(Last modified 12/20/2006)
You must read, agree with and
accept all of the terms and
conditions contained in this
Subscription Agreement which
include those terms and
conditions expressly set out
below and those incorporated by
reference. We strongly
recommend that, as you read this
Subscription Agreement, you also
access and read the information
contained in the other pages and
websites referred to in this
document, as they may contain
further terms and conditions
that apply to you as a user, as
well as our Privacy Policy.
Unless we indicate otherwise,
these agreements apply to your
use of the PETS OK™ Rental Hot
Sheet and the websites which are
owned or operated by PETS OK™,
("PETS OK.com") and our
affiliates (collectively, "we,"
"us," or "our"), including,
without limitation, this website
and any other website that we
may own or operate currently or
in the future (collectively, our
"Website").
By using our online fee-based
products or offerings you agree
to the terms and conditions set
forth in this Subscription
Agreement and Terms of Service
Agreement. We reserve the right
to change, modify, add or remove
provisions for this agreement at
any time.
Terms and Conditions of Service:
Your
subscription is for 30
continuous days of the daily
PETS OK™ Rental Hot Sheet and
/or access to the subscriber
portion of the petsok.com
website. Once you receive your
first PETS OK™ Rental Hot Sheet
or access to the subscriber
section of the PETS OK™ website,
billing begins and your
subscription will automatically
renew based on a 30-day billing
cycle, until you tell us to
cancel pursuant to the
cancellation policy below. We
will attempt to notify you,
using the personal information
you provided to us,
approximately 1 - 3 days before
your subscription is due to
expire.
Unless otherwise specified, you
are granted a non-exclusive,
non-transferable, limited right
to receive and print the PETS
OK™ Rental Hot Sheet and access,
use and display this Website and
the material provided hereon,
that you subscribe to, for your
personal, noncommercial use,
provided that you comply fully
with the provisions of this
Agreement. You agree not to
share the data contained on your
PETS OK™ Rental Hot Sheet or
assign, transfer or sublicense
your rights as a registered user
of, or subscriber to, this
Website and/or our subscription
or fee based services.
By using this Website and/or our
subscription/fee based services,
you agree to be legally bound
and to abide by this Agreement,
just as if you had signed this
Agreement. We reserve the right
to cancel or terminate your
password, user account, and/or
access to this Website (or any
part thereof) and/or our
subscription/fee based services.
In our sole discretion and
without prior notice or
liability, we may discontinue,
modify or alter any aspect of
the Website or our
subscription/fee based services,
including, but not limited to, (i)
restricting the amount of use
permitted (ii), restricting the
time the Website and/or a
subscription/fee based services
is available, and (iii)
restricting or terminating any
user's right to use the Website
and/or any of our
subscription/fee based services.
You agree that any termination
or cancellation of your access
to, or use of, the Website
and/or our subscription/fee
based may be effected without
prior notice. Further, you agree
that we shall not be liable to
you or any third-party for any
termination or cancellation of
your access to, or use of, our
Website and/or our
subscription/fee based services,
except for a refund of any fees
or charges prepaid by you with
respect to our subscription/fee
based services in accordance
with the Refund Policy of this
Agreement. You acknowledge that
your only right with respect to
any dissatisfaction with any
modification or discontinuation
of service made by us pursuant
to this provision or this
Agreement, or any policies or
practices by us in providing
this Website or our
subscription/fee based services,
including without limitation any
change in content or any change
in the amount or type of fees or
charges associated with
services, is to cancel or
terminate your subscription or
registered user account, as
applicable.
PETS OK™ provides information
and tools to help subscribers
find a pet friendly rental
property. All third party
information available through
the Service is protected by
copyright or other intellectual
property laws. You may display,
print and transmit information
obtained through the Service
only for your own personal,
non-commercial use. You may not
reproduce, retransmit,
distribute, store in a
retrievable device, disseminate,
sell, publish, broadcast or
circulate the information
obtained through the Service
without the express written
consent of PETS OK™. All other
information provided by PETS OK™
is the copyrighted property of
PETS OK™. Your use of this
information is limited to you
alone under the terms of this
agreement. It may not be copied,
retransmitted, sold or provided
to others in any form or format
except as provided for in this
Subscription Agreement. Printed
copies must clearly bear the
copyright notice of
NextClient.com, Inc. You are
expressly prohibited from
removing or altering the
copyright notice of PETS OK™ as
it appears on the newsletter.
