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Terms of Use

1. Overview

By accessing The Upper Pawside, you agree to the terms and conditions of use outlined in our Terms of Use policy.

Our site includes any information/service made available by The Upper Pawside (regardless of the medium) to users. Content from our site includes affiliated websites, mobile applications, social media posts, images, videos, products, and applications we make available without any limitations. We reserve the right to suspend, modify or discontinue these at any point temporarily or permanently. We are not obligated to notify you of the same.

Users of our site must be at least 16 years of age. Any users below the age of 16 are advised not to use the site or share any personal information with us or other users.

The Upper Pawside does not make any claims on the site or the accessibility and appropriateness of its contents outside of the United States. This means accessing the site by certain individuals and from certain countries might not be legal. If you are a user accessing the site from outside the United States, then you are doing so on your own initiative. You are also responsible for compliance with the local laws and regulations from your area of access.

 

2. Disclaimer

Our site and its content is provided for informational purposes only on an “AS IS” basis and at the user’s sole discretion. The Upper Pawside does not take any guarantees for the accuracy, quality, or completeness of the information. The Upper Pawside is also not responsible or liable for any errors, omissions, or inaccuracies in the information provided and the user’s reliance on the information. The user is solely responsible for verifying the accuracy and appropriateness of the information for their personal use.

 

3. Changes to the Terms of Use

Please note that we may modify our Terms of Use from time to time and without any prior notice or consent from the user. It is the user’s sole responsibility to check the page regularly and update themselves about any such changes.

Any changes we make shall appear on our site and are effective from the time of posting. If you continue to use this site after any changes are made, you agree and accept the changes.

 

4. Our Privacy Policy

We are 100% transparent about how we collect, use, and provide data on our site. You can read the complete details of it in our Privacy Policy.

 

5. The Upper Pawside Intellectual Property

Limited License

All materials on our site are the property of The Upper Pawside and are protected by copyright, trademark, and other laws. These materials, whether in use or displayed, include but are not limited to content, copy, software, graphic designs, illustrations, art, names, logos, trademarks, and service symbols.

Your use of our content and materials is only allowed for personal and non-commercial purposes. Additionally, you do not have the right to modify, reproduce, republish, distribute, disseminate, sell, publish, broadcast or circulate our material without prior written permission from The Upper Pawside.

The Upper Pawside grants you a personal, non-exclusive, non-transferable, revocable license to use the site and any materials on the site for non-commercial purposes subject to our Terms of Use.

Trademarks and Logos

The terms The Upper Pawside, upperpawside.com, other trademarks including service marks, related names, logos, product/service names, designs, and slogans, are property of The Upper Pawside. You are prohibited from using any of our trademarks unless you have specifically obtained prior written permission from The Upper Pawside.

All other names, logos, product and service names, designs, and slogans on our site are the trademarks and logos of their respective owners — these must not be used without their consent.

 

6. Liability of Content on Site

The Upper Pawside is not responsible for reviewing the content posted on the site. This includes content from User Contributions (see definition below) or independent contributors.

About Our Contributors

Our Contributors comprise in-house writers and independent contractors with relevant expertise in the area of the content they provide us. While we call them experts and trust them to provide us with verified information, The Upper Pawside does not fully represent or guarantee the expertise of the contributors. We are not obliged to confirm their credentials or qualifications.

The independent contributors are not employed contractually by The Upper Pawside. We do take responsibility for the accuracy and veracity of the qualifications or credentials of any contributor, or other users of the site.

Verification of content contributed is the sole responsibility of the independent contributor. The Upper Pawside does not have any obligation to monitor or independently research or verify the content. Neither are we obliged to independently verify or review the information they provide us.

All the content on our site is meant for general informational purposes. We accept that our content cannot take into account the unique and personal needs or circumstances of the user. We are not liable for any loss incurred from reliance on our content. Users should not rely on our site’s content, including our User Contributions and content from our independent contractor contributors.

You acknowledge and agree that reliance on our content and actions taken by you in violation of our agreement with us shall be at your personal and absolute risk. The Upper Pawside is not responsible or liable to you in any conceivable manner. Any exchange (communication or otherwise) with contributors or other users, through our site are at your own discretion. It is not covered by any exclusive or confidential liability that might apply in case you obtain your own professional advice.

