Agreement Between User and iFetch, LLC
Welcome to www.goifetch.com. The www.goifetch.com website (the “Site”) is comprised of various web pages operated by iFetch, LLC (“iFetch”). www.goifetch.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (these “Terms”). Your use of www.goifetch.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. If you do not want to agree to these Terms, you must not access or use the Site.
www.goifetch.com is an E-commerce Site.
The website is used to sell dog toys and related products, and provide information about them.
Visiting www.goifetch.com or sending emails to iFetch constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
iFetch does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.goifetch.com only with permission of a parent or guardian. Any products ordered or submitted for order at the Site must be made only by persons who are at least 18 years of age.
Links to Third Party Sites/Third Party Services
www.goifetch.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of iFetch and iFetch is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iFetch is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iFetch of the site or any association with its operators.
Certain services made available via www.goifetch.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.goifetch.com domain, you hereby acknowledge and consent that iFetch may share such information and data with any third party with whom iFetch has a contractual relationship to provide the requested product, service or functionality on behalf of www.goifetch.com users and customers.
goifetch.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.goifetch.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to iFetch that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of iFetch or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. iFetch content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of iFetch and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of iFetch or our licensors except as expressly authorized by these Terms.
The iFetch name, the iFetch logo and all related names, logos, product and service names, designs and slogans are trademarks of iFetch. You must not use such marks without the prior written permission of iFetch. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
The owner of the Site is based in the State of Texas in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from a location outside the United States, you do so on your own initiative and are responsible for compliance with all local laws. You agree that you will not use the iFetch Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
User Contributions of Content
The Site may contain message boards, discussion forums, bulletin boards and other features that may allow users to post, submit, publish or display to other users content or materials (“User Contributions”) on or through the Site. Any User Contributions will be considered non-confidential and non-proprietary. iFetch is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. iFetch reserves the right to remove any User Contributions from the Site at any time at its sole discretion.
You agree to indemnify, defend and hold harmless iFetch, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any User Contributions made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. iFetch reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with iFetch in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. iFETCH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
You understand that iFetch cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. iFETCH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
iFETCH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. iFETCH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iFETCH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOST REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF iFETCH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
iFetch reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and iFetch as a result of these Terms or use of the Site. iFetch’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of iFetch’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by iFetch with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and iFetch with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iFetch with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
iFetch reserves the right, in its sole discretion, to change these Terms under which www.goifetch.com is offered. The most current version of these Terms will supersede all previous versions. iFetch encourages you to periodically review these Terms to stay informed of our updates.
iFetch welcomes your questions or comments regarding these Terms:
9208 Bell Mountain Drive
Austin, Texas 78730
Effective as of November 05, 2013