26 May 2009

Pawz Lawz Legal Page

Posted in: Uncategorized — Tigger the Terror @ 6:49 pm

Pawz Lawz

This page written by the legal department.

The views of our guests, affliates, listeners, and sponsors do not necessarily reflect the views and opinions of The Pawz Cauze Show or Rev. Dr. Leigh Foster (DJ Ice). All information contained in our sites is intended for educational purposes only. It is not provided in order to diagnose, prevent or treat any disease, illness or injured condition of the body of humans or pets and the author, publisher, and contributors accept no responsibility for such use. Anyone or their pets suffering from any disease, illness or injury should consult with their physician or veterinarian. The ONLY essential oils we use and refer to in ALL our posts, articles, live interviews, shows and podcasts are Young Living Essential Oils. We DO NOT use any other brands and would never condone the use of other brands on humans or animals, especially on cats. The statements herein have not been evaluated by the Food and Drug Administration and the AVMA (American Veterinary Medical Association) or any other FDA health accrediation organization.

We accept no responsibility for your use of any contributed information contained herein. All of the information presented in The Pawz Cauze Show or on any of our sites is published in good faith. Any comments stated on any of our sites, blogs, shows or podcasts are strictly the opinion of the writer, publisher, host, guest or speaker.

We reserve the right to edit and make suitable for publication, if necessary, any articles or content published on any of our sites, blogs, shows or podcasts. We reserve the right to publish any part of or all of the reader comments, including the name of the submitter.

This work is licensed under a Creative Commons License.

TERMS OF USE:

Welcome to The Pawz Cauze Show site. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Pawz Cauze Show’s relationship with you in relation to this website.

The term “The Pawz Cauze Show”, “Cat-n-Scratch“, “Foster’s Forum“, “Rev. Dr. Leigh Foster“ or “us” or “we” refers to the owner of the website whose registered office is 211 W Page, Rose City, MI 48654 and 111 S. Vine, Arlington, KS 67514. The term “you” refers to the user or viewer of the website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and educational use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements or needs.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, content and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website and are used with permission from the original creator.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without [business name]’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America and the State of Michigan and Kansas.
All music and graphics on this website are supplied by the artists or musican and are used with the explicite written permission of the owners. You may not use or duplicate the music or graphics without explicit written permission from the artist or musician of the said items.

1. DESCRIPTION OF SERVICE:

Foster’s Forum operates the ThePawzCauze.net web site (the “Site”) to offer you access to podcasts, nutritional consultations, nutritional supplements, herbs, natural health products, books, and CDs for you and your pets. These products have been developed for you by Foster’s Forum or distributed by Foster’s Forum for you and animals. Use of the Site is governed by this agreement (this “Agreement”) and the terms of service (“TOS”) described herein.

2. ACCEPTANCE OF TERMS OF SERVICE:

When desiring a nutrition or holistic care consultation you must first request the form via email (fosters211@m33access.com with the words “consultation” in the subject line), fill it in and email it back to us. You may also make a request via mail by sending a self-addressed stamped envelope and your request for the proper form to: Rev. Dr. Leigh Foster, 111 S. Vine, Arlington, KS 67514. Once that form is filled in, we will then determine, at that time, if we are able to help you with your pet or your personal needs. Rev. Dr. Leigh Foster works with all types of animals both wild and domestic and supplies grief counseling as well as other spiritual counseling as needed. Please request the proper form (wildlife rescue help, domestic pet help, personal help) when contacting us. We do not diagnose, treat or prescribe nor do we tell you what you should or should not do as regards your pets’ diagnosis or prescription from your veterinarian or in the way of your personal emotional, spiritual, or physical health. Our service is solely to help inform you so YOU can make the decision for your pets as regards their health and care or for yourself in regards to personal care. You agree to these terms when you request the form.
3. FEES AND PAYMENTS/LIMITED ACCESS TO THE SITE:

The Pawz Cauze Show, Cat-n-Scratch, Foster’s Forum, or any sites owned by Rev. Dr. Leigh Foster do not currently nor will ever impose fees for access to these Sites.

No fee will be charged to you unless you have agreed in advance to pay the fee for your specific purchase or for a consultation.

4. PERMITTED USES AND RESTRICTIONS ON USE OF CONTENT/COPYRIGHT:

Whenever used in this Agreement, the term “Content” shall mean any and all articles, databases, software, books, magazines, photographs, images, graphics, illustrations, audio, video, and any other content that is offered to you by or through the Site.

Content available through the Site originates from Foster’s Forum, The Pawz Cauze Show, Cat-n-Scratch, and a variety of third party providers. In order to protect and preserve our copyrights and other intellectual property rights in their respective Content, you agree to the following with respect to any specific item of Content that you license or that is otherwise made available to you through the Site:

You will abide by all copyright notices and copyright directives relating to or provided with the Content.
You will not, directly or indirectly, reproduce, copy, transmit, distribute, display, publish or print any Content in any form or medium or (ii) sell, loan or license any Content.
You will not, in whole or in part, modify, adapt, transform, translate or create any derivative work based on the Content in a manner that would infringe any person’s copyright or other proprietary rights therein.
You will not remove any copyright notice from the Content.

