PetPPO Member Terms & Conditions
OVERVIEW OF THE PROGRAM
The PetPPO program (the "Program") is offered by PetPPO, Inc. (the "Company") to provide participating members of the Program ("Members") the opportunity to take advantage of benefits and rewards, in the form of discounts and specials offers (the “Benefits”), where and when available, from the Company’s participating Program service providers (Providers) on pet and pet related services.
PARTICIPATION IN THE PROGRAM
In order to participate in the Program individuals must be of contractual age (eighteen (18) years of age in most jurisdictions) and a resident of the U.S., Puerto Rico, or the U.S. Virgin Islands. If you do not qualify, please do not attempt to register for participation. In order to participate in the Program and to receive Benefits, an individual and/or the participating pet must be registered in good standing. The Program is void where prohibited or restricted by law. To participate, you must complete an application and the registration process. A Member must detail information about, and pay the applicable fees, for each of their pets for which they wish to be available for Benefits. You may be required to enter your first and last name, a login name, password, date of birth (DOB), mailing and e-mail addresses, telephone number, country of residence, password hint, pet name(s), type(s), age(s), gender(s) and other requested information. If the Company accepts your application to become a Member and upon receipt of the membership dues described below, the Company will establish an account in your name ("Account") with a registration for each participating pet. Individuals may only become involved as Members in their own name for their registered pet(s) and may not transfer any benefits or rights under the Program to other parties. Members may not represent or act as a proxy for other Members or other parties. Membership is personal to the Member and registered pet(s) and is not transferable to any other person, entity or non-registered pet. Members are responsible for all use of their Accounts (under any screen name or password) and for ensuring that all use of their Account complies fully with these Terms and Conditions. Members shall be responsible for protecting the confidentiality of their password(s), if any. Each Member is responsible for ensuring that the information in his or her Account is accurate and is kept current.
Participation in the Program may be conditioned upon payment by Members of subscription dues and any other expenses for additional items for each pet, the amount for which shall be determined by and in the sole discretion of the Company. Unless otherwise specified by the Company, such dues and other amounts may only be paid by credit card, debit card or PayPal (the Payment Method”), as may be amended by the Company in its sole discretion.
Annual Basis (Annual Plan)
Membership in the Program is valid for a term of one (1) year only and requires payment, each year, of the annual, limited-refundable membership dues. Except where prohibited by applicable law, the Company will automatically renew the membership and charge the Member's Payment Method of record for the annual membership fee and all applicable stated transaction fees or surcharges for each participating pet, unless the Member notifies the Company at least seven (7) days prior to the expiration of the membership term that the Member does not wish to renew their membership. In the event the Company cannot obtain proper and applicable authorization against the registered Payment Method for a subsequent payment and all applicable stated transaction fees and/or surcharges, the Membership subscription shall be suspended until payment is collected.
Annual Basis Payable Monthly (Monthly plan)
If a person elects to join the Program on an annual basis but elects to pay monthly, where and when available, membership in the Program is valid on a month-to-month basis and requires payment, each month, of the monthly membership dues and all applicable stated transaction fees and/or surcharges for each pet. Except where prohibited by applicable law, the Company will automatically renew the membership and all applicable transaction fees and/or surcharges which shall be charged to the Member's Payment Method of record unless the Member notifies the Company by calling 1-855-4 PetPPO / (855) 473-8776 at least seven (7) days prior to the expiration of the current monthly term to inform that the Member does not wish to renew their monthly membership and in such event the MEMBER SHALL BE SUBJECT TO THE PAYMENT OF THE CANCELLATION FEE DISCLOSED AT THE TIME OF REGISTRATION, which fee shall be charged to their proper and applicable registered Payment Method. In the event the Company cannot obtain proper and applicable authorization against the registered Payment Method for subsequent monthly dues and all applicable stated transaction fees and/or surcharges for each pet the Membership subscription for each applicable pet shall be suspended until payment is collected.
