TERMS AND CONDITIONS
Welcome to PetRealtyNetwork.com, The Pet Friendly Resource Directory, Pet Friendly Rental Properties, MyPetsYearBook.com and PetHealthAlert.com, Web Sites, owned and operated by Pet Protect, Inc. These Terms and Conditions apply to all Websites. (The owner of Pet Protect, Inc is a licensed Real Estate Agent in Florida). The goal of this Web Site is to provide you with access to the most comprehensive network of real estate products/services and pet related products/services and related links to meet your needs. These Terms and Conditions (the “Terms”) shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. The use of this Web Site constitutes an agreement by you, the user, that your use is governed by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEB SITE. Pet Protect, Inc (“Pet Protect”, “We”, “Us”, “Our”) reserves the right to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. Please periodically review these Terms because your continued usage of this Web Site indicates your agreement with any revisions to these Terms.
INFORMATION PROVIDED ON THIS WEB SITE
The information contained on this Web Site is provided as an aid for users. We cannot guarantee the accuracy, completeness, correctness or timeliness of such information. You are responsible for confirming the accuracy and reliability of all information provided on this Web Site prior to making any decisions based on such information. The information appearing on this Web Site is intended solely as general guidance and does not constitute legal, tax, accounting or any other professional advice. .
TRADEMARKS, COPYRIGHTS AND ALL INTELLECTUAL PROPERTY
ThePetRealtyNetwork, Pet Friendly Resource Directory, Pet Friendly Rental Properties, MyPetsYearBook.com and PetHealthAlert.com are owned and operated by Pet Protect, Inc., PO Box 11447, Naples Florida 34101. All content on this Web Site, including, but not limited to images, illustrations, icons, photographs and written and other materials that are part of this Web Site is protected by copyrights, trademarks, service marks, and/or intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes) and are owned and controlled by Pet Protect, Inc or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Pet Protect, Inc. No information from this Web Site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of Pet Protect, Inc. You may print a copy of the Content for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not use on your Web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Pet Protect, Inc.
LINKS TO OTHER WEB SITES
This Web Site may contain links to other Web sites (“Linked Sites”). These Linked Sites are provided exclusively as a convenience to you and do not constitute an endorsement or approval by Pet Protect, Inc of the content on such Linked Sites. You may not establish a hyperlink to this Web Site, or provide any links, that state or imply any endorsement or sponsorship of your Web site by Pet Protect, Inc.
You are prohibited from violating or attempting to violate the security of the Web Site. You agree not to use or permit others to use this Web Site for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass E-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purposes; (c) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (d) upload, post, E-mailing or otherwise transmitting any information, content, or proprietary rights that you do no have a right to transmit under any law or under contractual or fiduciary relationships; (e) using any spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages or the Content without our prior written permission; and (f) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Pet Protect, Inc will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users that are involved in such violations.
RESPONSIBILITY OF REAL ESTATE AGENTS AND BROKERS
If you are a real estate agent and/or broker using our services (an “Agent’) you warrant, represent and agree that you are a reputable Agent with a current and valid license to perform the real estate services.
ACCOUNTS AND REGISTRATION
To the extent that a Password, including a User Name, (“Password”) is provided to you for access to any portion of this Web Site, you agree to keep this Password confidential and to notify Pet Protect, Inc promptly in writing to Pet Protect, Inc, PO Box 11447, Naples, FL 34101 or by Fax at 239-403-4101 if such Password is lost or stolen or if you become aware of unauthorized use of such Password. You acknowledge that you are fully responsible for all activities that occur under your Password. Registration is for one licensed Agent only and does not include any or all agents in an office. In order to register more than one agent under the same registration, the registration must be for an established team or group that markets itself as a team or group within the agency.
USER PROVIDED INFORMATION
A “Posting Agent” is a third party agent, service, or intermediary that offers to post Content to the Service on behalf of others. Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others.
Pet Protect, Inc reserves the right to refuse service or to remove any advertiser, text within an advertisement, image or Web site link at any time and for any reason we believe warrants such action without reimbursement. In the event Pet Protect, Inc removes an advertiser, Pet Protect, Inc will not be responsible to refund any unused advertisement time to the advertiser; however, as a courtesy Pet Protect, Inc, in most cases, will refund the equivalent funds to cover the amount of unused time left on an advertisement. Without limiting any remedies Pet Protect, Inc may suspend or terminate your account if Pet Protect, Inc has reason to believe that you have engaged in any fraudulent or deceptive activity in connection with Pet Protect, Inc’s Web sites.
