MYCRITTER.COM

This Agreement sets forth the terms and conditions that govern your use of the mycritter.com web site. As you will notice, the "Agreement" attempts to "set forth (yada yada)" the rules of the road in as confusing and pleonastic a manner as can be effected by the prose of mortals. This blither-blather is long and unreadable, and is meant to scare the dickens out of you so that you don't violate the few basic rules we think are important. To summarize, don't hack us, don't steal ideas or code from us, don't be a jerk to others, and for goodness sake please be mindful that lots of little kids are here to find a pet to love and cherish. Try to remember that when you start thinking of lacing your bulletin board posts with obscenities and naughty links and etc. If we catch you doing that sort of junk, we will do our very best to make your life as miserable as legally possible. But on to the frightening legal prattle!

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. MYCRITTER.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and, Idea Submissions.

Domestic and International copyright and trademark laws protect the entire contents of the mycritter.com web site. The exclusive and sole owner of the intellectual property, copyrights, and trademarks is The Chiron Group, Inc. EXCEPT AS INTENDED FOR PURPOSES OF POSTING FLYERS OF MISSING PETS, OR IN THE CASE OF THAT INFORMATION WHICH HAS BEEN POSTED FOR PUBLIC USE BY MYCRITTER.COM MEMBER USERS, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, HACK, DEFACE, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE PROPRIETARY MATERIALS ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE CREATED BY MYCRITTER.COM. Or as we like to put it, be nice. Be considerate. We've worked hard on this, we do this with the intent of benefitting both humans and animals, and on top of all that, we don't really have time to hunt you down. Although we will make time if you really rub us the wrong way.

You may print and download portions of material from the different areas of the mycritter.com web site for your own non-commercial use provided that you agree not to change or delete any copyrighted or proprietary notices from the materials. You agree to grant to MYCRITTER.COM a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, classified listings, comments, and articles) or by e-mail to MYCRITTER.COM administration by all means and in any media now known or hereafter developed. You also grant to MYCRITTER.COM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto (we'll ask before we use your full legal name though!). You agree that you shall have no recourse against MYCRITTER.COM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MYCRITTER.COM.

If you believe that content appearing on the web site constitutes copyright infringement of another party's rights, please LET US KNOW. This most specifically applies to articles posted by member users - we make it quite clear to follow what we all learned when we wrote our first essay in third grade - don't plagiarize. But since some of our best historians have tripped on this in recent years, it is possible a member user may violate this rule. While MYCRITTER.COM, per these terms of usage and common sense, claims no responsibility for the actions of member users who violate policy or laws outside of our specific conditions here included, we will make every effort to remove any data or content protected by copyright and posted without consent of the owner and/or creator or author.

2. Trademarks.

The Chiron Group, Inc, MYCRITTER.COM, and/or any other names of MYCRITTER.COM its web sites, seminars, conferences, events, trade shows, publications, products, contents or services referenced herein or on the mycritter.com domain are the exclusive trademarks or service marks of MYCRITTER.COM, including the "look" and "feel" of the mycritter.com web site, color combinations, layout, and all other graphical elements. But hey, let's be honest here, we're talking THE INTERNET and anyone with a browser can save off half our web site with a couple of mouse clicks. In fact, we welcome newbies learning HTML to grab our junk and play with it - just please don't make a mirror of our site or sell its design for profit - and stay paws-off regarding our logo, eh? Again, vague legal threats aside, we want you to enjoy this site. If combing our HTML gives you the warm fuzzies, have at it - but again, not to the point you try to be another "us" or resell anything we created for your own personal gain or that of any other third party. And no back to the vague legal threats... Any use of MYCRITTER.COM's trademarks is strictly prohibited without the express permission of MYCRITTER.COM administrators (just ask, I bet we say yes).

3. Use of the Site.

In case you didn't realize, we don't own the Internet (there, we saved you a bunch of dictionary time and boring reading). Except for stuff we shamelessly plug to gain revenue (nothing for now), all information, products, or services offered through the MYCRITTER.COM web site or on the Internet generally are offered by third parties that are not affiliated with MYCRITTER.COM. You also understand that MYCRITTER.COM cannot and does not guarantee or warrant that files available for downloading through the web site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. So like, watch yourself - we'll do our best, and be sure to report anything suspicious, but we go with a lot of trust here so far... You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the web site for the reconstruction of any lost data. May we suggest a pencil, some paper, a fire safe, and a bank box?

MYCRITTER.COM offers a search feature within the MYCRITTER.COM web site (sometimes it even works as intended!) MYCRITTER.COM explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. MYCRITTER.COM also disclaims any responsibility for the completeness or accuracy of any directory or search result. That goes double until we work the bugs out.

