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PetSmart Charities, Inc. Terms of Use

IMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and PetSmart Charities, Inc. ("PetSmart Charities" or "our" or "we" or "us") pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and "online" or other electronic documentation accessible from, www.petsmartcharities.org or any sub-domains thereof or other Web sites operated by or for PetSmart Charities (collectively, the "Sites").

The Sites are all offered by PetSmart Charities to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. PetSmart Charities reserves the right to change the Terms Of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites.

Disclaimer
You acknowledge that the materials on the Sites are provided "as is" for general information only and without warranties of any kind. While PetSmart Charities endeavors to keep the materials on the Sites current, information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. PetSmart Charities does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.

PetSmart Charities may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of PetSmart Charities or endorsed by PetSmart Charities.

Restrictions on Use of Materials
Unless otherwise indicated, PetSmart Charities or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, PetSmart Charities owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of PetSmart Charities, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of PetSmart Charities or any third party.

PetSmart Charities will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to PetSmart Charities and if possible provide a reference to PetSmart Charities's main site www.petsmartcharities.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is PetSmart Charities's material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by PetSmart Charities or its licensors.

Sponsors
PetSmart Charities may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of our Vision of a lifelong, loving home for every pet. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies' own names or marks and/or links to such person or companies' own Web sites. However, PetSmart Charities does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors' Web sites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that PetSmart Charities is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.

Links To Other Sites
PetSmart Charities may provide links to other Internet sites or resources. PetSmart Charities likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by PetSmart Charities.

You should be aware that links to the Sites may be provided from other sites, either known or unknown to PetSmart Charities, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. PetSmart Charities has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.

General Indemnification
You agree that you will hold harmless PetSmart Charities, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

Limitation of Liability
In no event and under no circumstances shall PetSmart Charities or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

THE SITES ARE MANAGED IN THE STATE OF ARIZONA, UNITED STATES OF AMERICA. PETSMART CHARITIES MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS.PETSMART CHARITIES MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

Web Site Services
Services. In furtherance of our Vision of a lifelong, loving home for every pet, PetSmart Charities may offer from time to time certain services or features on the Sites (including without limitation, message boards, blogs, chatrooms, public forums, personal home pages, online donations, shopping carts and tutorials) (collectively, the "Services"). The following terms under these Terms Of Use pertain to your ability to use the Services made available by PetSmart Charities on the Sites. PetSmart Charities will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use, only for as long as your use of the Services are helping PetSmart Charities to fulfill our Vision of a lifelong, loving home for every pet.

Account Set Up. Browsing of the Sites public pages is currently provided free of charge to any person. However, access to the Services and certain features of the Sites may require an account to be first established and activated for you. You may sign up for an account by accessing the Sites and following the direction for setting up an account. When you register for an account, you will be asked to create a unique user name (and/or a forum name), a password and a valid email address for your account. You will be asked whether you have read these Terms Of Use and agree to abide by its terms. You may be asked specific questions if you are seeking to use certain features of the Sites (such as a Personal Home Page), and your answers to those questions will determine whether or not you are eligible to register for those features. If you answer "I agree" and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated. If you answer "I Do Not Agree" or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online. PetSmart Charities reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediate after you register and you must confirm your email address and acceptance of these Terms Of Use by clicking on the confirmation link in the notification email. Once you have confirmed, you will be permitted to log in, view, load, post and use the Services and the specific features of each PetSmart Charities public forum or service for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms Of Use, understand your rights and obligations, and agree to be bound by these Terms Of Use. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.

Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify PetSmart Charities if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by PetSmart Charities.

Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.

Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child's account to the parent or legal guardian.

Message Boards & Other Public Forums. As part of your account, you may participate in certain message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that PetSmart Charities may use the posted content in any manner that it deems necessary or appropriate. PetSmart Charities reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others. PetSmart Charities cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objectionable. Although PetSmart Charities reserves the right to remove without notice any posting for any reason, PetSmart Charities has no obligation to delete content that you personally may find objectionable or offensive. PetSmart Charities does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms Of Use, PetSmart Charities does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any PetSmart Charities public forum.

Personal Home Page. While accessing or using the Sites, you may be provided access to Web site development tools and the use of a fundraising Web space that can be personalized with your own content or otherwise to create a personal Web page (a "Personal Home Page"). Your Personal Home Page may have several features such as personal stories, photographs, a link to donate to "a PetSmart Charities event," comments that can be edited by you), donation goal (optional), personal URL at petsmartcharities.org (or such other sub-domain or URL as may be designated by PetSmart Charities), guest book and e-mail address book. In addition to these Terms Of Use, your use of the Personal Home Page and related Services may require your agreement and compliance with supplemental terms at the time that you register for a Personal Home Page.

