IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR REVISE THESE TERMS AT ANY TIME BY POSTING UPDATES TO THIS PAGE. YOU WILL BE DEEMED TO HAVE ACCEPTED ANY SUCH MODIFICATION OR REVISION BY CONTINUING TO USE THIS WEBSITE AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. ALL MODIFIED OR REVISED TERMS SHALL AUTOMATICALLY BE EFFECTIVE THIRTY (30) DAYS AFTER THEY ARE INITIALLY POSTED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS WEBSITE.

Authorized Use

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Website only for your personal, non-commercial use. Additional terms and conditions may apply to your use of any products and services offered through this Website. Please review all such terms and conditions before you use any such products and services.

Eligibility

Use of this Website is only available to users who are 18 years of age or older and reside in the United States or its possessions and territories. The Company makes no claims that this Website or any of its content is accessible from outside the United States. Should you access our Website outside of the United States, you do so on your own initiative and are responsible for compliance with all local laws.

Ownership

You acknowledge and agree that this Website uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Website, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

“ NorthPoint Pets,” and certain other words and logos displayed on this Website and which may or may not be designated on this Website by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of the Company or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed on this Website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us or the third-party that may own the trademark or copyright of information displayed on this Website.

Registration

This Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content. As part of the registration and account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and you will be responsible for all usage or activity on your account, including but not limited to the unauthorized use of your account by any person using your password(s) and any purchases made by parties using your account, whether or not authorized by you.

Acceptable Use Policy

The following requirements apply to your use of this Website: (a) you will not use any feature of this Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or racially, sexually, religiously, or otherwise objectionable or offensive, all as determined by the Company in its sole and absolute discretion; (b) you will not upload any Content or link to any Content that contains or promotes any of the foregoing; (c) you will not upload, post, reproduce, or distribute any information, software, pictures, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (d) you will not solicit, collect or store personal data about other users; (e) you will not solicit money from or offer to provide money to other users in exchange for acts or services of any nature; (f) you will not use this Website for any commercial purpose not expressly approved by the Company in writing; (g) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (h) you will not upload, post, email, or otherwise transmit any material that contains viruses, adware, spyware or any other computer code, cookies, files, or programs which might interrupt, limit, overburden, or interfere with the functionality of any computer software or hardware or telecommunications equipment, including this Website; (i) you will not use or develop any third-party applications that interact with this Website or other users’ Content without our prior written consent; and (j) you will not gain, or attempt to gain, unauthorized access to this Website, the servers or networks connected to this Website by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of this Website).

Your Content

From time to time you may be able to submit photos, written posts and certain other materials on certain areas of our Website (“Your Content”), pursuant to these Terms. You agree that you will not post any Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by the Company in its sole and absolute discretion; that you will not post any Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of the Company, or misrepresent an affiliation with another person or organization; you will not post any Content that contains viruses, corrupted files, adware, spyware, worms, or any other similar software or programs that may adversely affect the operation of this Website, or any feature of this Website. The Company may cancel your account and delete all Your Content at any time, and without notice, if the Company deems that you have violated these Terms, the law, or for any other reason, in its sole and absolute discretion. For greater certainty, and without limiting the effect of the foregoing, the Company reserves the right, in its sole and absolute discretion, to modify, edit, refuse to post, or remove any of Your Content, if a complaint or notice of allegedly infringing materials is received with respect to Your Content, if Your Content violates these Terms, or for any other reason.

By displaying, publishing, or otherwise posting any of Your Content on or through this Website, you hereby irrevocably grant to the Company a non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute Your Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party’s permission. Further, you waive all moral rights in and to all Your Content that you post on, upload or otherwise submit to or through this Website in favor of the Company. You continue to retain all ownership rights you hold in Your Content, and you retain any right to use Your Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of Your Content submitted, displayed, published or posted by you on this Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of Your Content, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

In these Terms, “Feedback” refers to any material you post on or through this Website that is specifically about how we can improve this Website and/or the products and services we make available through this Website. Although we do not claim ownership of Your Content that you post using this Website, the Feedback you provide to us through this Website will be and remain our exclusive property. Your submission of Feedback will, and hereby does, constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Copyright Policy

The Company respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using this Website. You agree that you will not use this Website to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works.

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from this Website by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the DMCA Notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.