This document provides notice of specific
legal obligations in connection with your
use of our Internet or "web"
sites (collectively, "Site"
or "Sites"). By using this Site,
you agree to be bound by our Legal Notices,
Conditions of Use, and Privacy Policy
(collectively, "Notices and Policies"),
in addition to other terms and conditions
that may appear throughout our Sites.
References to "PPI" in this
document mean Pinnacle Products International,
Inc., its affiliates, subsidiaries, divisions
and designees, and the Site owner, PetSmart
Store Support Group, Inc.
PPI reserves the right to make changes
to this Site and the Notices and Policies
at any time. Each time you use this Site,
you should visit and review the then current
Notices and Policies that apply to your
transactions and use of this Site. If
you do not agree to be bound by the then
current Notices and Policies, your sole
remedy is not to use this Site. PPI is
not responsible for typographical or photographic
errors on this Site.
Proprietary Rights and Trademarks
Site Downloads Restricted
Contributions to this Site
Applicable Law
Links to Third-Party Web Sites
Privacy, Security and Prohibited Content
U.S. Export Controls
Indemnity
Contact Us
PROPRIETARY RIGHTS AND TRADEMARKS
All Site content and collective work comprising
the Site, including information, articles,
data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds and
other artwork and material (collectively
"Content") is protected by copyright,
trademark, patent or other proprietary
rights under United States and/or international
laws and held by PPI and/or the original
creator of the material, including PPI's
suppliers and/or affiliates. These rights
are valid and protected in all forms,
media, and technologies existing now or
developed in the future.
PPI, , PINNACLEINT.COM, PROTEMP, TRUTEMP,
BIG COUNTRY BREEZE, HEAT STREAM and SUN-STREAM,
among numerous other trademarks used on
this Site, are registered to and/or otherwise
protected by PPI under United States,
Canada, and/or international intellectual
property laws. All trademarks, service
marks, logos, slogans, domain names, and
trade names are the property of their
respective owners and are licensed to,
or otherwise used with permission by PPI.
All intellectual property used on the
Site may not be reproduced, copied or
otherwise manipulated in any manner without
express, written permission of the owner.
PPI disclaims any proprietary interest
in intellectual property other than its
own.
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SITE DOWNLOADS RESTRICTED
You may only download Content displayed
on this Site for non-commercial, personal
use, provided you also retain all copyright,
trademark and other proprietary notices
contained in our Content. Do not alter
the Content, and do not copy or post the
Content on any network computer or broadcast
the Content in any media.
Except as expressly authorized herein,
or by an authorized representative of
PPI, or by license, PPI strictly prohibits
modifying, transmitting, distributing,
reusing, reposting, "framing"
or using the Content of this Site and
the Site servers, including the text,
images, audio and/or video for public
or commercial purposes. Downloading images
of products for sale within this Site
is strictly prohibited. You may not copy,
modify, remove, delete, augment, add to,
publish, transmit, participate in the
transfer or sale, lease or rental of,
create derivative works from, or in any
way exploit the Content of this Site,
in whole or in part.
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CONTRIBUTIONS TO THIS SITE
There are many opportunities to contribute
to this Site. By using this Site, you
agree that any information (except for
purchase information) you send to PPI
to contribute to this Site is not confidential.
This includes materials, suggestions,
ideas or comments you send to PPI or any
other third party using this Site. By
submitting any solicited or unsolicited
information using this Site, you grant
PPI an irrevocable and unrestricted license
to use, modify, reproduce, transmit, display
and distribute the materials, information,
suggestions, ideas or comments for any
purpose whatsoever to the extent permitted
by law.
PPI is not liable or responsible for
any content provided by its users or other
third parties for use on this Site. Contributions
to this Site by third parties do not necessarily
represent the view or opinions of PPI.
PPImay not preview user content before
it appears on this Site. Users can be
held liable for any illegal or prohibited
user content they provide to this Site,
including among other things, infringing,
defamatory or offensive materials. If
you discover this kind of material on
this Site, please promptly notify us at
webmaster@pinnacleint.com so that we may
investigate and take appropriate action.
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APPLICABLE LAW
This Site is created, operated and controlled
by PPI in the State of Pennsylvania, United
States of America. The laws of the State
of Pennsylvania will govern the Site without
giving effect to any principles or conflicts
of laws. See also Conditions of Use.
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LINKS TO THIRD-PARTY WEB SITES
This Site contains links to other sites
operated by third parties, including third-party
sites that display PPI trademarks ("Third-Party
Site(s)"). These links are available
for your convenience and are intended
only to enable access to these Third-Party
Sites and for no other purpose.
PPI does not warrant or make any representation
about the substance, quality, functionality,
accuracy, fitness for a particular purpose,
merchantability or any other representation
about any Third-Party Site or its content.
A link to a Third-Party Site from this
Site does not constitute sponsorship,
endorsement, approval or responsibility
of any such Third-Party Site. PPI makes
no representation or warranty as to any
products or services offered on any Third-Party
Site.
