Terms of Use

Last Updated: May 23, 2019

 

These Terms of Use (“Terms”) are entered into between you and EF Pets, LLC (referred to as “Company”, “us”, “our” or “we”) and represent a legal agreement between you and the Company. By accessing the website www.loveroosevelt.com (“Website”), you are agreeing to abide by the terms and condition set forth in these Terms, which govern all use of this Website and the services available through the Website. Please take a few minutes to read this agreement before accessing or using the Website. These Terms, together with any documents they expressly incorporate by reference, including the Privacy Policy (which is hereby incorporated by this reference), govern your access to and use of the Website. If you do not agree with any of these Terms or do not wish to be bound by these Terms, your only option is to not use or access our Website.

We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms control the relationship between the Company and you.  

Age and Jurisdiction

This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions only. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.  If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Website at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence.

Use of the Website

In order to access or use some sections of the Website, you may be required to provide certain information including your name, phone number and email address. You are solely responsible for any information you provide to us. You represent and warrant that the information you provide to us is true, legal, accurate, non-fraudulent and solely yours. You may not impersonate, imitate or pretend to be somebody else when providing any information on the Website.

You authorize the Company to use the information you supply to us in accordance with these Terms, and agree that we may use and share the information you provide as described in our Privacy Policy.

Third Party Services

If the Website provides with you with an opportunity to engage with third party services, provides you with information pertaining to third party services or provides you with links to third party websites and services (collectively, “Third Party Services”), these Third Party Services are provided for your convenience only. The Company does not have any control over these Third Party Services, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. 

These Terms do not apply to any Third Party Services and do not govern the practices of such Third Party Services or the providers who make them available. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party Services. If you decide to access any of the Third Party Services available on this Website, or on other websites through links from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Services.

Proprietary Rights

If you are eligible to use the Website as described herein, the Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely in accordance with the terms and conditions provided hereunder.

These Terms permit you to use the Website for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

The Company and/or its licensors own the Website, including all software and other technology provided or employed by the Company, and all the Website’s contents, design, layout, functions, appearance and other intellectual property comprising or associated with the Website, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. The Company name, the terms Roosevelt, Love Roosevelt, EF Pets, the Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors (collectively, “marks”). You must not use such marks without the prior written permission of the Company. The Company does not grant any licenses to any intellectual property rights other than the limited rights to use the Website, as set forth herein and subject to these Terms.

The Website may contain intellectual property of third parties, including names, logos, product and service names, designs, slogans, service marks and trademarks. Your use of this Website does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.

You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must immediately destroy any copies of the materials you have made.

All rights not expressly granted herein are reserved by the Company. Your use of this Website does not grant you ownership rights of any kind in the Website.

Confidentiality

As a result of your use of the Website we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business (“Our Information“). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes set out in these Terms. Any disclosure of Our Information to a third party is strictly prohibited. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.

All obligations contained in these Terms shall survive their termination.

User Conduct

In using the Website, you represent and warrant that you will (i) not send to the Company or upload onto or through the Website any information unless you own or have consent to do so; and (ii) not:

  • violate any applicable international, country, province, federal or state laws, regulations, ordinances or rules (collectively, “Laws“);
  • make any information available to the Company if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
  • transmit any information, data, images, or other materials or post any content on the Website that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
  • transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • provide any false personal information;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • violate or attempt to violate the security measures or controls of the Website, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Website or any network used by the Website or to breach security, encryption or other authentication measures or attempting to do any of the foregoing; or interfering with the Website by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
  • reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Website;
  • introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • “scrape,” copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials, content or information contained in, available on or accessible by means of the Website (the “Company Information”) from the Website, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots, crawlers or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through use of the search engine and search agents available on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
  • harvest or collect the Company Information, email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

Additional Restrictions/Obligations

  • You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any the Company Information.
  • Except as specifically authorized herein, you may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works of, transfer or sell any of the Company Information.
  • You shall, where applicable, (i) provide true, accurate, current and complete information about yourself when entering your information on the Website, if such feature is available; and (ii) maintain and update this information to keep it true, accurate, current, and complete after entry.
  • You shall abide by all copyright notices or restrictions contained in any content accessed through the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Linking to the Website and Social Media Features  

You may link to our homepage, provided you do so in a way that is fair and legal and do not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that may enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, and otherwise in accordance with any additional terms and conditions we provide with respect to such features (if any). We may disable all or any social media features and any links at any time without notice in our discretion.

Subject to the foregoing, you must not cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, as a result of embedding or framing; provided, however, that you are permitted to copy a link to a sub-page of our Website and post it on your social media or other websites or pages you control, if such links clearly permit other viewers to identify the site from which the link was made, and such viewers can identify that we are the owners of the content therein.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 

We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Release of liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, if any.

Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OF ITS SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives, licensors and approved and permitted assigns from any and all loss and damage from and against any and all claims and expenses, including attorneys’ fees and legal costs, arising out of or in connection with your use of the Website, including but not limited to your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the state or federal courts located in the city, state and county of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Assignment/Change in Control

You may not assign your rights or obligations under these Terms, in whole or in part.  We may assign our rights or delegate our obligations to third parties without your consent and without need to give you notice.  In the event of a change of control of the Company or the sale of substantially all of the Company’s assets or other corporate event involving the Company, all rights and obligations of the Company hereunder shall be transferable without notice to you.

Contact

If you have any questions about these Terms, you may contact us at info@loveroosevelt.com.