Terms of Service

WHAT THIS PRIVACY POLICY APPLIES TO:

This privacy policy applies to the websites, mobile and social media applications controlled by Pet Gotcha Day!TM (“Pet Gotcha Day!TM,” “we” or “us”) and offline interactions with us where this privacy policy is posted or referenced (collectively, the “Sites”). BY USING THE SITES OR PROVIDING INFORMATION TO US OFFLINE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES OR PROVIDE US WITH YOUR INFORMATION OFFLINE.

A. What Information Do We Collect From And About You?

We collect two types of information from visitors to the Sites: (1) Personally Identifiable Information; and (2) Non-Personally Identifiable Information.

(1) Personally Identifiable Information

“Personally Identifiable Information” is information that identifies You personally, such as Your name, address, telephone number, email address, or company name. Pet Gotcha Day!TM collects and stores the Personally Identifiable Information that You have provided to us. Here are some examples of manners in which we may collect Your Personally Identifiable Information on the Sites:

  • We may collect Your email address, first and last name and zip code if You sign up to use the Website or subscribe for an online newsletter.
  • We may collect Your email address if You contact us with a question.
  • We may collect Your email address, first and last name, address, phone number, and Your household information if You apply to adopt a pet via our site.

The above list provides an example of the Personally Identifiable Information that may be collected on the Sites. If You do not want Pet Gotcha Day!TM to collect Your Personally Identifiable Information, please do not provide it to us.

(2) Non-Personally Identifiable Information

“Non-Personally Identifiable Information” can be technical information or it can be demographic information, such as Your age, gender or interests. Non-Personally Identifiable Information does NOT identify You personally. Here are some examples of the Non-Personally Identifiable Information that is collected via the Sites and a description of how this information is used:

  • Internet Protocol (IP) address – Your IP address is a number that lets computers attached to the Internet know where to send You data – such as the webpages You view. We use this information to deliver our webpages to You upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites.
  • Demographic Information – “Demographic Information” may be Your gender, age, zip code and interests, which You voluntarily provide to us on the Sites. We use this information to provide You with personalized services and to analyze trends to ensure the information provided by the Sites meets Your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be Non-Personally Identifiable Information.

We collect Non-Personally Identifiable Information from all visitors to our Sites. If You do not want Pet Gotcha Day!TM to have access to this information, please do not visit our Sites.

B. Tools We Use

We use tracking tools such as cookies, web beacons and other technologies to serve You with interest-based advertising and to better understand Your behaviors and browsing activities. We might permit third parties, including third party advertisers, to gather information passively on our Websites, including for behavioral advertising purposes. We collect personal information about users over time and across different Web sites when You use this Website or service. We also have third parties that collect personal information this way. You can opt-out of online behavioral advertising by going to www.aboutads.info/choices.

You can control cookies and tracking tools. Your browser may give You the ability to control cookies. How You do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. If You block cookies on Your browser, certain features on our Sites may not work. If You block or delete cookies, not all of the tracking that we have described in this policy will stop. Some browsers have a “Do Not Track” feature that lets You tell websites that You do not want to have Your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

  • Cookie – A “cookie” is a small text file that may be used to collect information about Your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Sites previously. Please check Your browser to determine where these types of cookies are stored and how they may be deleted. Some of the cookies we use may be flash cookies or Adobe cookies and depending on Your browser these cookies may not normally be deleted when Your cookies are deleted.
  • Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) – “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.

You can control tools on Your mobile devices. For example, You can turn off the GPS locator or push notifications on Your phone for some of our mobile apps that might have such notifications.

C. How We Use Information Collected Via the Sites

(1) Personally Identifiable Information. We use Your Personally Identifiable Information that is collected on these Sites primarily for the following purposes:

  • To deliver services, such as adoption applications, educational programs, information, newsletters or software You request or purchase
  • To alert You to special offers, updated information and other new services from Pet Gotcha Day!TM, or other third parties, or to forward promotional materials.
  • To complete a transaction or service requested by You.
  • To fulfill the terms of a promotion.
  • To ensure the Sites are relevant to Your needs.
  • To help us create and publish content most relevant to You.
  • To notify You about a material change to this Privacy Policy, if necessary.
  • To allow You access to limited-entry areas of the Sites.
  • To contact You in response to sign up forms such as Contact Us or Order Inquiry.

