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THESE TERMS GOVERN YOUR USE OF THIS SITE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you agree to be bound by these terms and conditions. We reserve the right, in our sole and absolute discretion, to change these terms and conditions at any time. You must check these terms and conditions periodically for changes. Your continued use of MeowMix.com following the posting of any changes to these terms and conditions will act as your complete acceptance of those changes. Restrictions on Use of Materials This site is owned and operated by The Meow Mix Company ("TMMC"). No material from MeowMix.com may be copied, reproduced, republished, uploaded, posted, transmitted, performed, displayed or distributed in any way, except that you may view one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Any other use of such materials is strictly prohibited. You will not upload any of the materials onto another site or make them accessible through any network environment including, but not limited to, the Internet or centralized or peer to peer file sharing services. You will not use any trademarks, service marks, or trade names or other intellectual property appearing on the site in any manner without the express prior written consent of TMMC. Other than in the "Linking to MeowMix.com" section below, nothing contained on the site or in these terms and conditions grants or will be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, service marks or trade names or other intellectual property displayed on the site without the express prior written consent of TMMC, or the owner of the respective rights, if not TMMC. Images of people, animals or places displayed on the site are either the property of, or used with permission by, TMMC. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate applicable law including, without limitation, copyright laws, trademark laws and the laws of privacy and publicity. You should note that TMMC and its licensors aggressively enforce their intellectual property rights and, as such, you must adhere to these terms and conditions. If you have a question regarding your use of the site, or if you are interested in licensing content from TMMC, please feel free to contact us using the information provided at the end of these terms and conditions. Important Note About Pets and Information on this Site This site may contain materials relating to various medical, health and fitness conditions of pets and their treatment. These materials are for informational purposes only and are not meant to be a substitute for the advice provided by your own veterinarian or other medical professional. You should not use the information contained herein for diagnosing a pet's health or fitness problem or disease, or in devising a treatment regimen. Again, you should always consult your own veterinarian and medical advisors. Submissions Any suggestions, ideas, notes, drawings, concepts, or other materials or information (collectively, the "Submissions") submitted by you to TMMC shall become the sole property of TMMC and you have all rights thereto. No Submission shall be subject to any obligation of confidence on the part of TMMC, and TMMC and its affiliates shall not be liable for any use or disclosure of any Submissions in any manner it chooses. You hereby assign to TMMC, and TMMC shall exclusively own, all right, title and interest in and to the Submissions and TMMC shall be entitled to unrestricted use of all Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you. You warrant that you have the right to grant the foregoing assignment, and that the Submissions do not infringe on the rights of any third party. In addition, you warrant that all "moral rights" in those Submissions have been waived. Notwithstanding the foregoing, you shall not submit or upload to, distribute through, or otherwise publish through MeowMix.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage any criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Although TMMC reserves the right to monitor or review the site and content posted by its users on such site, it does not assume the obligation or responsibility to do so or from its doing so. You agree and acknowledge that TMMC will fully cooperate with any law enforcement authorities or court order requesting or directing TMMC to disclose the identity of anyone posting or distributing such materials, or the identity of anyone otherwise violating these terms and conditions. Disclaimers THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TMMC DOES NOT WARRANT THAT ACCESS TO OR THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TMMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE, OR ANY OTHER WEB SITES OR INTERNET SERVICES ACCESSIBLE FROM MEOWMIX.COM INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS RELATING TO THEIR ACCURACY OR RELIABILITY. Limitation of Liability You agree and acknowledge that you are using the site at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TMMC OR ITS PARENT, OR AFFILIATES (AND/OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS AND/OR REPRESENTATIVES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR THE SITE ITSELF, EVEN IF TMMC OR A TMMC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TMMC'S OR ITS PARENT OR AFFILIATES' (AND/OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS AND/OR REPRESENTATIVES) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation of certain types of liability and damages and, as a result, some of the above exclusions and limitations may not apply to you. Other Restrictions Software from this site may be further subject to United States export laws, rules and regulations, as amended from time to time. No materials 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 materials on this site, 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. Indemnity You agree to indemnify, defend and hold TMMC, its parent, affiliates and licensors, and all of their respective shareholders, directors, officers, managers, employees, agents and/or representatives harmless, from any against any claims, liability, damages, losses, fires, litigation, judgments, costs and expenses (including reasonable attorneys' fees and court costs) arising out of or relating, directly or indirectly, to your breach of these terms and conditions or use of the site. Linking to MeowMix.com TMMC grants a nonexclusive, limited license ("License") to the owners of any web sites who place a text link containing our domain name or a link containing the graphic banner below on their site ("Licensee") to use our trademark(s) contained in our domain name and the graphic banner below to develop a link between their site and http://www.meowmix.com. Links to http://www.meowmix.com other than a text link containing our domain name or a link containing the graphic banner below are forbidden. The materials on Licensee's site shall not imply any association with or relation to TMMC or imply in any way that any materials from http://www.meowmix.com are maintained within Licensee's web site. No changes or modifications to TMMC’s domain name or graphic banner may be made. Use of the domain name or graphic banner for purposes other than linking to http://www.meowmix.com is expressly forbidden. The domain name and graphic banner must not be used or associated with any obscene, scandalous, inflammatory, pornographic, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of TMMC and its products, or expose TMMC or its affiliates to liability of any kind. TMMC retains and reserves all rights in and to TMMC's trade names, trademarks and logos, copyrights and all other intellectual property