{"id":21,"date":"2021-07-27T09:14:09","date_gmt":"2021-07-27T09:14:09","guid":{"rendered":"https:\/\/postmodernpets.com\/?page_id=21"},"modified":"2021-07-27T10:21:54","modified_gmt":"2021-07-27T10:21:54","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/postmodernpets.com\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"21\" class=\"elementor elementor-21\">\n\t\t\t\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-7f915d4b elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"7f915d4b\" data-element_type=\"section\" data-settings=\"{&quot;background_background&quot;:&quot;classic&quot;}\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-29fea7c6\" data-id=\"29fea7c6\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t\t\t<div class=\"elementor-element elementor-element-5a4cd594 elementor-widget elementor-widget-heading\" data-id=\"5a4cd594\" data-element_type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t<style>\/*! elementor - v3.6.6 - 08-06-2022 *\/\n.elementor-heading-title{padding:0;margin:0;line-height:1}.elementor-widget-heading .elementor-heading-title[class*=elementor-size-]>a{color:inherit;font-size:inherit;line-height:inherit}.elementor-widget-heading .elementor-heading-title.elementor-size-small{font-size:15px}.elementor-widget-heading .elementor-heading-title.elementor-size-medium{font-size:19px}.elementor-widget-heading .elementor-heading-title.elementor-size-large{font-size:29px}.elementor-widget-heading .elementor-heading-title.elementor-size-xl{font-size:39px}.elementor-widget-heading .elementor-heading-title.elementor-size-xxl{font-size:59px}<\/style><h1 class=\"elementor-heading-title elementor-size-default\">Terms of Service<\/h1>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-5f7065cf elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"5f7065cf\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-5458cfb0\" data-id=\"5458cfb0\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t\t\t<div class=\"elementor-element elementor-element-57b5dea5 elementor-widget elementor-widget-text-editor\" data-id=\"57b5dea5\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t<style>\/*! elementor - v3.6.6 - 08-06-2022 *\/\n.elementor-widget-text-editor.elementor-drop-cap-view-stacked .elementor-drop-cap{background-color:#818a91;color:#fff}.elementor-widget-text-editor.elementor-drop-cap-view-framed .elementor-drop-cap{color:#818a91;border:3px solid;background-color:transparent}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap{margin-top:8px}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap-letter{width:1em;height:1em}.elementor-widget-text-editor .elementor-drop-cap{float:left;text-align:center;line-height:1;font-size:50px}.elementor-widget-text-editor .elementor-drop-cap-letter{display:inline-block}<\/style>\t\t\t\t<p><strong>Welcome to postmodernpets.com. The following Terms of Use (the \u201cTerms of Use\u201d) contain the terms and conditions governing your use of this website, postmodernpets.com (the \u201cSite\u201d), and any content made available from or through the Site, regardless of the means of transmission or delivery.\u00a0 We may change the Terms of Use, at any time without notice to you, by posting such changes on the Site.<\/strong><\/p><div class=\"default_content\"><div id=\"content\" class=\"article\"><div class=\"static\"><div class=\"body\"><div class=\"content_main\"><p>The Site is provided to you by Post Modern Pets (referred to in this Terms of Use as \u201cPost Modern Pets\u201d, \u201cwe,\u201d \u201cus\u201d \u201cour\u201d, and similar terms).<\/p><p>BY USING THE SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE.\u00a0 If you do not agree to these Terms of Use, you may not access or otherwise use the Site.<\/p><p><strong>1. Proprietary Rights.<\/strong><\/p><p>As between you and us, we own, solely and exclusively, all right, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials used in connection with the Site (collectively, \u201cContent\u201d), the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademarks, patents, databases, moral rights and other intellectual property and proprietary rights therein.\u00a0 Your use of the Site does not grant you ownership of any content, code, data or materials you may access on or through the Site.<\/p><p><strong>2. Limited License.<\/strong><\/p><p>You may access and view the Content on the Site on your computer or other device.\u00a0 Use of the Site is only for your personal, non-commercial use. Post Modern Pets and its affiliates may make available on the Site certain educational videos, exercises, and related supplementary materials that are owned by us or our third-party licensors (the \u201c<strong>Licensed Educational Content<\/strong>\u201d). Post Modern Pets and its affiliates grant to you a limited, non-exclusive, non-transferable, revocable right to access and use the Licensed Educational Content as made available on the Site by Post Modern Pets solely for your personal, non-commercial purposes. Unless expressly indicated on the Site that a particular item of Licensed Educational Content is made available under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.<\/p><p><strong>3. Prohibited Use.<\/strong><\/p><p>Any commercial or promotional use, distribution, reproduction or other exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received express prior written permission from us.\u00a0 Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site.