(2) Non-Personally Identifiable Information

Non-Personally Identifiable Information is used as described above and in other ways as permitted by applicable laws.

C. Sharing and Disclosure of Information

(1) Personally Identifiable Information

We may share or disclose Your Personally Identifiable Information in the following instances:

(i) To fulfill a service to You. For example, if You choose to watch an educational program on the Sites, we may share Your Personally Identifiable Information in order to provide the program to You. In addition, if You email us a question, we may use Your email address to process Your request and respond to Your question. Also, if You are entering a sweepstakes or contest, we may use Your Personally Identifiable Information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share Your information with the co-sponsor of that promotion.

(ii) To subsidiaries, affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to You or who require Your Personally Identifiable Information for research, administrative and/or internal business purposes. These parties may use Your Personally Identifiable Information to contact You with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If You do not want us to share Your Personally Identifiable Information in this manner, please do not provide us with this information.

(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on Pet Gotcha Day!TM’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the Personally Identifiable Information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ Personally Identifiable Information, if You do not wish for our unaffiliated third-party service providers to have access to Your information, please do not register or submit any Personally Identifiable Information to us.

(iv) To complete Your purchase. If You choose to make a purchase on the Sites, we may collect from You Your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill Your purchase. We may also provide such information, or other Personally Identifiable Information provided by You, to unaffiliated third parties as necessary to complete Your purchase (for example, to process Your credit card).

(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Pet Gotcha Day!TM and its family of Sites or act in urgent circumstances to protect the personal safety of our end users.

(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

(viii) To protect against potential fraud, we may verify with third parties the information collected from these Sites. In the course of such verification, we may receive Personally Identifiable Information about You from such services. In particular, if You use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that Your card information and address matches the information that You supplied to us, and that the card has not been reported as lost or stolen.

(2) Non-Personally Identifiable Information

We use Non-Personally Identifiable Information collected on the Sites in the manner disclosed above, in the Section A (2). We may share this Non-Personally Identifiable Information with third parties.

D. International Transfer of Information

If You choose to provide us with Personally Identifiable Information, Pet Gotcha Day!TM may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from Your country or jurisdiction to other countries or jurisdictions around the world. If You are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that You are transferring Your Personally Identifiable Information to the United States which does not have the same data protection laws as the EU and by providing Your Personally Identifiable Information You consent to:

  • the use of Your Personally Identifiable Information for the uses identified above in accordance with this privacy policy.
  • The transfer of Your Personally Identifiable Information to the United States as indicated above.

E. Personally Identifiable Information Collected Offline

If You have provided us with personal information offline (such as at a pet adoption event, or entry into an in-person sweepstakes, for example) and this privacy policy is referenced at the information collection point, we will use Your personal information in the same manner and for the same purposes set forth herein as if You supplied it online.

F. How to Opt-Out and Edit Information

We provide You the opportunity to exercise an opt-out choice if You do not want to receive promotional communications from us, such as emails or updates from us regarding new services and products offered on this Site or if You do not want us to share Your Personally Identifiable Information with third parties.

To stop receiving our promotional emails, follow the instructions in any promotional message You get from us or contact leaderofthepack@petgotchaday.com. Even if You opt out of getting marketing messages, we will still send You transactional messages. These include responses to Your questions or information about Your account or purchases. If You would prefer that we do not share Your information with third parties, please contact leaderofthepack@petgotchaday.com.

You can edit information we maintain. To update or correct information we have about You, please contact leaderofthepack@petgotchaday.com. Some of our sites may also let You modify Your account profile.

G. Forums, Chat Rooms and Other Public Posting Areas

Please note that any information You include in a message You post to any chat room, forum or other public posting area is available to anyone with Internet access. If You don’t want people to know Your e-mail address, for example, don’t include it in any message You post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS (E.G., BLOGS OR COMMENTS SECTIONS). WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

H. Third Party Web Sites

This statement applies solely to Personally Identifiable Information collected on the Sites. The Sites may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.