with respect to the domain name and graphic banner. TMMC reserves the right to cancel the License at any time and for any reason. Upon receipt of such notification, use of the domain name and graphic banner must cease and the link between the web sites must terminate. Use of any other trademarks, trade names, graphic banners, copyrighted material or any other intellectual property of TMMC for any purpose is expressly forbidden. You will not receive any compensation or reimbursement of expenses for linking to the TMMC website or using the TMMC graphic banner. TMMC shall not be responsible for any loss, damage or liability that may accompany or result from your use of the link, domain name or graphic banner, 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 License does not indicate nor should it be construed in any way to represent an endorsement by TMMC of any materials on a web site containing our domain name or graphic banner or any other intellectual property. The use of our domain name and the graphic banner containing our trademark(s) on the web site indicates the agreement by the web site owner to these terms and conditions. Privacy Issues What This Privacy Policy Covers This policy covers how TMMC treats personal information that TMMC collects and receives, including information related to your past use of TMMC products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. Information Collection and Use General TMMC collects personal information when you visit the site in different ways including, without limitation, when you register with TMMC, when you use TMMC products or services, when you visit TMMC pages or the pages of certain TMMC partners, and when you enter promotions or sweepstakes. TMMC may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your name, email address, zip code, and personal interests. Once you register with TMMC and sign in to our services, you are not anonymous to us. TMMC automatically receives and records information on our server logs from your browser, including your IP address, TMMC cookie information, and the page you request. TMMC uses information about you in a number of different ways including, without limitation, to customize the content you see, fulfill your requests for products and services, improve our services, contact you, and conduct research. Special Rules Information Relating to Children The Children’s Online Privacy Protection Act (”COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age. TMMC is not directed at children under 13 years of age but we recognize that, with proper adult supervision, some parents might permit their children to visit TMMC and use our materials. COPPA requires that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of TMMC. When your child attempts to register and/or provide personal information to TMMC, we require a parent or legal guardian to: 1. complete the registration; 2. review our privacy policy and verify that the child’s parent or guardian knows about and authorizes our information practices related to children protected by COPPA; and 3. verify through the use of an email confirmation and second authorization that the parent or guardian consents to these terms and conditions, and this privacy policy. Once parental notice and consent has been verified, the information we collect will be treated the same as information collected from any other user of TMMC. Without verified parental notice and consent, we will not knowingly collect personal information relating to children under 13 years of age, and if we learn that we have inadvertently collected such information, we will promptly delete it. How Parents can Access their Children’s Personal Information In compliance with COPPA, a parent or legal guardian may request from us to review, delete or stop the collection of personally identifiable information relating to their child or any child in their legal custody who is under 13 years of age. You may do so in one of two ways. If you know the user name and password, follow the instructions below regarding Changing your Preferences and Personal Information, or you may contact us by letter or email using the address information provided at the bottom of this page. If you request that no further information about your child be collected or used, we will be required to terminate your child’s ability to use any part of the materials on or parts of TMMC that require a user to “sign in”. Information Sharing and Disclosure TMMC does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances: We provide the information to trusted partners and affiliates who work on behalf of or with TMMC under confidentiality agreements. These companies may use your personal information to help TMMC communicate with you about offers from TMMC, our affiliates, and our marketing partners. However, these companies do not have any independent right to share this information with other nonaffiliated companies other than in the performance of their services. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or as otherwise required by law. We may transfer information about you if TMMC is acquired by or merged with another company or if all or substantially all of our assets are sold. In this event, TMMC will use reasonable efforts to notify you, using contact information you have provided, regarding the transfer of information. We will inform at that time if your information will become subject to a new privacy policy. Cookies TMMC may set and access TMMC cookies on your computer. TMMC uses web beacons to access TMMC cookies inside and outside our network of web sites and in connection with TMMC products and services. The data collected from these cookies helps us to analyze browsing patterns of our visitors in order to improve the content and design of our Websites. The information collected from these cookies is for the exclusive use of TMMC and its affiliates, and will not be shared with other vendors. Your Ability to Edit and Delete Your Account Information and Preferences General You can edit or delete your TMMC account information at any time by contacting us at the address provided below. Certain communications from TMMC, such as service announcements, administrative messages and the TMMC Newsletter, are considered part of TMMC membership and you may opt out of receiving them. Confidentiality and Security We use commercially reasonable efforts to protect your information from unauthorized access or use. Changes to this Privacy Policy TMMC may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your TMMC account or by placing a prominent notice on our site. Other These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. You agree that any action at law or in equity arising out of or relating to these terms or MeowMix.com shall be filed only in the Superior Court for the State of New Jersey Court located in Jersey City, New Jersey or Federal District Court located in Newark, New Jersey, and you consent to the personal and subject matter jurisdiction of such courts and these venues for the purposes of litigating any such action, and waive any objections thereto. If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein, and supersedes any prior agreement in regard to such subject matter. This agreement incorporates by reference any other terms and conditions found on the site including, without limitation, terms relating to any sweepstakes and promotions. This agreement shall not be modified except as provided for herein. The waiver of any breach by TMMC of a term or condition of this Agent shall not be deemed a waiver of any future breaches of that or other terms and conditions. Questions and Suggestions The Meow Mix Company |