Agreement Between User and www.softpaws.com
Welcome to www.softpaws.com. The www.softpaws.com website (the "Site") is comprised of various web pages operated by SoftPaws.com (A Division of Aquanta LLC) ("SoftPaws.com"). www.softpaws.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.softpaws.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.softpaws.com is an E-commerce and Blog site.
SoftPaws.com sells high-quality nail-caps and toys for cats and dogs, provides informational articles, and shares customer testimonials and images.
There are no warranties of any kind (implied or express), representations, or guarantees associated with softpaws.com, "the Site," or the Site owner, Aquanta LLC, and its agents/associates. The Site must not be relied upon for any human health or veterinary advice since the Site does not contain any such content. The Site contains general articles of an informational nature exclusively.
This website is not intended to replace professional consultation, diagnosis, or treatment by a licensed veterinarian or physician. If you require any medical or veterinary-related advice, contact your veterinarian promptly. Information at SoftPaws.com is exclusively of a general reference nature. Do not disregard any medical or veterinary advice or delay treatment as a result of accessing information at this site.
Visiting www.softpaws.com or sending emails to SoftPaws.com 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.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SoftPaws.com is not responsible for third party access to your account that results from theft or misappropriation of your account. SoftPaws.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
SoftPaws.com 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.softpaws.com only with permission of a parent or guardian.
You may return nail-caps purchased from SoftPaws.com within 60 days of the original delivery for a full refund of the purchase price, minus the cost of shipping. No returned merchandise will be accepted without a Return Material Authorization (RMA). Call 800-989-2542 or contact us to request an RMA. We will credit you in the same manner as your original payment within 7 days of receiving the returned item.
Links to Third Party Sites/Third Party Services
www.softpaws.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SoftPaws.com and SoftPaws.com is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SoftPaws.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SoftPaws.com of the site or any association with its operators.
Certain services made available via www.softpaws.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.softpaws.com domain, you hereby acknowledge and consent that SoftPaws.com may share such information and data with any third party with whom SoftPaws.com has a contractual relationship to provide the requested product, service, or functionality on behalf of www.softpaws.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
No portions of the Site may be reproduced in any fashion or otherwise utilized (except for personal education) without express written permission by Aquanta LLC. Site design and design elements (arrangement, layout, graphics, slogan, buttons, logos, images, and menus) as well as the compilation thereof, any informational components (text, video, audio, animation, illustration, photographic, diagrammatic), and any software used on the Site are included in the definition of "material."
All material on SoftPaws.com is the property of SoftPaws.com or its suppliers and is 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.
Article excerpts may be used for education of self and only for educational purposes without commerce if the material is printed with identifying web site address or sourced as follows: Reprinted/Excerpted with Permission, www.SoftPaws.com.
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. SoftPaws.com 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 SoftPaws.com 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 SoftPaws.com or our licensors except as expressly authorized by these Terms.
All product names and products mentioned herein or linked to on the Site are covered by the respective trademarks of their owners.
All suggestions, testimonials, and images submitted to the Site by any means become the Site property (perpetual, sub-licensable, non-exclusive, all media rights, not time limited) and can subsequently be used without remuneration and in any fashion by the Site owner or its agents. Any email correspondence with Aquanta LLC, www.softpaws.com, and Dr. Schelling is a general information correspondence and does not constitute medical or veterinary advice.
Aquanta LLC, its agents, writers, editors, or other associates of the Site are not responsible for any damages (whatsoever) arising from the use of the Site or inability to use the Site. This includes damages arising from any external site links, the substance of the Site, or arising from the use of the Site content.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
The Site has no obligation to monitor the Communication Services. However, the Site reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. SoftPaws.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SoftPaws.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at SoftPaws.com's sole discretion.
Always use caution when giving out any personally-identifying information about yourself or your children in any Communication Service. SoftPaws.com does not control or endorse the content, messages, or information found in any Communication Service and, therefore, SoftPaws.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SoftPaws.com spokespersons, and their views do not necessarily reflect those of SoftPaws.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.softpaws.com or Posted on Any SoftPaws.com Web Page or Social Media Venue Such as Facebook, Twitter, and Pinterest.