Posted Content. You may post messages, text, photos, testimonials or other content on the Site via the public forums or your Personal Home Page. Any content submitted to PetSmart Charities will be treated as non-confidential and non-proprietary, and you authorize PetSmart Charities and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations and our Vision of a lifelong, loving home for every pet throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to PetSmart Charities that you own or have the right to use and permit PetSmart Charities to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself on your Personal Home Page, you further authorize PetSmart Charities and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of PetSmart Charities's operations and our Vision of a lifelong, loving home for every pet throughout the world, and any such permission cannot be revoked for any reason.

Availability of Service. PetSmart Charities reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on PetSmart Charities's servers on your behalf. Without limiting the foregoing, you agree that PetSmart Charities shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of PetSmart Charities. You acknowledge that PetSmart Charities reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PetSmart Charities shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Shopping Cart Purchases & Online Donations. In order to purchase products from the Sites' store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to PetSmart Charities. By providing such information to PetSmart Charities by any means (e.g.: e-mail, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to PetSmart Charities for use in processing your orders or receiving your donations from the Sites. In order to purchase the products or make donations online using the payment method displayed on the Web site (e.g., VISA, Mastercard, PayPals, etc.), you must be 18 years of age or over. By using the Sites' payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing PetSmart Charities or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms Of Use. Billing to your credit card or to your account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from PetSmart Charities on the Sites are subject to PetSmart Charities's standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from PetSmart Charities on the Sites are subject to PetSmart Charities's standard return and exchange policy. PetSmart Charities will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize PetSmart Charities to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to PetSmart Charities or any donations submitted online via the Sites.

Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD PETSMART CHARITIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY PETSMART CHARITIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO PETSMART CHARITIES'S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON PETSMART CHARITIES'S OWN NEGLIGENCE. IN NO EVENT SHALL PETSMART CHARITIES'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiv) are contrary to PetSmart Charities's public image, goodwill, reputation or mission or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of PetSmart Charities or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of PetSmart Charities or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Term & Termination
These Terms Of Use are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms Of Use.

PetSmart Charities may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the PetSmart Charities or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by PetSmart Charities to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that PetSmart Charities may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. PetSmart Charities shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.

You may deactivate your account at any time subject to full payment of any costs or donations charged to your account(s). In order for us to deactivate your account, you must provide us with written notice. You may look under "My Account" and follow the instructions for providing written notice to us so that your account will be deactivated. You acknowledge that our entire liability and your exclusive remedy under these Terms Of Use for any dispute with us shall be your right to terminate your account in accordance with this section.

You further agree that the PetSmart Charities shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.

Upon termination, PetSmart Charities will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to PetSmart Charities with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.

Deactivation of the Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate PetSmart Charities to maintain and support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

Notice of Claims of Intellectual Property Violations
The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. PetSmart Charities does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide PetSmart Charities's general counsel (whose contact information provided below) with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PetSmart Charities to locate the material.
  4. Information reasonably sufficient to permit PetSmart Charities to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PetSmart Charities's agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:

By mail:
PetSmart Charities, Inc.
Attention: Legal Department
19601 N. 27th Ave.
Phoenix, AZ 85027

Please provide all of the information requested above. No specific form is required to provide PetSmart Charities with notifications of possible infringement. However, it will take PetSmart Charities longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

COPPA
PetSmart Charities does not knowingly solicit data from children or knowingly market to children. PetSmart Charities is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that PetSmart Charities receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, PetSmart Charities will delete that information from the Sites as quickly as is reasonably practical.

Privacy
PetSmart Charities understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how PetSmart Charities may use such information. Protecting privacy is an important priority to PetSmart Charities. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites and you can view our Privacy Policy.

Equitable Remedies
You agree that, if the terms of these Terms Of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations
These Terms Of Use are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Dallas County, Texas. You agree that the statute of limitations for any claim against PetSmart Charities shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Dispute Resolution
In the event of any dispute arising out of these Terms Of Use, you and PetSmart Charities each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and PetSmart Charities agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or PetSmart Charities may initiate the mediation process with thirty (30) days' prior written notice to the other. The dispute shall be submitted to mediation in Dallas, Texas, U.S.A. Costs of mediation shall be borne equally by both you and PetSmart Charities. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and PetSmart Charities agree to extend the time by mutual agreement or unless the mediator declares you and PetSmart Charities to be at an impasse. Notwithstanding the above, in the event that PetSmart Charities believes that immediate injunctive relief is required to protect its rights, PetSmart Charities may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Miscellaneous
If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms Of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.

Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder.

These Terms Of Use have been written in the English language and the English language shall control. These Terms Of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms Of Use in any language other than English.

These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitutes the entire agreement between you and PetSmart Charities with respect to the Sites and the Services.

Contact Information
If you have any questions regarding these Terms Of Use:

  1. Send an e-mail request to: info@petsmartcharities.org
  2. Call toll-free: 1-800-423-PETS 24 hours a day/7 days a week
  3. Mail your request to:
    PetSmart Charities, Inc.
    19601 N. 27th Ave.
    Phoenix, AZ 85027

Posted: 11/23/2009