PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Web site, you agree to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, please exit this site.

We may revise and update these Terms and Conditions of Use at any time. Your continued usage of the Pets’ Spark™ Web site (“Pets’ Spark™ site” or the “Site”); will mean you accept those changes.

INFORMATION/CONDITIONS
The contents of the Pets’ Spark™ Site, such as text, graphics, images, information, and other material contained on the Site (“Content”) are for informational purposes only. While there may be information on this Site related to certain conditions and the treatment of such conditions, the information provided is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian with any questions or concerns you may have regarding a medical condition or before using any product discussed within this, or any other, Site.
Reliance on any information provided by or through this Site is solely at your own risk.

USE OF CONTENT
The Content is protected by copyright laws, trademark laws, and all other applicable laws. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate certain laws, including laws protecting intellectual property rights.

MARKETING TOOLS ONLY
See bellow from paragraphs I to XIX.

PRIVACY
Please refer to the Privacy Policy contained on this Site for information on what, if any, personal information is collected from you and how such information is protected.

THIRD PARTY WEB SITES
The Pets’ Spark™ Site contains links to other third party Web sites. We assume no responsibility for the content of third party sites to which we provide links. We do not recommend or endorse the content of any third party sites. Any third party sites are governed by their own privacy policies and terms of use which are displayed and available on their own respective Web sites.

LIABILITY AND DISCLAIMER OF WARRANTIES
We have taken reasonable measures to ensure that the information provided on this Site is reliable. However, by using this Site you accept the information, products and services provided or mentioned on this Site “AS IS.” WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. We make no express or implied warranty regarding the accuracy, content, completeness, and reliability, timeliness of the content, links, or communications provided on or through the use of this Site.
We, or any third party mentioned on its Site, shall not be liable for any damages of any kind resulting from the use of or inability to use this Site or the Content, whether based on tort, contract, or warranty.

INDEMNIFICATION
Should you violate these Terms and Conditions of Use and such violation causes or is alleged to have caused harm to others, you agree to indemnify, defend, and hold harmless, the operators of this Site, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, demands, suits, losses, liabilities, including, but not limited to, reasonable attorneys fees and costs.

MISCELLANEOUS
These Terms and Conditions of Use are governed by the laws of the State of Florida, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute in any way relating to your use of the Pets’ Spark™ Site rests with the courts of the State of Florida, and you further agree and submit to the personal jurisdiction in such courts.
If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.
These Terms and Conditions of Use and the Privacy Policy constitute the entire agreement with respect to the use of the Pets’ Spark™ Site, its Content and the Pets’ Spark™ product.

I. MARKETING TOOLS: SHARED LICENSED MATERIALS
The materials that are the subject of this Agreement REFERRED AS “MARKETING TOOLS”, shall consist of Licensor’s WEIGHT/DOSE ELECTRONIC TABLE, Success Stories and the Beef Liver Dept. of Health Certificate & Laboratory Analysis as provided for on Petaware, LLC’s web site www.PetsSpark.com (hereinafter referred to as the "Shared Licensed Materials").
Licensor owns all right, title, and interest in and to the Shared Licensed Materials. Licensee acknowledges that any material derived from or incorporating the Shared Licensed Materials cannot be further copied, distributed, or otherwise exploited except as provided for in this Agreement or without the prior written approval of Licensor. The Shared Licensed Material is protected by United States and International copyright laws, trademark laws, and all other applicable laws.
Licensee and its Authorized Users acknowledge that the copyright and title to the Shared Licensed Materials and any trademarks or service marks relating thereto remain with Licensor and/or its suppliers. Neither Licensee nor its Authorized Users, who are described below, shall have right, title or interest in the Shared Licensed Materials except as expressly set forth in this Agreement.
Licensor hereby grants to Licensee non-exclusive, nontransferable use of the Shared Licensed Materials at the time of acceptance of this Agreement and the right to provide the Shared Licensed Materials to Authorized Users, who are described below, in accordance with this Agreement.