Reasons for removal may include, but are not limited to, Web sites promoting illegal materials, potentially infringing materials including trademark, copyright infringements, sites containing, in our opinion, racial or hate motivated advertisements, inappropriate content for young audiences and not following our rules. Pet Protect, Inc does not allow, in any form, x-rated advertisements to appear. Pet Protect, Inc does not knowingly list Puppy Mills or breeders that engage in dog fighting practices.
Pet Protect, Inc reserves the right to resize images we believe are too large in file size. If your advertisement images are too large in file size or format, we may resize them for you and re-insert them into your advertisement page. This is for the benefit of loading time and to keep with the standard size format.
Pet Protect, Inc reserves the right to edit or remove at our sole discretion any advertisements that, in our opinion, contain slanderous or misleading statements, have inappropriate content, are threatening, defamatory, infringe or violate any party’s intellectual property or other proprietary rights or for any other reason we believe warrants such action.
Pet Protect, Inc will not be liable for, or considered to be in breach of or in default, on account of any delay or failure to perform as anticipated by the parties if this Web site becomes inoperable or incapable of performing as intended. Pet Protect, Inc makes no representations that the operation of its Web site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors. Pet Protect, Inc is not responsible for any acts, errors, or omissions of any third party in connection with Pet Protect, Inc, its Web site, and/or Web sites linked through Pet Protect, Inc’s Web site.
It is the advertiser’s sole responsibility to keep their advertisement up to date. Pet Protect, Inc is not responsible for bounced inquiries or out of date contact information.
Because Pet Protect, Inc is not involved in or responsible for the actual transaction between buyers and sellers, in the event that the advertiser has a dispute with a buyer or seller, as a condition of the use of Pet Protect, Inc’s Web site, the Advertiser agrees to and hereby release, indemnify and hold harmless Pet Protect, Inc (and our officers, directors, agents, subsidiaries, affiliates and employees) from any and all 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.
You may not assign these Terms, in whole or part, without Pet Protect Inc’s prior written consent, and any attempted assignment without such consent shall be null and void. Pet Protect, Inc may assume and assign these Terms without your consent to a successor in interest in connection with a change of control, merger, sale of all or substantially all if its assets to which this Agreement relates or other corporate reorganization.
TERMINATION OF SERVICES
Pet Protect, Inc reserves the right to remove any and all information on the Web Site and/or to cancel any and all services provided on or through the Web Site or provided to anyone at any time if Pet Protect, Inc has reason to believe you are in breach of these Terms or any other obligations owed to Pet Protect, Inc, then without limiting any other remedies, Pet Protect, Inc may issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and/or account and delete any other information placed by you the Web Site at Pet Protect, Inc’s sole discretion.
NO WARRANTIES AND LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PET PROTECT, INC SHALL NOT BE HELD ACCOUNTABLE FOR SUCH ERRORS. PET PROTECT, INC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME. THE FACTUAL INFORMATION CONTAINED IN THIS WEB SITE IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND ACCURATE. ALL CONTENT ON THIS WEB SITE IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. PET PROTECT, INC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PET PROTECT, INC, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT ABAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. PET PROTECT, INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
PET PROTECT, INC AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY PERONAL INJURY SUSTAINED THROUGH YOUR USE OF THIS WEB SITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR THROUGH CONTACT WITH THE CONSUMERS SET FORTH IN THE LEADS, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE. IN NO EVENT SHALL PET PROTECT, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INTERRUPTION OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SERVICES, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT PET PROTECT, INC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER PET PROTECT, INC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS) NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANYT OTHER LINKED SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PET PROTECT, INC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida. Any action you, any third party or Pet Protect, Inc brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in and for Naples, Florida and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This Website is operated by Pet Protect, Inc from its offices in Naples, Florida. You may not use or export the materials in this Web Site in violation of United States export laws and regulations.
You agree to indemnify, defend, and hold harmless Pet Protect, Inc, the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. In addition as a Real Estate Agent and/or Broker you agree to defend, indemnify and hold harmless Pet Protect, Inc and its affiliates, officers, directors, employees and associates, from and against any and all claims, losses, liabilities, and damages of any kind resulting from your use of any referrals, including, without limitation, any interaction you have with any consumers.
THIRD PARTY RIGHTS
These Terms are for the benefit of Pet Protect, Inc and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Pet Protect, Inc shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God, civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by Pet Protect, Inc to link its servers to the Internet.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY PET PROTECT, INC.