The conditions of use, legal notices
and privacy policy of any Third-Party
Site may differ substantially from the
Notices and Policies that apply to your
use of this Site. Please review the conditions
of use for all Third-Party Sites for more
information about the terms and conditions
that apply to your use of Third-Party
Sites.
By using this Site to search for or link
to a Third-Party Site, you agree and understand
that you may not make any claim against
PPI for any damages or losses whatsoever
resulting from your use of this Site to
obtain search results and/or to link to
a Third-Party Site. However, if you have
a problem with a link from this Site,
please let us know at webmaster@petsmart.com
and we will investigate and take appropriate
action.
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PRIVACY, SECURITY AND PROHIBITED CONTENT
See PPI's Privacy Policy for information
on the privacy and security practices
of PPI and this Site.
By using this Site, you agree that you
are responsible for maintaining the confidentiality
of your account and password and for restricting
access to your computer and account, and
you accept responsibility for all activities
that occur under your account and password.
If you access this Site on a public computer
or use a computer to which multiple people
may have access, follow all relevant instructions
to sufficiently disconnect and log off
of this Site and the computer system you
are using to prevent unauthorized access
to your PetSmart account.
Unlawful activities on this Site are
strictly prohibited. This includes tampering
with this Site, misrepresenting the identity
of a user, using buying agents or conducting
fraudulent activities.
Site users are prohibited from violating
or attempting to violate the security
of this Site, including without limitation:
(1) accessing data not intended for such
user or logging onto a server or an account
which the user is not authorized to access;
(2) using this Site for unintended purposes
or trying to change the behavior of this
Site; (3) attempting to probe, scan or
test the vulnerability of a system or
network or breach security or authentication
measures without proper authorization;
(4) attempting to interfere with service
to any user, host or network, including
without limitation, via means of submitting
a virus to this Site, overloading, "flooding,"
"spamming," "mailbombing"
or "crashing"; (5) forging any
TCP/IP packet header or any part of the
header information in any e-mail or newsgroup
posting; and (6) forging communications
on behalf of this Site (impersonating
this site) or to this Site (impersonating
a legitimate user). Sending unsolicited
and unauthorized e-mail on behalf of PetSmart,
including promotions and/or advertising
of products or services, is expressly
prohibited. Violations of system or network
security may result in civil or criminal
liability.
You agree not to use any device, software
or routing data to interfere or attempt
to interfere with the proper working of
this Site or any activity being conducted
on this Site. You agree not to use or
attempt to use any engine, software, tool,
agent, data or other device or mechanism
(including browsers, spiders, robots,
avatars or intelligent agents) to navigate
or search this Site other than the search
engine and search agents provided by PPI
or publicly available browsers.
Content that does the following types
of things is illegal and/or prohibited
on this Site:
* Is patently offensive to the online
community, such as content that promotes
racism, bigotry, hatred or physical harm
of any kind against any group or individual;
* Is or could be harmful to minors, including
material that exploits persons under the
age of 18 in a sexual or violent manner,
or solicits personal information from
anyone under 18;
* Provides instructional information about
illegal activities such as making or buying
illegal weapons; violating someone's privacy;
providing or creating computer viruses;
* Solicits passwords, personal identifying
information for commercial or unlawful
purposes from other users;
* Harasses or advocates harassment of
another person;
* Displays pornographic material of any
kind;
* Involves the transmission of "junk
mail", "chain letters",
or unsolicited mass mailing or "spamming";
* Promotes information that you know is
false, misleading, or promotes illegal
activities or conduct, or is abusive,
threatening, obscene, defamatory or libelous;
* Is or promotes an illegal or unauthorized
copy of another person's work, such as
providing pirated computer programs or
links to them, provides information to
circumvent manufacturer-installed copy-protect
devices, or provides pirated content or
links to pirated content files;
* Contains restricted or password-only
access pages, or hidden pages or images
(those not linked to or from another accessible
page); and
* Engages in commercial activities and/or
sales relating to PPI without PPI's prior
written consent, such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
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U.S. EXPORT CONTROLS
Certain software and similar materials
("Software") that you may download
from this Site may be further subject
to United States Export Controls. No Software
from this Site may be downloaded or exported
contrary to any applicable export law,
including any applicable prohibitions
against download or export as follows:
(1) into (or to a national or resident
of) Cuba, Iran, Libya, North Korea, Syria
or any other country to which the United
States has embargoed goods; or (2) anyone
on the United States Treasury Department's
list of Specially Designated Nationals
or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using
Software downloaded from this site, you
agree to abide by the applicable laws,
rules and regulations - including the
Export Administration Act and the Arms
Export Control Act - and you represent
and warrant that you will not transfer,
by electronic transmission or otherwise,
this Software to a foreign national or
a foreign destination in violation of
law.
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INDEMNITY
You agree to indemnify and hold PPI and
its officers, agents, employees, and other
partners, harmless from any loss, liability,
claim or demand, including reasonable
attorney's fees, made by any third party
due to or arising out of your use of this
Site, including your use of this Site
to provide a link to another site or to
upload content or other information to
this Site.
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