II. DELIVERY /ACCESS to SHARED LICENSED MATERIALS to LICENSEE
Licensor will provide the Shared Licensed Materials to the Licensee in the following manner:
Network Access: The Shared Licensed Materials will be stored at one or more Licensor locations in digital form accessible through Licensor’s website.

III. AUTHORIZED USE of LICENSED MATERIALS
Only the Licensee and those whose use of the Shared Licensed Material arises incidentally out of the Licensee’s Authorized Uses, described below, shall be an "Authorized User" under this MARKETING TOOLS Agreement. Authorized Users, besides the Licensee, are not granted any rights under this Agreement.
Authorized Uses: The Shared Licensed Materials may only be used by the Licensee for the sole purpose of promotion and sale of the product Pets’ Spark. An Authorized Use as described herein shall only be in the following manner:
Display: Licensee shall have the right to electronically display the Shared Licensed Materials.
Digitally Copy: Licensee may download and/or upload and digitally copy a reasonable portion of the Shared Licensed Materials.
Print Copy: Licensee may print a reasonable portion of the Shared Licensed Materials.
Electronic Links: Licensee may provide electronic links to the Licensed Materials from Licensee's web page(s). Licensee may make changes in the appearance of such links and/or in statements accompanying such links as requested by Licensor.
Caching: Licensee may make such local digital copies of the Shared Licensed Materials as are necessary to ensure efficient use of the Shared Licensed Materials for the purposes so defined herein.
If Licensee has need to make additional use of the Shared Licensed Material that is not specifically enunciated above, but is nonetheless specifically permitted by applicable Florida or other applicable law despite the restrictions above, Licensee agrees to immediately report such additional use to Licensor. At the sole discretion of the Licensor, at the time of such use, Licensor may deem the failure to report such use as a termination of this Agreement.

IV. SPECIFIC RESTRICTIONS on USE of LICENSED MATERIALS
Unauthorized Use: Except as specifically provided elsewhere in this Agreement, Licensee shall not knowingly permit anyone other than Authorized Users to use the Shared Licensed Materials.
Modification of the Shared Licensed Materials: Licensee shall not modify or create a derivative work of the Shared Licensed Materials without the prior written permission of Licensor.
Removal of Copyright Notice: Licensee may not remove, obscure or modify any copyright or other notices included in the Shared Licensed Materials.
Commercial Purposes: Other than as specifically permitted in this Agreement, Licensee may not use the Shared Licensed Materials for any other commercial purposes, including, but not limited to, the sale of the Shared Licensed Materials or bulk reproduction or distribution of the Shared Licensed Materials.
Web Address: Licensee will provide Licensor with the web address for all of Licensee’s website using the Shared Licensed Material. Further, Licensee will promptly notify Licensor of any new web address for Licensee’s website(s) and agrees to consent to all reasonable monitoring of the Shared Licensed Materials by Licensor.

V. TERMINATION
Termination of License: Licensor reserves the right to terminate this license at any time, with or without cause. Upon termination, Licensee will remove all Shared Licensed Materials from Licensee’s electronic displays, website(s), caches, etc. and will destroy all print copies, digital copies, etc. that Licensee has made of the Shared Licensed Materials.
Withdrawal of Licensed Materials: Without limiting the Licensor’s right of Termination of the License, Licensor also reserves the right to withdraw from the Shared Licensed Materials any item or part of an item at any time, with or without cause. Upon withdrawal, Licensee will remove all such withdrawn Shared Licensed Materials from Licensee’s electronic displays, website(s), caches, etc., and will destroy all print copies, digital copies, etc. that it has made of such withdrawn Shared Licensed Materials.