I. Third Party Advertisers

We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Sites. Please be advised that such advertising companies may gather information about Your visit to the Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to You, to monitor which ads have been served to Your browser and which webpages You were viewing when such ads were delivered. If You would like more information about this practice and to know Your choices please click here [You should have a link like this to opt out]. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

J. Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, You grant us the right to assign the Personally Identifiable Information and Non-Personally Identifiable Information collected via the Sites.

K. Changes to this Privacy Policy

We reserve the right to change this privacy policy from time to time. When we do, we will also revise the “last update” date at the bottom of this privacy policy. For changes to this privacy policy that may be materially less restrictive on our use or disclosure of Personal Identifiable Information and Non-Personally Identifiable Information You have provided to us, we will attempt to obtain Your consent before implementing the change by sending a notice to the primary email address specified in Your account or by placing a prominent notice on the Sites.

We will also notify parents if we change the kinds of information that we collect from kids and materially alter our practices of sharing and using this information. We will not collect, use or share the information without parental consent.

L. Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information You transmit to us and You understand that any information that You transfer to Pet Gotcha Day!TM is done at Your own risk. We make reasonable efforts to ensure security on our systems.

M. THESE SITES AND CHILDREN; AGE SCREENING

Some parts of the Sites will have an age-screening mechanism to prevent kids from registering. We won’t knowingly allow anyone under the age of thirteen to register with any of our Sites, or to access those features that require registration. If You are a parent or legal guardian and think Your child has given us information, You can email us or write to us at the address listed below. Please mark Your inquiries “COPPA Information Request”.

If we become aware that we have inadvertently received Personally Identifiable Information from a user under the age of thirteen, we will delete the information from our records as soon as practicable after we discover it.

N. Contacting Pet Gotcha Day!TM

If You have any questions about this policy, please contact us at packcontact@petgotchaday.com. You can also write to us c/o 1871: Pet Gotcha Day!TM, 222 Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654. All information You provide in any written communication will also be covered by this Privacy Policy

O. YOUR CALIFORNIA PRIVACY RIGHTS

If You are a California resident, You may have the right to request and receive certain information about our disclosure of Your Personally Identifiable Information to third parties for their own marketing use, and Your choices with respect to such disclosures. Because we do not share Your Personally Identifiable Information with third parties for their own marketing use unless You are first given the opportunity to opt-in or out, we are exempt from having to meet this requirement. If You still wish to learn more about our compliance with this requirement, You may contact packcontact@petgotchaday.com.

SHELTER MEMBER TERMS OF SERVICE

Thank you for visiting this website (the “Site” or “Website”). Please read the Terms of Use contained in this document carefully since any use of this site constitutes your acceptance of the Terms of Use set out herein. If you do not agree to these terms of use, please do not use this Website.

Throughout this site, the terms “we”, “us”, “our”, and “Pet Gotcha Day!TM” refer to Pet Gotcha Day!TM, an assumed name of V-Arf!, LLC, an Illinois limited liability company. “You”, “your”, “shelter”, and “member” refers to any animal shelter, rescue, organization and/or person accessing and/or using this Website to list adoptable pets.

Please Note: These terms of use may be revised by Pet Gotcha Day!TM by updating this posting – Please read them carefully.

SHELTER MEMBER TERMS

Pet Gotcha Day!TM is a free service for animal shelters, rescue organizations and other agencies involved in rehoming and caring for adoptable pets. One of Pet Gotcha Day!TM’s missions is to end the euthanasia of adoptable pets by providing an interactive platform to help find homes for adoptable pets. Pet Gotcha Day!TM offers web site publishing capability to enable subscribers to become part of the online community. Pet Gotcha Day!TM regards such sites as part of the Pet Gotcha Day!TM service and will enforce its community guidelines for member-created web pages.

Pet Gotcha Day!TM considers all areas of Pet Gotcha Day!TM, including email folders, as “public”.  As such, any file, program, or material placed in these areas, including, but not limited to, web pages, pictures, videos, documents, sound files, message boards, chat rooms, scripts, etc. are accessible to Pet Gotcha Day!TM and associates. By submitting content in these public areas, You grant to Pet Gotcha Day!TM the absolute right to use, reproduce, modify, distribute, etc. the content in any part, anywhere.