3-Month Trial Basis (3-Month Trial plan)
If a person elects to join the Program on a quarterly basis, where and when available, membership in the Program is valid on a quarter-to-quarter basis and requires payment, each quarter, of the quarterly, nonrefundable membership dues and all applicable stated transaction fees and/or surcharges per pet. Except where prohibited by applicable law, the Company will automatically renew the quarterly membership and all applicable transaction fees and/or surcharges which shall be charged to the Member's registered Payment Method of record unless the Member notifies the Company by calling 1-855-4 PetPPO / (855) 473-8776 at least seven (7) days prior to the expiration of the current quarterly term to inform that the Member does not wish to renew their quarterly membership. In the event the Company cannot obtain proper and applicable authorization against the registered Payment Method for subsequent monthly dues and all applicable stated transaction fees and/or surcharges for each pet the Membership subscription for each applicable pet shall be suspended until payment is collected.
Free Trial and Discounted Offers (ALTERNATIVE PLANS)
The Company may, from time to time, at its discretion, offer promotional, free or alternative membership plans (the “Alternative Plan”). Except where prohibited by applicable law, and unless otherwise clearly stated in the offer, such Alternative Plan may be automatically renewed at the applicable rate established and clearly set forth at the time of sale and/or registration, which may be higher than the Alternative Plan rate, at the end of the Alternative Plan period, unless such Member cancels their Alternative Plan membership at least seventy-two (72) hours (or such longer period of time as specified by the Company in writing in the applicable offer before the end of the Alternative Plan period). In the event of a free trial, only one (1) free trial membership with one (1) pet being registered is allowed per Member and such Member shall not qualify for any additional free trial periods. By enrolling pursuant to any Alternative Plan offer, Members will be responsible for all payments as specified in the offer and agree that the Company may adjust the pricing of such Member’s plan, for each pet, as specified in the applicable offer without further notice or other communication to such Member.
Credit Card and Charge Authorization
Each Member is responsible for paying the periodic dues specified above for each pet, and hereby authorizes the Company to charge the Member's registered Payment Method to pay for the dues (according to the terms set forth above) via automatic debit. Each Member acknowledges and agrees that the authorization to charge the Member's Payment Method shall automatically transfer to any successors or assigns of the Company. A Member may not assign or transfer his or her membership to any other person or entity. Each Member further agrees to complete, and assent to the terms of, the Company's then current charge authorization form.
Memberships which are terminated by the Company or cancelled or not renewed by the Member can be "reactivated" with proper payment, or, at the Company’s discretion, the Member may be required to re-apply to the Company for a new membership. A Member must cancel online via the website, where applicable, or call the Company at 1-855-4 PetPPO / (855) 473-8776 to request a cancellation of his or her membership and/or, where applicable, to request a cancellation and refund (see REFUNDS); provided however, as set forth above, a Member must cancel his or her membership within the appropriate time frame established for their account payment type prior to the expiration of the Account’s term in order to avoid being charged the next period's subscription fees.
Membership plans will automatically renew under the currently subscribed plan and, except where prohibited by applicable law, the Company will automatically renew the membership and all applicable transaction fees and/or surcharges for each registered pet shall be charged to the Member's Payment Method of record unless the Member notifies the Company by calling 1-855-4 PetPPO / (855) 473-8776 within the time frame specified with respect to their then current plan. A Member may change their plan for a covered pet at any time, however, there shall be no credit applied or refunds available for any unused portions of prior plans, and, an early termination of an Annual Plan Payable Monthly shall incur an early cancellation fee unless made within thirty (30) days of the normal expiration date. Members are encouraged to change their current plan within thirty (30) days of expiration in order to recognize the full value of paid memberships and upgrade or change without incurring the cancellations fee.
Where a Member has (1) paid for an annual membership via the Annual Plan or Monthly Plan, and (2) used the services of the Program but have not saved, on a per pet basis, the amount of Membership dues for such pet on their first veterinary visit, such Member may request, within 30 days of initial registration, and shall be entitled to receive, subject to providing the Company with requested evidence of costs and savings, the difference between the amounts paid toward that pet’s membership fee and the amount saved by the member for that pet. Where a Member requests and receives such a refund their account for that pet will be cancelled and they must surrender or destroy the relevant membership card upon request. A Member must call the Company at 1-855-4 PetPPO / (855) 473-8776 to request cancellation of his or her membership for said pet to request a refund. REFUNDS ARE ONLY AVAILABLE ON ANNUAL AND MONTHLY PLANS AND ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. THERE ARE NO REFUNDS ON 3-MONTH TRIAL PLANS OR ALTERNATIVE PLANS.
