TERMS AND CONDITIONS OF USE:
Welcome to PocketPets™, an educational company dedicated to the care and
well-being of Sugar Gliders. The PocketPets™ products and websites
(collectively, "Products" or "the Service") are operated by
GRE, Inc. and its corporate affiliates (collectively, "us",
"we" or "the Company"). By accessing or using our web site
at www.sugargliderinfo.org (the "Site"), you (the "User")
signify that you have read, understand and agree to be personally bound by
these Terms and Conditions of Use ("Terms and Conditions of Use" or
"Agreement"), whether or not you have purchased animals and/or
Products from PocketPets™. We reserve the right, at our sole discretion, to
change, modify, add, or delete portions of these Terms and Conditions of Use at
any time without further notice. If we do this, we will post the changes to
these Terms and Conditions of Use on this page and will indicate at the top of
this page the date these terms were last revised. Your continued use of the
Service or the Site after any such changes constitutes your acceptance of the
new Terms and Conditions of Use. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY
FUTURE TERMS AND CONDITIONS OF USE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR
ACCESS) THE SERVICE OR THE SITE. It is
your responsibility to regularly check the Site to determine if there have been
changes to these Terms and Conditions of Use and to review such changes.
All content on the Site and available through this Site,
including designs, text, graphics, pictures, illustrations, characters, video,
information, applications, software, music, sound and other files, and their
selection and arrangement (the "Site Content"), are strictly-protected
by both United States and International Copyright Laws, and are the proprietary
property of GRE, Inc., its users or its licensors with all rights reserved. No
Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, linked to, displayed, posted, emailed, transmitted, or
sold in any form or by any means, in whole or in part, without the Company's
prior written permission – and any violations will be aggressively prosecuted
to the fullest extent of the law.
By entering this site, you specifically understand and
agree that you may not upload or republish Site Content on any Internet,
Intranet or Extranet site or incorporate the information in any other database
or compilation, and any use of the Site Content for anything other than your
own personal, non-commercial, informational purposes is strictly prohibited.
Any use of the Site or the Site Content other than as
specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will immediately terminate your ability to
access certain areas of the Site. Such unauthorized use may also violate
applicable laws including copyright and trademark laws and applicable communications
regulations and statutes – immediately subjecting you to criminal and/or civil
prosecution. Unless explicitly stated herein, nothing in these Terms and
Conditions of Use shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise. Access
privileges are revocable at any time without notice and with or without cause.
PocketPets™, www.sugargliderinfo.org and any/all other
Company graphics, logos, designs, page headers, illustrations, characters,
graphics, button icons, scripts and service names are registered trademarks,
trademarks or trade dress of Company in the
THE SITE, THE SERVICE, AND ANY/ALL SITE CONTENT ARE
PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY SITE
CONTENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICE, AND
ANY/ALL SITE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY, OR ITS DIRECTORS, EMPLOYEES OR
AGENTS ARE NOT LICENSED VETERINARIANS, AND NOTHING ASSOCIATED WITH THE SITE,
THE SERVICE, AND ANY/ALL SITE CONTENT ARE TO BE CONSTRUED OR RELIED UPON AS
“VETERINARY ADVICE”. AS SUCH YOU ARE
STRONGLY ENCOURAGED TO CONSULT WITH A LICENSED DOCTOR OF VETERINARY MEDICINE
REGARDING ANY HEALTH QUESTIONS AND/OR ISSUES ASSOCIATED WITH YOUR PETS. SHOULD YOU
CHOOSE TO RELY ON THE SITE, THE SERVICE, AND/OR ANY SITE CONTENT, YOU DO SO AT
YOUR OWN DISCRETION AND RISK; FULLY UNDERSTANDING AND AGREEING THAT YOU WILL BE
SOLELY RESPONSIBLE FOR YOUR USE THEREOF.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSS OF LIFE OR VETERINARY COSTS
ARISING FROM THE PURCHASE OF ANY ANIMAL(S), YOUR USE OF THE SITE OR THE SERVICE
OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR OTHERWISE
DIRECTLY OR INDIRECTLY AVAILABLE FROM THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, DIRECTLY BY
YOU TO COMPANY FOR THE PRODUCTS AND/OR SERVICES, BUT IN NO CASE WILL THE
COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES HAVE
BEEN PAID BY YOU DIRECTLY TO COMPANY, YOU SHALL NOT BE ENTITLED TO DAMAGES OF
ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your membership, delete your profile and any
content or information that you have posted on the Site or through any Platform
Application and/or prohibit you from using or accessing the Service or the Site
or any Platform Application (or any portion, aspect or feature of the Service
or the Site or any Platform Application) for any reason, or no reason, at any
time in its sole discretion, with or without notice. When we are notified that
a user has died, we will generally, but are not obligated to, keep the user's
account active under a special memorialized status for a period of time
determined by us to allow other users to view content.
By visiting or using the Site and/or the Service, you agree that the laws
of the State of
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY
AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF YOUR
RELATIONSHIP TO/WITH GRE, INC, AND/OR POCKETPETS™, THESE TERMS AND CONDITIONS
OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE
AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION. Arbitration under this Agreement shall be
conducted by the American Arbitration Association (the "AAA") under
its Commercial Arbitration Rules and, in the case of consumer disputes, the
AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA
Consumer Rules") (collectively the "AAA Rules"). The location of
the arbitration shall be in Lee County, Florida and the allocation of costs and
fees for such arbitration shall be determined in accordance with such AAA Rules
and shall be subject to the limitations provided for in the AAA Consumer Rules
(for consumer disputes). The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration or claim under these Terms and Conditions of Use shall be
joined to any other arbitration or claim, including any arbitration or claim
involving any other current or former customer or user of the Service, and no
class action arbitration proceedings shall be permitted. In no event shall any
claim, action or proceeding by you related in any way to the Site and/or the
Service (including your visit to or use of the Site and/or the Service) be
instituted more than one year (1) year after the cause of action arose.
By agreeing to access the Site, you agree to indemnify and hold the
Company, its subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with the
purchase of any animal(s), the use of the Site, the Service or any/all Site
Content.
These Terms and Conditions of Use constitute the entire agreement between
you and Company regarding the use of the Site and/or the Service, superseding
any prior agreements between you and Company. The failure of Company to
exercise or enforce any right or provision of these Terms and Conditions of Use
shall not constitute a waiver of such right or provision in that or any other
instance. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect. If any provision of
these Terms and Conditions of Use shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these Terms
and Conditions of Use and shall not affect the validity and enforceability of
any remaining provisions.