Terms Of Use
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PoliciesTerms Of Use
Terms Of Use
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
1. Acceptance of Terms of Use
If you do not agree with any of these Terms of Use (“Terms of Use” or “Terms”), including our Privacy Policy, please do not use our services. By using our services you will be deemed to have irrevocably agreed to these Terms. Some areas of our services may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of our services, unless otherwise expressly stated.
These Terms of Use apply when you interact digitally with the Internet sites operated by Noble Manes Cattery and its affiliates and subsidiaries (“Noble Manes Cattery” or “We”, “Our” or “Us”), (the “Site” or “Sites”), mobile apps, Wi-Fi Internet access points, and any other services, products and any related software or mobile and/or tablet applications offered by Noble Manes Cattery (collectively, the “services”). Note that in some instances, both these Terms of Use and separate additional terms or licenses, guidelines, rules or Terms of Use will apply to your use of some services offered and/or operated by Noble Manes Cattery (in each such instance, and collectively, “Additional Terms”). These Additional Terms will be posted in connection with the applicable services and will be in addition to these Terms of Use. Where any direct conflict exists between these Terms of Use, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Use (e.g., arbitration) will remain in effect as outlined here.
Noble Manes Cattery may modify these Terms of Use prospectively from time to time in its sole discretion. Please review the “Updated” legend at the top of this page to determine when this Terms of Use was last amended. Any changes to this Terms of Use will become effective on the “Updated” date indicated above. Your continued use or accessing of the services following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Use via posting of updates on our services.
Our Sites and services are general audience Sites and services for adults. We will assume (and by using our Site(s) or services you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access any of the services or any of the resources we have to offer, you may be asked to provide registration details. It is a condition of use of these Terms that all the details you provide be correct, current, and complete. We have the right to refuse you access to the services, or any of its resources, and to terminate or suspend your account for any reason.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on the services. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the services. You should visit this page regularly to review the current terms. Your continued use of the services will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITES OR SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Use and any applicable Additional Terms each time you use any of the services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Use (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except your continued use of the Sites or services after you receive notice of an update to the Terms of Use and/or applicable Additional Terms shall be deemed as your acceptance to all such revisions. In the event any notice to you of new or revised Terms of Use or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised or additional Terms of Use by discontinuing use of the Site and services.
2. Permitted Uses
Your use of the services shall be limited solely to your personal and non-commercial use. The services contain material that is derived in whole or in part from material supplied and owned by Noble Manes Cattery as well as third parties (“Content”). As between Noble Manes Cattery and You, Noble Manes Cattery owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the services and Content. You acknowledge Noble Manes Cattery’s valid intellectual and proprietary property rights in the services and Content and that your use of the services is limited to the access, viewing and downloading of Content, all solely as authorized by Noble Manes Cattery. Nothing in these Terms of Use shall be deemed to convey to you any right, title or interest in or to the services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use the services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the services or Content, or (iii) any advertisement on the services and/or within Content.
Information posted on a Noble Manes Cattery website, and accessible to members of the public, may be copied, provided that it (as outlined in our URL Linking Policy):
(a) is in accordance with any limitations specified by this policy, including, but not limited, those contained in the “Linking TO Noble Manes Cattery Websites” section;
(b) is not presented in a misleading way, and
(c) is not construed to be endorsed by Noble Manes Cattery.
Entities or individuals that copy and present Noble Manes Cattery information must identify the source of the content, including the:
(a) URL for the content or nearest entry point leading to the content if a URL is not available, and
(b) date the content was copied.
Entities or individuals that copy and present Noble Manes Cattery information on their websites must accompany that information with a statement that neither the entity or individual nor the information, as it is presented on its website, is endorsed by Noble Manes Cattery.
(a) To protect the intellectual property of Noble Manes Cattery, copied information must reflect the copyright, trademark, service mark, or other intellectual property rights of Noble Manes Cattery whose protected information is being used by the entity or individual.
(b) To protect the intellectual property of third-party data, copied information must reflect the copyright, trademark, service mark, or other intellectual property rights of the third-party whose protected information is being used by the entity or individual. Noble Manes Cattery will also have a discloser on the page where third-party data is located indicating the owner of the data.
See our URL Linking Policy for terms applicable to use of links to the services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the services or its servers and infrastructures. You may not, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the services or Content, whether or not for profit.