CONSENT TO TERMS
Participation in the Program constitutes each Member's full and unconditional agreement to these Terms and Conditions, as well as: (a) to any user agreements, terms and conditions, or other documents pertaining to the Company's Program and/or its websites, (b) any Member or other guides distributed by the Company, and (c) any other rules, guides, terms or policies designated by the Company from time-to-time pertaining to the Program (including the terms of Alternative Plans and any other promotional offers), all of which are deemed incorporated into these Terms and Conditions. Participation in the Program is contingent upon the Member's compliance with these Terms and Conditions. Members who do not comply with these Terms and Conditions may be prohibited from participating in the Program and may, in the sole discretion of the Company, be excluded from the right to a refund, where such right may exist.
USE OF INFORMATION
The Company will not be liable or responsible in any manner for any tax consequences which may result from a Member's participation in the Program. Each Member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such Member's participation in the Program.
CONDUCT OF MEMBERS
The Company reserves the right to discontinue the membership of any Member who, as determined in the sole discretion of the Company, (i) uses the Program for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances or (ii) acts (a) in an unfriendly manner, (b) with an intent to annoy, abuse, threaten, or harass the Company, its officers, directors, employees, agents, affiliates or Providers, or (c) in any other disruptive manner. Discontinued membership or participation may result in the loss of all benefits and privileges. A Member terminated in this manner shall not be entitled to a refund of their membership fee for any pet (except where required by applicable law), where applicable. In addition to discontinuance of Program membership or participation, the Company shall have the right to take appropriate administrative and legal action, including criminal prosecution, as it deems necessary in its sole discretion. No Member shall attempt, directly or indirectly, to undermine, disrupt, hinder, or interfere with the proper operation of the Program in any manner whatsoever. Membership and its privileges are for lawful purposes only. Any conduct by a Member that, in the sole discretion of the Company, restricts or inhibits any other Member from using or enjoying the Program will not be permitted. Members shall not use membership in the Program to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of competitors of the Program. The Company shall have the right, but not the obligation, to monitor a Member’s Program-related activities, including Company sponsored chat rooms and forums, attendance at Provider locations, or events sponsored by the Company, to determine compliance with these Terms and Conditions and any operating rules established by the Company and to satisfy any law, regulation or authorized governmental request. The Company shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on its website. Should a Member violate these or other valid restrictions the Company reserves the right, in addition to termination of privileges as set forth herein, to seek damages and other remedies from any such person to the fullest extent permitted by law. The Company's failure to enforce any of these Terms and Conditions shall not constitute a waiver of its rights, or any other, provision hereof. All questions or disputes regarding an individual's eligibility for the Program or a Member's compliance with these Terms and Conditions will be resolved by the Company in its sole discretion.
MODIFICATION AND TERMINATION OF THE PROGRAM
The Company may modify any of the terms and conditions governing the Program, including, but not limited to, Program eligibility requirements, application and enrollment procedures, applicable Member dues or charges per pet, applicable Member benefits or privileges, the identity of the Providers, these Terms and Conditions, and any other applicable rules, guides, terms, or policies pertaining to the Program (including, without limitation, the Program Guides), at any time, with or without notice (except where required by applicable law), even though these changes may affect a Member's status or other rights, benefits, or privileges under the Program. The Program has no predetermined termination date and may continue until such time as the Company decides to terminate the Program. The Company may terminate the Program at any time, with notice to the Member using his or her current contact information on file under his or her Account with the Company. A Member's continued participation in the Program constitutes that individual's acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable as to any changes that the Company may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Company's website pertaining to the Program and will supersede all previous versions of these Terms and Conditions.
