Effective as of October 1, 2019
1. LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
2. USER OBLIGATIONS. By accessing or using the Site, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
3. ACCOUNT. You may be required to register to use certain features of the Site (e.g., purchasing products and services (referred to collectively herein as “Products”) from the Site). Each registration is for a single individual person only, unless otherwise expressly agreed upon by Full Moon. Registration for access to and use of the Site may also require access credentials, such as a password, or adherence to other particular access requirements as designated by Full Moon in its sole discretion from time to time. You hereby agree to consider your access credentials as confidential information and not to disclose such information to any third party without the prior express written consent of Full Moon, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of the Site, including being held responsible for any and all activity occurring through your user name and password (and the related account access). You shall immediately notify Full Moon if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and/or password. Full Moon reserves the right, at its sole discretion, to restrict or terminate your account for any reason.
4. SITE TRANSACTIONS. Full Moon reserves the right, without prior notification, to limit or cancel quantities purchased per person, per household or per order. Prices and availability of products on the Site are subject to change without notice. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Full Moon reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
5. ORDER ACCEPTANCE. Your order or your receipt of an electronic or other form of order confirmation does not signify Full Moon’s acceptance of your order, nor does it constitute confirmation of an offer to sell. Full Moon reserves the right, at any time after receipt of your order, to accept or decline your order, and to require additional verifications or information before shipping any order.
6. SUBSCRIPTIONS. By placing an order on the Site for a subscription, you agree that your subscription will automatically renew and your credit card will automatically be charged the subscription price according to the Order summary section on your Account page until you cancel your subscription. You can cancel or modify your subscription at any time from your Account Page.
7. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Full Moon transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Full Moon and its successors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. The Site is Copyright © 2013-2019 Full Moon and/or its licensors. All rights reserved. Full Moon also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. FULL MOON, FULL MOON PET, the Full Moon logo, and all other names, logos, and icons identifying Full Moon and its programs, products, and services are proprietary trademarks of Full Moon, and any use of such marks, including, without limitation, as domain names, without the express written permission of Full Moon is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
9. POSTINGS. The Site may contain blogs, message areas, and other interactive features, including through social networks, where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively herein as “Postings”). You agree that by using the Site you will not upload, post, display or transmit any of the following:
- anything that interferes with or disrupts the Site or the operation thereof, • anything that is contrary to the interests of Full Moon,
- anything that harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- anything which violates any law,
- anything that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Full Moon,
- anything that misrepresents your affiliation with any entity and/or Full Moon,
- anything that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and
- anything that is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Site.
Full Moon reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting. Further, Full Moon shall not have any obligation to incorporate or utilize any Posting that does not correspond to or meet Full Moon’s technical or usage practices, parameters, and limits.
10. PERMISSION TO USE POSTINGS. By submitting any type of Posting, you automatically grant Full Moon a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Full Moon, and you also acknowledge that such Postings are non-confidential for all purposes and that Full Moon has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site, particularly through a Full Moon on-line social media page operated by a third party network provider, Full Moon has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Full Moon assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
11. NO PRE-SCREENING OF POSTINGS. Full Moon is not responsible for pre-screening or editing your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Postings. Moreover, Full Moon does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. Nevertheless, Full Moon reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Postings (or parts thereof) that Full Moon reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of Full Moon, its users, or the public, or (vi) that Full Moon believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to Full Moon, its services, or goodwill. If you violate this TOU, Full Moon may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site.
12. DMCA TAKEDOWN POLICY. It is Full Moon’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). Full Moon respects the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the online services provided by Full Moon may contact Full Moon through their authorized agent and request that the infringing material be removed or access to it blocked. Full Moon’s designated “Agent for Notice” of claims of copyright infringement can be reached as follows: ASST GENERAL COUNSEL; DMCA@perdue.com; 410-341-2191.
Proper notification of copyright infringement must be sent to Full Moon’s Agent for Notice (as designated above) and must include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Full Moon to locate the material;
- information reasonably sufficient to permit Full Moon to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to Full Moon. Full Moon will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.
13. LINKS TO OTHER SITES. Full Moon may provide links, in its sole discretion, to other sites or on-line social media pages, including to online retailers, for your convenience in locating or accessing related information or buying Full Moon products. These sites or pages have not necessarily been reviewed by Full Moon and are maintained by third parties over which Full Moon exercises no control. Accordingly, Full Moon expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
14. DISCLAIMER. THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE. FULL MOON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, SUITABILITY, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
15. LIMITATION OF LIABILITY. You expressly absolve and release Full Moon from any claim of harm resulting from a cause beyond Full Moon’s control. MOREOVER, IN NO EVENT SHALL FULL MOON BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF FULL MOON FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FULL MOON IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
16. GOVERNING LAW. This TOU will be construed and enforced in accordance with the laws of the State of Maryland. Any action to enforce this TOU will be brought in the courts presiding in the State of Maryland, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts.
17. ENFORCING SECURITY ON THE SITE. You may not use the Site or any of Full Moon’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Full Moon data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Full Moon system or network, circumventing any Full Moon security or authentication measures, monitoring Full Moon data or traffic, interfering with any Full Moon services, collecting or using from the Site email addresses, screen names, or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Full Moon or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Full Moon reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. Full Moon will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Full Moon reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site or Full Moon.
18. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Full Moon, such injury would not be quantifiable in monetary damages, and Full Moon would not have an adequate remedy at law. You therefore agree that Full Moon shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Full Moon post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Full Moon to enforce any provision of this TOU.
20. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Full Moon of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
22. CONTACT INFORMATION. If you have questions regarding the Site or if you are interested in obtaining more information concerning Full Moon or permission to use any Full Moon content, please contact Full Moon at Arthur Pet Products, P.O. Box 1368, Kings Mountain, NC 28086, or at 1-888-970-FULL (3855).