Pawpons Terms and Conditions

Agreement to Terms and Conditions

INTRODUCTION

Welcome to Pawpons.com, a place to Click, Save and Play!  This website was established to make available the special deals offered by, and to, pet lovers. The site is interactive and consists of content and transaction capabilities through which you can access coupons to use in exchange for a reduced cost for products and services provided by merchants. These Terms and Conditions control your access to the program and therefore should be reviewed carefully.

USE CONSTITUTES CONSENT

By using the Pawpons website (referred to hereinafter as "Site") you are deemed to consent to, and be bound by, these Terms and Conditions (referred to hereinafter as "Agreement"). If, in fact, you do not wish to consent, do not use the Site.

OUR RIGHTS

Pawpons (referred to hereinafter as "we", "us" and "our"), may at any time change any of the features of the Site (including hours, content, means of access or transmission), and may discontinue the Site. We may discontinue or modify any of provisions of the Agreement and/or Privacy Policy. We will notify you of such changes if you have provided us with an email address when you registered. The change will be effective upon the sending of such notice, or for new customers upon posting on our Site. Changes may not apply to coupons purchased prior to the effective date of the change.

We reserve the right, but have no obligation, to monitor content and activity on the Site, and to remove any material or to take action as may be deemed appropriate in the event of disputes between customers or between a customer and a merchant. To the extent permitted by law, you release us from any liability for any content on the Site and from any claims regarding conduct of other customers or any merchant. Further, you acknowledge that access to the Site and the coupons constitutes adequate consideration to support this release, and you hereby waive any provision in the law that a general release does not extend to claims that you may not know or suspect exist and which, if known, would materially affect your decision.

We, and any of our licensors, retain ownership of all intellectual property rights of any kind related to the Site. This includes copyrights, trademarks and other proprietary rights, as is more fully described in the LEGAL NOTICES section. This Agreement does not grant you any license except for the limited use of the Site as intended by this Agreement, nor does it grant any other rights that are not expressly identified in this Agreement.

YOUR CONDITIONAL LICENSE

This Site and any related sites are proprietary, and your use of same must be in accordance with this Agreement, lawful, without violation of the rights of any other person or entity, and not in any way threatening, abusive, false, defamatory, obscene or otherwise objectionable or inappropriate. You may not use this Site to advertise or solicit for any product or service, to promote any religious or political agenda, or in any way potentially compete with us or any merchants appearing on our Site. If you post any communications on the Site, you will be deemed to have granted us a perpetual, irrevocable, non-exclusive license, without cost to us, to edit, distribute and publish same.

By using this Site, you assert, acknowledge and affirm that you: are at least 18 years old; will provide accurate information when setting up an account; are solely responsible for the security of your user ID and any activity that occurs while you are signed in to the Site; will only submit content that is free from any copyright or proprietary right violations and that you own or have the right to publish any such content; will not use the Site or any systems connected thereto, or any information gathered from the Site, for any commercial purposes; are solely responsible for the content you submit; will not modify in any way content posted by others; authorize us to determine if any of your content does not comply with this Agreement and to remove non-compliant content and/or terminate your account.

While we will make every effort to maintain compliance with these requirements, you may be exposed on this Site to content that violates our rules and policies. Your use of our Site is at your own risk, and we cannot be held liable, nor do we take any responsibility, for your exposure to content you find offensive, whether it is or is not in conformity with our content requirements.

YOUR RESPONSIBILITIES

You are responsible for obtaining and maintaining all equipment needed for your personal access to this Site, for the cost thereof, and charges for such use. In using the Site, you agree that you will not: promote any illegal activity; upload, distribute or print any content that may be harmful to minors or any other person; upload or transmit any form of malicious code, such as a Trojan horse, worm, virus or spyware; generate any spam; interfere with the functionality of the Site or any supporting software; misrepresent your identity.

In order to use the Site, you will need to create an account by registering. You agree to complete the registration process with only accurate information, and if any of the provided information changes, to provide accurate updates. You agree to keep secure the user ID you create, to not share it with anyone and to not permit anyone else to use your ID to access the Site. You are responsible for unauthorized use of your user ID to access the Site or purchase coupons. If you become aware of unauthorized use, you agree to notify us immediately. You may not register to use the Site if your access has previously been terminated, and you may not arrange for another person to set up an account on your behalf.