DISCLAIMERS; LIMITATIONS; INDEMNIFICATION
MEMBERS EXPRESSLY ACKNOWLEDGE THAT THE PROGRAM AND ALL ASSOCIATED WEBSITES AND MATERIALS ARE PROVIDED "AS IS," WITH EACH MEMBER PARTICIPATING AT HIS OR HER OWN RISK, AND THE COMPANY EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND ASSOCIATES AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS, ANY OTHER WARRANTIES REGARDING THE PROGRAM, THE ADMINISTRATION OF THE PROGRAM BY THE COMPANY, THE INVOLVEMENT OF PROVIDERS, AND THE PARTICIPATION OR INABILITY TO PARTICIPATE OF MEMBERS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, NONINFRINGEMENT, OR ANY WARRANTIES IMPLIED BY TRADE USAGE OR COURSE OF PERFORMANCE. ALL MEMBERSHIP DUES ARE NON-REFUNDABLE UNLESS OTHERWISE SPECIFIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND OTHER PROVIDERS SPECIFICALLY DO NOT WARRANT OR REPRESENT THAT THE OPERATION OF OR ACCESS TO THE PROGRAM OR ANY ASSOCIATED WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ADEQUATE SECURITY MEASURES WILL BE IN PLACE TO PREVENT UNAUTHORIZED ACCESS TO INFORMATION OR OTHER TORTIOUS CONDUCT BY THIRD PARTIES, THAT PROGRAM ERRORS WILL BE CORRECTED, THAT PROGRAM INFORMATION IS CURRENT, RELIABLE OR ACCURATE, OR THAT ANY PARTICULAR PRIVILEGES OR BENEFITS GRANTED TO ANY MEMBER WILL BE DELIVERED OR HAVE ANY PARTICULAR VALUE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AUTHORIZED OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, INFORMATION SUBITTED BY MEMBERS TO THE WEBSITE OR INFORMATION AVAILABLE TO MEMBERS ON THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS, ERRORS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR ANY FAILURE OF E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A MEMBER'S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN THIS PROGRAM.
MEMBERS FURTHER ACKNOWLEDGE THAT THEIR PARTICIPATION IN THE PROGRAM MAY INVOLVE SERVICES PROVIDED BY A PROVIDER NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY SUCH SERVICE OR CARE OR ANY PROPERTY DAMAGE, PERSONAL INJURY (UP TO AND INCLUDING DEATH) TO PERSONS, PETS OR PROPERTY, OR ANY OTHER DAMAGE, COST OR EXPENSE THAT MAY BE INCURRED OR SUFFERED BY ANY SUCH MEMBER IN CONNECTION THEREWITH.
BY PARTICIPATING IN THE PROGRAM, EACH MEMBER ACCEPTS ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFIES AND HOLDS HARMLESS THE COMPANY, THE PROGRAM AND EACH OF THEIR RELATED COMPANIES AND AFFILIATES, AND EACH SUCH COMPANY'S RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS OR OTHER EQUITY INTEREST HOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (THE "RELEASED PARTIES"), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, PROPERTY INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY THAT MAY ARISE EITHER DIRECTLY OR INDIRECTLY FROM ACTIONS TAKEN BY SUCH MEMBER, SUCH MEMBER'S PARTICIPATION (OR INABILITY TO PARTICIPATE) IN THE PROGRAM IN ANY MANNER OR RECEIPT OR USE OF (OR LACK OF RECEIPT OF) ANY BENEFIT, OR PRIVILEGE PERTAINING THERETO, OR OTHERWISE ARISING FROM THE PROGRAM, FOR ANY ACTIONS OR OMISSIONS BY THE COMPANY, OR FOR ANY TORTIOUS ACTS BY ANY THIRD PARTY. MEMBERS ACKNOWLEDGE THAT THE COMPANY'S PROVISION OF THE PROGRAM UNDER THESE TERMS AND CONDITIONS, INCLUDING THE AMOUNT OF ANY DUES CHARGED, IS BASED ON THE EXPECTATION THAT THE RISK OF ANY LOSS, INJURY OR DAMAGE THAT MIGHT BE INCURRED IN CONNECTION WITH THE PROGRAM WILL BE BORNE BY THE MEMBERS THEMSELVES AND NOT BY THE COMPANY OR THE RELEASED PARTIES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE PROGRAM IN ANY MANNER, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. MEMBERS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE PROGRAM IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
IF, NOTWITHSTANDING THE ABOVE LIMITATIONS, MONETARY LIABILITY IS IMPOSED BY A COURT OF COMPETENT JURISDICTION ON THE COMPANY OR THE RELEASED PARTIES, MEMBERS AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY'S OR THE RELEASED PARTIES' LIABILITY TO A MEMBER OR ANY OTHER PARTY EXCEED THE AMOUNT PAID IN MEMBERSHIP DUES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
EACH LIMITATION OF DAMAGES, DISCLAIMER OF WARRANTIES, OR LIMITATION OF REMEDIES SET FORTH HEREIN IS SEVERABLE AND INDEPENDENT, AND SHALL BE ENFORCED INDEPENDENTLY OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, EACH MEMBER HEREBY EXPRESSLY AND SPECIFICALLY AGREES THAT, ALTHOUGH THE COMPANY IS AUTHORIZED TO MARKET THE SERVICES OF CERTAIN PROVIDERS IN CONNECTION WITH THE PROGRAM, PETPPO, INC IS A MARKETER ONLY, AND DOES NOT CONTROL THE PROVIDERS OR THE QUALITY OF THEIR SERVICE(S), DOES NOT INSURE OR GUARANTEE THE PROGRAM IN ANY CAPACITY OR RECOMMEND OR OTHERWISE QUALIFY ANY PROVIDERS, AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY ASPECT OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE COMPLIANCE OF THE PROGRAM'S TERMS AND CONDITIONS WITH APPLICABLE LAWS AND REGULATIONS. EACH MEMBER HEREBY AGREES TO RELEASE AND HOLD PETPPO, INC AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE PROGRAM, OR FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PROGRAM BENEFIT OR PRIVILEGE. UNDER NO CIRCUMSTANCES SHALL PETPPO, INC OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (1) YOUR PARTICIPATION IN THE PROGRAM, (2) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE ANY PROGRAM BENEFIT OR PRIVILEGE, OR (3) ANY FAILURE, DELAY, OR DECISION BY THE COMPANY IN ADMINISTERING THIS PROGRAM.
