Pawsitivelycleanpet.com Use and Membership Terms

Acceptance of Terms of Service 

BISSELL Homecare, Inc: Pawsitivelycleanpet.com is provided free of charge to you by BISSELL Homecare, Inc. These Use and Membership Terms govern your use of Pawsitivelycleanpet.com and all services provided in connection with BISSELL Homecare, Inc. Pawsitivelycleanpet.com shall not be liable to you for any breach of these Use and Membership Terms. If you do not agree to these Use and Membership Terms, please do not register for or enter Pawsitivelycleanpet.com. The Use and Membership Terms for your continued use of Pawsitivelycleanpet.com will be available throughout Pawsitivelycleanpet.com. Please check these areas before using BISSELL.com to determine whether a change has been made to these Use and Membership Terms. If you do not agree to these changes in the Use and Membership Terms as they may occur, please arrange to terminate your registration with Pawsitivelycleanpet.com immediately by both notifying Pawsitivelycleanpet.com of your unwillingness to accept the changes to the Use and Membership Terms and by discontinuing your use of Pawsitivelycleanpet.com. Your continued use of Pawsitivelycleanpet.com will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time BISSELL Homecare, Inc. may supplement these Use and Membership Terms with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on Pawsitivelycleanpet.com to be viewed in connection with the specific content or events and shall be identified as such. BISSELL Homecare, Inc. will also notify members of changes to the Use and Membership Terms through e-mail communication using the e-mail address on file for each member. You understand and agree that such Additional Terms are hereby incorporated by reference into these Use and Membership Terms.

Termination 

BISSELL Homecare, Inc. reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate these Use and Membership Terms, your registration(s), your ability to access Pawsitivelycleanpet.com, and/or any other service provided to you by Pawsitivelycleanpet.com upon any breach by you of the Use and Membership Terms.

Modifications of these Use and Membership Terms

BISSELL Homecare, Inc. may modify these Use and Membership Terms from time to time in its sole discretion. In the event we modify these Use and Membership Terms, we reserve the right (at BISSELL Homecare, Inc.’s discretion) to provide you notice of such changes to the e-mail address you have provided to BISSELL Homecare, Inc., or the mailing address you have provided to BISSELL Homecare, Inc.

Modifications of Pawsitivelycleanpet.com

BISSELL Homecare, Inc. may modify or discontinue Pawsitivelycleanpet.com with or without notice to you and without liability to you or any third party.

Content of Messages

You alone are responsible for the content of your messages, and the consequences of any such messages. BISSELL Homecare, Inc. reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Membership Rules. Pawsitivelycleanpet.com is to be used by you for your personal use only. Commercial uses of Pawsitivelycleanpet.com are strictly prohibited unless prior written consent from BISSELL Homecare, Inc. has been granted. You agree that you will not use Pawsitivelycleanpet.com for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You further agree not to use Pawsitivelycleanpet.com to send or post on reviews or any place on Pawsitivelycleanpet.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Pawsitivelycleanpet.com. It is at the discretion of BISSELL Homecare, Inc. to determine if sent or posted material violates these Use and Membership Terms. BISSELL Homecare, Inc. reserves the right to delete any such material from Pawsitivelycleanpet.com. BISSELL Homecare, Inc. will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Use and Membership Terms contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of BISSELL Homecare, Inc. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use Pawsitivelycleanpet.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) Pawsitivelycleanpet.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Use and Membership Terms and applicable copyright, trademark and other laws govern your use of such content. You may not post to Pawsitivelycleanpet.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Pawsitivelycleanpet.com is not protected by Rights rests with you. You acknowledge that BISSELL Homecare, Inc. may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any “public area” of Pawsitivelycleanpet.com, you grant BISSELL Homecare, Inc. and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Pawsitivelycleanpet.com retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON PAWSITIVELYCLEANPET.COM, YOU HEREBY EXPRESSLY PERMIT BISSELL HOMECARE, INC. TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY BISSELL HOMECARE, INC.‘S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