You agree to defend, indemnify and hold us harmless, as well as our officers, directors, agents, members and employees, from and against all claims, damages, liabilities, costs and expenses, including but not limited to attorney's fees, arising out of or related to: your use of and access to the Site; any product or service purchased by you in connection with the Site; or your violation of any part of this Agreement. This defense, indemnification and hold harmless provision will survive any termination of your use of the Site or this Agreement.

You are solely responsible for your interaction with merchants and other users of the Site. You hereby release us from any liability or claim regarding any product or service you obtain from a merchant, any alleged action or failure to act by a merchant, and any words or actions by any other user, whether online or not.

RESTRICTIONS

It should go without saying, but for the good of all concerned we will ask that anyone seeking to use this Site do not (this can be read as your agreement that you will not):

  • provide false or misleading information, or in any way seek to impersonate another user
  • use this Site to generate unsolicited email, advertisements or spam of any type
  • attempt to access secured areas of this Site without express authorization
  • promote or conduct any illegal, religious or political activities through use of this Site
  • introduce, upload or transmit any form of malicious code, such as a virus, worm or Trojan horse
  • use any means to improperly or without express authorization harvest information from this Site
  • hinder, harm or interfere with the proper functioning of this Site
  • attempt to reverse engineer or otherwise secure the source code of the software that enables this Site
  • upload, print or in any way distribute through this Site anything that may be considered harmful to minors or any other person

You understand and agree that if you violate any of these restrictions, in addition to prohibiting your continued access to this Site, we will report such actions to the proper authorities.

SALE OF COUPONS - THE PROCESS

We provide pet lovers with opportunities to purchase products and services from merchants at a reduced cost by using a coupon representing a limited time offer by the merchant. The coupon is for loyalty and promotional purposes. Using the Site, You purchase the coupon online, creating an account and agreeing to the terms and restrictions associated with the particular offer. You will receive a confirmation that the purchase has been completed and your credit card has been charged. There may be a requirement that a minimum number of coupons be purchased in order for the offer to be activated. Assuming the requisite number of coupons has been purchased, you will receive an email notifying you that the coupon is authorized for use. If the minimum number of coupons has not been purchased, the charge to your credit card will be reversed and the purchase price credited back to your account. Once authorized, you may access the Site and print your coupon(s). You may also view your past purchases and modify your Site preferences.

The coupon you purchase will be redeemable for the specified product(s) or service(s) by the merchant, but not tax or gratuity. We issue, but do not redeem, the coupons. The merchant redeems the coupon for the specified product(s) or service(s). Merchant charges sales tax on full retail price of merchandise. There are certain restrictions and requirements in connection with the coupons, namely: one coupon per redemption, unless otherwise specified by the merchant; coupons cannot be combined with any other coupons, vouchers, certificates or promotions unless specified by the merchant; no cash back for partial redemption, store credit only, at the discretion of the merchant, unless otherwise required by law; the coupon has no intrinsic cash value; coupons cannot be used for taxes, prior balances, shipping or handling; neither we nor the merchant will be responsible for lost or stolen coupons or reference numbers;  reproduction, sale or trade of coupons is prohibited, unless in compliance with applicable law. We will refund the purchase price of the coupon if the merchant has gone out of business prior to the expiration date of the coupon.

THIRD PARTY CONTENT

We may include on this Site content that we did not produce, that is supplied by a third-party, and in that sense we are a distributor. As such, we do not have control over the content and cannot be held responsible for the accuracy or reliability of, nor do we take a position on, the views, statements, opinions, advice, information or content made available by third-parties, which may include you, our customers.

We may also have links to third-party websites. These are provided as a convenience item only, and in no way is the provision of a link to be considered approval or endorsement of the content of such websites. We expressly disclaim any responsibility for content of third-party websites. If you choose to access any such site, you do so at your own risk.