The Site does not claim ownership of the materials you provide to www.softpaws.com (including feedback and suggestions) or post, upload, input, or submit to any SoftPaws.com Site or our associated services (collectively "Submission(s)"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting SoftPaws.com, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SoftPaws.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the Site's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
Third Party Accounts
You will be able to connect your SoftPaws.com account to third party accounts. By connecting your SoftPaws.com account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by SoftPaws.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SoftPaws.com Content accessed through www.softpaws.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless SoftPaws.com, 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 postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. SoftPaws.com 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 SoftPaws.com 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. SOFTPAWS.COM (A DIVISION OF AQUANTA LLC) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SOFTPAWS.COM (A DIVISION OF AQUANTA LLC) 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. SOFTPAWS.COM (A DIVISION OF AQUANTA LLC) 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.
SoftPaws.com 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, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California 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 SoftPaws.com as a result of this agreement or use of the Site. SoftPaws.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SoftPaws.com'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 SoftPaws.com with respect to such use. If any part of this agreement 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SoftPaws.com with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and SoftPaws.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement 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 this agreement and all related documents be written in English.
Changes to Terms
SoftPaws.com reserves the right, in its sole discretion, to change the Terms under which www.softpaws.com is offered. The most current version of the Terms will supersede all previous versions. SoftPaws.com encourages you to periodically review the Terms to stay informed of our updates.
Collection of your Personal Information
SoftPaws.com may collect personally-identifiable information, such as your name and email address. If you purchase SoftPaws.com's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by SoftPaws.com. This information can include: your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the SoftPaws.com website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through SoftPaws.com's public message boards, this information may be collected and used by others.
SoftPaws.com encourages you to review the privacy statements of websites you choose to link to from SoftPaws.com so that you can understand how those websites collect, use, and share your information. SoftPaws.com is not responsible for the privacy statements or other content on websites outside of the SoftPaws.com website.
What Information Do We Collect?
We collect information from you when you register on the Site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as email, or participate in another Site feature.
When ordering or registering, we may ask you for your name, email address, mailing address, phone number, credit card information, or other information. You may, however, visit our site anonymously.
We collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
Use of your Personal Information
SoftPaws.com collects and uses your personal information to operate its website(s) and deliver the services you have requested, including the following:
To personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are the most interested.
To allow us to better service you in responding to your customer service requests,
To quickly process your transactions.
To administer a contest, promotion, survey, or other Site feature.
If you have registered and account with us, or opted-in to receive our e-mail newsletter, we may send you periodic emails. If you wish to no longer receive promotional email from us, please refer to the "How Can You Opt-out, Remove, or Modify Information You Have Provided to Us?" section below.
If you have not registered an account or opted-in to receive email newsletters, you will not receive these emails. Visitors who register or participate in other Site features such as marketing programs and "members-only" content will be given a choice to opt out of our email list and to cease receiving email communications from us.
SoftPaws.com may also use your personally-identifiable information to inform you of other products or services available from SoftPaws.com and its affiliates. SoftPaws.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
SoftPaws.com does not sell, rent, or lease its customer lists to third parties.
SoftPaws.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally-identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. SoftPaws.com may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SoftPaws.com, and they are required to maintain the confidentiality of your information.
SoftPaws.com may keep track of the websites and pages our users visit within SoftPaws.com in order to determine which SoftPaws.com services are the most popular. This data is used to deliver customized content and advertising within SoftPaws.com to customers whose behavior indicates that they are interested in a particular subject area.
SoftPaws.com will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SoftPaws.com or the site; (b) protect and defend the rights or property of SoftPaws.com; and, (c) act under exigent circumstances to protect the personal safety of users of SoftPaws.com or the public.
The SoftPaws.com website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize SoftPaws.com pages or register with SoftPaws.com site or services, a cookie helps SoftPaws.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same SoftPaws.com website, the information you previously provided can be retrieved, so you can easily use the SoftPaws.com features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the SoftPaws.com services or websites you visit.
Security of your Personal Information
To secure your personal information from unauthorized access, use or disclosure, SoftPaws.com uses the following:
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
SoftPaws.com does not knowingly collect personally-identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
How Can You Opt-out, Remove, or Modify Information You Have Provided to Us?
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from SoftPaws.com by contacting us here:
- Web page: Click Here for the Contact Us page.
- Email: Please submit your email request via our Contact Us page.
- Phone: (800) 989-2542
Changes to This Statement
SoftPaws.com will occasionally update this Statement of Privacy to reflect company and customer feedback. SoftPaws.com encourages you to periodically review this Statement to be informed of how SoftPaws.com is protecting your information
SoftPaws.com (A Division of Aquanta LLC)
39685 Sierra Dr
Three Rivers, CA 93271
Effective as of October 01, 2015