Terms of Use
Store #1, d/b/a Wholesome Hound is pleased to make the web site and services located at wholesomehound.com (the “Site”) available for your use and benefit. The following are terms of a legal agreement between you and Wholesome Hound. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Site’s Privacy Policy, you must immediately log off the Site and may not use the Site.
These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Wholesome Hound, unless otherwise directed by Wholesome Hound. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of any hyperlinks to this Site.
Collection of Visitor Information On This Site
Any information collected at this Site is governed by the Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with us and use a login page, which is a part of the Site, and you must agree to be bound by any additional applicable terms and conditions (including this Terms of Use agreement).
Use Restrictions
Limitations on Use of Content. All content, data and material contained on the Site are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by Wholesome Hound and which are protected under the laws of the State of Florida, the United States, foreign jurisdictions, and/or international treaties.
No portion or element of the Site or any of its content may be copied, modified, distributed, retransmitted, displayed, or performed via any means. This Site, its content and all related rights shall remain Wholesome Hound’s exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing by Wholesome Hound. Without Wholesome Hound's prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost, or otherwise use the content of this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.
Limited Access. Except as otherwise expressly permitted by Wholesome Hound, any access or attempt to access other areas of a Wholesome Hound computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Wholesome Hound's prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason.
Additional Use Restrictions. As a visitor to this Site you shall not:
violate any applicable local, state, national or international statute, regulation, or law;
upload, post, use, or otherwise make available any content or information that is false inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization; engage in any activities or manipulate identifying material to misrepresent the origin of content;
upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
interfere with or otherwise limit the use of this Site by other users;
or stalk or harass anyone;
collect, compile, or store personal information about other users of this Site;
share your password with anyone else;
disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked sites;
or use this Site for commercial purposes.
You agree that you are solely responsible for any content that you upload, post, use, or otherwise make available on this Site (“User Content”). Although Wholesome Hound has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, Wholesome Hound reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By posting User Content to this Site, you represent and warrant that: (a) the User Content is nonconfidential; (b) you have all necessary rights to post the User Content to the Site; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
Links to Other Sites
This Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Wholesome Hound does not review or monitor the web sites linked to this Site and Wholesome Hound is not responsible for the contents or privacy policies of any other web sites. Any link established by Wholesome Hound does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between Wholesome Hound and the operators of other web sites. Wholesome Hound disclaims any liability with respect to your use of any other web site, and you release Wholesome Hound from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by Wholesome Hound, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Accuracy
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product or service descriptions. Wholesome Hound reserves the right to discontinue the sale of any product or service listed on this Site at any time without notice and correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Disclaimer of Warranties for the Site
THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. WHOLESOME HOUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. WHOLESOME HOUND MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Limitation of Liability
IN NO EVENT SHALL EITHER WHOLESOME HOUND OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to use of this Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Under no circumstances whatsoever shall Wholesome Hound's aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).
Indemnification
You agree to indemnify, defend, and hold Wholesome Hound and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
Operation and Maintenance Of This Site
Wholesome Hound may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Wholesome Hound reserves the right to refuse service to anyone at any time, with or without cause.
Your Account
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your username or password. Wholesome Hound reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit content.
Changes to Terms of Use
Wholesome Hound may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Wholesome Hound shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
Applicable Law & Miscellaneous
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Wholesome Hound makes no representation or warranty that the products or services advertised or offered on the Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by Wholesome Hound to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, and any of Wholesome Hound's rights arising out of them, may be assigned in whole or in part by Wholesome Hound at any time without necessity of notice to you. These Terms of Use may not be assigned in any manner by you without the express, prior written permission of Wholesome Hound.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles or conflicts of laws. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Collier, Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Florida Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Florida courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.
You are responsible for compliance with applicable laws.
Contact
For questions or comments related to this Site, the Privacy Policy, or these Terms of Use, please contact Wholesome Hound by e-mail at [email protected]. Wholesome Hound shall have no obligations of any kind whatsoever to maintain any confidentiality with respect to any questions, comments, suggestions, and materials you send Wholesome Hound. Any and all questions, comments, suggestions, and materials that you send Wholesome Hound shall become Wholesome Hound's exclusive property; and you hereby transfer, sell, and assign to Wholesome Hound all of your right, title, and interest in and to any such questions, comments, suggestions, and materials, including without limitation, any and all related copyrights, moral rights, trademarks and service marks, patents, trade secrets, and/or other all proprietary rights. Wholesome Hound shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.