TERMS OF USE



1. ACCESS TO THE SITE.
BY ACCESSING, BROWSING AND/OR USING THIS SITE AT WWW.PETOTE.COM ("SITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE TERMS OF USE (“TERMS”) AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT PERMITTED TO USE THE SITE. PETOTE LLC ("PETOTE") RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO UPDATE, REVISE, SUPPLEMENT AND TO OTHERWISE MODIFY THESE TERMS, AND TO IMPOSE NEW OR ADDITIONAL TERMS AND CONDITIONS ON YOUR USE OF THE SITE FROM TIME TO TIME. SUCH UPDATES, REVISIONS, SUPPLEMENTS, MODIFICATIONS AND ADDITIONAL RULES, POLICIES, TERMS AND CONDITIONS (COLLECTIVELY REFERRED TO IN THESE TERMS AS "ADDITIONAL TERMS") SHALL BE EFFECTIVE IMMEDIATELY AND INCORPORATED INTO THESE TERMS UPON NOTICE THEREOF, WHICH MAY BE GIVEN BY ANY REASONABLE MEANS INCLUDING, WITHOUT LIMITATION, BY POSTING TO THE SITE. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SITE FOLLOWING SUCH NOTICE SHALL BE DEEMED TO CONCLUSIVELY INDICATE YOUR ACCEPTANCE OF, AND AGREEMENT TO, ANY AND ALL SUCH ADDITIONAL TERMS.

2. NOTICE TO MINORS.
THIS SITE IS NOT INTENDED FOR USE BY MINORS. BY AGREEING TO THE TERMS, YOU HEREBY REPRESENT AND CERTIFY THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT USE THIS SITE.

3. ACCEPTABLE USE OF THE SITE.

(A) INDIVIDUAL USE. YOU AGREE THAT YOU ARE ONLY AUTHORIZED TO VISIT, VIEW AND TO RETAIN A SINGLE COPY OF THE PAGES OF USE THE SITE FOR YOUR OWN INTERNAL USE AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITIES, AND THAT YOU SHALL NOT COPY, DUPLICATE, DOWNLOAD, PUBLISH, MODIFY OR OTHERWISE DISTRIBUTE ANY MATERIAL ON THE SITE FOR ANY PURPOSE OTHER THAN FOR YOUR OWN INTERNAL USE UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY PETOTE IN WRITING. PETOTE POSTS NOTICES AND VARIOUS CREDITS ON PAGES OF THE SITE, WHICH YOU SHALL NOT REMOVE, EVEN IN YOUR PERMITTED COPIES.

(B) DEEP LINKS; LINKING. YOU AGREE NOT TO "DEEP-LINK" TO THE SITE, MEANING THAT YOU SHALL NOT CREATE, POST, DISPLAY, PUBLISH OR DISTRIBUTE ANY LINK TO ANY PAGE OTHER THAN THE FRONT (HOME) PAGE OF THE SITE FOR ANY PURPOSE, UNLESS SPECIFICALLY AUTHORIZED BY PETOTE IN WRITING TO DO SO. IF YOU DO WANT AUTHORIZATION TO LINK TO THE SITE IN ANY MANNER, SEND A MESSAGE VIA E-MAIL TO INFO@PETOTE.COM WITH YOUR NAME, ADDRESS AND TELEPHONE NUMBER, A DESCRIPTION OF YOUR WEB SITE AND THE REASON WHY YOU WOULD LIKE PETOTE TO CONSIDER YOU ESTABLISHING A LINK TO THIS SITE. ONLY UPON RECEIPT OF WRITTEN AUTHORIZATION FROM PETOTE MAY YOU LINK TO THE SITE IN ANY MANNER.

(C) FRAMING. YOU AGREE NOT TO CREATE ANY FRAMES AT ANY OTHER WEB SITES PERTAINING TO OR USING ANY OF THE CONTENT LOCATED AT THE SITE FOR ANY PURPOSE, UNLESS SPECIFICALLY AUTHORIZED BY PETOTE IN WRITING TO DO SO.