Certain portions of our website
may only be available to people
who purchase a subscription
access to our tools, services
and information. As a subscriber
you agree to:
-
Keep
all pet-friendly rental
information, confidential.
-
Not
use any information obtained
through the Service for any
unlawful or unauthorized
purpose.
-
Use a
valid credit card (or other
form of payment that may be
available at the time).
-
Pay
for these fees which may
include one time fixed fees,
monthly recurring fees and
other applicable taxes and
charges.
-
Be
responsible for all charges
and fees associated with
connecting to our Website.
-
Provide us with true,
accurate and complete
information during the
sign-up including your legal
name, address, e-mail
address, phone number and
billing information.
Upon reasonable advance notice
we reserve the right to increase
charges and fees, or to
institute new charges or fees.
We will automatically charge
your credit card or your account
at the start of your renewal
period unless you terminate or
cancel your subscription before
the relevant renewal period
begins. In the event that we
cannot charge your account, we
reserve the right to terminate
your access. If you purchased a
discounted or prepayment plan
and are no longer eligible for
that rate, you will
automatically be renewed at our
standard subscription rate and
period.
Transfer, Cancellation or
Termination of your Subscription
and Refund Policy:
Except as described herein, your
subscription is not transferable
to, or usable by, another
person, business or other entity
without our consent.
You may cancel your subscription
at any time. This can be done
either by e-mail to
customerservice@petsok.com
or by leaving a message at
808-299-PETS.
We process cancellation
requests within 48 business
hours after we receive them.
Once you have cancelled your
service you will not be billed
for future periods and you will
need to reactivate your service
to gain access to your account.
Due to the nature of the PETS
OK™ service, and because PETS
OK™ provides a minimum of 70 pet
friendly properties to all new
subscribers, and considering the
large amount of upfront work
that is done by our staff to
collect the data and process
your subscription, , there
are no refunds.
Our Subscription and/or fee
based services may be limited
based on set criteria that we
establish from time to time
and/or at our own discretion.
For example individuals under
the age of 18, and PETS OK™
competitors, may not subscribe
to our subscription and fee
based services. Licensed
Realtors and real Estate
Professionals may subscribe to
this service as a tool to assist
their clients in locating pet
friendly rentals.
We will use certain technologies
to monitor your use of our
service to be certain it is in
compliance with the terms of
this agreement. Intentional use
of the service in a manner
inconsistent with this agreement
will be grounds for termination
of your subscription. No full or
partial refunds will be offered
for subscriptions terminated for
intentional use of the service
not in compliance with this
agreement.
Access to the service using
special computer programs (Web
Robots, Web Wanderers, Crawlers,
or Spiders) designed to
systematically download the
information in the database is
strictly prohibited. We will use
certain technologies to detect
the use of these programs. Their
use is a violation of this
agreement and is grounds for
immediate termination of your
subscription (without a full or
partial refund of your
subscription fee).
Password and User Account:
You are responsible for
maintaining the confidentiality
of your information and
password. You shall be
responsible for all uses of your
registration, whether or not
authorized by you. You must
notify us immediately in the
event of any known or suspected
unauthorized use of your user
account, or any known or
suspected breach of security,
including loss, theft, or
unauthorized disclosure of your
or anyone else's password.
DISCLAIMER OF WARRANTIES AND
LIMITATIONS OF LIABILITY:
WE, OUR SUBSIDIARIES, EMPLOYEES
AND OUR SUPPLIERS PROVIDE OUR
WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESSED, IMPLIED OR
STATUTORY. WE, OUR SUBSIDIARIES,
EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do
not allow the disclaimer of
implied warranties, so the
foregoing disclaimer may not
apply to you. This warranty
gives you specific legal rights
and you may also have other
legal rights that vary from
state to state.
IN NO EVENT SHALL WE, OUR
SUBSIDIARIES, EMPLOYEES OR OUR
SUPPLIERS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN
CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING
NEGLIGENCE).
