TERMS OF USE
ReviveK9, LLC
Website Terms of Use
Last updated: September 19, 2022
1. User’s Acknowledgment; Acceptance of Terms; Changes to Terms
These terms of use are entered into by and between You and ReviveK9, LLC (“Company,”
“ReviveK9”, “we,” or “us”). The following terms and conditions, together with any documents
they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to
and use of https://www.revivek9.com, including any content, functionality and services offered
on or through https://www.revivek9.com (the “Website”), whether as a guest or a registered
user.
Please read the Terms of Use carefully before you start to use the ReviveK9 Website. By using
the Website, you accept and agree to be bound and abide by these Terms of Use. If you do
not want to agree to these Terms of Use, you must not access or use the Website.
This Website is offered and available to users who reside in the United States or any of its
territories or possessions. By using this Website, you represent and warrant that you are of legal
age to form a binding contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must not access or use the
Website.
These Terms of Use are effective as of the date first set forth above and may be updated or
modified from time to time. We reserve the right to change these Terms of Use at any time
without notice to you. You acknowledge and agree that it is your responsibility to review this
Website and these Terms of Use periodically and to make yourself aware of any modifications or
updates. Your continued use of this Website after such modifications or updates will constitute
your acknowledgement of the Terms of Use and your agreement to abide and be bound by the
modified and/or updated Terms of Use.
We reserve the sole right to either modify or discontinue the Website, including any features
therein, at any time with or without notice to you. We shall not be liable to you or any third party
should we exercise such right. Modifications may include, but are not limited to, changes in the
pricing structure, the addition of fee-based services, or changes to limitations on allowable file
sizes. Any new features that augment or enhance the then-current services on this Website shall
also be subject to these Terms of Use.
2. Accessing the Website; Security and Password
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are
aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You agree that all
information you provide to register with this Website or otherwise, including, but not limited to,
through the use of any interactive features on the Website, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your information consistent with our
Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that your account is personal
to you and agree not to provide any other person with access to this Website or portions of it
using your username, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other personal
information.
We have the right to disable any username, password, or other identifier, whether chosen by you
or provided by us, at any time if, in our opinion, you have violated any provision of these Terms
of Use.
3. Intellectual Property Information
Copyright © 2022 ReviveK9 All Rights Reserved.
The Company name, the term "ReviveK9", and all related names, logos, product and service
names, designs and slogans are trademarks of the Company or its Affiliates or licensors. You
must not use such marks without the prior written permission of the Company. All other names,
logos, product and service names, designs and slogans on this Website are the trademarks of
their respective owners.
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design, selection, and
arrangement thereof), are owned by the Company, its licensors or other providers of such
material. For purposes of these Terms of Use, “content” is defined as any information,
communications, software, photos, video, graphics, music, sounds, and other material, services,
and original content that can be viewed by users on our Website.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you
on this Website is protected by United States and international copyright, trademark, patent,
trade secret and other intellectual property or proprietary rights laws and is the sole property of
ReviveK9, LLC and/or its Affiliates. As used in these Terms of Use, references to our
“Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers,
partners, sponsors, and advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this Website and/or its contents.
You are only permitted to use the content as expressly authorized by us or the specific content
provider. Except for a single copy made for personal use only, you may not copy, reproduce,
modify, republish, upload, post, transmit, or distribute any documents or information from this
Website in any form or by any means without prior written permission from us or the specific
content provider, and you are solely responsible for obtaining permission before reusing any
copyrighted material that is available on this Website. Any unauthorized use of the materials
appearing on this Website may violate copyright, trademark and other applicable laws and could
result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this Website will not infringe the rights of third parties. See “Use of Your
Materials” below for a description of the procedures to be followed in the event that any party
believes that content posted on this Website infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party.
These Terms of Use permit you to use the Website for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material on our Website, except as
follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display
enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for
your own personal, non-commercial use and not for further reproduction, publication, or
distribution.
· If we provide desktop, mobile or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal, non-
commercial use, provided you agree to be bound by our end user license agreement for
such applications.
You must not:
· Modify copies of any materials from this Website.