(D) SECURITY, CRACKING AND HACKING. YOU ARE PROHIBITED FROM VIOLATING OR ATTEMPTING TO VIOLATE THE SECURITY OF THE SITE. VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY. PETOTE RESERVES THE RIGHT TO INVESTIGATE OCCURRENCES THAT MAY INVOLVE SUCH VIOLATIONS AND MAY INVOLVE, AND COOPERATE WITH, LAW ENFORCEMENT AUTHORITIES IN PROSECUTING USERS WHO HAVE PARTICIPATED IN SUCH VIOLATIONS. YOU UNDERSTAND THAT DATA AND COMMUNICATIONS, INCLUDING E-MAIL AND OTHER ELECTRONIC COMMUNICATIONS, MAY BE ACCESSED BY UNAUTHORIZED THIRD PARTIES WHEN COMMUNICATED OVER THE INTERNET.

(E) SUBMISSIONS, POSTINGS AND EMAIL COMMUNICATIONS. ALL REMARKS, SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER INFORMATION COMMUNICATED BY YOU TO PETOTE THROUGH THIS SITE (COLLECTIVELY, THE "SUBMISSION") WILL FOREVER BE THE PROPERTY OF PETOTE AND YOU WAIVE ALL OF YOUR RIGHTS WITHOUT FURTHER CONSIDERATION, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY AND MORAL RIGHTS, THEREIN IF APPLICABLE, PROVIDED THAT YOU WILL CONTINUE TO BE RESPONSIBLE FOR THE CONTENT OF THE SUBMISSION INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFICATION OBLIGATIONS RELATED TO SUCH SUBMISSIONS. PETOTE WILL NOT BE REQUIRED TO TREAT ANY SUBMISSIONS AS CONFIDENTIAL, AND WILL NOT BE LIABLE FOR ANY IDEAS FOR ITS BUSINESS (INCLUDING WITHOUT LIMITATION, PRODUCT OR ADVERTISING IDEAS) AND WILL NOT INCUR ANY LIABILITY AS A RESULT OF ANY SIMILARITIES THAT MAY APPEAR IN FUTURE PETOTE OPERATIONS WITH A SUBMISSION. WITHOUT LIMITATION, PETOTE WILL HAVE EXCLUSIVE OWNERSHIP OF ALL PRESENT AND FUTURE RIGHTS TO THE SUBMISSION OF EVERY KIND AND NATURE EVERYWHERE AND WILL BE ENTITLED TO USE THE SUBMISSION FOR ANY COMMERCIAL OR OTHER PURPOSE WHATSOEVER WITHOUT COMPENSATION TO YOU OR ANY OTHER PERSON SENDING OR CONTRIBUTING TO THE SUBMISSION. PETOTE RETAINS THE RIGHT TO REVIEW, EDIT OR DELETE FROM THIS SITE ANY SUBMISSION WHICH PETOTE IN ITS SOLE DISCRETION CONSIDERS ILLEGAL, OFFENSIVE, IN VIOLATION OF A THIRD PARTY RIGHT OR OTHERWISE INAPPROPRIATE.

IN CONNECTION WITH YOUR USE OF THE SITE, YOU CONSENT TO PETOTE RECORDING ANY COMMUNICATION, ELECTRONIC OR OTHERWISE, BETWEEN YOU AND PETOTE AND RETAINING ANY INFORMATION AND DATA YOU SUBMIT WHILE USING THE SITE.

IN USING THE SITE, YOU MAY BE PERMITTED TO COMMUNICATE ELECTRONICALLY WITH PETOTE BY SENDING ELECTRONIC MAIL TO US; HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT ONLY GENERAL INFORMATION OR INQUIRIES MAY BE SUBMITTED TO US VIA ELECTRONIC MAIL AND ANY OTHER SUBMISSIONS OR COMMUNICATIONS ON OR THROUGH THE SITE (E.G., THE PLACEMENT OF ORDERS) MAY BE SUBMITTED ONLY IN ACCORDANCE WITH THE EXPRESS INSTRUCTIONS, IF ANY, SET FORTH ON THE SITE FOR SUCH SUBMISSIONS OR COMMUNICATIONS. PLEASE DO NOT SEND ANY TIME-SENSITIVE COMMUNICATIONS VIA ELECTRONIC MAIL TO US AS WE CANNOT BE RESPONSIBLE FOR RESPONDING TO ANY SUCH COMMUNICATIONS.