Notification of Any Possible Copyright Infringement

In the event you believe that material or content published on Pawsitivelycleanpet.com may infringe on another’s or your copyright, please provide detailed written notice of such possible infringement to General Counsel, BISSELL Homecare, Inc., 2345 Walker, N.W., Grand Rapids, MI, 49544, send a detailed e-mail message to webmaster@bissell.com.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF PAWSITIVELYCLEANPET.COM IS AT YOUR SOLE RISK. PAWSITIVELYCLEANPET.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BISSELL HOMECARE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

BISSELL HOMECARE, INC. MAKES NO WARRANTY THAT PAWSITIVELYCLEANPET.COM WILL MEET YOUR REQUIREMENTS, OR THAT PAWSITIVELYCLEANPET.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BISSELL HOMECARE, INC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PAWSITIVELYCLEANPET.COM. BISSELL HOMECARE, INC. WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF PAWSITIVELYCLEANPET.COM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PAWSITIVELYCLEANPET.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT BISSELL HOMECARE, INC. DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH PAWSITIVELYCLEANPET.COM. BISSELL HOMECARE, INC. IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PAWSITIVELYCLEANPET.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN PAWSITIVELYCLEANPET. COM, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. BISSELL HOMECARE, INC. ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

BISSELL HOMECARE, INC. SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN PAWSITIVELYCLEANPET.COM. YOUR PARTICIPATION IN PAWSITIVELYCLEANPET.COM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAWSITIVELYCLEANPET.COM OR THROUGH BISSELL HOMECARE, INC., ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BISSELL HOMECARE, INC. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE PAWSITIVELYCLEANPET.COM. As a convenience to our members, we may provide links to resources that are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against BISSELL Homecare, Inc. with respect to such sites.

Limitation of Liability

BISSELL HOMECARE, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE PAWSITIVELYCLEANPET.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PAWSITIVELYCLEANPET.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF BISSELL HOMECARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages

BISSELL Homecare, Inc. may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. BISSELL Homecare, Inc. makes no representation or warranty with respect to the content of any such e-mail messages, and you agree that BISSELL Homecare, Inc. shall not have any liability with respect thereto.

Indemnification

You agree to indemnify and hold each of BISSELL Homecare, Inc., their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of BISSELL.com, the violation of these Use and Membership Terms by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Applicable Law

These Use and Membership Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflicts of laws provisions. By registering for or entering PAWSITIVELYCLEANPET.Com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Michigan.

Remedies for Breach of these Terms by You

In the event that BISSELL Homecare, Inc. determines, in its sole discretion, that you have breached any portion of these Use and Membership Terms, or have otherwise demonstrated conduct inappropriate for Pawsitivelycleanpet.com, BISSELL Homecare, Inc. reserves the right to (i) warn you via e-mail that you have violated these Use and Membership Terms; (ii) delete any content provided by you or your agent(s) to Pawsitivelycleanpet.com; (iii) delete all content provided by you to Pawsitivelycleanpet.com; (iv) discontinue your registration(s) with Pawsitivelycleanpet.com; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which BISSELL Homecare, Inc. deems to be appropriate.

If your registration(s) with or ability to access Pawsitivelycleanpet.com is discontinued by BISSELL Homecare, Inc. due to your violation of any portion of these Use and Membership Terms or for conduct otherwise inappropriate for Pawsitivelycleanpet.com then you agree that you shall not attempt to re-register with or access Pawsitivelycleanpet.com, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, BISSELL Homecare, Inc. reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.

Miscellaneous

In the event that any provision of the Use and Membership Terms conflicts with the law under which the Use and Membership Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Use and Membership Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Use and Membership Terms will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Use and Membership Terms or to exercise any right under the Use and Membership Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

You represent to BISSELL Homecare, Inc. that you have the authority to register with or visit Pawsitivelycleanpet.com according to these Use and Membership Terms. BISSELL Homecare, Inc. does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member of or visit Pawsitivelycleanpet.com.

These Use and Membership Terms and any Additional Terms (as such terms shall be identified when posted on Pawsitivelycleanpet.com) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Use and Membership Terms will, at the election of BISSELL Homecare, Inc., be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Use and Membership Terms will remain valid and enforceable.