Terms and
Conditions of Use
DogFoodAnalysis Terms and
Conditions of Use
DOGFOODANALYSIS
PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND
CONDITIONS OF USE (THESE "SITE TERMS"). PLEASE READ THESE SITE TERMS
CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB
SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE
TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE
HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO
NOT USE THIS WEB SITE.
DogFoodAnalysis reserves the right to
change or modify any of the terms and conditions contained in these
Site Terms, or any policy or guideline of the Site, at any time and in
its sole discretion. Unless otherwise specified, any changes or
modifications will be effective immediately upon posting of the
revisions on the Site, and your continued use of the Site will
constitute your acceptance of such changes or modifications. You should
review the Site Terms and its incorporated policies and documents from
time to time to understand the terms and conditions that apply to your
use of the Site. If you do not agree to any amended terms, you must
stop using the Site.
Privacy
Policy
Please
refer to DogFoodAnalysis’ Privacy Policy for information on how
DogFoodAnalysis collects, uses and discloses personally identifiable
information from its users.
Ownership
and Copyright
Except
as otherwise indicated, the Site, and all text, marks, logos and other
content contained herein, including without limitation, the reviews,
are the proprietary property of DogFoodAnalysis or its licensors or
users and are protected by international copyright laws. All other
trademarks, registered trademarks, product names and company names or
logos mentioned in the Site are the property of their respective
owners. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by DogFoodAnalysis.
Limited
License
DogFoodAnalysis
grants you a limited, nonsublicensable license to access and use the
Site and to view, copy and print portions of the Site Content. Such
license is subject to these Site Terms, and specifically conditioned
upon the following: (i) you may only view, copy and print portions of
the Site Content for your own informational, personal and
non-commercial use; (ii) you may not modify or otherwise make
derivative uses of the Site or the Site Content, or any portion
thereof; (iii) any displays or printouts of Site Content must be marked
"(c) 2005-08, DogFoodAnalysis.com All rights reserved."; (iv) you may
not remove or modify any copyright, trademark, or other proprietary
notices that have been placed in the Site Content; (v) you may not use
any data mining, robots or similar data gathering or extraction
methods; (vi) you may not use the Site or the Site Content other than
for its intended purpose; and (vii) you may not reproduce, prepare
derivative works from, distribute or display the Site or any Site
Content (except for page caching), except as provided herein. Except as
expressly permitted above, any use of any portion of the Site or Site
Content without the prior written permission of DogFoodAnalysis is
strictly prohibited and will terminate the license granted herein.
Any
such unauthorized use may also violate applicable laws, including
without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated
herein, nothing in these Site Terms may be construed as conferring any
license to intellectual property rights, whether by estoppel,
implication or otherwise. This license is revocable at any time.
You
represent and warrant that your use of the Site and the Site Content
will be consistent with this license and will not infringe or violate
the rights of any other party or breach any contract or legal duty to
any other parties, or violate any applicable law. You expressly agree
to indemnify DogFoodAnalysis against any liability to any person
arising out of your use of Site Content not in accordance with these
Site Terms.
Hyperlinks
You
are granted a limited, non-exclusive right to create a text hyperlink
to the Site for noncommercial purposes, provided such link does not
portray DogFoodAnalysis or any of its products or services in a false,
misleading, derogatory or otherwise defamatory manner and provided
further that the linking site does not contain any adult or illegal
material or any material that is offensive, harassing or otherwise
objectionable. This limited right may be revoked at any time. You may
not use a DogFoodAnalysis logo or other proprietary graphic of
DogFoodAnalysis to link to the Site without the express written
permission of DogFoodAnalysis. Further, you may not use, frame or
utilize framing techniques to enclose any DogFoodAnalysis trademark,
logo or other proprietary information, including the images found at
the Site, the content of any text or the layout/design of any page or
form contained on a page on the Site without DogFoodAnalysis’ express
written consent. Except as noted above, you are not conveyed any right
or license by implication, estoppel or otherwise in or under any
patent, trademark, copyright or proprietary right of DogFoodAnalysis or
any third party. Nothing contained on the Site may be construed as
granting, by implication, estoppel or otherwise, any license or right
to use any patent, trademark, copyright or other proprietary right of
DogFoodAnalysis or any third party without the prior written permission
of DogFoodAnalysis or such other party that may own such patent,
trademark, copyright or other proprietary right(s).
The Site may
contain links to third-party Web sites ("Third-Party Sites") and
third-party content ("Third-Party Content") as a service to those
interested in this information. You use links to Third-Party Sites, and
any Third-Party Content therein, at your own risk. DogFoodAnalysis does
not monitor or have any control over, and makes no claim or
representation regarding, Third-Party Content or Third-Party Sites.
