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PLEASE READ THESE TERMS AND CONDITIONS OF USE
("USER AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY JOHN TAMBURO, D/B/A MAN'S
BEST FRIEND SOFTWARE("MBFS"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This
Legal Contract
You agree to this User
Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing
or otherwise using the Site. These terms and conditions are subject to change without
prior notice at any time, in MBFS's sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to the Site, the
Customer accepts that change. Customers should check this User Agreement and the Privacy Policy
frequently. Your failure to check this agreement does not in any way
relieve you of your responsibilities herein.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and MBFS. (References to "you" or
"your" shall relate to a customer or prospect of MBFS or any other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "MBFS" shall relate to Man's Best Friend Software, Inc. and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site
("Site"), you acknowledge that you have read, understood, and agree to be bound
by this User Agreement and comply with all applicable laws and regulations, including U.S.
export and re-export control laws and regulations. If you do not agree to this User
Agreement, as it may be changed by MBFS from time to time, do not use this Site. The
material provided on this Site is protected by law, including, but not limited to, United
States copyright law and international treaties. This Site is controlled and operated by
MBFS from its offices within the United States. MBFS makes no representation that
materials in the Site are appropriate or available for use in other locations, and access
to them from territories where their contents are illegal is not authorized. Those who
choose to access this Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is
governed by the laws of the state of Illinois without regard to conflict of law rules. You
consent to jurisdiction of the federal and state courts located in Will County, Illinois
to hear any such claims.
Access, Interference and Linking
MBFS grants you a limited
license to access and make personal use of the Site and not to download (other than page
caching) or modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of MBFS.
The following activity on the Site is expressly prohibited: Any non-personal or commercial
use of any robot, spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written permission by
MBFS; collection or use of any product listings, descriptions, or prices, from the Site
for the benefit of another merchant that supplies products competitive with or comparable
to those offered on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise interferes with
its proper and timely functioning.
Any unauthorized use terminates the license granted by MBFS, but does not relieve you of
the liabilities and/or damages provided for herein.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the
home page of the Site so long as the link does not portray MBFS, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any MBFS logo or other proprietary graphic or trademark as part of the
link without express written permission.
MBFS does not
permit unsolicited reviews of its products. You may not use any trial software from
the Site for the purpose of a product review without the express advance written consent
of MBFS.
MBFS does not review or control third-party sites that link to or from the Site, and is
not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material
provided on this Site is held by MBFS or by the original creator of the material. Except
as stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of MBFS or the copyright owner. Permission
is granted to display, copy, distribute and download the materials on this Site for
personal, non-commercial use only, provided you do not modify the materials and that you
retain all copyright and other proprietary notices contained in the materials. This
permission terminates automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded or printed materials. You also
may not, without MBFS's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property
of their respective owners. MBFS and the Man's Best Friend Software
logo are trademarks of Man's Best Friend Software, Inc. Copyright © 2002 Man's
Best Friend Software, Inc.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL MBFS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE,
OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF MBFS OR A MBFS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF
MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
Forum Selection
By
accessing this site, you irrevocably agree that any and every
dispute that may arise between the parties shall be heard in the
Illinois Circuit Court for the 12th Judicial Circuit, Will County,
Illinois. In the event of a federal question that may by
statute heard only in the federal courts, the forum for
that question shall be the United States District Court for the
Northern District of Illinois, Eastern Division. You further
agree that Illinois and United States law shall be applied to all
disputes. If you bring an action in any other jurisdiction,
MBFS may enter into court and have it dismissed with prejudice, and
shall be entitled to recover all of its costs, court fees and
attorney fees from you.
Privacy
Please review our Privacy Policy, which also
governs your visit to this Site.
Account and Password
You are responsible for
maintaining the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that occur under
your account or password. If you are under 18, you may use the Site only with a parent or
guardian. MBFS reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
Communications to MBFS
Any communication or material
you transmit to the Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by MBFS for any purpose,
including but not limited to reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, MBFS is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to MBFS or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing products
using such information.
Copyright Complaints
If you believe that your work
has been copied in a way that constitutes copyright infringement, please contact:
Man's Best Friend Software
Telephone: (815) 806-2130
Fax: (815) 806-2133
E-mail: service@mbfs.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop, access or
otherwise use this Site.
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