· Use any illustrations, photographs, video or audio sequences or any graphics separately
from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies
of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services
or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section,
please address your request to: coreena@revivek9.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access
to any part of the Website in breach of the Terms of Use, your right to use the Website will cease
immediately and you must, at our option, return or destroy any copies of the materials you have
made. No right, title or interest in or to the Website or any content on the Website is transferred
to you, and all rights not expressly granted are reserved by the Company. Any use of the Website
not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
If you believe that any User Contributions violate your copyright, please follow the instructions
below on how to send us a notice of copyright infringement. It is the policy of the Company to
terminate the user accounts of repeat infringers. Or direct all comments, questions, and concerns
to: coreena@revivek9.com.
We take claims of copyright infringement seriously. We will respond to notices of alleged
copyright infringement that comply with applicable law. If you believe any materials accessible
on or from this Website (the "Website") infringe your copyright, you may request removal of
those materials (or access to them) from the Website by submitting written notification to our
copyright agent (designated below). In accordance with the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"),
the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim
involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner
to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address,
telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not
authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the
copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Coreena Breazeale
ReviveK9, LLC
1599 Hunters Creek Dr.
Cantonment, Florida 32533
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your
DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the
Website is infringing your copyright, you may be held liable for damages (including costs and
attorneys' fees) under Section 512(f) of the DMCA.
4. Conduct on Website/Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Website:
· In any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or
software to and from the US or other countries);
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any
way by exposing them to inappropriate content, asking for personally identifiable
information or otherwise;
· To send, knowingly receive, upload, download, use or re-use any material which does not
comply with the Content Standards set out below in these Terms of Use;
· To transmit, or procure the sending of, any advertising or promotional material without
our prior written consent, including any "junk mail," "chain letter," "spam," or any other
similar solicitation;
· To impersonate or attempt to impersonate the Company, a Company employee, another
user or any other person or entity (including, without limitation, by using e-mail
addresses or screen names associated with any of the foregoing); and/or
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Website, or which, as determined by us, may harm the Company or users of the Website,
or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the
Website or interfere with any other party's use of the Website, including their ability to
engage in real time activities through the Website;
· Use any robot, spider or other automatic device, process or means to access the Website
for any purpose, including monitoring or copying any of the material on the Website;
· Use any manual process to monitor or copy any of the material on the Website, or for any
other purpose not expressly authorized in these Terms of Use, without our prior written
consent;
· Use any device, software or routine that interferes with the proper working of the
Website.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful;
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or database
connected to the Website;
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
and/or
· Otherwise attempt to interfere with the proper working of the Website.
Content Standards: Without limiting the foregoing, this Website content and contributions
from its Users must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or
other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain
any material that could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Use and Privacy
Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass,
alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales
promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
5. User’s Materials
In order to access some of the services on this Website, you must have an e-mail account that is
only accessible by you. You will be asked to create a profile by using your e-mail account of
choice and by designating a password and by providing other required information (“Registration
Data”). It is your responsibility to regularly update and information in the Registration Data that
has changed. By registering, you agree that all information provided in the Registration Data is
true and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The
information we obtain through your use of this Website, including your Registration Data, is
subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of
Use.
The Website may contain linked commercial web pages, shopping carts, favorite items, review
products, product comparison charts, and other interactive features (collectively, "Interactive
Services").
Reliance on Information Posted
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on such materials by you
or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided third-
party licensors and/or reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the opinion of the Company.
We are not responsible, or liable to you or any third party, for the content or accuracy of any
materials provided by any third parties.
6. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the
Website, you consent to all actions taken by us with respect to your information in compliance
with the Privacy Policy.
7. Terms for Online Purchases and Other Terms and Conditions
All purchases transacted through our Website or other transactions for the sale of goods or
services formed through the Website, or that result from visits made to our website by you are
governed by these Terms of Use.
