- Agreement Terms.
- Condition of Use. Before you access or use the Services, please read this Agreement carefully and make sure you understand it. If you disagree with any aspect of the Agreement, you do not have our permission to, and you must not, access or use any of the Services.
- Sixteen and Older. The Site and Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you’re at least 16, and if you are under the age of 18, you have your parent or guardian’s consent to enter this this Agreement.
- Compliance with Agreement and Agreement. You will at all times: (i) comply with this Agreement when accessing or using the Services; (ii) access (or attempt to access) the Services for personal use only; (iii) comply with all applicable laws, rules, and regulations; and (iv) not access or use the Services in a manner that violates such laws, rules, and regulations, or in a manner that is deceptive, unethical, false, or misleading. We may suspend or terminate your access to, or use of, any aspect of the Services (including any credentials assigned to you), impose additional requirements and restrictions, or terminate your access to the Services in our sole discretion for any reason or no reason at all.
- Modifications. Occasionally we may, in our discretion, make changes to this Agreement or the Services. When we make changes to the Agreement that we consider material, we will notify you through the Services. By continuing to use the Services after those changes are made, you are expressing and acknowledging your acceptance of the changes.
- Use of Services.
- Username and Password. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Site. You agree not to allow others to use your username name or password, or use a username or password of another person with the intent to impersonate that person. We are not responsible for any losses arising out of the unauthorized use of your account, password, and you agree to indemnify and hold us, our partners, subsidiaries, agents, representatives, employees, contractors and licensors, as applicable, harmless for any improper, unauthorized or unlawful use of your account. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible. We reserve the right to reissue your username in the event you terminate your account.
- Access to Services. You are responsible for any hardware, systems and software programs you use and any associated fees and expenses to connect to or use the Internet. From time to time, you may need to install certain third-party software, enhancements, updates or modifications and related documentation for your continued access to the Services. It is up to you if you use any services, enhancements, modifications, or software not provided by us, and you do so at your sole risk and responsibility.
- Prohibited Conduct. You must not nor allow any other person to do or attempt any use the Services for any purposes which we have not expressly given permission. Such unauthorized use includes but is not limited to the following:
- ripping, burning, copying, capturing, reproducing, communicating to the public, publicly performing, recording, retransmitting, streaming, distributing or broadcasting the Content by any means or in any form;
- transferring, loaning, renting, selling, leasing, sub-licensing and otherwise making available the Content to another person or body;
- altering, changing, removing or obscuring any notices or other indications (including copyright or trademark notices) as to the ownership of the Site, Services and/or Content;
- reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the Site, Services, Content, or any part thereof;
- circumventing any technology used by us, or licensors, or any third party to protect content accessible through the Services; or
- using the Services or Site to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that uses malicious content such as malware, Trojan horses or viruses, or otherwise interferes with any user’s access to the Services or functionality of any computer systems; (iii) that infringe third-party rights or harm minors in any way; or (iv) constitute spam.
- Membership Terms.
- License to Use Services. When sign up for our Services, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited in time, right to use the Services and access the Content for personal, non-commercial use in accordance with the terms and conditions of this Agreement.
- Disruptions to Site, Services, and Content. We will make reasonable efforts to keep the Site, Services, and Content operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site, Services, or Content, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Site, Services, or Content or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Site, Service, or Content, or to provide all or any specific content through the Service.
- Termination by Us. We reserve the right to suspend or terminate your access to the Site, Services, and/or Content at any time at our sole discretion, with or without notice.
- Effect of Termination. Sections 2, 5, 6, 7, 8, 9, and 10 shall survive the termination of this Agreement.
- Intellectual Property Rights.
- Exclusive Ownership. The Site, Services, and Content are protected by world-wide copyright, trademark, patent and other intellectual property laws and treaties and belong exclusively to us and our licensors. You acknowledge and agree (i) that rights in the Site, Services, and Content are licensed and not sold to you; (ii) that you shall have no rights or title in or to the Site, Services, and Content other than the right to use them in accordance with the terms of this Agreement. All rights not expressly granted to you in the Site, Services, and Content are reserved by us.
- Protection of Intellectual Property. We respect the intellectual property rights of others and we expect you to do the same. Neither you nor any third party shall make use of the Site, Services, and Content in any manner that constitutes an infringement of our intellectual property rights or the intellectual property rights of a third person. You must promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Site, Services, or Content or intellectual property rights thereto.
- Member Compliance to Pledge and Revocation of Certification
- Veterinary and pet professionals who become Fear Free certified (“Certified Professionals”) are required at all times to adhere to and conform with the tenants of the Fear Free pledge signed by all individuals seeking to become Certified Professionals.
- No individual is eligible to apply for or to maintain certification unless the individual is in compliance with all Fear Free standards, policies and procedures. Following certification, each Certified Professional bears the burden for demonstrating and maintaining compliance the Fear Free standards, policies and procedures at all times. Fear Free may deny or revoke a certification when an individual is found not to be in compliance with the pledge or practices of Fear Free; or who has made a material misrepresentation as part of their application for certification.
- Fear Free shall have the power to temporarily or permanently revoke the certification of any Certified Professional upon Fear Free’s determination that the Certified Professional has acted in violation of the Fear Free standards, policies and procedures or violated applicable federal, state, or local laws and regulations.