The following requirements must be maintained for all Pet Gotcha Day!TM member accounts, including but not limited to homepages and pet lists:

  1. The Shelter Code of Conduct (below) for members must be followed.
  2. The member’s Pet Gotcha Day!TM pet list must be kept up to date.
  3. 501(c)(3) non-profit status is not required for membership with Pet Gotcha Day!TM.  However, members must be legitimately operating as an animal shelter, rescue or adoption organization (large or small), and post Your adoptable pets in a not-for-profit manner. Adoption fees should reflect the spirit of shelter pet adoption and are not expected to cover the financial investment a group has placed in a pet. Breeding animals specifically for the for-profit pet trade, encouraging the public to buy pets for breeding, auctioning or selling pets for profit is prohibited. Pet Gotcha Day!TM reserves the exclusive right to refuse, modify or cancel membership to any organization at its sole discretion.
  4. Member home pages cannot auto-forward to a page/site outside of Pet Gotcha Day!TM and must contain a link to the associated Pet List. The page must contain enough information that a potential adopter can learn about the member, the member’s adoption policies/fees/steps, etc., and be able to contact the member, without leaving the member’s Pet Gotcha Day!TM home page.  Any links to pages outside Pet Gotcha Day!TM must be below the organization header, name and pet list links and should open in a new browser window. Auto pop-up windows to other pages/sites and/or auto-downloading software (such as but not limited to hotbar, comet cursor, etc.) are not allowed.
  5. Member-created web pages and content shall not promote or advertise any competitor of Pet Gotcha Day!TM and/or any Pet Gotcha Day!TM sponsor. What constitutes a competitor and a sponsor will be determined at the sole discretion of Pet Gotcha Day!TM.
  6. No advertising or links to pages outside Pet Gotcha Day!TM are allowed on Pet Profile pages in any fashion unless permitted by Pet Gotcha Day!TM in its sole discretion.
  7. HTML should not be used in the Animal Description area of Pet Profile pages. Because we may share Your pets on other web sites that do not support HTML, the code itself may appear, making Your profiles difficult to read.
  8. Pet Gotcha Day!TM sends a monthly emailed newsletter to our members. We also may share other opportunities and benefits related to animal welfare with our members.  By accepting membership with Pet Gotcha Day!TM, You agree to receive these messages. Please note that any additional contact people You list in Your Pet Gotcha Day!TM account will also receive our mailings. For additional information regarding these messages, please see our PRIVACY POLICY.
  9. Eligibility for membership with Pet Gotcha Day!TM is determined at the sole discretion of Pet Gotcha Day!TM.
  10. Members may be removed from Pet Gotcha Day!TM at our sole discretion. Grounds for removal may include, but are not limited to: violation of the [See CODE OF CONDUCT], [See TERMS OF USE], OR [See TERMS AND CONDITIONS]; fraud; overtly dishonest posting; conviction for animal cruelty, neglect or any animal-related crimes; pending legal action involving the seizure of pets or other serious animal-related crimes; convictions for other crimes that include a prohibition on posting on family sites or the internet; violating the terms of Your adoption contract with Pet Gotcha Day!TM visitors; failure to respond to direct inquiries from Pet Gotcha Day!TM via the contact information You have provided us; failure to modify any violations of the Terms of Use and Code of Conduct.
  11. These [See TERMS OF USE], the [See SHELTER CODE OF CONDUCT], and/or [See TERMS AND CONDITIONS] may be revised and updated at any time. The most updated version will be found at each respective page.  
  12. SHELTER CODE OF CONDUCT

