Distemper or other licensed employee, host, or
representative, as well as other members or visitors on the Site is prohibited.
You may not upload to, distribute, or otherwise publish through the Site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party or
which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the Site or use the Site to solicit others to join
or become members of any other commercial online service or other organization.
Participation
Disclaimer
Kitten Distemper does not and cannot review all communications and materials
posted to or created by users accessing the Site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the Site, Kitten Distemper is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the Site. However, Kitten
Distemper reserves the right to block or remove communications or materials that
it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Kitten Distemper in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Kitten Distemper, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
these terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the Site
using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Kitten Distemper may
link to web sites operated by third parties. However, even if the third party is
affiliated with Kitten Distemper, Kitten Distemper has no control over these
linked web sites, all of which have separate privacy and data collection
practices, independent of Kitten Distemper. These linked web sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
Kitten Distemper seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own web site,
but for web sites it links to as well (including if a specific link does not
work).
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