(F) OWNERSHIP OF CONTENT. ALL CONTENT AND MATERIALS ON THE SITE INCLUDING, WITHOUT LIMITATION, TEXT, MARKS, GRAPHICS, LOGOS, DESIGNS, BUTTON ICONS, IMAGES, PHOTOS, AUDIO CLIPS AND SOFTWARE INCLUDED IN THE SITE (COLLECTIVELY, "CONTENT"), ARE THE PROPERTY OF PETOTE, ITS SPONSORS OR BUSINESS AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS, AND MAY BE SUBJECT TO U.S. AND INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS LAWS. THE COMPILATION OF ALL CONTENT ON THE SITE IS THE EXCLUSIVE PROPERTY OF PETOTE AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS. EXCEPT TO THE MINIMUM EXTENT OTHERWISE EXPRESSLY PERMITTED UNDER COPYRIGHT LAW, NO COPYING OR EXPLOITATION OF MATERIAL FROM THE SITE IS PERMITTED EXCEPT EXPRESSLY IN ACCORDANCE WITH THESE TERMS OR WITH THE EXPRESS WRITTEN PERMISSION OF PETOTE AND ANY OTHER APPLICABLE COPYRIGHT OWNER. YOU ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY VIRTUE OF DOWNLOADING COPYRIGHTED MATERIAL FROM THE SITE. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE EXPRESSLY RESERVED TO PETOTE.

(G) TRADEMARKS. THE TRADEMARKS, SERVICE MARKS, NAMES AND LOGOS (THE "TRADEMARKS") USED AND DISPLAYED ON THIS SITE ARE REGISTERED AND UNREGISTERED TRADEMARKS OF PETOTE OR OTHER THIRD PARTIES. NOTHING ON THIS SITE SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY TRADEMARK DISPLAYED ON THIS SITE, WITHOUT THE PRIOR WRITTEN PERMISSION OF PETOTE AND ANY THIRD PARTY OWNER OR LICENSOR. PETOTE AGGRESSIVELY ENFORCES ITS INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT OF THE LAW. PETOTE PROHIBITS USE OF PETOTE OR ANY OTHER TRADEMARK AS PART OF A LINK TO OR FROM ANY SITE UNLESS ESTABLISHMENT OF SUCH A LINK IS APPROVED IN ADVANCE BY PETOTE IN WRITING. FAIR USE OF PETOTE'S TRADEMARKS REQUIRES PROPER ACKNOWLEDGMENT.

(H) PROHIBITED ACTIVITIES. YOU AGREE NOT TO USE THE SITE FOR OR IN CONNECTION WITH ANY OF THE FOLLOWING ACTIVITIES: (I) TRANSMITTING OR RELAYING SPAM, SPOOFING OR OTHERWISE IMPERSONATING ANY PERSON OR ENTITY, OR FALSELY STATING OR OTHERWISE MISREPRESENTING YOUR IDENTITY OR AFFILIATION IN ANY WAY; (II) USING THE SITE FOR ANY FRAUDULENT OR ILLEGAL PURPOSE; (III) E-MAILING, UPLOADING, OR OTHERWISE TRANSMITTING OR USING THE SITE IN FURTHERANCE OF THE USE, DISTRIBUTION OR TRANSMISSION OF ANY UNLAWFUL, HARASSING, DEFAMATORY, TORTIOUS, LIBELOUS, SEXUALLY EXPLICIT, OBSCENE, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE MATERIAL OF ANY KIND; (IV) TRANSMITTING MATERIAL THAT CONTAINS VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DESTROY, DISRUPT OR OTHERWISE IMPAIR A COMPUTER'S FUNCTIONALITY OR THE OPERATION OF THE SITE; AND (V) USING ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR "SPIDER" THE SITE OR ANY OF THE PAGES OF THE SITE.

(I) INVESTIGATION. PETOTE MAY SEEK TO GATHER INFORMATION FROM THE USER WHO IS SUSPECTED OF VIOLATING THIS TERMS, AND FROM ANY OTHER USER. PETOTE MAY SUSPEND ANY USER WHOSE CONDUCT OR POSTINGS ARE UNDER INVESTIGATION AND MAY REMOVE SUCH MATERIAL FROM ITS SERVERS AS IT DEEMS APPROPRIATE AND WITHOUT NOTICE. IF PETOTE BELIEVES, IN ITS SOLE DISCRETION, THAT SUCH A VIOLATION HAS OCCURRED, IT MAY EDIT OR MODIFY ANY SUBMISSION, POSTING OR E-MAILS, REMOVE THE MATERIAL PERMANENTLY, CANCEL POSTINGS, WARN USERS, SUSPEND USERS OR TAKE OTHER CORRECTIVE ACTION IT DEEMS APPROPRIATE. PETOTE WILL FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING PETOTE TO DISCLOSE THE IDENTITY OF ANYONE POSTING ANY E-MAILS, OR PUBLISHING OR OTHERWISE MAKING AVAILABLE ANY MATERIALS THAT ARE BELIEVED TO VIOLATE THESE TERMS. YOU WAIVE AND HOLD HARMLESS PETOTE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PETOTE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PETOTE OR LAW ENFORCEMENT AUTHORITIES.