In connection with your use of the Site, you agree you will not:

a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that may invade another's right of privacy or publicity;

b) Impersonate any person or entity, including but not limited to: a MYCRITTER.COM official, administrator, forum moderator, guide, or host - nor falsely state or otherwise misrepresent your affiliation with a person or entity (that goes for your member profile please - don't claim you belong to or work at a certain institution unless you do, huh?);

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as copyrighted materials yo might be tempted to toss into articles or bulletin board posts);

d) Post or transmit any Material that contains a virus (or worm, etc) or corrupted data;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the MYCRITTER.COM web site's communication features in a manner that adversely affects the availability of its resources to other users (e.g. don't spam, don't post the same thing more than once, don't fake interest in pets, don't cut-n-paste a Tolstoy novel into an article, etc - use your head!);

g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other data that is not directly or indirectly related to the purpose of MYCRITTER.COM, which to reiterate, is in essence to connect pets in need of a home with suitable owners. If you just have to boast about your new doggie door on the bulletin boards, well, power to you. But again, please use common sense. This site is not intended to be your personal "used guitar" auction house, so please "keep it real" for everyone's benefit.

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity;

k) Manipulate or otherwise display the MYCRITTER.COM web site by using framing or similar navigational technology (this is a general notice to those individuals who might attempt this sort of thing without asking first - we actually have a plan that will allow shelters, rescues, and other such organizations with many concurrent listings the ability to do just that!), or

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any MYCRITTER.COM product or service if you are not expressly authorized by such party to do so.

And now for something completely... similar!

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MYCRITTER.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MYCRITTER.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. MYCRITTER.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. BUT LIKE WE SAID BEFORE, REPORT IT IF YOU SEE AN OFFENSIVE COMMENT OR PHOTOGRAPH, AND WE WILL REVIEW THE DATA - IF WE DETERMINE IT TO BE GENERALLY OFFENSIVE, IT WILL BE REMOVED AT OUR EARLIEST CONVENIENCE, AND THE PARTY RESPONSIBLE WILL BE SUBJECT TO ARBITRARY RULING BY OUR ADMINISTRATORS, UP TO AND INCLUDING DENIAL OF FUTURE USE UNDER THAT MEMBER ACCOUNT OR, IF REQUIRED AND/OR DEEMED EGREGIOUS, FULL LEGAL ACTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL MYCRITTER.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MYCRITTER.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MYCRITTER.COM'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. WE'LL BE TROTTING OUT THIS PAGE IF YOU COME AFTER US THOUGH!

4. Equipment.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the web site and all charges related thereto. Or to put it another way, we are not responsible to pay anything to you, no matter what.

5. Indemnification and Reservation of Rights.

You agree to indemnify, defend and hold harmless MYCRITTER.COM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the MYCRITTER.COM web site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the web site.

MYCRITTER.COM reserves the right to release current or past member or web site user information if MYCRITTER.COM believes that a member's account is or was being used to commit unlawful acts, and/or if the information is subpoenaed and/or if MYCRITTER.COM deems it necessary and/or appropriate.

6. Third Party Rights.

The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of MYCRITTER.COM and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the web site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7.Term; Termination.

Either party without notice may terminate this Agreement at any time for any reason. Certain provisions regarding copyright, licenses and idea submissions as well as use of the site, indemnification, third-party rights plus section 11 below, Miscellaneous, shall survive any termination of this Agreement by either party.

8. Special Admonitions for International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. For example, don't post the complete technical specifications for the creation of a nuclear-powered "doom gerbil" on the MYCRITTER.COM web site.

9. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party (including other visitors or member users) found on or through the MYCRITTER.COM web site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MYCRITTER.COM shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. So for example, if Fido gets lost in the mail but your check clears, don't come running to us.

10. Links.

The MYCRITTER.COM domain may provide, or third parties may provide, links to non-MYCRITTER.COM Internet World Wide Web (WWW) sites or resources. Because MYCRITTER.COM has no control over such sites and resources, you acknowledge and agree that MYCRITTER.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MYCRITTER.COM shall not be responsible or liable, 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 such content, goods or services available on or through any such site or resource.

11. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the State of Colorado, United States applicable to agreements made and to be performed in the State of Colorado, United States. You agree that any legal action or proceeding between MYCRITTER.COM and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Denver, State of Colorado, United States.

Any cause of action or claim you may have with respect to the MYCRITTER.COM web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MYCRITTER.COM's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MYCRITTER.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

And that about does it!