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Terms Of Use

Last Updated May 12, 2007.

Thank you for visiting Insure-A-Pet.com.com, a website owned and operated by BigSavingsFinder, LLC (hereafter, “we,” “us,” or “Insure-A-Pet.com”). We provide and maintain one or more interrelated Web Site(s) (collectively, the "Site"), and this Terms of Use Agreement (“Agreement”) governs your ability to consume the information and services provided by the Site (collectively, “Services”).

Please read this Agreement carefully. The services and use of the Site are provided to you subject to the terms and conditions set forth in this Agreement, our Privacy Policy, and any other rules and policies set forth on the Site, which are incorporated herein by reference. The terms and conditions below and any other rules or policies set forth on the Site comprise the entire agreement between you and Insure-A-Pet.com and supersede all prior agreements between us.

If you do not agree to be bound by and become a party to the terms and conditions of this Agreement, you are not permitted to access the Site, or in any way use or otherwise consume any of the information and/or services provided by the Site.

Insure-A-Pet.com reserves the right to modify the terms of this Agreement at any time, without prior notice to you. You understand and agree that any use of the Site shall be under the Agreement in effect at the time of the Site usage.

ACKNOWLEDGMENTS.

You also hereby acknowledge and certify that (a) you are at least 18 years old; (b) you assume full and complete responsibility for any use of the Site by any and all minors under your control;  (c) are legally able to enter into all the obligations imposed by this Agreement; (d) your use of the Site is not in violation of any local, state, or federal laws or regulations; (e) all information submitted to us by you is accurate, complete, valid, and current; and, (f) you are solely responsible for obtaining, maintaining, and operating the equipment, utilities, and other related services required to access this Site, including, without limitation, hardware, software, and network services.

DESCRIPTION OF SERVICE.

Insure-A-Pet.com is an online marketplace in which you can locate and solicit interaction with providers of a variety of pet-related products and services, including, without limitation, pet supplies, pet services, and insurance policies (collectively, “Provider” or “Providers”). You understand and agree that by submitting your personal information through the Site (including, without limitation, your name, address, phone number(s), and other personally identifiable information), Insure-A-Pet.com will share this information with Providers subscribing to our Services. You agree that by submitting this information to us, you are extending an express invitation to Insure-A-Pet.com’s Providers to contact you via telephone, even if your phone number is on any local, state, or federal Do Not Call list, or on the Do Not Call List of any Provider with whom you are matched. You further agree that Providers matched with your data may contact you via electronic mail, even if you are on a general do not solicit list on a local, state, or federal level. If you do not wish to be further contacted by a Provider once the initial contact has been made, you understand and agree that it is your sole responsibility to communicate your wishes, and assert your rights, directly with the Provider. (Additional information describing your rights and responsibilities under state and federal regulations may be obtained from the Federal Trade Commission and the Direct Marketing Association.) You understand that all Providers in the Insure-A-Pet.com Provider network have agreed to abide by a strict policy forbidding any unsolicited commercial email (aka “spam”) with any user of the Site.

SECURITY AND PRIVACY.

Insure-A-Pet.com respects and protects your privacy. All information submitted to us is subject to the Privacy Policy active at the time of the submission. A copy of our current Privacy Policy can be viewed and printed at any time.

Insure-A-Pet.com regularly reviews the security of the Site and its supporting systems and communication infrastructure. These security measures include: segmenting systems from public and corporate access by the use of electronic firewalls and physical security systems; restricting access to potentially sensitive data to only those employees with a business requirement to have access to the data; using encryption technology (such as secure sockets layer – SSL – technology) to protect the transmission of data from you to the Site, and from us to our Providers.

THIRD PARTY LINKS.

The Site may contain links to external websites or resources owned and operated by third parties. These are provided for your reference and convenience only. You agree that Insure-A-Pet.com is not responsible for the availability, content, quality, products, services, advertising, and information on such external websites or resources. Inclusion of a link to such a third-party website or other resource on the Site does not imply any endorsement or approval of the third-party website or resource by us. You acknowledge and agree that use of any third-party resource linked from the Site is at your sole risk. You further acknowledge and agree that Insure-A-Pet.com will not be held responsible or liable, either directly or indirectly, for any damage or loss alleged or proven to be caused by or in any way related to your use of, or reliance on, any goods or services available on or through such external websites or resources.

PROHIBITED CONDUCT.

You understand and agree that, during your use of the Site and/or while interacting with any company, person, or legal entity with whom you are placed in contact as a result of your use of the Site, you will not (a) submit any information which is vulgar, obscene, indecent, harmful, abusive, offensive, sexually explicit, defamatory, harassing, invasive of any other person’s privacy, tortious, libelous, or in any other way would be considered objectionable by a reasonable person; (b) submit information to the Site or use the information or services of this Site in any illegal manner; (c) impersonate any other person, attempt to perpetrate identity theft, misrepresent your relationship to any other person, conduct fraud, disguise or attempt to disguise your identity; (d) mask, spoof, or otherwise disguise the source of your IP Address or other standard internet identification characteristics; (e) directly or indirectly interfere, or attempt to interfere, with the proper functioning of this Site, including without limitation, placing disproportionate stress or load on the systems and communication infrastructure on which the Site is operated, deliberately and/or maliciously causing the Site to malfunction, or blocking access to the Site by any other person; (f) introduce to the Site or the systems or communication infrastructure on which the Site is operated any virus, worm, Trojan horse, zombie, or other malicious software agent; (g) intercept or attempt to intercept, or interfere or attempt to interfere with, any communications between other users and the Site; (h) send unsolicited email to any user of the Site; (i) use any spider, robot, screen-scraper, or other automated or manual system to access the Site without first obtaining our express written permission; (j) bypass or attempt to bypass any security, protective, restrictive, or similar measures designed to safeguard the Site or the data collected and/or stored by the Site; (k) disclose or otherwise use any information you receive from the Site or through interaction with other users or Providers of the Site except in strict accordance with the terms of this Agreement.