    • Each Pet Gotcha Day!TM member plays an integral role in the mission of increasing pet adoption and decreasing euthanasia. Maintaining a good reputation for pet adoption and a public trust in Pet Gotcha Day!TM is a responsibility we all carry to help all pets find loving homes. We ask that each Pet Gotcha Day!TM member adheres to a basic Code of Conduct, ensuring pet adoption is a positive and rewarding experience for Pet Gotcha Day!TM visitors and adopters and to promote a community experience within our membership.
    • Being a Pet Gotcha Day!TM member means that You agree to the following Code of Conduct:  To actively maintain a listing of Your organization’s adoptable pets on Pet Gotcha Day!TM.
    • To only post adoptable pets once and only those directly from Your organization in the location where they are currently being fostered or sheltered.
    • To give truthful information about the pets’ description, to the best of You knowledge and to remove pets no longer adoptable from the shelters adoptable pet list.
    • To post only adoptable pets, not pets or items for sale, pets for breeding purposes, pets not allowed by law or the promotion of commercial products or services.
    • To operate in a not-for-profit manner, even if You do not have official non-profit status.  To maintain a basic home page on Pet Gotcha Day!TM, giving visitors more information about Your shelter or organization and what You do
    • To reply to questions from the public in a timely and respectful manner, without requiring an upfront fee or application process.
    • To reply to questions from the Pet Gotcha Day!TM staff in a timely and respectful manner.
    • To modify any pet profiles or home page content that violates this Code of Conduct within the timeframe requested by Pet Gotcha Day!TM staff.
    • Not to post disparaging information on Pet Gotcha Day!TM, about other organizations (including other Shelter Members) or individuals. Because Pet Gotcha Day!TM is a family web site, content must be suitable to be viewed by visitors of all ages. Profanity and slander are prohibited.
    • You warrant that You, and any users associated with Your Pet Gotcha Day!TM account, do not have any animal welfare related citations, violations or crimes or other convictions that prohibit You from using the internet or social media sites.
    • You agree that deviation from the Code of Conduct or Terms and Conditions may be grounds for my organization’s removal from Pet Gotcha Day!TM.

GENERAL TERMS AND CONDITIONS

In addition to the above, You are subject to and agree to our general website [See TERMS AND CONDITIONS].

This page contains our site policies for the following:

GENERAL TERMS AND CONDITIONS

COPYRIGHT INFRINGEMENT NOTIFICATION

USER GENERATED CONTENT TERMS AND CONDITIONS

LINKING POLICY

SHELTER MEMBER- ADDITIONAL TERMS AND CODE OF CONDUCT

1. Introduction

Thank you for visiting this website (the “Site” or the “Website”). Please read these General Terms and Conditions contained on this page carefully since any use of this Site constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, please do not use this Website

Throughout this Site, the terms “we”, “us”, “our”, “Pet Gotcha Day!TM” refer to Pet Gotcha Day!TM, an assumed name of V-Arf!, LLC, an Illinois limited liability company. “You” or “your” refers to any person or company accessing and/or using this website.

Please Note: These General Terms and Conditions may be revised by Pet Gotcha Day!TM at any time and for any reason by updating this posting. Please read them carefully.

2. Privacy Notice

Any personal information or material sent to or shared on this Website are subject to the terms and conditions set out in Pet Gotcha Day!TM’s Privacy Policy. We encourage You to read and refer to it before You submit any personal information to or sharing any information on this Website. Pet Gotcha Day!TMs Privacy Policy is a part of these General Terms and Conditions as if fully restated here.

3. Accuracy, completeness and timeliness of information

We are not responsible for any information that we make available on this Website that is not accurate, complete or timely. Your reliance on any information and material on this Website is at Your own risk, which You assume without regard. You agree that it is Your responsibility to monitor any changes to the material and the information contained on this website.

4. Submissions to this Site Any non-personal communication or material You submit to this Website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (collectively, the “Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything You submit or post becomes the property of Pet Gotcha Day!TM and Pet Gotcha Day!TM may use and reproduce such Submission freely, and for any purpose. Specifically, Pet Gotcha Day!TM is free to use for any purposes whatsoever any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission You send to this website. The use of Submissions is without compensation to the party submitting information. By making a Submission to Pet Gotcha Day!TM, You warrant that You own the material/content submitted, that it is not defamatory, and that Pet Gotcha Day!TM’s or any of its affliates’ use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. Pet Gotcha Day!TM is under no obligation to use the Submission or even acknowledge that it was received.

5. Intellectual Property Rights

All copyright, trademarks and other intellectual property rights in all text, images and other materials on this Website are the property of Pet Gotcha Day!TM or are included with the permission of the relevant owner.

