These are the
terms and conditions (the "Terms") of the Tailwaggers,
Inc. web site. Please read these Terms carefully, they set
out the basis on which you are allowed to use this web site
(the "Site") and the information contained within
them (the "Content"). They are to protect you as
a user of the Site ("User") and to prevent the Site
from being used for any illegal or offensive purposes.
The Site is offered to you conditionally
on your agreement to these Terms and your continued use of
the Site signifies your acceptance of them. If you are using
this Site in the course of your employment or on behalf of
an organization, you agree that you are an authorized representative
of your organization and that you have authority to bind your
organization to these Terms. The Authorized Use Policy set
out below and available on the Site applies to anyone using
the Site and you are responsible for ensuring that employees
or agents of your organization are made aware of and comply
GENERAL USE OF THE SITE
You must not post any Content on the Site or use the Site
in any way that is or may be considered to be:
a) in breach of any obligations or duties of confidentiality;
b) capable of infringing any other person or other entitys
intellectual property rights (including but not limited to
copyright, trademarks, design rights or database rights);
c) in breach of any applicable law, whether criminal or otherwise;
d) offensive, obscene, insulting, false, defamatory, unreliable,
misleading or otherwise inappropriate.
In addition, you must not use the Site to:
a) abuse, harass, stalk or threaten others;
b) advertise or offer to sell any goods or services (other
than in accordance with these Terms), or conduct or forward
surveys, contests or chain letters;
c) upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the
operation of our or any other computer;
d) upload files which contain an active hypertext link to
another web site; or
e) download any file posted by us or another
User that you know or reasonably should know, cannot be legally
distributed in such manner.
You must not frame or link to the Site or any part of it or
the Forum without our express permission.
We shall be entitled at any time to delete, remove or suspend
the whole or any part of the Site, including any Content that
you provide, without notice to you and without incurring any
We may block or withhold your access to the Site if we have
reasonable grounds to suspect any breach by you of these Terms,
that we or any User has incurred or may incur any liability
in connection with the Site, or if your use or Content is
Unless otherwise indicated on the Site, you may download to
a local hard disk and print extracts from the Site solely
for personal, non-commercial use and you may also recopy downloaded
extracts to others for their personal, non-commercial use.
Unless otherwise indicated on the Site, you must not reproduce
part or all of the Content in any form unless it is for personal,
non-commercial use in accordance with the terms hereof.
Unless otherwise indicated on the Site, you must not copy
or otherwise incorporate into or store in any other web site,
electronic retrieval system, publication or other work any
of the Content in any form (whether hard copy, electronic
or other format).
All intellectual property rights and goodwill in or relating
to Tailwaggers, Inc. belong to Tailwaggers, Inc.
Except as expressly specified herein, nothing in these Terms
may be construed as granting any licence or right to use any
intellectual property of Tailwaggers, Inc., our agents, successors
and or assigns without our express written permission.
Users may provide us with personal information about themselves
and others. Generally this information is requested when you
register for membership or when you use any of the services
offered by the Site.
which forms part of these Terms and is available at the end
of these Terms and from the foot of this page.
LIMITATION OF LIABILITY AND DISCLAIMERS
Nothing in these Terms operates so as to exclude, limit or
restrict Tailwaggers, Inc.'s liability for death or personal
injury or our liability for fraud or fraudulent misrepresentation.
Any link on the Site is provided solely for your information
and convenience. A link does not represent any endorsement
or recommendation byTailwaggers, Inc. and does not mean that
we have any association with the linked web site. We are not
responsible for the content of any linked web site.
Tailwaggers, Inc. will not be liable to you or any third party
for any claim to the extent that the same is characterised
as a claim for, or arising from:
a) loss of profits or anticipated savings;
b) loss of goodwill or injury to reputation;
c) loss of business opportunity;
d) loss of data;
e) loss as suffered by third parties;
f) indirect, consequential or special loss or damage regardless
of the form of action, whether in contract, strict liability
or tort (including negligence) and regardless of whether Tailwaggers,
Inc. knew or had reason to know of the possibility of the
loss, injury or damage in question.
Tailwaggers, Inc. is not liable for any failure to perform
any obligation caused by matters beyond our reasonable control
(including without limitation any failure of transmission,
inability to access the Site or any failure, error or delay
in the sending or receiving of any communication).
Tailwaggers, Inc. is not liable for any loss, damage or other
liability whatsoever arising from any Content, activity, terms
or policies on or in connection with the Site or from any
separate agreement which you may enter into with another User.
Without affecting the rest of these Terms, the total liability
of Tailwaggers, Inc. to you under these Terms (whether arising
in negligence or otherwise) will not exceed the sum paid by
you for services received through the Site.
Tailwaggers, Inc. excludes all warranties, conditions and
terms, whether express or implied to the fullest extent permitted
by law in respect of the Site.
You agree to indemnify us against all liabilities, claims
and expenses that may arise from any breach of these Terms
by you, your employees or agents from any use of the Site
or from any of your Content.
If any term of these Terms is held to be invalid or unenforceable
by judicial decision, the rest of the Terms shall remain valid
Tailwaggers, Inc. reserves the right to change these Terms
from time to time. If we change these Terms, we shall post
the new version on the Site. You will be taken to have agreed
to such revised version if you continue using the Site. You
should check the Terms periodically to ensure that you are
aware of and are complying with the current version.
These Terms and any documents referred to in them are governed
by and construed in accordance with the laws of the State
of Florida and you and we agree to submit to the exclusive
jurisdiction of the Florida courts for the determination of
These Terms constitute the entire agreement between us in
respect of the subject matter contained in these Terms and
supersede and replace all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.