\u00a0 You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any copyright management information, trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.\u00a0 You acknowledge that you do not acquire any ownership rights in any content, code, data or other materials available on or through the Site by downloading or otherwise accessing any material from or through the Site.\u00a0 If you make any unauthorized use of the Site, or the Content thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.<\/p><p>The Licensed Educational Content is intended for personal, non-commercial use only. \u00a0Without limiting the foregoing, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Post Modern Pets. Without limiting the generality of the foregoing, the following are types of uses that Post Modern Pets expressly defines as falling outside of \u201cnon-commercial\u201d use:<\/p><p>\u00a0<\/p><ol><li><ol><li>The sale or rental of (a) any part of the Licensed Educational Content, (b) any derivative works based at least in part on the Licensed Educational Content, or (c) any collective work that includes any part of the Licensed Educational Content;<\/li><li>providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and<\/li><li>the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any \u201cpop-up advertisements\u201d.<\/li><\/ol><\/li><\/ol><p>\u00a0<\/p><p>Whether a particular use of the Licensed Educational Content is \u201cnon-commercial\u201d depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require payment of fees and that does not provide an entity with a commercial advantage is \u201cnon-commercial,\u201d even if this use is by a commercial entity. Conversely, any use that involves charging a fee in connection with access to the Licensed Educational Content is not \u201cnon-commercial,\u201d even if this use is by a non-profit entity. As an example, a for-profit corporation\u2019s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. However, a non-profit entity\u2019s use of the Licensed Educational Content in connection with a fee-based training, workshop or educational program is NOT \u201cnon-commercial\u201d and is not permitted.<\/p><p>You warrant and agree that, while using the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party\u2019s advertising, branding or other promotional content into any of the Site\u2019s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site.<\/p><p>You shall not: (i) engage in spidering, \u201cscreen scraping,\u201d \u201cdatabase scraping,\u201d harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site, including without limitation any information residing on any server or database connected to the Site; (ii) obtain or attempt to obtain unauthorized access to Post Modern Pets computer systems, materials or information through any means; (iii) use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site, including, without limitation, sending mass unsolicited messages or \u201cflooding\u201d servers with requests; (iv) use the Site in violation of our or any third party\u2019s intellectual property or other proprietary or legal rights; or (v) use the Site in violation of any applicable law.\u00a0 You further agree that you shall not attempt (or encourage or support anyone else\u2019s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site, or any content thereof, or make any unauthorized use thereof.\u00a0 You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party\u2019s use and enjoyment of the Site.<\/p><p><strong>4. Trademarks.<\/strong><\/p><p>The trademarks, logos, service marks, trade dress and trade names (collectively the \u201cTrademarks\u201d) displayed or used on the Site or on content available through the Site are our registered and unregistered Trademarks and may not be used in a manner likely to cause customer confusion, or in any manner that disparages, tarnishes or discredits Post Modern Pets or its respective rights holders.\u00a0 All Trademarks not owned by us that appear on the Site, if any, are the property of their respective owners.\u00a0 Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or permission of any third party that owns the applicable Trademark.\u00a0 Your misuse of the Trademarks displayed on the Site is strictly prohibited.<\/p><p><strong>5. Affiliate Partnerships.\u00a0<\/strong><\/p><p>We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. For example, the Site is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. This means that we may earn a commission when you click on or make purchases via affiliate links, though regardless of our affiliate relationships, all Products mentioned on the Site are independently chosen by the Site\u2019s editors.<\/p><p><strong>6. User Information.<\/strong><\/p><p>In the course of your use of the Site, you may be asked to provide certain personalized information to us (\u201cRegistration Information\u201d).\u00a0 For example, certain areas of the Site require a password and will require the user to register and provide certain information to Post Modern Pets.\u00a0 You represent to us that you have the authority to register with the Site according to these Terms of Use. \u00a0Post Modern Pets may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion.\u00a0 In consideration of the use by you of these portions of the Site, you represent and warrant that, in registering and providing such data to Post Modern Pets: (a) the information about yourself is true, accurate, current, and complete as required by various Post Modern Pets registration forms and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete.