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User Agreement - Animaroo
This Agreement ("Agreement") is by and between Animaroo.com ("Animaroo.com") a Missouri Limited Liability Company and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of the Animaroo.com website and the services of pet selling and buying and the use of all Animaroo pet websites and explains Animaroo's obligations to You and Your obligations to Animaroo.com.
This Agreement along with any other or additional Animaroo.com policies, together with any modifications that may be made hereto, constitutes the complete and exclusive agreement between You and Animaroo.com. This Agreement supersedes all prior proposals, agreements, or other communications. All Animaroo.com policies and agreements specific to use of the Animaroo.com website are incorporated herein and are made part of this Agreement by reference.
You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Animaroo.com may establish from time to time, and any agreements that Animaroo.com is currently bound by or will be bound by in the future.
You understand and agree that Animaroo.com operates this website on a commercial basis and that in consideration of your use of the site, you agree that You are bound to the terms and conditions herein with regard to your use of this website, and You agree to be bound as to any use and/or transactions undertaken on your behalf by anyone acting as Your Agent or otherwise using your account whether or not the transactions were on Your behalf. You acknowledge that Animaroo.coms acceptance of any request for price information and/or Animaroo.com ratification of any contract related to the use of the web site will take and/or is deemed to have taken place at Animaroo.com offices located in Springfield, Missouri USA.
DEFINITIONS
a. Site refers to the website established and operated by Animaroo.com.
b. Advertiser is an individual or corporation that posts an advertisement on the Site for the purpose of advertising the sale, adoption, or a wanted advertisement for a alpaca or alpaca or any other animal or species of animal.
c. Seller is an Advertiser that purchased a subscription for listing or services associated with Animaroo.com.
d. User is any individual or corporation that visits and uses the Site in any manner.
e. Content refers to all information, data, text, photographs, graphics, images, messages or other materials posted by an Advertiser, Seller or User on the Site.
f. Buyer is a User of the Site that contacts an Advertiser or Seller with the intent to purchase a alpaca or alpaca or any other breed or species of animal offered at Animaroo.com.
g. Member is any User that registers with the Site.
The following additional terms and conditions apply:
1. TERM OF AGREEMENT AND MODIFICATION
You agree that Animaroo.com may modify this Agreement at any time and You agree to be bound by all changes that Animaroo.com may reasonably make hereto. If You conduct a transaction with Animaroo.com the term of this Agreement shall continue in full force and effect as long as You use and/or take advantage of the subject of that transaction.
2. SERVICES PROVIDED
Animaroo.com provides individuals and business in the business of selling and auctioning (no alpaca auctions are permitted) alpacas and other species of animals an advertising forum as well as other advertising materials and opportunities. Advertisers, Sellers, Buyers and Users agree that Animaroo.com may at any time change or modify the services provided by the Site as described in this Section 2.
3. USER FEES The following uses of the Site are free: advertising alpacas or alpacas for wanted advertisements, browsing for sale, wanted listings; contacting a Seller. Buyers do not pay any fees to Animaroo.com. All buyer fees are associated with purchasing a alpaca or alpaca and should be directed toward the specific breeder you are purchasing from. Fees for Sellers are as follows: advertising for sale advertisements are Twenty Dollars ($20.00) on a thirty day basis; listing in the Breeder Directory is Fifty Dollars ($50.00) for a six month listing and One-Hundres Dollars ($100.00) for a yearly listing. Fees for Sellers purchasing a website are Thirty-Eight Dollars and Ninety-Nine Cents ($38.99) for thirty days of service. All website purchasers will receive unlimited advertising at no additional cost each month as part of their ($38.99) monthly fees. All website service cancellations must be done prior to 24 hours of the billing date. If the subscriber fails to cancel their account prior to 24 hours of the next re occurrence, they will be billed and no refund will be issued. Animaroo.com may change the fees at any time. All fee changes are effective immediately when posted to the Site with or without prior notice to you the user. When You subscribes to the service, You have the opportunity to review and accept the fees that will be charged for the use of Animaroo.com. On the user agreement under "User Fees": Promotions may be ran from time to time offering subscriptions services at a discounted rate, regular rate with free amenities or add on offers. All promotional rates or add on features are set for a limited time. All memberships purchased under a promotional rate will be increased to the regular rate of $35.99 once the promotional rate is over. All subscriptions come with unlimited listings and a website. Rates are always subject to change.
4. REPRESENTATIONS AND SITE USE
You, or the individuals who electronically agree to this Agreement on your behalf represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You agree to provide true, accurate, current and complete information about yourself as requested in the "Membership Data" request form and will update information on an as needed basis. If you provide any information that is untrue, inaccurate, not current or incomplete or Animaroo.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, your membership may be suspend or terminated.