You are permitted to browse this Website and reproduce extracts by any manner permitted by law (including but not limited to printing, downloading or distributing to other individuals); provided, however, You keep intact all copyright and other proprietary notices and that the trademark notice below appears on such reproductions. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

® Reg. Trademark of V-Arf!, LLC, an Illinois limited liability corporation. All rights reserved.

The trademarks, logos, characters and service marks (individually a “Trademark” and collectively the “Trademarks”) displayed on this Website belong to V-Arf!, LLC. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that Pet Gotcha Day!TM will vigorously enforce its intellectual property rights to the fullest extent of the law.

Your use of this Website constitutes Your agreement to pay any and all attorneys’ fees and costs incurred by V-Arf!, LLC to protect and preserve any Intellectual Property Rights, including but not limited to any and all relief permitted by law or in equity.

6. Links to Other Websites

Links on the Website may take You outside the Pet Gotcha Day!TM network and systems and Pet Gotcha Day!TM accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided as a courtesy in good faith and Pet Gotcha Day!TM cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Pet Gotcha Day!TM. We highly recommend that You make yourself aware of and carefully read the legal and privacy notices of all other websites that You visit.

7. Warranties and Disclaimers

Your use of this Website is at Your own and exclusive risk. You assume all the risk associated with Your use of this Website and agree, by Your use of this Website, to hold Pet Gotcha Day!TM, its affiliates and agents harmless for Your use of and/or Your reliance on information and materials contained in this Website.

Warranties

THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, CONSEQUENTLY, Pet Gotcha Day!TM MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, (3) ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED (DUE TO INTER ALIA SYSTEM MAINTENANCE OR UPDATE) OR ERROR-FREE OR FREE FROM VIRUSES, (4) THIS WEBSITE WILL BE SECURE, (5) ANY ADVICE OR OPINION OBTAINED FROM Pet Gotcha Day!TM THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON, AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.

Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to You. Please check Your local laws.

We reserve the right to restrict, suspend or terminate without notice Your access to this Website or any feature of this Website or any feature or part thereof at any time.

8. Limitation of Liability

Pet Gotcha Day!TM and/or any other party involved in the creating, producing, delivering, maintaining, and hosting this Website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of Your access to, use, inability to use, change in content of this Website or arising from any other website You access through a link from this Website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages You send us.

Pet Gotcha Day!TM shall have no responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection therewith. Any material on this Website is subject to change without notice.

Further, Pet Gotcha Day!TM shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect Your computer equipment or other property by reason of Your use of, access to or downloading of any material from this website. If You choose to download material from this Website, You do so at Your own risk.

Although Pet Gotcha Day!TM may from time to time monitor or review discussions, chats, postings, blogs, comments, transmissions, bulletin boards, and the like on the Site, Pet Gotcha Day!TM is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.

To the maximum extent permitted by applicable law, You expressly waive all claims against Pet Gotcha Day!TM, its members, managers, independent contractors, employees, suppliers, programmers, developers and Website host that may arise from Your use or access of this Website.

9. Prohibited Activities

You are prohibited from doing any act that Pet Gotcha Day!TM in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this Website including but not limited to:

  • Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals.
  • Using this Website to defame or libel Pet Gotcha Day!TM, its members, managers, employees, independent contractors or other individuals or acting in such a way that brings into disrepute the good name of Pet Gotcha Day!TM.
  • Uploading files that contain viruses that may cause damage to the property of Pet Gotcha Day!TM or the property of other individuals.

Posting or transmitting to this Website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Pet Gotcha Day!TM’s or any third party’s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane or is otherwise unlawful.

10. Export Restrictions

Software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Mobile Services

If Pet Gotcha Day!TM permits or makes available to You the ability to: (a) upload content to the Website via Your mobile telephone and/or tablet (a “Mobile Device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from Your Mobile Device, or (d) to access features through a mobile application You have downloaded and installed on Your Mobile Device (collectively “Mobile Services”), Your mobile carrier’s standard data, Internet, messaging and other service fees and charges apply to Your use of, and access to, the Mobile Services, and You are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Pet Gotcha Day!TM does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that Your Mobile Device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to Your Mobile Device through premium Mobile Services and acknowledge that You are solely and exclusively responsible for any charges for such services, including but not limited to any data charges and roaming charges.