To the extent that Noble Manes Cattery makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality
3. Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Noble Manes Cattery that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
(a) Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
(b) Download, copy or transmit any Content for the benefit of any other merchant;
(c) Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Noble Manes Cattery or generally publicly available browsers;
(d) Frame, mirror or use framing techniques on any part of the Site without Noble Manes Cattery’s express prior written consent;
(e) Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) Use any meta tags or any other hidden text utilizing Noble Manes Cattery’s name or marks;
(g) Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
(h) Use a buying agent to conduct transactions on the Site;
(i) Conduct fraudulent activities on the Site;
(j) Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Noble Manes Cattery Site) or to the Site (impersonating another user);
(k) Send unsolicited or unauthorized email on behalf of Noble Manes Cattery or any Noble Manes Cattery Partner, including promotions and/or advertising of products or services;
(l) Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
(m) Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(n) Harvest or collect personally identifiable information about other users of the Site;
(o) Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
(p) Use the Site to advertise or offer to sell or buy any goods or services without Noble Manes Cattery’s express prior written consent;
(q) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
(r) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
(s) Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
4. Access to the Site and Availability of Services
The Site and services are intended for use by users who are over the age of 13 and reside in the United States, its territories and possessions (“U.S.”) or those outside of the U.S. that consent to use the services in accordance with U.S. laws, this Terms of Use and our Privacy Policy. By using or attempting to use the Site or services, you certify that you meet any other eligibility and residency requirements of the Site.
Noble Manes Cattery may change, suspend or discontinue any aspect of the Site or services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Site and services. The Site and services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from Noble Manes Cattery. Noble Manes Cattery reserves the right to change the nature of this relationship at any time.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our services or this Terms of Use.
5. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
If you establish an account with Noble Manes Cattery, you agree to provide true, accurate and current data in connection with that account. Any usernames and passwords used for this Site or services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify Noble Manes Cattery of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Site and/or services may include social networking features and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the services. If you don’t want your activities to be shared, your only option is to deactivate the related account.
6. Digital Items, Subscriptions and Credits
Purchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspended or terminate the rights we grant you to usage subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
We do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside our outside of the services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
7. Tangible Items, and User Transactions
If you wish to purchase any product or service made available through the Site including items sold by Noble Manes Cattery and items sold by a Noble Manes Cattery Storefront Partner (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Noble Manes Cattery the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Noble Manes Cattery reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Noble Manes Cattery or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
Limitations on Quantity
Noble Manes Cattery does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Noble Manes Cattery reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
Colors
Noble Manes Cattery strives to display as accurately as possible the colors of the products shown on the Site; however, Noble Manes Cattery cannot and does not guarantee that your monitor’s display of any color will be accurate.
Availability, Errors & Inaccuracies
If an item is out of stock, Noble Manes Cattery or a Noble Manes Cattery Partner, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Noble Manes Cattery, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
Noble Manes Cattery’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Noble Manes Cattery makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by Noble Manes Cattery Storefront Partners. Noble Manes Cattery, or Noble Manes Cattery’s Partners, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. For items sold by Noble Manes Cattery, as part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Please see our Privacy Policy for more details. The Pricing Policy is incorporated into these Terms & Conditions in its entirety. Noble Manes Cattery Partners may have different shipping procedures and processes in place for item availability and price adjustments.
Healthcare and Veterinarian Information
HE INFORMATION CONTAINED IN THE HEALTH CARE PAGES OF THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A VETERINARIAN EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY VETERINARIAN PROFESSIONALS. TALK TO YOUR VETERINARIAN OR PHARMACIST BEFORE GIVING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR VETERINARIAN OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOUR ANIMALS. THE INFORMATION CONTAINED ON THE SITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR VETERINARIAN OR PHARMACIST.
Rules for Promotions
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
Returns
If you are not fully satisfied with your purchase of items sold by Noble Manes Cattery, you may return it in accordance with Noble Manes Cattery’s Return Policy. If you are not satisfied with your purchase of items sold by a Noble Manes Cattery Partner, you may return it to a Noble Manes Cattery Store or by mail in accordance with the Noble Manes Cattery Partner’s Return Policy. The Return Policy and each Noble Manes Cattery Partner’s Return Policy is incorporated into these Terms & Conditions in its entirety.
Text Messages
Your carrier’s standard message rates will apply to your entry or submission message, Noble Manes Cattery’s confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.
Noble Manes Cattery will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Noble Manes Cattery as part of this service. Noble Manes Cattery may use this information to contact you and provide services you request from Noble Manes Cattery. Noble Manes Cattery may also use this information as described in the subscription list you’ve enrolled in. Noble Manes Cattery may use an automatic dialing system to deliver text messages to you.
Maximum number of messages per month will vary based on the subscription list you’ve enrolled in. You can unsubscribe at any time by texting STOP to (661) 219-7335 (Noble Manes Cattery) and you will receive a text confirming that you have been unsubscribed for Noble Manes Cattery’s text message list. If you have questions, reply “HELP” to (661) 219-7335 (Noble Manes Cattery) or contact Noble Manes Cattery at (844) 662-6263.
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