Animaroo.com expressly reserves the right to deny transactions with any person if in its sole discretion it determines that such transaction would conflict with any applicable laws, government rules or requirements, requests of law enforcement, dispute resolution process, or to avoid any liability, civil or criminal, on the part of Animaroo.com, as well as its affiliates, subsidiaries, officers, directors and employees.
You affirm that you will not use Animaroo.com for any purpose that is unlawful or prohibited by this Agreement.
5. ACCOUNT, PASSWORD AND SECURITY
You will be assigned an account after completing the membership process. You are responsible for maintaining the confidentiality of your account and password, and are responsible for all account activity. You agree to (a) immediately notify Animaroo.com of any unauthorized use of your account or any other unauthorized use of your account, and (b) ensure that you exit from your account at the end of each session. Animaroo.com is not liable for any loss or damage arising from any unauthorized use of your account.
6. CONDUCT
You agree that Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Animaroo.com does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Animaroo.com is not liable in any way for the Content, including, but not limited to, any errors or omissions in Content, or any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
7. PROHIBITED MEMBER ACTIVITIES
You agree not to:
a. Post, upload, email or otherwise transmit any Content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
b. Post, upload, email, hyperlink or otherwise transmit any Content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, or hateful, ethnically or otherwise objectionable to animals;
c. harm minors in any way;
d. impersonate any person or entity, including, but not limited to, a Animaroo.com official, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
f. post, upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by Animaroo.com;
g. post, upload, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. post, upload, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
i. post, upload, email, transmit or otherwise make available any material that contains viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges;
k. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
l. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m. "stalk" or otherwise harass another user;
n. collect or store personal data about other users;
o. advertise pet products or anything other than a alpaca in the Alpaca For Sale/Wanted sections.
Animaroo.com does not screen Content, but has the right (but not the obligation) in its sole discretion to amend any Content that is located on the Site. Without limiting the foregoing, Animaroo.com shall have the right to remove Content that violates this Agreement or is otherwise objectionable. You agree that You bear the risks associated with the use of any Content, including reliance on the accuracy, its completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Animaroo.com or submitted to Animaroo.com, including without limitation information on Animaroo.com.
You agree that Animaroo.com may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any legal process; (b) enforce this Agreement; (c) respond to claims that Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Animaroo.com, its users or the public. Without limiting any other remedies, Animaroo.com may suspend or terminate your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with Animaroo.com. You agree that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to the Content to conform and adapt to technical requirements of the networks or devices.
8. ACCESS RESTRICTION
Animaroo.com may, in its sole discretion, deny any user access to the Site or any portion of the Site without notice.
9. ANIMAROO.COM LIABILITY AND DISCLOSURES
9.1 Overview. The Site acts as an electronic venue for communication between potential buyers and sellers of alpacas and alpacas. Animaroo.com is not a party to the transaction between buyers and sellers and does not guaranty any portion of the transaction. Animaroo.com does not control the listing by Advertisers including, but not limited to, the truth or accuracy of the listing, the capability of Advertisers to comply with the terms of the transaction, the ability of buyers to complete the transaction, or feedback posted on the Site regarding the buyer or seller. Listings, feedback or any other material posted on the Site do not imply an endorsement by Animaroo.com.
9.2 Release. In the event a dispute arises between Users of the Site, You release Animaroo.com, its officers, directors, agents, subsidiaries 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 dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You acknowledge and agree that communications and transmission to and from Animaroo.com Site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and Animaroo.com. You agree that no joint venture, partnership, employment or agency relationship exists between you and Animaroo.com as a result of this Agreement or use of its Site. Topics posted on the Site's Community and Breeder Only Forums do not imply endorsement by the Site; they are the views of the original poster. The Site will remove feedback and comments if it violates the terms stated in Section 9.3. All individuals or business that post any statement or advertisement on the Site are legally responsible for their comments and any damages related thereto. Under federal law (the Communications Decency Act), because the Site does not censor feedback or investigate it for accuracy, the Site is not legally responsible for the remarks that members post, even if those remarks are defamatory. This law does not protect the person who leaves the feedback from responsibility for it.
9.3 Listing, Community & Breeders Only Feedback Policies. Feedback and/or a Forum Post ("Feedback") may be removed as stated below if:
- The Site is ordered by a court of law to Remove the Feedback from the Site.
- The Feedback contains profane, vulgar, obscene, or racist language or adult material as determined by Animaroo.com.