OUR
LIABILITY, AND THE LIABILITY OF
OUR SUBSIDIARIES, EMPLOYEES, AND
SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE GREATER OF (A)
THE AMOUNT OF FEES YOU PAY TO US
IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY,
AND (B) $10. Some States do not
allow the exclusion or
limitation of incidental or
consequential damages, so the
above limitation or exclusion
may not apply to you.
You agree to indemnify and hold
us and (as applicable) our
parent, subsidiaries,
affiliates, officers, directors,
agents, and employees, harmless
from any claim or demand,
including reasonable attorneys
fees, made by any third party
due to or arising out of your
breach of this Agreement or the
documents it incorporates by
reference, or your violation of
any law or the rights of a third
party.
PETS OK™ will use reasonable
efforts to assure the accuracy,
responsiveness and availability
of the service to its
subscribers. Under no
circumstance will we be liable
for any direct or indirect
damages with respect to the
accuracy of the information, the
availability of the service, the
responsiveness of the service or
your use of information provided
to you by the service.
Neither PETS OK™ not the third
party providers of pet friendly
listings and other services are
responsible for any delay in
your receipt of the PETS OK™
Rental Hot Sheet resulting from
the inherent limitations of
internet and email transmission
via the World Wide Web. Due to
the number of sources from which
information is obtained, and the
inherent hazards of electronic
distribution, there may be
delays, omissions or
inaccuracies in the listings.
PETS OK™ does not represent or
warrant that any of the
information and resources
presented on its web pages, its
subscribers' websites, or on the
internet generally, will be
uninterrupted or error free,
that defects will be corrected,
or that the services and
materials provided or the server
from which it is accessed are
free from viruses or other
harmful components.
This Agreement is governed by
Texas Law. Any action against
PETS OK™ must be brought in the
state of TEXAS, USA. You agree
that the state or federal courts
located in Dallas, Texas, United
States of America, shall have
exclusive jurisdiction and venue
over any action arising out of
or in relation to the Agreement
or your use of the petsok.com
site. You waive any claim that a
court located in the state of
Texas, lacks personal
jurisdiction over you, is an
improper venue, or is an
inconvenient forum. If you have
any questions about our
Subscription Agreement please
direct them to
customerservice@petsok.com.
Subscribers should use every
reasonable caution in making any
rental agreement with the
property owners, managers, and
representatives listed,
including whatever is necessary
to assure that your rental
contract is legal in the
jurisdictions in which you and
the property are located
Force Majeure
The Company shall not be
responsible for delays or
failures (including any delay by
the Company to make progress in
the prosecution of any Services)
if such delay arises out of
causes beyond its control.
Such causes may include,
but are not restricted to, acts
of God or of the public enemy,
fires, floods, epidemics, riots,
quarantine restrictions,
strikes, freight embargoes,
earthquakes, electrical outages,
computer or communications
failures, and severe weather,
and acts or omissions of
subcontractors or third parties.
Severability
Should any part of this
Agreement for any reason be
declared invalid, such decision
shall not affect the validity of
any remaining provisions, which
remaining provisions shall
remain in full force and effect
as if this Agreement had been
executed with the invalid
portion thereof eliminated, and
it is hereby declared the
intention of the parties that
they would have executed the
remaining portion of this
Agreement without including any
such part, parts, or portions
which may, for any reason, be
hereafter declared invalid.
Any provision shall
nevertheless remain in full
force and effect in all other
circumstances.
Modification and Waiver
Waiver of breach of this
Agreement by either part shall
not be considered a waiver of
any other subsequent breach.
Section Headings
Title and headings of sections
of this Agreement are for
convenience of reference only
and shall not affect the
construction of any provision of
this Agreement.
Complete Agreement
This is the complete agreement
with respect to your use the
PETS OK™ Rental Hot Sheet and
the Subscription and/or fee
based services of PETS OK™ and
petsok.com. Nothing published or
said elsewhere should be viewed
as a modification of this
agreement. The foregoing terms
shall survive any termination of
your right to access or receive
the services, products and
materials provided by PETS OK™.
