Terms and Conditions of Use
Last Modified: 02/28/24
Welcome to the FYI Pets website, www.fyipets.com (which we refer to as the “site,” which term also refers to any content, functionality, and services offered on or through the site). The term “content” refers to information presented on the site, and includes text, data, graphics, images, photographs, video, audio, information, and other information.
These Terms and Conditions of Use (these “terms”) are in place to govern your use of, and access to, the site. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site. “We,” “us,” “our,” and “FYI Pets” refer to FYI Pets, L.L.C.
ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or using the site, you are creating a binding contract between you and FYI Pets, and you acknowledge that you have read, understood, and agreed to be bound by these terms.
We may make changes to the site or these terms at any time. It is our practice to post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You will be able to determine when these terms were last updated by referring to the date at the top. You understand and agree that your continued access to or use of the site after any posted modifications to these terms indicates your acceptance of the modifications, even if you did not take the time to read them.
If you do not agree to these terms or to any other policy posted on the site, you should not access or otherwise use the site.
2. ABOUT THE SITE
The site is an online service provided by FYI Pets that provides curated links to stories about pets and animals worldwide, as well as digital advertising space to advertisers and other ad partners looking to distribute relevant ad content on the site to the users who interact with our site.
The content we provide is for informational purposes only, and is intended for your information and entertainment. It is important to note that we post content created by third parties, which has been chosen based on our understanding that it may be of interest to our users. Our site is not intended to be used to provide pet behavioral, veterinary, adoption, care, or other advice, and FYI Pets does not endorse or recommend any adoption facility, veterinary professional, pet store, pet supply store, or other animal or animal care provider, or any particular course of action with respect to animal ownership or care. Instead, we offer access to information provided by third parties, which we curate and provide links to as a convenient, consolidated source of information for our users.
The content and other information made available on and through the site may include statements of opinion, which are not statements of fact or recommendations. You should obtain any additional information that you feel is necessary to make an informed decision prior to acting on any information contained on the site.
FYI Pets does not, and has no obligation to, have any content that we provide on or through the site reviewed or verified. We do not guarantee the timeliness, accuracy, or completeness of any content, and we will not be responsible to you for any errors or omissions or for the results obtained from your use of any content.
FYI Pets makes make no guarantees, representations, or warranties (express or implied) with respect to any content provided on or through the site.
3. LINKS TO OTHER WEB SITES
As noted above, our site provides curated headlines with links to stories, content, and information provided by third parties. In addition, we provide digital advertising space to third party advertisers and ad partners. Accordingly, the site provides links to web pages, web sites, and various resources or locations on the web (collectively, “Third Party Sites”). Links to Third Party Sites are provided only for the convenience of users of the site. We do not operate, control, endorse, or guarantee any Third Party Sites. When you access any Third Party Site through a link posted on the site, please carefully read the terms and conditions of use, privacy policy and other policies of such Third Party Site. Our site terms and other policies do not apply to any Third Party Site.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
4. SITE USE REQUIREMENTS
You agree not to engage in any unacceptable use of the site. You understand and agree that the site and all content are to be used only for your personal, non-commercial use. Without limiting that general statement, you agree that you will not:
Accumulate or index, directly or indirectly, any content or portion of the site for any purpose whatsoever;
Use the site to compile mailing lists or other lists to be used for commercial purposes;
Use the site to establish independent data files or otherwise amass statistical information;
Use the site in violation of any applicable laws or regulations;
Copy, reproduce, publish, display, or otherwise distribute in any medium any information contained on the site, and/or summaries or subsets thereof, to any person or entity;
Make use of any content provided on or through the site in any manner that infringes our rights or any third party’s rights, including copyrights or other intellectual property rights (including by creating derivative works of our otherwise exploiting any site content), including through use of any machine learning and/or artificial intelligence model or tool;
Otherwise use the site to take any action intended to or that may harm FYI Pets or any third party or interfere with our site; or
Otherwise use FYI Pets for any purposes other than those intended by FYI Pets, as determined by FYI Pets in our sole discretion.
We reserve all rights to monitor the site for any reason, including to evaluate whether any use of the site is, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability to you or any other person arising from your use of the site. We are under no obligation to enforce these terms on your behalf against another user. You understand that by using the site, you may be exposed to content that may offend you. Your sole remedy is to avoid such content.
We may take steps suspend or terminate your access to the site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms.
5. E-MAIL
We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when you sign up for our newsletter or use a “Contact Us” or any similar features of the site, you grant us permission to communicate with you by e-mail for any purposes related to your use of the site, including for any disclosures, system messages and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
6. INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the site domain and layout, as well as any original content we may post or provide, which are protected by applicable intellectual and proprietary rights and laws.
All curated content we post via links to news and stories is owned and hosted by the original Third Party Site, and all such content is subject to the ownership and intellectual property rights of the applicable authors, photographers, artists, and other creators. All content posted by third party advertisers and other ad partners is the property of the applicable advertiser/ad partner.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content without our prior express written consent. You are permitted to use view, print, or download any content from the site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license solely to view, print, and download content from the site solely for such limited permitted personal use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site).
“FYI PETS” and all related names, logos, products and service names, designs and slogans are trademarks of FYI Pets, L.L.C. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using the names "FYI Pets”, "www.fyipets.com” or any other colorable equivalent without our prior written authorization.
You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
Just as FYI Pets requires users to respect our intellectual property rights, and those of our affiliates and partners, we respect the rights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization or in a way that infringes on a copyright, please notify us at info@fyipets.com.
7. INDEMNITY
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, your violation of these terms, or your violation of any rights of any third party.
8. DISCLAIMER
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY LAW WE MAKE NO PROMISE AS TO THE SITE, OR THE CONTENT, THEIR COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY. YOUR ACCESS AND USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
9. LIMITATIONS ON LIABILITY
FYI PETS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. FYI PETS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY FYI PETS OR BY AN AUTHORIZED FYI PETS REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE.
YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY WILL NOT EXCEED US$100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. PRIVACY NOTICE
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Notice, for more information on the collection and use of information on the site. The Privacy Notice is incorporated into these terms, and therefore applies to your access to and use of the site.
11. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the City of Chicago, State of Illinois. YOU AND FYI PETS HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
12. ADDITIONAL LEGAL TERMS
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
If any provision of these terms is held to be unenforceable, this holding will not affect the validity of the other provisions.
These terms are for the benefit of us, our affiliates and licensors, and each will have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of these terms will not be considered a waiver of any provision or right, which will continue to be available to us.