All Website users have access to the marketplace (the “ReviveK9 marketplace”) which will
display certain item(s) (hereinafter the “items”) available to be purchased. By becoming a
registered user, you expressly authorize ReviveK9, LLC’s service provider, Stripe (“Stripe”) to
originate credit transfers to your financial institution account in order to process all payments and
transactions pertaining to the purchase of item(s) through the ReviveK9 marketplace. You also
expressly authorize us to collect and share your personal information with Square, including but
not limited to your full name, e-mail address and financial information. You are responsible for
the accuracy and completeness of the data that is provided to Square and for reviewing Square’s
Privacy Policy prior to becoming a registered user. Stripe’s Privacy Policy is available by
clicking here.
In the alternative, Users may opt for payment methods via Square with a Square account.
Additional terms and conditions may also apply to specific portions, services or features of the
Website. All such additional terms and conditions are hereby incorporated by this reference into
these Terms of Use.
8. Links from the Website
If the Website contains links to other websites and resources provided by third parties, these
links are provided for your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over the contents of
those websites or resources and accept no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third-party websites linked to
this Website, you do so entirely at your own risk and subject to the terms and conditions of use
for such websites.
9. Geographic Restrictions
The owner of the Website is based in the State of Florida in the United States. We provide this
Website for use only by persons located in the United States. We make no claims that the
Website or any of its content is accessible or appropriate outside of the United States. Access to
the Website may not be legal by certain persons or in certain countries. If you access the Website
from outside the United States, you do so on your own initiative and are responsible for
compliance with local laws.
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the files available for
downloading from the internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our Website for any reconstruction of any lost data. WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-
OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF
THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT
THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY,
ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN
AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,
LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnification
You agree to defend, indemnify and hold harmless the Company, its Affiliates, licensors and
service providers, and its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and
costs) arising out of or relating to your violation of these Terms of Use or your use of the
Website, including, but not limited to, your User Contributions, any use of the Website's content,
services and products other than as expressly authorized in these Terms of Use, or your use of
any information obtained from the Website. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you, in
which event you will cooperate with us in asserting any available defenses.
13. Governing Law and Jurisdiction
All matters relating to the Website (excluding any linked websites) and these Terms of Use, and
any dispute or claim arising therefrom or related thereto (in each case, including non-contractual
disputes or claims), shall be governed by and construed in accordance with the internal laws of
the State of Florida without giving effect to any choice or conflict of law provision or rule
(whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United States or the courts of
the State of Florida. Each of us agrees and hereby submits to the exclusive personal jurisdiction
and venue of the 6 th Judicial Circuit in and for Pinellas County, Florida, and the United States
District Court for the Middle District of Florida with respect to such matters. You waive any and
all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these
Terms of Use or use of the Website, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to final and binding
arbitration under the Rules of Arbitration of the American Arbitration Association applying
Florida law.
15. Waiver and Severability
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights
shall not constitute a waiver of that right or provision. No waiver of by the Company of any term
or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any failure of the
Company to assert a right or provision under these Terms of Use shall not constitute a waiver of
such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.
16. Entire Agreement
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire
agreement between you and ReviveK9, LLC with respect to the Website and supersede all prior
and contemporaneous understandings, agreements, representations, and warranties, both written
and oral, with respect to the Website.
17. Contact Us
This Website is operated by ReviveK9, LLC, which has its principal place of business at 1599
Hunters Creek Drive, Cantonment, Florida 32533 USA.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.
Notices to us must be sent to the attention of Customer Service at coreena@revivek9.com by e-
mail, or at ReviveK9, LLC at 1599 Hunters Creek Drive, Cantonment, Florida 32533, if by
conventional mail. Notices to you may be sent either to the e-mail address supplied for your
account or to the address supplied by you as part of your Registration Data. In addition, we may
broadcast notices or messages through the Website to inform you of changes to the site or other
matters of importance, and such broadcasts shall constitute notice to you. All notices of
copyright infringement claims should be sent to the copyright agent designated above in the
manner and by the means set forth therein. All other feedback, comments, requests for technical
support and other communications relating to the Website should be directed to:
Any notices or communication under these Terms of Use will be deemed delivered to the party
receiving such communication (1) on the delivery date if delivered personally to the party; (2)
two business days after deposit with a commercial overnight carrier, with written verification of
receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested;
(4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if
transmitted by confirmed e-mail.