\u00a0 If you provide any Registration Information that is untrue, inaccurate, not current or incomplete, or Post Modern Pets has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Post Modern Pets has the right to suspend or terminate your account and refuse any and all current or future use of the Site.\u00a0 You are responsible for maintaining the confidentiality of your passwords and are fully responsible for all activities that occur under your account, whether or not expressly authorized by you.<\/p><p>Our information collection and use policies with respect to the privacy of such information are set forth in the Site\u2019s Privacy Policy, which is incorporated herein by reference for all purposes.<\/p><p><strong>7. Submitted Materials.<\/strong><\/p><p>Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email or in any other way.\u00a0 Please do not send your unsolicited ideas or original materials (e.g., creative artwork, samples, demos or other works) to Post Modern Pets or anyone at Post Modern Pets, or post such material on the Site.<\/p><p>If, despite this request, you still send us your ideas and materials (or post them on the Site), please understand that any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, those which you submit or post to our message boards, survey responses, comment areas on Site content, and\/or our blogs, or send to us via email (\u201cSubmitted Materials\u201d)) will be deemed not to be confidential or secret, and may be used by us in any manner, without credit or attribution to you.\u00a0 By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any \u201cmoral rights\u201d in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable (through many levels) right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and\/or commercial purposes, with no compensation to you.\u00a0 We cannot be responsible for maintaining or returning any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.<\/p><p><strong>8. Public Forums and User Generated Content.<\/strong><\/p><p>We may, from time to time, make bulletin boards, message boards, comment areas on Site content, other forums and other such services available on or through the Site.\u00a0 In addition to any other rules or regulations that we may post in connection with a particular service or feature of the Site, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site\u2019s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums.\u00a0 You alone are responsible for the content and consequences of any of your activities.<\/p><p>If you believe that information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. In the event you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.<\/p><p>By submitting any content or information to the Site, including on message boards, forums, contests and chat rooms, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license (through multiple layers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (either publicly or by digital audio transmission) the content or information (in whole or in part) and\/or to incorporate it in other works in any form, media, or technology now known or later developed, subject to our Privacy Statement with respect to your Information (as defined in the Privacy Statement).\u00a0 You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.<\/p><p><strong>9. Right to Monitor and Editorial Control.<\/strong><\/p><p>We reserve the right, but do not have an obligation, to monitor and\/or review all materials posted to the Site or through the Site\u2019s features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in these Terms of Use or applicable law, or for any other reason without notice or liability.<\/p><p><strong>10. Private or Sensitive Information on Public Forums.<\/strong><\/p><p>It is important to remember that comments submitted to a forum or interactive area may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet. \u00a0Such comments are likely to be accessible online for a long time and you have no control over who will read or copy them over time.\u00a0 It is therefore important that you are careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public interactive forums.<\/p><p><strong>11. Linking to the Site.<\/strong><\/p><p>You are not permitted to link directly to any content hosted on the Site, such as using an \u201cin-line\u201d linking method, to cause the image hosted by us to be displayed on another site.\u00a0 You agree not to download or use images hosted on this Site on another website, for any purpose, without our express written permission.\u00a0 You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is \u201cframed,\u201d surrounded or obfuscated by any third-party content, materials or branding.\u00a0 We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.<\/p><p><strong>12. Indemnification.<\/strong><\/p><p>You agree to defend, indemnify and hold Post Modern Pets, its affiliates, and their respective directors, officers, members, advisors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses (including attorneys\u2019 fees) arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.<\/p><p><strong>13. Third Party Sites.<\/strong><\/p><p>You may be able to link from the Site to third-party websites and third party websites may link to the Site (\u201cLinked Sites\u201d).\u00a0 You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.\u00a0 Unless we explicitly endorse a particular product of service, Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.