Except where prohibited by applicable law, by participating in the Program you allow the Company and their respective affiliated companies, if any, and any of their respective sponsors or co-promotional partners, to use your name, photograph, pet photographs, videos and/or any postings you may make on Company websites, for advertising or promotional purposes, including online announcements. For example, and not by way of limitation, photographs uploaded in connection with membership may be used to promote the Program or a Provider's services, products or benefits. You grant permission for any such use anywhere in the world and in any medium, without qualification or reservation of any rights and without the requirement of payment of any compensation to you or your family, except where prohibited by law.
Program materials and websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents thereof may be trademarked and/or copyrighted as a collective work under the United States copyright laws. Members may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Members may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law and other applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted or trademarks material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that Member does not acquire any ownership rights by downloading copyrighted material. Members shall not upload, post or otherwise make available on the Company's websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Member. A Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Company's website, a Member automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and/or trademark that may exist in such material. Each Member also permits any other Member to access, view, store, or reproduce the material for that Member's personal use. Each Member hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Company's website by such Member. The foregoing provisions are for the benefit of the Company and each of their respective subsidiaries, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
PetPPOTM and PetPPO.comTM, and each of their logos and/or slogans are trademarks or service marks of the PetPPO, Incorporated. All rights reserved. All other trademarks and service marks appearing on the Company's materials or website are the property of their respective owners.
MEMBER PROMOTIONS AND OFFERS
The Company may offer certain promotions (including, without limitation, member experiences and other promotional prizes, items and giveaways) to Program Members from time to time in the Company's sole and absolute discretion. Such offers shall be subject to the terms and conditions established by the Company with respect to such offers and any Program Members participating in any such offers agree to be bound by such terms and conditions. Program Members acknowledge that the Company may, subject to applicable law and the terms and conditions of the applicable promotional offer, allocate such member experiences and other promotional prizes, items and giveaways in its sole and absolute discretion (including, without limitation, by random drawing or contest, or on a first-come first-serve or seniority basis).
The Program is controlled and operated by the Company from its offices in Fort Bend County, Texas or in such other location as may be chosen by the Company. These Terms and Conditions and all other incorporated Program documentation shall be construed in accordance with Texas law, without regard to any conflict of law provisions, and shall constitute the complete and exclusive statement of the agreement of the parties with respect to the Program. Any dispute arising in connection with the Program or these Terms and Conditions shall be resolved exclusively by the state and federal courts located in Fort Bend County or Harris County, Texas, as determined by the Company. These Terms and Conditions are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by the Company in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by the Company must be embodied in a written document signed by the Company.