- Available remedies to Fear Free include without limitation denial or revocation of an individual’s certification and/or other remedial actions as determined by Fear Free in its discretion.
- Should the certification of an existing Certified Professional be revoked, the Certified Professional will be notified of such revocation, and upon his or her receipt of such notice of revocation:
- the individual will be immediately be prohibited from holding himself or herself out to the public as being Fear Free certified;
- the individual will immediately discontinue use of all marketing or advertising materials provided or made available by or through Fear Free; and
- the individual will immediately discontinue use of any and all trademarks, service marks, copyrights and other intellectual property belonging to Fear Free.
- Notwithstanding anything to the contrary herein, each Certified Professional agrees that Fear Free may, at any time upon written notice to such Certified Professional, suspend any or all of the rights and/or licenses granted to the Certified Professional, if, in the sole reasonable discretion of Fear Free, the Certified Professional misuses any of the intellectual property of Fear Free, causes Fear Free any loss of goodwill, or violates any provision of this Agreement. Any such suspension will remain in effect until such time as the Certified Professional establishes that the cause for suspension has been remedied to sole reasonable satisfaction of Fear Free or Fear Free determines to revoke the certification of the Certified Professional.
- Third-Party Services.
The Services may from time to time be integrated with third-party services, applications and sites (collectively, “Third-Party Services”). These Third-Party Services have their own terms and policies, and the use of their services will be governed by those terms and policies. WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, ANY THIRD-PARTY SERVICES MADE AVAILABLE TO YOU. We may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services.
- Exclusion of Warranties.
- No Warranties. NO CONDITIONS, WARRANTIES OR OTHER TERMS APPLY TO ANY SERVICE, SOFTWARE, OR OTHER GOODS OR SERVICES SUPPLIED BY US, FEAR FREE, OUR AFFILIATES OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUPPLIERS, LICENSORS, LICENSEES, ASSIGNS, OR SUCCESSORS (“Related Parties“) UNDER THE AGREEMENT UNLESS EXPRESSLY STATED SET OUT IN THE AGREEMENT.
- As Available. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK AND THAT THE SITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- Additional Disclaimers. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, FEAR FREE, AND THE RELATED PARTIES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, WE, FEAR FREE, AND THE RELATED PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) THE SITE, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE SITE, SERVICES, AND CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CONTINUE TO EXIST, OR OTHERWISE VALID; OR (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY ASPECT OF THE SITE, SERVICES, AND CONTENT, INCLUDING ANY SOFTWARE, CODE, CONTENT (INCLUDING AUDIOVISUAL CONTENT), DATA, SUPPORT OR ANYTHING ELSE PROVIDED TO YOU AS PART OF, OR IN CONNECTION WITH, YOUR ACCOUNT, WILL BE CORRECTED.
- Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, FEAR FREE, AND THE RELATED PARTIES WILL NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, FEAR FREE, AND THE RELATED PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT IS LIMITED TO THE AMOUNT PAID BY YOU TO US TO ACCESS OR USE THE SERVICES FOR THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR US$500.00, WHICHEVER IS HIGHER.
You will indemnify, defend, and hold us, Fear Free, and the Related Parties harmless against any claim, costs, losses, damages, liabilities, judgments, fees (including reasonable fees of attorneys and other professionals), and expenses arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims“) arising out of: (i) your breach of this Agreement; or (ii) your violation of any law or regulation or the rights of any third party (including any intellectual property or other proprietary right, confidentiality, privacy right, or right of publicity). We may, at our sole discretion, elect for you to assume control of the defense of the Claim for which you are required to indemnify us. If the defense or settlement is assumed by you, we may at any time thereafter elect to appoint our own counsel; or we may take over control of the defense and settlement of such Claim. You will not settle any Claim without our prior written consent. Both parties will provide reasonable assistance to the other as may be required in order to defend any relevant Claim.
- Entire Agreement. The Agreement controls the relationship between you and us and constitutes the entire agreement between such parties with respect to the subject matter hereof.
- Third-Party Beneficiary. Except for Fear Free, which is intended to be a third-party beneficiary to this Agreement, there are no other third-party beneficiaries under the Agreement.
- No Waiver. We will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the Agreement. A waiver will be effective only if we expressly state in writing that we are waiving a specified term of the Agreement.
- Severability. If any provision of the Agreement is found to be not enforceable, that provision will be modified by the court of competent jurisdiction to the extent necessary to create an enforceable provision that reflects the parties’ intention as closely as possible. If that is not possible, it will be deemed deleted and the rest of the Agreement will continue in force unaffected.
- Choice of Law; Venue. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Fear Free that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado.
- Notices. All notices must be in the English language, in writing, and sent to our corporate headquarters address listed on our website via first class or air mail or overnight courier, and are deemed given upon receipt.
- Assignment of the Agreement. We may transfer or assign the Agreement, including any rights and licenses granted under it, to a third party, but you may not.
- Limitation on Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR CONTENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Further, You may only resolve disputes with US OR FEAR FREE on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations are not allowed.
Fear Free, LLC
2420 17th Street
Denver, Colorado 80202