- The Feedback contains personal identifying information, including, but not limited to, real name, address, phone number, or e-mail address.
- The Feedback contains scripts.
- Feedback left by an ineligible participant to the Site.
- Feedback left by an individual who did not provide accurate contact information to Animaroo.com.
- Feedback posted by users who are suspended.
9.4 Ownership of Information By submitting Content to Animaroo.com You grant Animaroo.com the world-wide, royalty free and non-exclusive license(s) to make available for the inclusion on the publicly accessible Site the Content you submit and agree Animaroo.com has the right to distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on its Site solely for the purpose of promoting Animaroo.com for any period of time that such Content is provided to the Site by You or Animaroo.com removes such Content from the Site.
If other information is submitted to the Site other than Content You agree that Animaroo.com may make it publicly accessible on the Site, and provide it with the perpetual, irrevocable and fully license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such information (in whole or in part) and to incorporate such information into other works in any format or medium now known or later developed.
"Publicly accessible" is defined as areas of the Site that are intended by Animaroo.com to be available to the general public. However, publicly accessible areas of the Site do not include portions of the Site that are intended for private communication between the user and Animaroo.com.
10. INDEMNITY
You agree to defend, indemnify and hold harmless Animaroo.com, its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys fees, resulting from any third party claim, action, proceeding or demand related to your use (including Your agents affiliates, or anyone acting on your behalf) of the Site and/or any alpaca or alpaca that you may purchase through the Site. You agree to indemnify and hold Animaroo.com harmless from any loss, liability, damages or expense, including reasonable attorneys fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that You have infringed a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Animaroo.com be notified of a pending law suit, or receive notice of the filing of a law suit, Animaroo.com may seek a written confirmation from You concerning Your obligation to indemnify Animaroo.com. Your failure to provide such a confirmation may be considered a breach of this Agreement.
You agree that Animaroo.com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Animaroo.com of any such claim promptly in writing and to allow Animaroo.com to control the proceedings.
You agree to cooperate fully with Animaroo.com during such proceedings. You agree You will not be entitled to a refund of any fees paid to Animaroo.com if, for any reason, Animaroo.com takes corrective action with respect to Your improper or illegal use of its Site.
Comments posted on the Site's Community and Breeders Only Forums do not imply endorsement by the Site, they are the sole expressed views of the original poster. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of negative comments posted on the forum.
11. PERSONAL AND NON-COMMERCIAL USE
You agree not to resell Your account with the Company. You agree not to reproduce, modify, distribute, publish, transmit, license, display, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Animaroo.com may establish general practices and limits on the use of Site, including, but not limited to, the number of days an email message or other uploaded Content will be retained, the number of email messages that may be sent or received, the size of an email message sent or received, the disk space that will be allotted on the Company's servers, and the number of times (and the duration for which) you may access the Site or your Animaroo website in a given period of time. You agree that Animaroo.com has no responsibility or liability for the deletion or failure to store any messages and communications or Content maintained or transmitted by the Site or your Animaroo website. You acknowledge that Animaroo.com reserves the right to suspend or terminate accounts that are inactive for an extended period of time. You further acknowledge that Animaroo.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. USE OF INFORMATION
The Member\'s information ("Your Information") is information provided during the registration, the listing process or Alpaca Website purchase process, email or gathered in monitoring your usage of Animaroo.com Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. It is Animaroo.com policy to take reasonable measures to respect the privacy of Animaroo.com users. Animaroo.com will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Animaroo.com website; (ii) protect and defend the rights or property of Animaroo.com, enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of Animaroo.com participants or the public.
From time to time, Animaroo.com may make our database of Your Information available to other parties for promotions or solicitations of their goods or services that may be of interest to Animaroo.com users. Accepting this Agreement, you expressly consent to such disclosure. Please note that Animaroo.com maintains the right to send you periodic updates as Animaroo.com deems necessary. If you provide any information to other parties, or any other sites you encounter on Animaroo.com or the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. We may, however, use and disclose general data and/or statistical data that includes data about you and/or your listings in order to provide better service to you and other users, among other reasons.
Your Information: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of illegal or stolen items; (c) shall not infringe any third party\'s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not threaten Animaroo.com use of its ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement or cause Animaroo.com to violate any applicable law, statute, ordinance or regulation.
The privacy policy is a part of the User agreement. Please read the privacy policy.