You may be given the option to register to receive commercial messages from Pet Gotcha Day!TM via Your Mobile Device. You understand that You may be charged by Your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages, or (ii) on the Website where You registered to receive such messages.

12. Jurisdiction and governing law

This Website is located in and operated from the United States of America. Your use and access to this Website will be governed by the laws of the United States. For information regarding how we treat data collection and the transfer of personally identifiable information from countries or jurisdictions outside the United States of America, please review our [See PRIVACY POLICY].

You and Pet Gotcha Day!TM agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Illinois, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of Cook County, State of Illinois, United States of America.

13. Legal notice update

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.


COPYRIGHT INFRINGEMENT NOTIFICATION

Pet Gotcha Day!TM is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Pet Gotcha Day!TM Gotcha Day™ will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:

By Mail:

Pet Gotcha Day!TM DMCA Notifications

c/o 1871: Pet Gotcha Day!TM
222 Merchandise Mart Plaza
Suite 1212
Chicago, IL 60654

By Email:

packcontact@petgotchaday.com

For Your complaint to be valid under the DMCA, You must provide all of the following information when providing notice of the claimed copyright infringement

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Pet Gotcha Day!TM to locate the material;

4. Information reasonably sufficient to permit Pet Gotcha Day!TM to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;

5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, which may include court costs and attorneys’ fees.


USER GENERATED CONTENT TERMS AND CONDITIONS

Pet Gotcha Day!TM owns and/or operates various websites that permit users (hereinafter “Members” or “Users”) to submit or publish content (“User-Generated Websites”). Such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards. By registering or using any User-Generated Websites, You accept and agree to the following Terms and conditions for User-Generated Content.

Eligibility and registration

As part of the registration process, You will be asked to select a username and password and You will be responsible for all activities occurring under Your username and for keeping Your password secure. We may refuse to grant You a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of Your username, password, and account.

Appropriate conduct and content; personal use only User-Generated Websites are made available for Your personal, non-commercial use only. User-Generated Websites may not be used for any commercial or promotional purpos

By acceptance of these User-Generated Websites Terms and Conditions, You agree that any information You provide about Yourself is accurate and complete information at the time provided. In particular, You represent that You are 13 years of age or older. In addition, You agree to update any information provided to User-Generated Websites to keep it accurate and complete. If You become a member of a User-Generated Website, Your failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for suspension or termination of Your membership.

You may not use User-Generated Websites for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Your country of residence. You are solely responsible for Your conduct and any data, text, information, photos, links and other content (“Materials”) that You submit, post, and display on User-Generated Websites.

We may without notice to You, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these User-Generated Websites Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any User-Generated Website community to be inappropriate without providing You notice

Children’s privacy

We are committed to protecting the privacy of children. The User-Generated Websites are is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 13.

Examples of illegal or unauthorized uses include, but are not limited to:

Modifying, adapting, translating, or reverse engineering any portion of the User-Generated Websites; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of User-Generated Websites; collecting any information about other Members (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of User-Generated Websites; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by User-Generated Websites; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of Your or your pet’s profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.

While Pet Gotcha Day!TM prohibits such conduct and content on its User-Generated Websites, You understand and agree that You nonetheless may be exposed to such Materials and that You use User-Generated Websites at Your own risk.

Changes to Terms and Conditions for User-Generated Content

We reserve the right to modify or terminate any User-Generated Website or service therein for any reason, and without notice, without liability to You, any other Member, or any third party. We also reserve the right to modify these Terms and Conditions for User-Generated Content from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions for User-Generated Content so that You will be apprised of any changes.

License to Use Materials

By submitting, posting, or displaying any Materials on or through User-Generated Websites, You automatically grant Pet Gotcha Day!TM a worldwide, non-exclusive, royalty-free, irrevocable license to publicly display or re-display such Materials on the User-Generated Websites website and in all other forms of media (including, without limitation, e-mail blasts and mobile or text messages or applications) that are used by Pet Gotcha Day!TM or its agents in connection with the promotion, marketing, use, or expansion of any User-Generated Websites.