VI. LICENSEE’S PERFORMANCE OBLIGATIONS
Provision of Notice of License Terms to Authorized Users: Licensee shall make reasonable efforts to provide Authorized Users with appropriate notice of the terms and conditions under which access to the Shared Licensed Materials is granted under this Agreement including, in particular, any limitations on access or use of the Shared Licensed Materials as set forth in this Agreement.
Protection from Unauthorized Use: Licensee shall use reasonable efforts to inform Authorized Users of the restrictions on use of the Shared Licensed Materials. In the event of any unauthorized use of the Shared Licensed Materials by an Authorized User, (a) Licensor may terminate such Authorized User's access to the Licensed Materials, (b) Licensor may terminate the access of the Internet Protocol ("IP") address(es) from which such unauthorized use occurred, and/or (c) Licensee may terminate such Authorized User's access to the Shared Licensed Materials upon Licensor's request.
Confidentiality of User Data: Licensee agrees to maintain the confidentiality of any data relating to the usage of the Shared Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Shared Licensed Materials and may only be provided to third parties as defined in this Agreement.
Implementation of Developing Security Protocols: Licensee shall cooperate with Licensor in the implementation of security and control protocols and procedures as they are developed by Licensor during the term of this Agreement.

VII. LIMITATIONS
Disclaimers: Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Shared Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
Shared Licensed Materials provided “as is”: The Shared Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
LICENSEE’S DAMAGES: IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR OTHER DAMAGES SIMILARLY ARISING OUT OF ANY BREACH OF THIS LICENSE OR OBLIGATIONS UNDER THIS LICENSE.

VIII. INDEMNITIES
Licensee shall indemnify and hold Licensor harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise as a result of Licensee’s use of the Shared Licensed Materials, including, but not limited to, claims arising from Licensee’s use of any copyrights, trademarks, or other intellectual property not owned by Licensor, a breach or violation of the terms and conditions of this Agreement, etc. This indemnity shall survive the termination of this Agreement.

IX. ASSIGNMENT and TRANSFER
Licensee may not assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of Licensor.

X. LICENSOR’S REMEDIES
Injunctions: Licensee specifically acknowledges herein that Licensor may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by Licensee, Licensor shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, Licensee agrees that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in Florida State courts of record of competent jurisdiction in Miami Dade County, Florida. Licensee consents to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. Licensee agrees that service of any court paper may be effectuated on such party by mail or in such other manner as may be provided under the Florida Court’s applicable laws, rules of procedure or local rules.

XI. GOVERNING LAW
This Agreement shall be interpreted and construed according to, and governed by, the laws of the state of Florida and of the United States of America, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in Miami-Dade County, Florida shall have exclusive jurisdiction to hear any dispute under this Agreement, as provided for by law. Licensee consents to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. Licensee agrees that service of any court paper may be effectuated on such party by mail or in such other manner as may be provided under the Florida Court’s applicable laws, rules of procedure or local rules.

XII. ATTORNEY’S FEES
In the event of any litigation arising out of or connected with this Agreement, the prevailing party in such proceeding shall recover from the other party its reasonable attorney’s fees, costs and expenses incurred in such proceeding.

XIII. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

XIV. AMENDMENT
No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee.

XV. SEVERABILITY
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

XVI. WAIVER of CONTRACTUAL RIGHT
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

XVII. NOTICES
All notices given pursuant to this Agreement shall be in writing, must be non-electronically signed, and must be delivered to the addresses stated on each party’s website.

XVIII. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which will be considered an original, and all of which together will constitute one and the same instrument.

XIX. MISCELLANEOUS
Headings: The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

CLAIMS of COPYRIGHT INFRINGEMENT:
Pursuant to the Digital Millennium Copyright Act, notification of claimed copyright infringement which comply with the requirements listed in 17 U.S.C. § 512(c)(3)(A) should be directed to our registered copyright agent via mail, overnight courier service, facsimile, or e-mail to:
Petaware, LLC
169 NE 44th Street
Miami, FL 33137
or
Fax 305-675-8456
or
Legal@PetsSpark.com
The above e-mail address is for copyright matters only.

"This site is neither sponsored nor affiliated with I'm A Little Teacup and/or the Angels’ Eyes brand.”

Thank you for your anticipated cooperation with these Terms and Conditions of Use. Should you have any questions or comments regarding the Site, the Terms of Use, and/or the Privacy Policy, please contact us using the Contact Us Form.

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