 

7. Prohibited Use of Site

You may use our site only for lawful purposes and in compliance with our Terms of Use. You agree not to use the Site for purposes such as:

  • In violation of any federal, state, local, and international law or regulation
  • To harm or exploit minors by revealing or exposing unsuitable content or by asking them for detectable information or otherwise
  • To procure data or send advertising/promotional content (including “junk mail”, “chain letter”, “spam” or any other similar propositions)
  • To imitate/impersonate or attempt to The Upper Pawside, an Upper Pawside employee, or any other person or user (including but not restricted to using email addresses or user names associated with any of the foregoing)
  • To engage in behavior that may restrict or inhibit anyone’s use or enjoyment of our site, or as determined by us, may harm the Upper Pawside or users of the site or expose them to liability

 

Moreover, you also agree not to:

  • “Scrape” or disaggregate data from our site (by manual, digital, or automated means) for commercial, marketing, data compiling, or enhancing purposes
  • Introduce viruses, trojan horses, bugs, logic bombs, or other material or mechanism which is harmful or technologically detrimental
  • To gain unauthorized access or even attempt to do so in order to interfere with, harm, or disrupt any parts of our site, the server on which the site is hosted, or any server, computer, or database connected to the site
  • To interfere or attempt to interfere with proper site operations

 

8. User Submitted Content

User Contributions

We allow you to use interactive features on our site. These include bulletin boards, chat rooms, forums, message boards, personal web pages or profiles, reviews and ratings sections, and other interactive features that allow users to post, submit, publish, or display to other users, post comments, content or other materials through the site.

Voluntary disclosure of personal information (e.g., user name, email address) on our site, through a forum, chat room, or on any other user or member-generated pages, is at the user’s sole risk. All such information is visible on search engines, collected and used by others, and may result in unsolicited contact from other parties. We strongly advise users to refrain from posting any personal or other sensitive information on our site.

Any User Contributions submitted to our site are considered non-proprietary and non-confidential. You give us, our affiliates, service providers, each of their and our respective licensees, and successors the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties all User Contributions submitted by you for our site for any purpose.

You also represent and permit that:

  • All rights of and to your contributions are owned/controlled solely by you
  • You have the right to grant the license of your contribution to us, our affiliates, service providers, including our and their group of licensees, successors, and assigns
  • All your contributions are and be will be compliant with these Terms of Use

 

We are not liable or responsible for User Contributions or liable to third parties for the accuracy of contributions. You are responsible for all User Contributions you submit including its legality, reliability, accuracy, and appropriateness.

Monitoring, Enforcement, or Termination

The Upper Pawside reserves the right to:

  • Remove or refuse User Contributions at our sole discretion with no obligation to notify you or any other party
  • Take action regarding any User Contribution that we find necessary or suitable solely at our discretion, including what we deem to be a violation of the Terms of Use, content standards (mentioned below), infringement of intellectual property right, infringement of any other right of any person or entity, threat to the personal safety of users of our site/the public, or a liability for the Company.
  • Disclose identities or other information about anyone posting content on our site to any third party if they claim that the material you posted violates/infringes their rights (whether intellectual property rights or privacy rights)
  • Take necessary legal action, including without limitation, referral to law enforcement, for unauthorized and/or illegal use of the site
  • Terminate/suspend you from accessing all or part of our site (without liability to notify or explain to you or anyone), including without limitation, any violation of these Terms of Use

 

In addition to our previous statements, we reserve the right to fully comply with requests and comply with directions from any law enforcement authorities or courts if they order us to reveal the identity or any other information about anyone posting any content on or via our site.

YOU WAIVE AND HOLD HARMLESS THE UPPER PAWSIDE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN IN CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not partake in reviewing any content before it is posted on our site, but will ensure removal of unacceptable/objectionable material after it has been posted at the earliest possible opportunity. However, we have no liability or responsibility towards anyone for adhering to or not adhering to the activities described by us in this section.

Content Standards

The content standards apply to all User Contributions and the use of Interactive Services. All contributions by users must comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the previous statements, User Contributions must not:

  • Contain any kind of defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material
  • Promote any kind of pornographic/sexually explicit material, violence, or discrimination based on age, nationality, disability, race, religion, sex, or sexual orientation
  • Infringe any patent, trademark, trade secret, copyright, intellectual property rights, or any other rights of any person
  • Transgress the legal rights (rights of publicity and privacy) of others or contain any material that could trigger any criminal or civil liability under regional laws or regulations or that otherwise may be in conflict with our Terms of Use and Privacy Policy
  • Be likely or intend to mislead/hoodwink any person
  • Promote any kind of illegal activity, or advocate, promote, or assist any unlawful act
  • Cause alarm, annoyance, embarrassment, harassment, inconvenience, unwanted anxiety, or be likely/intend to upset
  • Impersonate any person, misrepresent your identity, or imply affiliation with any person or organization
  • Promote advertising, commercial activities, promotions, or sales, including contests, barter, sweepstakes, and other sales promotions
  • Indicate or create an impression that they belong to or are endorsed by us or any other person or entity unless that is the case

 

9. You Indemnify Us

You agree to indemnify, defend, and hold harmless The Upper Pawside against all expenses and claims arising from (a) User Contributions, or (b) Breach (willful or negligent) by you or any user of your account or our Terms of Use. The Upper Pawside retains the sole right to surmise the exclusive defense and jurisdiction of any matter subject to indemnification by you.