14. USE OF MESSAGES
Posting a message or engaging in other communication on the Site, grants Animaroo.com a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt or otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Animaroo.com for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
15. TERMINATION OR BREACH
You agree that Animaroo.com, in its sole discretion, may terminate your account (or any part thereof) or Your use of the Site and your Animaroo website, and remove and discard any Content on the Site, for any reason, including, but not limited to, lack of use or if Animaroo.com determines You violated or acted inconsistently with this Agreement. If Animaroo.com determines You breached this Agreement it reserves the right to suspend, and/or terminate your listing and/or account without issuing a refund or notice. Animaroo.com may in its sole discretion and at any time discontinue providing the Site and Animaroo website, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Your Animaroo website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Animaroo.com may immediately deactivate or delete your account and all related information and files in your account including all of Your Animaroo website content and materials and/or bar any further access to such files or the Site. Further, you agree that Animaroo.com shall not be liable to you or any third-party for any termination of your access to the Site or your Animaroo website usage.
16. LINKS
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Animaroo.com has no control over such sites and resources, you acknowledge and agree that Animaroo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that Animaroo.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. ANTI-SPAM POLICY
Spam is email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don't know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Animaroo.com regards both kinds of spam as inappropriate.
Animaroo.com has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing Animaroo.com privileges such as loss of referral credits and even loss of a customer's account. Users are forbidden to send spam on Animaroo.com behalf.
For questions about our spam policy or any spam-related issues, please email us at spam-support@animaroo.com.
18. Animaroo.com, L.L.C. PROPRIETARY RIGHTS
You acknowledge and agree that the Site and all software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Animaroo.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
Animaroo.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the Animaroo.com for use in accessing the Site or your Animaroo website.
19. DISCLAIMER OF WARRANTIES
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANIMAROO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ANIMAROO.COM MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANIMAROO.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
20. ASSIGNMENT
Animaroo.com has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You cannot assign or transfer this Agreement or any rights hereunder to any other person or entity. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and assigns of the parties hereto.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANIMAROO.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ANIMAROO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
22. NOTICE
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Site.
23. COPYRIGHT AND TRADEMARK NOTICES
All contents of the Site are Copyright © Animaroo.com, L.L.C., and/or its suppliers. All rights reserved. Animaroo.com, L.L.C., the Animaroo.com, L.L.C. logo, trademarks and service marks, and other Animaroo.com, L.L.C. logos and product and service names are trademarks of Animaroo.com, L.L.C. (the "Animaroo.com, L.L.C. Marks"). Without Animaroo.com, L.L.C. prior permission, you agree not to display or use in any manner, the Animaroo.com, L.L.C. Marks.
24. GENERAL INFORMATION
This Agreement constitutes the entire agreement between You and Animaroo.com and governs your use of the Site, superseding any prior agreements between You and Animaroo.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Animaroo.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of act arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of act arose or be forever barred.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Site. Animaroo.com' waiver of any provision of this Agreement shall not be deemed to waive it for the future.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Animaroo.com reserves the right to make changes to this policy as deemed necessary and without notice. Always refer to this page for the latest terms of service and Animaroo.com policies.
25. VIOLATIONS
Please report any violations of this Agreement to our Customer Service.
26. SAFETY RULES AND DISCLOSURES
(a) Animaroo.com may add, delete, or modify some or all of the safety rules at any time. Animaroo.com does not control the actual transaction between Buyer and Seller. Accordingly, it does not set or endorse: (i) the price, contract terms, quality, conformance or legality of the sale or advertisement. It cannot and does not control whether any Seller will complete the sale they offer. It is not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Sellers and Buyers.
You expressly acknowledge that Animaroo.com is not acting in a fiduciary capacity for either Buyer or Seller.
No Buyer or Seller shall be considered an employee, agent, partner or joint venturer of Animaroo.com and Animaroo.com shall not be considered the employer, agent, partner or joint venturer of any Buyer or Seller.
You agree and understand that Animaroo.com is simply acting as a marketplace to Sellers and Buyers respectively.
All limitations and waivers that are applicable for this Agreement apply to this section as well.
27. SELLER AGREEMENTS
The Seller agrees as follows:
- Seller agrees to comply with filing requirements and will process all payments in accordance with the Site. Sellers will in addition make appropriate and significant efforts to update all billing information and resolve all unprocessed or declined payments in an expedited manner to maintain service.
28. BUYER NOTICES
Buyer understands that traditionally a transaction is not completed with a breeder or a formal contract until a deposit has been paid. Until a deposit has been paid, Buyer agrees that Seller may sell the alpaca or alpaca to any other interested Buyer. This is stated here to warn Buyers of traditional practices in order to avoid confusion in the marketplace.
Buyer understands the even though it has contacted Seller of an interest to purchase a alpaca or alpaca, that Seller is not required to respond to said offer and that said offer does not constitute a contract with the breeder or Animaroo.com