DogFoodAnalysis provides these links only as a convenience, and a link
to a Third-Party Site or Third-Party Content does not imply
DogFoodAnalysis' endorsement, adoption or sponsorship of, or
affiliation with, such Third-Party Site or Third-Party Content.
DogFoodAnalysis accepts no responsibility for reviewing changes or
updates to, or the quality, content, policies, nature or reliability
of, Third-Party Content, Third-Party Sites, or Web sites linking to the
Site. When you leave the Site, our terms and policies no longer govern.
You should review applicable terms and policies, including privacy and
data gathering practices, of any Third-Party Site, and should make
whatever investigation you feel necessary or appropriate before
proceeding with any transaction with any third party.
Advertisements
and Promotions
DogFoodAnalysis
may run advertisements and promotions from third parties on the Site.
Your business dealings or correspondence with, or participation in
promotions of, advertisers other than DogFoodAnalysis, and any terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such third party. DogFoodAnalysis
is not responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of third-party advertisers on the Site.
Termination/Modification
of License and Site Offerings
Notwithstanding
any provision of these Site Terms, DogFoodAnalysis reserves the right,
without notice and in its sole discretion, without any notice or
liability to you, to (a) terminate your license to use the Site, or any
portion thereof; (b) block or prevent your future access to and use of
all or any portion of the Site, Site Content or Services; (c) change,
suspend or discontinue any aspect of the Site, Site Content or
Services; and (d) impose limits on the Site, Site Content or Services.
Severability
If
any provision of these Site Terms shall be deemed unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable
from these Site Terms and shall not affect the validity and
enforceability of any remaining provisions.
Warranty
Disclaimer
Except
as expressly provided to the contrary in a writing by DogFoodAnalysis,
the site, the materials contained therein and the services provided on
or in connection therewith (the "services") are provided on an "as is"
basis without warranties of any kind, either express or implied.
DogFoodAnalysis expressly disclaims all other warranties, express or
implied, including without limitation implied warranties of
merchantability, fitness for a particular purpose, title and
noninfringement as to the services, information, content and materials
on the site. DogFoodAnalysis does not represent or warrant that
materials in the site or the services are accurate, complete, reliable,
current or error-free, and expressly disclaims any warranty or
representation as to the accuracy or proprietary character of the site,
the site content or any portion thereof.
DogFoodAnalysis is not
responsible for typographical errors or omissions relating to pricing,
text or photography. While DogFoodAnalysis attempts to make your access
to and use of the site and the services safe, DogFoodAnalysis cannot
and does not represent or warrant that the site or its server(s) are
free of viruses or other harmful components; therefore, you should use
industry-recognized software to detect and disinfect viruses from any
download.
Limitation
of liability
You
waive and covenant not to assert any claims or allegations of any
nature whatsoever against DogFoodAnalysis, its affiliates, or their
respective directors, officers, employees or agents arising out of or
in any way relating to your use of the site, the services, the content
or the materials contained in or accessible through the site,
including, without limitation, any claims or allegations relating to
the alleged infringement of proprietary rights, alleged inaccuracy of
site content, or allegations that DogFoodAnalysis has or should
indemnify, defend or hold harmless you or any third party from any
claim or allegation arising from your use or other exploitation of the
site. You use the site at your own risk.
Without limitation of
the foregoing, neither DogFoodAnalysis nor any parties providing site
content shall be liable for any direct, special, indirect or
consequential damages, or any other damages of any kind, including but
not limited to loss of use, loss of profits or loss of data, whether in
an action in contract, tort (including but not limited to negligence)
or otherwise, arising out of or in any way connected with the use of
the site, the services, the content or the materials contained in or
accessible through the site, including without limitation any damages
caused by or resulting from your reliance on any site content or other
information obtained from DogFoodAnalysis or accessible via the site,
or that result from mistakes, errors, omissions, interruptions,
deletion of files or email, defects, viruses, delays in operation or
transmission or any failure of performance, whether or not resulting
from acts of god, communications failure, theft, destruction or
unauthorized access to DogFoodAnalysis’ records, programs or services.
In
no event shall the aggregate liability of DogFoodAnalysis, whether in
contract, warranty, tort (including negligence, whether active, passive
or imputed), product liability, strict liability or other theory,
arising out of or relating to the use of the site exceed any
compensation you pay, if any, to DogFoodAnalysis for access to or use
of the site.