\u00a0 We do not represent or warrant that the content of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. We cannot guarantee the standards of any website to which links are provided on this Site nor shall we be held responsible for the contents of such sites, or any subsequent links.\u00a0 Any reliance on the contents of a third-party website is done solely at your own risk.\u00a0 Furthermore, your participation, correspondence or business dealings with any third party found on or through our Site, regarding processing payment, shipping orders, providing order status information (such as confirmation and shipping status), ordering and stocking inventory, processing returns and chargebacks, refunds and credits, insuring shipments, delivering digital goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.\u00a0 You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.<\/p><p><strong>14. Copyright Agent.<\/strong><\/p><p>We respect the intellectual property rights of others, and our Terms of Use require that our users do the same.<\/p><p>If you believe that your work has been copied in a way that constitutes copyright infringement, you will need to send us a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act (\u201cDMCA\u201d) to confirm these requirements):<\/p><p>Your address, telephone number, and email address;<\/p><p>A description of the copyrighted work that you claim has been infringed;<\/p><p>A description of where the alleged infringing material is located;<\/p><p>A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;<\/p><p>An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and<\/p><p>A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner\u2019s behalf.<\/p><p>Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Post Modern Pets actual knowledge of facts or circumstances from which infringing material or acts are evident.<\/p><p>If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to a counter-notice to Post Modern Pets\u2019s Copyright Agent.<\/p><p>Also, be aware that there can be penalties for false claims under the DMCA.<\/p><p><strong>15. DISCLAIMER OF WARRANTIES.<\/strong><\/p><p>THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED \u201cAS IS,\u201d \u201cAS AVAILABLE,\u201d WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, USEABILITY,\u00a0 ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND Post Modern Pets AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. Post Modern Pets AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.\u00a0 NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Post Modern Pets AND ITS AFFILIATES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.\u00a0 Post Modern Pets AND ITS AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.<\/p><p>Post Modern Pets AND ITS AFFILIATES TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. Post Modern Pets AND ITS AFFILIATES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.<\/p><p>WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Post Modern Pets, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH Post Modern Pets, ITS AFFILIATES, OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY US \u201cAS IS,\u201d EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.<\/p><p><strong>16. LIMITATION OF LIABILITY.<\/strong><\/p><p>IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Post Modern Pets, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, ADVISORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE \u201cPROTECTED ENTITIES\u201d) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.\u00a0 IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.<\/p><p>Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL.<\/p><p><strong>17. Applicable Laws.<\/strong><\/p><p>We control and operate the Site from the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations.\u00a0 Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.<\/p><p><strong>18. Termination.<\/strong><\/p><p>We may terminate, change, suspend or discontinue any aspect of the Site.\u00a0 We may restrict, suspend or terminate your access to the Site if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.\u00a0 We maintain a policy that provides for the termination, in appropriate circumstances, of Site use privileges of users who are repeat infringers of intellectual property rights.<\/p><p><strong>19. Changes to Terms of Use.<\/strong><\/p><p>We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time.\u00a0 Changes in the Terms of Use will be effective when posted.\u00a0 Your continued use of the Site made available on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.<\/p><p><strong>20. Miscellaneous.<\/strong><\/p><p>The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America.\u00a0 You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York, United States of America.\u00a0 You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County in the State of New York.\u00a0 The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.\u00a0 Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.\u00a0 If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties\u2019 intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that any action must be brought by you on an individual basis, and that you will not serve as a representative or a member of a class of claimants in such an action.<\/p><\/div><\/div><\/div><\/div><\/div>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Terms of Service Welcome to postmodernpets.com. 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