ACCOUNT REGISTRATION.

Upon completion of this form you will be assigned a user name and password, which will grant access to some additional and / or restricted features of the Site. If you choose to complete the form, you shall be responsible for providing further updates to keep the completed form information current as needed. Any email addresses provided as part of the registration process must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify Insure-A-Pet.com of any unauthorized account activity, or any other breach of security of which you become aware. Insure-A-Pet.com is a single-user service. Multiple logins and passwords to the same account are not available. You will not share logins and/or passwords with others. Sharing login information is a violation of this Agreement and may result in the immediate termination of your account.

MODIFICATION TO SERVICES PROVIDED AND/OR TERMS OF USE.

You acknowledge and agree that Insure-A-Pet.com may, with or without notice, modify or terminate the Services and/or the Site. Further, we may, in our sole discretion, modify this Agreement from time to time. Modifications of the Site or Service may include, without limitation, the type(s) of information and services provided, the consumer information collected, the manner of information delivery, and the tools provided to users of the Site. You agree that Insure-A-Pet.com shall not be liable to you or any third party for any termination or modification of these services.

Insure-A-Pet.com will use commercially reasonable efforts to notify you of changes we make by posting a notice on the Site, or, if we so choose, by sending you an email. If you do not accept the changes, you must terminate your usage of the Site at that time. You agree that your continued use of the Site or Services after the Agreement is changed shall be deemed to be acceptance of the modification or termination of the Agreement or Services.

GENERAL PROVISIONS.

This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Washington in King County. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court.

If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. Insure-A-Pet.com PROVDIES THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. Insure-A-Pet.com AND ITS PROVIDERS, VENDORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER REGARDING THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. Insure-A-Pet.com AND ITS PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO Insure-A-Pet.com OR ITS PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICES. USE OF THE SITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SITE OR SERVICES, OR OF ANY DELAY IN, OR INABILITY TO, ACCESS THE SITE OR SERVICES. Insure-A-Pet.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY PROVIDERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Insure-A-Pet.com OR THROUGH THE SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Insure-A-Pet.com BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY RELATED TO, A THIRD PARTY'S UNAUTHORIZED ACCESSING OF YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Insure-A-Pet.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

LIMITATION OF LIABILITY.

IN NO EVENT WILL Insure-A-Pet.com AND ITS PROVIDERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Insure-A-Pet.com OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT THAT SUCH LIMITATIONS AND EXCLUSIONS ARE PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE ABOVE, IN NO EVENT WILL Insure-A-Pet.com AND ITS PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY Insure-A-Pet.com OR ITS PROVIDERS OR ANY PERSON FOR WHOM EITHER Insure-A-Pet.com OR ITS PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Insure-A-Pet.com FOR THE USE OF THE SERVICES WHICH ARE THE SUBJECT OF THE CLAIM. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, DISAGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST Insure-A-Pet.com WITH RESPECT TO THIS AGREEMENT, THE SITE, OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

RELEASE.

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE Insure-A-Pet.com AND ITS PARTNERS, PROVIDERS, AFFILLIATES, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE OR SERVICE.

PARTICIPATION ACCEPTANCE CRITERIA.

You understand and agree that Insure-A-Pet.com reserves the right to suspend your ability to access the Site and Services in the event that you breach any part of this Agreement. Furthermore, you acknowledge that Insure-A-Pet.com reserves the right to cancel or remove any user from the Service at any time and from time to time.

INDEMNIFICATIONS.

You hereby agree to jointly and severally indemnify, defend and hold harmless Insure-A-Pet.com (and its respective officers, directors, employees, agents, representatives, shareholders, attorneys, affiliates, and distribution channels) and Providers against any claim, suit, action, or proceeding, including reasonable attorneys’ fees, brought against such indemnified party that alleges or is based upon or arises out of (a) any act arising out of or in connection with this Agreement; (b) any act of negligence, omission or misconduct on your part, including, without limitation, any violation of any federal, state or local civil or criminal law, statute, rule, regulation, or ordinance, or any violation of an order of any state, federal, or local court in connection with your use of the Site or your interaction in any way with a Provider; or (c) infringement in any manner of any copyright, patent, trademark, trade secret, service mark, or any other intellectual property right of any third party; (d) though prohibited by this Agreement, any willful entry of fraudulent personal or financial information into the Site, whether or not subsequently passed on to a Provider or other partner.

NOTICES.

Except where otherwise specified, all notices shall be delivered to Insure-A-Pet.com by postal mail addressed to BigSavingsFinder LLC, P.O. Box 369, Lakebay, WA 98349.

INTELLECTUAL PROPERTY.

This Site is Copyright 2007 by Insure-A-Pet.com and/or our suppliers. “BigSavingsFinder” and "Big$aving$Finder" are trademarks of BigSavingsFinder, LLC . All rights reserved. BigSavingsFinder LLC is the owner of all content on the Site, including the graphics, names, text, software, music, videos, sound, pictures, compilations, templates, page layout, design, processes, procedures, magnetic translation, digital conversion, or other material contained in the Service and the Site to the extent such content is provided and/or designed by Insure-A-Pet.com. Additional content on this site, including without limitation, the names, logos, licensing information, and marketing information of Providers and other partners, is the intellectual property of their respective owners, and is used with permission. All applicable Site materials are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You may not copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content or processes. Modification or use of Insure-A-Pet.com’s content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute, or create derivative works from this Site without prior express written authorization.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.