 

10. Warranty Disclaimer

THE UPPER PAWSIDE IS PROVIDED ON AN “AS IS” BASIS WITH WARRANTIES IMPOSED BY APPLICABLE LAWS AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER LAWS APPLICABLE TO THE TERMS OF USE. THE SITE IS PROVIDED “AS IS” EXCLUDING ANY KIND OF WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE).

THE UPPER PAWSIDE DOES NOT ENDORSE OR TAKE RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF CONTENT (ADVICE, STATEMENT, OR OPINION) ON OUR SITE. READERS MUST NOT USE ANY MATERIAL AVAILABLE ON OUR SITE AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

 

11. Liability Disclaimer

YOU ACKNOWLEDGE THAT THE UPPER PAWSIDE IS NOT LIABLE TO ANYONE FOR LOSSES, INJURY, OR DAMAGES (DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE) ARISING OUT OF YOUR ACCESS/USE INFORMATION, INABILITY TO ACCESS/USE INFORMATION, OR ACTIONS TAKEN IN RESPONSE TO THE CONTENT ON OUR SITE.

YOU WAIVE ALL CLAIMS AGAINST THE UPPER PAWSIDE FOR USE OF THE SITE OR ITS CONTENT AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.

 

12. Content, Third-Party Links, Advertisements, and Websites

We are not responsible to review or monitor any websites, advertisements, or other media linked to or available through our site. Neither are we responsible for the content of any third-party advertisements or linked websites.

We advise users to verify pricing, product quality, and other information before they purchase products/services from third-party sources on the site.

We do not receive or review complaints regarding the purchase of third-party products mentioned on our site. The Upper Pawside is not liable for purchases of third-party products/services based on the information provided on our site.

 

13. Disputes

Any disputes related to our site shall be governed, construed, and enforced in compliance with applicable laws under the State of California (without regard to conflict of law principles).

You also irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of California, in the event of any dispute.

ALL DISPUTES AND CLAIMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. IN CASE ONE YEAR HAS PASSED, THE CLAIM WILL BE PERMANENTLY BARRED AND YOU WILL AGREE TO WAIVE THE CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

 

14. Waiver and Severability

If we waive any term or condition outlined in our Terms of Use, then it does not constitute a continuing waiver of that particular or any other term or condition. A failure on our part to assert, insist or enforce any provision of our Terms of Use shall not constitute a waiver of that particular or any other provision.

For the provision or part of our Terms of Use that is held by a court or other tribunal of competent authority to be invalid, unlawful, or unenforceable for any reason, elimination or limitation of the minimum extent shall be placed. This does not construe the rest of the provisions or parts of our Terms of Use as invalid or waived.

 

15. Entire Agreement

The Terms of Use comprise the whole agreement between you and The Upper Pawside concerning our site and related properties. The Terms of Use also override all past and present agreements, representations, understandings, and warranties, whether written and verbal, regarding our site.

 

16. DMCA Policy

The Upper Pawside follows the take-down procedures of the Digital Millennium Copyright Act (DMCA) when dealing with copyright infringement.

We encourage you to report any content on our site that you deem to be an infringement on your rights. However, you should be the intellectual property rights owner or be authorized to act on behalf of the owner when reporting such infringement.

You do not have the right to upload, post, or otherwise place any copy or information on the site that belongs to a third party, unless you have the legal right to do so.

If you are of the belief that your work is reproduced on our site in a way that imitates copyright infringement, you may notify us by mail at info@upperpawside.com. You may request the removal of the materials by submitting a written notification. Your notification should be in compliance with the DMCA and include the following:

  • Your physical/electronic signature
  • Identification of copyrighted work you believe has been infringed or, if the claim involves multiple works on our site, a representative list of the works
  • Sufficient and precise identification of the infringing content for us to locate the content. This may include the precise URL (web page) that it appeared on, along with any copies you have of that web page
  • Information to contact you (including your name, postal address, telephone number, and email address)
  • A statement that you have good faith that use of copyrighted material is not authorized by the copyright owner, its agent, or the law
  • A statement under penalty of perjury that information provided in the written notice is accurate and that you are authorized to act on behalf of the copyright owner

 

We bring to your notice that knowingly misrepresenting copyright-infringing content on our site will make you liable for damages (including costs and attorneys’ fees).

We retain the right to disable accounts of users who repeatedly post infringing content on our site.

 

17. Contacting Us

Want to get in touch with us?

Email us your feedback, comments, requests, suggestions, or guidance related to technical support and other communications relating to “The Upper Pawside.”

You may direct requests to use/reproduce content published on “The Upper Pawside”.

You can reach out to us for all the above-mentioned issues at: info@upperpawside.com

Thank you for visiting The Upper Pawside.