5. DISCLAIMER OF WARRANTIES:

YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PAWZ CAUZE SHOW, CAT-N-SCRATCH, FOSTER’S FORUM, OR REV. DR. LEIGH FOSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE PAWZ CAUZE SHOW MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY PERSON WILL ACHIEVE A DESIRED RESULT OR RESULTS FROM THE USE OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REV. DR. LEIGH FOSTER OR THROUGH OR FROM THE SITE OR ANY SITE OWNED AND OPERATED BY REV. DR. LEIGH FOSTER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
WE ARE NOT RESPONSIBLE FOR THIRD PARTY SITES AND CLAIMS MADE ON ANY SITES LINKED TO THOSE OWNED AND OPERATED BY REV. DR. LEIGH FOSTER; NOR ARE WE RESPONSIBLE FOR ANY PRODUCTS PURCHASED FROM THIRD PARTY ADVERTISEMENTS OR LINKS.

6. LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PAWZ CAUZE SHOW, CAT-N-SCRATCH, FOSTER’S FORUM, REV. DR. LEIGH FOSTER, OR OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REV. DR. LEIGH FOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME. IN ADDITION, THE AGGREGATE AMOUNT OF THE PAWZ CAUZE SHOW OR REV. DR. LEIGH FOSTER’S LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO REV. DR. LEIGH FOSTER OR ANY SITES MEANTIONED ABOVE UNDER THIS AGREEMENT OR THROUGH THE SITE, IF ANY.

7. EXCLUSIONS AND LIMITATIONS:

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

8. WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE:

In consideration of your being permitted to use the Site, and natural pet/human health information (as defined below), you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors and assigns, hereby agree to release The Pawz Cauze Show, Cat-n-Scratch, Foster’s Forum, and Rev. Dr. Leigh Foster and its past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns (and their respective past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns) (each, a “Released Party”) from any and all liability for injury, death, damage, cost, expense and other loss suffered or incurred by you as a direct or indirect result of your use of any information or product (collectively, “natural pet/human health Information”) that is, directly or indirectly, available from or through the Site at any time.

In further consideration of your being permitted to use the Site and the natural pet/human health Information, you hereby agree that you will not, at any time hereafter, commence, maintain, prosecute, participate in as a party, or permit to be filed by any other person on your behalf, any action or proceeding of any kind, judicial or administrative, in any court or agency against any Released Party with respect to any act, omission, statement, information, transaction or occurrence that relates, directly or indirectly, to your use of the Site or the natural pet/human health Information at any time.

You understand and agree that you should consult with your veterinarian or health care professional (i) before utilizing any of the holistic pet/human health information and (ii) during the course of your use of the holistic pet/human health information if you have any concerns or questions about the impact of such use on you or your pet(s) medical condition. You acknowledge and agree that you are not relying, and will at no time rely, on any Released Party to provide you with medical advice of any kind (including advice pertaining to your use of the holistic pet/human health information), or to advise you of the medical risks for you or your pet associated with your use of the holistic pet/human health information. You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of the holistic pet/human health information and that you will not sue any Released Party based on such information or advice.

You acknowledge and agree that the release, waiver and covenant not-to-sue contained herein is intended to be as broad and inclusive as permitted by the laws of Michigan and Kansas and agree that if any portion is held invalid, the remainder of this release, waiver and covenant not-to-sue will continue in full legal force and effect.

You acknowledge and agree that you have read this release, waiver and covenant not-to-sue and fully understand that by agreeing to this Agreement, you are giving up legal rights and/or remedies that may be otherwise be available to you.

9. LINKS:

The Site from time to time may contain links to and from various third party sites on the World Wide Web. You acknowledge that such third party sites are completely independent of the Site and that The Pawz Cauze Show, Cat-n-Scratch, Foster’s Forum and Rev. Dr. Leigh Foster has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site. If you have any questions or concerns about such third party sites, you should contact the site administrator or web-master of the third-party site.

10. COMMUNITCATIONS:

The Pawz Cauze Show, Cat-n-Scratch, Foster’s Forum, and Rev. Dr. Leigh Foster (referred to as “We”)reserves the right to provide you with information about products and services from our pet and human health and education line. We also reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.

11. COMPLIANCE WITH LAW/U.S. AND INTERNATIONAL:

In view of the global nature of the World Wide Web, you agree to comply with all local laws, rules and regulations, including those governing your use of Content and on-line conduct. Specifically, but without limitation, you shall comply with all applicable laws, rules and regulations regarding the transmission of technical data and software exported from the United States or the country in which you reside.

You hereby agree to indemnify, defend and hold harmless Foster’s Forum, The Pawz Cauze Show, Cat-n-Scratch, and Rev. Dr. Leigh Foster, its subsidiaries, affiliates, employees, agents, co-branders and other partners (collectively, the “Indemnified Parties”) from and against any and all liability, damage, cost and expense (including reasonable attorneys’ fees) incurred by the Indemnified Parties (or any of them) in connection with any claim arising out of or relating to (i) your use of the Site or any holistic health information, (ii) a breach by you of any of your representations, warranties or covenants in this Agreement, (iii) your connection to the Site or (iv) any violation of the TOS by you. You agree to fully cooperate in the defense of any such claim.

**NOTE: this document was supplied by the legal department. Any similarities to any other web sites, claims, sections, pages, recorded or printed materials are completely coincidental. The Pawz Cauze Show, Cat-n-Scratch, Foster’s Forum, Rev. Dr. Leigh Foster, affiliates, associates, and third parties associated with this site can not and will not be held responsible for these similarities.