(J) EXPORT CONTROL. THE UNITED STATES CONTROLS THE EXPORT OF PRODUCTS AND INFORMATION. YOU AGREE TO COMPLY WITH SUCH RESTRICTIONS AND NOT TO EXPORT OR RE-EXPORT THE CONTENT ON THIS SITE (INCLUDING SOFTWARE) TO COUNTRIES OR PERSONS PROHIBITED UNDER THE EXPORT CONTROL LAWS. ACCESS TO SUCH MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. BY DOWNLOADING SUCH MATERIALS, YOU ARE AGREEING THAT YOU ARE NOT IN A COUNTRY WHERE SUCH EXPORT IS PROHIBITED OR ARE A PERSON OR ENTITY TO WHICH SUCH EXPORT IS PROHIBITED. IF YOU ACCESS THE SITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR LOCAL JURISDICTION, INCLUDING THE IMPORT, EXPORT, OR RE-EXPORT OF MATERIALS TO THE EXTENT PERMITTED UNDER THESE TERMS.

4. WARRANTY DISCLAIMER.
THE CONTENT ON THE SITE AND THE SITE ITSELF ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT OR TITLE. PETOTE DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. PETOTE DOES NOT WARRANT THE QUALITY, CORRECTNESS, ACCURACY, TIMELINESS OR RELIABILITY OF ANY INFORMATION CONTAINED ON THE SITE. PETOTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. PETOTE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON ITS SITE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT.

PETOTE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT "LINK" TO OR FROM THE SITE. PETOTE CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL OR SERVICES CONTAINED ON THIRD PARTY SITES NOR DOES PETOTE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE THAT PETOTE MAY USE TO ALLOW USERS TO REACH ITS SITE.

PETOTE DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS.

5. PRIVACY.
YOU CAN VISIT THIS SITE WITHOUT TELLING US WHO YOU ARE OR PROVIDING US WITH ANY INFORMATION. WE MAY COLLECT THE E-MAIL ADDRESSES OF THOSE WHO SEND US E-MAIL MESSAGES, HOWEVER, WE WILL NOT SHARE THOSE ADDRESSES WITH ANY OTHER COMPANY OR SEND UNSOLICITED E-MAIL TO ANY OF THE ADDRESSES WE COLLECT, EXCEPT IN VERY LIMITED CIRCUMSTANCES AS SET FORTH BELOW.

WHEN YOU REQUEST INFORMATION FROM PETOTE AND SUPPLY INFORMATION THAT PERSONALLY IDENTIFIES YOU OR ALLOWS US TO CONTACT YOU SUCH AS YOUR E-MAIL ADDRESSES, YOU ARE AGREEING TO SHARE THAT INFORMATION WITH PETOTE, ITS AGENTS, REPRESENTATIVES AND AFFILIATES AND THEIR SUCCESSORS AND ASSIGNS. PETOTE DOES AGGREGATE INFORMATION RECEIVED AND MAY DISCLOSE SUCH INFORMATION IN AGGREGATE FOR MARKETING AND PROMOTIONAL PURPOSES. WE MAY USE COOKIES AND WE OBTAIN CERTAIN TYPES OF INFORMATION WHEN YOUR WEB BROWSER ACCESSES WWW.PETOTE.COM. "COOKIES" ARE SMALL PIECES OF INFORMATION THAT ARE STORED BY YOUR BROWSER ON YOUR COMPUTER'S HARD DRIVE. OUR SITE MAY USE COOKIES TO STORE PERTINENT USER INFORMATION DURING A SESSION TO SPEED NAVIGATION AND KEEP TRACK OF ITEMS. THE "HELP" PORTION OF THE TOOLBAR ON MOST BROWSERS WILL TELL YOU HOW TO PREVENT YOUR BROWSER FROM ACCEPTING NEW COOKIES, HOW TO HAVE THE BROWSER NOTIFY YOU WHEN YOU RECEIVE NEW COOKIES AND HOW TO DISABLE COOKIES ALTOGETHER. WE MAY DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION IF REQUIRED TO DO SO BY LAW OR IN THE GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (A) COMPLY WITH LAW OR COMPLY WITH LEGAL PROCESS SERVED UPON US OR OUR AGENTS, REPRESENTATIVES AND AFFILIATES, (B) PROTECT AND DEFEND OUR RIGHTS OR PROPERTY OR THOSE OF OUR USERS; OR (C) PROTECT THE PERSONAL SAFETY OF OUR USERS OR THE PUBLIC. PETOTE WOULD LIKE TO KEEP YOUR PERSONAL INFORMATION ACCURATE. THEREFORE, PETOTE ALLOWS YOU TO CORRECT OR CHANGE PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY US BY REPLYING TO ANY PETOTE EMAIL.

6. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, PETOTE'S NEGLIGENCE, SHALL PETOTE, ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF PETOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL PETOTE’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

7. INDEMNIFICATION.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS PETOTE AND ITS SPONSORS, BUSINESS AFFILIATES, VENDORS, CONTENT PROVIDERS, SUBSIDIARIES, RELATED ENTITIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, SHAREHOLDERS, MEMBERS AND AGENTS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, OBLIGATIONS, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RESULTING FROM ANY CLAIM ARISING FROM OR RELATED TO YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY PERSON OR ENTITY. YOU SHALL REASONABLY COOPERATE IN THE DEFENSE OF ANY SUCH CLAIMS. PETOTE RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF SUCH CLAIMS AT YOUR COST.

8. GOVERNING LAW, ARBITRATION AND REMEDIES.
THE LAWS OF THE STATE OF ILLINOIS (EXCLUDING ANY PRINCIPLES OF CONFLICTS OF LAWS) GOVERN ALL MATTERS RELATING TO OR ARISING FROM YOUR USE OF THE SITE AND THESE TERMS. YOU AGREE THAT ANY VIOLATION OF THIS AGREEMENT COULD CAUSE PETOTE IMMEDIATE IRREPARABLE INJURY, FOR WHICH A REMEDY OF DAMAGES WOULD BE INADEQUATE, ENTITLING IT TO INJUNCTIVE RELIEF, AMONG OTHER REMEDIES. YOU AGREE THAT THE PARTIES SHALL SETTLE ANY CLAIM OR DISPUTE RELATING TO THESE TERMS BY BINDING ARBITRATION INCHICAGO, ILLINOIS UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THESE TERMS SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THESE TERMS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS, U.S.A. IN THE EVENT OF ANY DISPUTE, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER REASONABLE ATTORNEY’S FEES AND COSTS OF SUIT, IN ADDITION TO ANY OTHER RELIEF TO WHICH IT MAY BE ENTITLED.

9. SEVERABILITY.
IF ANY PROVISION OF THE TERMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE IN WHOLE OR IN PART, SUCH PROVISION SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE TO THE EXTENT OF SUCH INVALIDITY OR UNENFORCEABILITY WITHOUT IN ANY MANNER AFFECTING THE VALIDITY OR ENFORCEABILITY THEREOF IN ANY OTHER JURISDICTION OR THE REMAINING PROVISIONS HEREOF IN ANY JURISDICTION, PROVIDED, HOWEVER, IF SUCH INVALID OR UNENFORCEABLE PROVISION MAY BE MODIFIED SO AS TO BE VALID AND ENFORCEABLE AS A MATTER OF LAW, SUCH PROVISION WILL BE DEEMED TO HAVE BEEN MODIFIED SO AS TO BE VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. CONTRACT ELECTRONICALLY.
YOU AGREE THAT THE TERMS, COMBINED WITH YOUR ACT OF USING THE SITE HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN CONTRACT WITH YOUR WRITTEN SIGNATURE AND SATISFY ANY LAWS THAT REQUIRE A WRITING OR SIGNATURE, INCLUDING ANY APPLICABLE STATUTE OF FRAUDS. YOU FURTHER AGREE THAT YOU SHALL NOT CHALLENGE THE VALIDITY, ENFORCEABILITY OR ADMISSIBILITY OF THE TERMS ON THE GROUNDS THAT IT WAS ELECTRONICALLY TRANSMITTED OR AUTHORIZED. IN ADDITION, YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO PRINT THE TERMS.

11. COPYRIGHT INFRINGEMENT NOTIFICATION POLICY.
IF YOU BELIEVE THAT THE SITE CONTAINS MATERIALS THAT CONSTITUTE COPYRIGHT INFRINGEMENT, PLEASE NOTIFY OUR DESIGNATED AGENT IN WRITING USING THE FOLLOWING CONTACT INFORMATION: