“Content” means all text, surveys, audio-visual works, communications, content, information, promotions, materials, documents, software, logos, trademarks, service marks, graphics, sounds, images, data, and the underlying intellectual property rights thereto.
“Customer” means any person or entity who purchases a Device on the Site.
“Customer Account” means the password-protected profile set up by any User which contains their name, mailing address, email address, phone number, pet information, and other general information regarding their pet-related purchasing preferences (e.g. pet food used, frequented pet stores, etc…).
“Device” means any Feed and Go™ pet feeder device offered for sale through the Site.
“Feed And Go™ App” means the free iOS and Android app downloadable by Customers from the Apple Store or Google Store, as applicable.
“Feed And Go™ Platform” means the Site, the Device, the Feed And Go™ App, the Services, the Store, Feed And Go™ Systems and the Content.
“Feed And Go™ Systems” means all computer hardware, software, networking, and other technology systems used to operate the Site, the Device, the Feed And Go™ App, the Services and the Store.
“Proprietary Rights” means without limitation, all patents, trademarks, trade dress, service marks, copyrights, trade secrets, privacy or other proprietary rights of others. Proprietary Rights may also include, without limitation, text, images or programs, photographs, signatures, images, likenesses, voice or confidential proprietary information.
“Store” means the online shopping cart located on the Site so that Customers can purchase products and services, including the Device.
“User(s)”means any person who visits the Site, including Customers.
“User Generated Content” means any comments and product/service ratings published by Users on the Site.
The Content on this Site is presented in a summary fashion, and is intended to be used for informational purposes only. We do not endorse or warrant any product or service contained on the Site other than the Device and Services as set forth herein.
Our Site contains a variety of online communications tools and services which may include, without limitation, product/service comment threads, articles, information, suggestions, editorial and surveys. We make no warranty regarding the quality or availability of the Site or the Feed And Go™ App , and we reserve the right to suspend, modify or terminate access to the Site, a Customer Account and/or the Feed And Go™ App to any User at any time and without notice. Unless you are a Customer, you agree that we will not be liable to you or any third party for any modification, suspension or termination of the Site or the Feed And Go™ App, including, without limitation, loss of data, personal settings , Customer Account information or other foreseeable or unforeseeable damages related thereto.
You are advised not to share access to your Customer Account with anyone other than members of your immediate household. You are responsible for the actions of anyone that accesses the Services through your Customer Account.
4. Ownership; License.
5. User Generated Content
You are solely responsible for your own User Generated Content and warrant that you either own your User Generated Content or that you properly obtained it from the appropriate owner with full permissions to post such User Generated Content on the Site. As a condition of using this Site, you hereby license to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right and license to display and/or remove your User Generated Content on its Site, in our sole discretion. Your access and use of this Site shall be construed as sufficient consideration for such license. You also agree that we may, in our discretion and without notice or further consent from you, migrate all of your User Generated Content to a new software platform or website. You shall not post any User Generated Content on this Site which violates or infringes upon third party intellectual property, trade secrets or privacy rights.
All of the trademarks, service marks, and logos displayed on this Site (the “Trademarks”) are either our or a third party’s registered and unregistered trademarks. Nothing in this Site or the Feed And Go™ App should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
7. Usage Rules.
(c) Prohibition on Use by Minors Under The Age of 13. This Site is intended for an adult audience and CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY PERSONAL DATA OR UNSOLICITED INFORMATION.
(d) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
(e) Interference with Other Users’ Use. You shall not interfere with other users’ use of the Feed And Go™ Platform , including, without limitation, disrupting, spamming or otherwise using abusive tactics to deter others from using any of the Feed And Go™ Platform or participating in any of its features.
(f) Harmful Code. You may not post or transmit any file to or through this Site, the Feed And Go™ App or to any other User which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(g) Infringing User Generated Content. You shall not post, transmit or otherwise make available any User Generated Content that would violate or infringe upon the Proprietary Rights of any third party, and you represent that you are the owner of the Proprietary Rights or have the permission of its owner to post such User Generated Content. Additionally, you shall not upload, post, email, transmit or otherwise make available any User Generated Content that promotes an illegal or unauthorized copy of the copyrighted work of another, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
(h) Abusive Conduct. You shall not upload, post, email, link to, transmit or otherwise make available any User Generated Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, abusive, hateful, vulgar, indecent, obscene, lewd, lascivious, pornographic, libelous, defamatory, invasive of another’s privacy, hateful or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual.
(i) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
(j) Sale of the Service. You shall not sell to anyone else all or any part of the Service.
(k) Other Prohibited Activities. You agree not to use any part of the Feed And Go™ Platform (or assist or encourage others to do so) in order to:
- “Stalk” or otherwise harass any person, or contact any person who has requested not to be contacted;
- Exploit people in a sexual or violent manner;
- Solicit personal information from anyone under the age of 18.
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- Impersonate another person or entity, whether or not a User;
- Upload, post, email, transmit or otherwise make available restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Upload, post, email, transmit or otherwise make available any communications that provides instructional information about illegal activities such as making or buying illegal weapons or promote physical harm or injury against any group or individual, violating someone’s privacy, or providing or creating computer viruses;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels stating the origin or source of software or other material contained in a file that is posted;
- Promote, engage or otherwise make available any unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, disruptive commercial messages, false or misleading information or any other form of solicitation;
- Attempt to sell, modify, reverse engineer, disassemble, decompile, frame, decrypt, decompile, create derivative works of or otherwise exploit for any commercial purpose the Feed And Go™ Platform, any portions thereof (including the User Generated Content of our other visitors), or any of our systems or those of our affiliated organizations without our prior written consent;
- Do anything that may interfere with the operation of the Feed And Go™ Platform, including, but not limited to, hacking, spamming and flood attacking;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Feed And Go™ Platform;
- Interfere with or disrupt the Feed And Go™ Platform or servers or networks connected to the Feed And Go™ Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Feed And Go™ Platform;
- Attempt to harvest, scrape, copy or otherwise collect information, or Content from the Feed And Go™ Platform, to retrieve or index any portion of the Feed And Go™ Platform or collect information about other Users for any purpose not expressly authorized by Company, including, without limitation, republishing the same on a third party website, either manually or through any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, site search/retrieval application, intelligent agents or other device);
- Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- Create Customer Accounts by automated means, or under false or fraudulent pretenses; or provide false, misleading or inaccurate information to us or any other User;
- Impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
- Use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising (if any) while using the Site;
- Modify or change the placement and location of any advertisement, if any, while using the Site;
- Harvest or otherwise collect information about other Users, including email addresses, passwords, user names and phone numbers;
- Use the Feed And Go™ Platform to solicit or recruit other users to another website; or
- Cover or obscure the banner advertisements on your personal profile page, or any of our pages or screens via HTML/CSS or any other means.
Any violation of this section may subject you to civil and/or criminal liability. Additionally, if you commit any of the above, we may, in our sole discretion, and without limiting any of their other remedies, terminate your ability to access or use the Feed And Go™ Platform.
Although we cannot monitor the conduct of our Users outside our Service, it is also a violation of these rules to use any information obtained from the Feed And Go™ Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
8. Monitoring of Comments
In order to promote a level of candor in product and service reviews, the commenting and rating features on this Site, in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that your posted User Generated Content will remain confidential or secure. Further, we do not warrant that any statements made by you or any other User will be authenticated or endorsed by us. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY COMMENT OR RATING SECTION SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION. We may, however, in our sole discretion, but without the obligation, choose to moderate any postings or any other communication feature on the Site as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any User Generated Content that you publish, at any time, for any reason, and without prior notice to you.
9. WARRANTY DISCLAIMERS.
THE FEED AND GO™ PLATFORM (INCLUDING THE USER GENERATED CONTENT CONTAINED THEREIN) IS PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE FEED AND GO™ PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE FEED AND GO™ PLATFORM, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE FEED AND GO™ PLATFORM OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT NOR DO WE WARRANT THAT THE DEVICE’S FEEDING SCHEDULE FUNCTIONS WILL BE ERROR FREE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THE SITE AND THE FEED AND GO™ APP FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED THEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Procedures for Claimed Copyright Infringement
We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the suspension or termination of the infringing party’s Customer Account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material you claim is infringing is located either on the Site;
(d) your address, telephone number, and email address;
(e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf; and
(g) Our agent may be contacted as follows:
11. Data Back-up
We are not responsible for backing up your data for your Customer Account, any User Generated Content or other type of data attributed to your participation or use of the Service. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER GENERATED CONTENT AND ANY INFORMATION THAT YOU PROVIDE US AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST USER GENERATED CONTENT WHETHER YOUR OWN OR THAT BELONGING TO THIRD PARTIES.
13. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE Feed And Go™ Platform. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE Feed And Go™ Platform. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER BY COMMON LAW OR STATUTE, ARISING HEREFROM OR RELATED HERETO IN ANY CAUSES OF ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSSES ARISING SICKNESS OR DEATH OF YOUR PET RESULTING FROM USE OF THE Feed And Go™ Platform AND ANY RESULTING CLAIMS FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BY YOU), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SUSTAINED BY YOU SHALL NOT EXCEED THE AGGREGATE OF THE TOTAL AMOUNT PAID BY YOU TO US FOR THE DEVICE. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS FEED AND GO™ PLATFORM RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS FEED AND GO™ PLATFORM AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE FEED AND GO™ PLATFORM, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY AND DAMAGE EXCLUSION SHALL ONLY BE RESTRICTED OR DIMINISHED TO THE EXTENT NECESSARY TO BE LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
14. Third Party Rights
The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. User Representations
Feed And Go, Inc.
11766 Wilshire Blvd
Los Angeles, CA 90025