DISCLAIMER OF WARRANTY

WE PROVIDE THIS SITE AND RELATED SERVICES ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITH NO EXPRESS WARRANTIES. . YOU EXPRESSLY AGREE TO USE THE SITE AT YOUR SOLE RISK. WE, OUR AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, MEMBERS AND DIRECTORS DISCLAIM IMPLIED WARRANTIES THAT THE SITE OR SERVICES ARE MERCHANTABLE, FREE OF ERRORS, WILL BE UNINTERRUPTED, ARE ACCURATE, OF SATISFACTORY QUALITY, TIMELY OR FIT FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE AT ALL TIMES. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE REALIZED FROM USE OF THE SITE, OR THE RELIABILITY OF CONTENT OR ANY INFORMATION, SERVICES OR COUPONS PROVIDED THROUGH THE SITE. WE MAKE NO WARRANTY AS TO PRIVACY OR SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE USE OF THE SITE OR SERVICES. IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, EMPLOYEES, VENDORS OR MERCHANTS BE LIABLE FOR ANY CLAIM RELATING TO THE USE OF THE SITE OR SERVICES EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE SIX MONTHS PRECEEDING THE BRINGING OF ANY CLAIM. IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, MEMBERS, AGENTS, EMPLOYEES, VENDORS OR MERCHANTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUR OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICES OR COUPONS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES.

COPYRIGHT AND TRADEMARK NOTICE

Pawpons is a trademark of Pawpons, LLC. We expressly reserve all rights to the trademark. The entire contents of the Site are considered our collective work and protected under the copyright laws of the United States. Content from the Site may not be accessed, downloaded, printed or saved for any commercial purposes.

If you are a copyright owner and believe that content on this Site infringes on your copyright, you may notify our copyright agent, pursuant to the Digital Millennium Copyright Act, in writing, as follows: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted material; (b) specific identification of the copyrighted material claimed to have been infringed and its online location; (c) identification of the material on this Site that is claimed to be infringing on the copyright; (d) information that is reasonably sufficient to permit the service provider to contact you; (e) a written statement that you have a good faith belief that use of the material is not authorized, in the manner in which it is being used, by you, any of your agents or the law; and (f) a statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner. Your notice may not be valid if you fail to comply with all of the requirements of this section. Contact information for our Copyright Agent is:

Pawpons, LLC
Attn: DMCA / Copyright Agent
PO Box 34147
West Bethesda, MD 20827

PRIVACY

You acknowledge that any communication submitted by you to us on the Site is considered non-confidential and therefore you cannot have any expectation of privacy with regard to such communication. Please review our Privacy Policy for additional information.

TERMINATION

We may terminate this Agreement, change or discontinue the Site or any of the services at any time for any reason without prior notice. This Agreement will terminate automatically in the event that you violate any of the terms and conditions set forth in this Agreement. In the event of termination, any coupons purchased and issued prior to the termination will be honored according the terms specifically applicable to the coupon, however you will immediately cease to have and use access to the Site and related services. The provisions of the following sections will survive termination of this Agreement and will still apply to you: Our Rights, Your Responsibilities, Disclaimer of Warranty and Limitation of Liability.

ARBITRATION

By using this Site, you agree that any dispute, claim or controversy you may have against us relating to this Agreement, this Site or the purchase or use of any coupon shall be resolved exclusively by final and binding arbitration by the American Arbitration Association or equivalent body in the state of Maryland. The arbitration shall be conducted before one arbitrator, at a location in Maryland or as mutually agreed upon by you and us, and shall apply Maryland law. The arbitration shall involve your individual claims only, and the arbitrator is not authorized to consolidate the claims of any other persons.

MISCELLANEOUS

This Agreement, together with the Privacy Policy, constitutes the entire agreement between us. No agent or employee of Pawpons is authorized to modify any of its terms or create an individual agreement, and no modification by phone or email will be effective or valid. We may change the terms of the Agreement in the future, and any such modifications will be effective from and after the date they are posted on the Site. It is your sole responsibility to check the Site from time to time to determine if there have been any changes to the Agreement. If you do not agree to the changes, you must cease use of the Site and related services. Your use of the Site indicates acceptance of the terms and conditions of the Agreement as it is constituted at the time of your use.

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the validity and enforceability of any other provision in this Agreement.

The failure of either party to enforce or exercise any right under this Agreement shall not be deemed a waiver of such right.

Nothing in this Agreement shall be interpreted as creating a partnership, employment relationship or agency. Your rights under this Agreement are personal and may not be assigned. Any cause of action arising out of this Agreement or related to your use of this Site or related services must be commenced within one year after the cause of action accrues or it will be forever barred.

You assert and affirm that you are at least 18 years of age and are fully able and competent to enter into this Agreement. If this is not the case, you must cease any use of this Site and related services.