Terms of Use
Last updated January 01, 2019
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf
of an entity (“you”) and Hot Spot Fashion Inc, doing business as Yow Pets ("Yow Pets ", “we”, “us”, or “our”),
concerning your access to and use of the www.yowpets.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the
“Site”). The Site provides an online marketplace for the following goods, products, and/or services: pet
supplies (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase
and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use . You
agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of
each such change. It is your responsibility to periodically review these Terms of Use to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to
use or register for the Site or use the Marketplace Offerings.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and
international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace
Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and
to download or print a copy of any portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
USER REPRESENTATIONS
By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3) you have the legal capacity and you agree
to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will
not access the Site or the Marketplace Offerings through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of
the Site or the Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Site (or any portion
thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in
the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the
following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance;
and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized
products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy,
availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace
Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not
contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any
errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend
any Marketplace Offerings and the Site is provided for informational and advertising purposes only.
USER REGISTRATION
You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep
your password confidential and will be responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
MARKETPLACE OFFERINGS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the
Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications,
and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings
are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain
Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may
have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All
descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole
discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not
warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or
that any errors in the Site will be corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases of the
Marketplace Offerings made via the Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If
your order is subject to recurring charges, then you consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable
order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These restrictions may include orders placed by
or under the same customer account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors.
RETURN POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The
Site may not be used in connection with any commercial endeavors except those that are specifically endorsed
or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the
Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making
up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion
of the Site.
17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of
the Marketplace Offerings to you.
19. Delete the copyright or other proprietary rights notice from any Content.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Marketplace Offerings.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace
Offerings and through third-party websites. As such, any Contributions you transmit may be treated as nonconfidential
and non-proprietary. When you create or make available any Contributions, you thereby represent
and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or p ermission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized adve rtising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, vio lent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, dis parage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or in cite, encourage, or threaten
physical harm against another.
9. Your Contributions do not vi olate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any th ird party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age
of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning c hild pornography, or otherwise
intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and
may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace
Offerings.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided by you in any area on the Site. You
are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply
with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2)
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your
reviews should not contain discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall
be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial
or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party
Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from
the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies
of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no
longer govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to any applications you use or install
from the Site. Any purchases you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-PartyWebsites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:https://www.yowpets.com/privacypolicy/.
By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in
the United States. If you access the Site or the Marketplace Offerings from the European Union, Asia, or any
other region of the world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent to have your data transferred to and
processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably
practical.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the
Site infringes upon any copyright you own or control, please immediately notify us using the contact information
provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE
MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE
AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We
will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of
the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the
Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support
the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
OVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in
accordance with the laws of the State of New York applicable to agreements made and to be entirely performed
within the State of New York, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website
www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by
the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will take place in United
States County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in United States County, New York, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one
(1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may
relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice.
DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THESIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING OR $50.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of: (1) your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach
of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user
of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the
Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any
such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in
any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the
Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that
these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the
parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information
regarding use of the Site or the Marketplace Offerings, please contact us at:
Hot Spot Fashion Inc
2615 Nostrand Ave
Brooklyn, NY 11210
United States
Phone: 347-746-8063
yowpets@gmail.com