You represent to Pet Gotcha Day!TM that You own all Materials You provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Materials You provide. You further represent to Pet Gotcha Day!TM that such materials do not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify Pet Gotcha Day!TM for any and all loses resulting from the invalidity or inaccuracy of such representation.

Except as expressly authorized by User-Generated Websites, You may not copy, modify, publish, transmit, distribute, perform, display or sell any of Pet Gotcha Day!TM’s proprietary information, which includes the sum of all postings and photos to the site.

Please do not send to any User-Generated Website or post on any User-Generated Website forum anything that constitutes a trade secret, confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that You, or individuals acting on Your behalf, provide to any User-Generated Website will not be considered confidential or proprietary.

User-Generated Websites includes information and content generated from a wide variety of sources, including board certified veterinarians, trainers, and other professional service providers, as well as, other Users. Users should understand that User-Generated Websites is a place to review and share information — but the information has not been verified for accuracy and does not represent the opinions or positions of Pet Gotcha Day!TM. Pet Gotcha Day!TM cannot guarantee the timeliness, accuracy, efficacy, or veracity of any information provided at User-Generated Websites, nor the efficiency or applicability of any advice, opinions or content as they may be interpreted and applied to Your pet. Pet Gotcha Day!TM’s personnel are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on User-Generated Websites, or for any results obtained from the use of such information or advice. Pet Gotcha Day!TM and its personnel will not be liable for any loss or damage suffered by a User through the User’s reliance on information, content and advice appearing on our website.

USER-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND

Standard Terms and Conditions for Pet Gotcha Day!TM Sites

In addition to these User-Generated Websites Terms and Conditions, You agree to be bound by Pet Gotcha Day!TM’s standard Terms and Conditions for its websites, as the same may be modified and updated from time to time, with respect to Your use of User-Generated Websites.

LINKING POLICY

Pet Gotcha Day!TM grants a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in Pet Gotcha Day!TM domain names, brand names and logos to the owner(s) of any web sites (“Owner”) that would like to develop a link between their site and the corresponding web site owned by Pet Gotcha Day!TM (“Pet Gotcha Day!TM Sites”). The materials on Owner’s site shall not imply any association with or relation to Pet Gotcha Day!TM or imply in any way that any materials from Pet Gotcha Day!TM Sites are maintained within Owner’s web site.

No changes or modifications to the Pet Gotcha Day!TM domain names, brand names or logos may be made. Use of the Pet Gotcha Day!TM domain names, brand names or logos for purposes other than linking to Pet Gotcha Day!TM Sites is expressly forbidden. The domain names, brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Pet Gotcha Day!TM and its products. Pet Gotcha Day!TM retains and reserves all rights in and to Pet Gotcha Day!TM’s trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Pet Gotcha Day!TM reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names or logos must cease and the link between the web sites must terminate. Use of Pet Gotcha Day!TM trademarks, trade names, logos, copyrighted material or any other intellectual property of Pet Gotcha Day!TM for any purpose not stated herein is expressly forbidden.

All materials are provided “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the foregoing exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Pet Gotcha Day!TM shall not be responsible for any loss, damage, liability or expense that may accompany or result from Your use of links, domain names, brand names or logos, including but not limited to any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. The granting of this Permission does not indicate nor should it be construed in any way to represent an endorsement by Pet Gotcha Day!TM of any materials on a web site containing a Pet Gotcha Day!TM domain name, brand name or logo or any other Pet Gotcha Day!TM intellectual property.

Pet Gotcha Day!TM controls and operates its web sites from Chicago, Illinois, in the United States of America. Pet Gotcha Day!TM in no way implies that the domain names, brand names or logos are appropriate or available for use outside of the United States. If You use our materials from locations outside of the United States, You are responsible for compliance with any applicable laws.

Pet Gotcha Day!TM may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Linking Policy to which You are bound.

The display of Pet Gotcha Day!TM domain names, brand names and logos on the web site indicates the agreement by the web site Owner to the foregoing terms and conditions.

SHELTER MEMBER – ADDITIONAL TERMS AND CODE OF CONDUCT

If You are a shelter, rescue or other Pet Gotcha Day!TM member organization with a Pet Gotcha Day!TM account, please [See SHELTER T.O.S.] for additional Terms of Use.