1. Restrictions on Use of Our Websites
We may, in our sole discretion, discontinue or alter any aspect of our Websites, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of our Websites for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user´s right to use all or part of our Websites, at any time in our sole discretion and without prior notice or liability.
You are responsible for obtaining access to our Websites, and all charges (e.g., telephone, Internet service provider or airtime) associated with connecting to our Websites. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access our Websites.
Our Websites are owned and operated by Innovacyn and its affiliated companies, and contain material, including but not limited to code and software, that is derived in whole or in part from material supplied and owned by Innovacyn and/or its suppliers and licensors (“Material”). You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of our Websites or any Material from our Websites.
2. Rules for Use of Our Websites
(1) Conduct Required for Use of Our Websites
You agree that you will not use our Websites, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access), for any unlawful purpose.
(3) Communications on Our Websites
Portions of our Websites may provide you and other users an opportunity to submit, post, display, transmit, or exchange information, ideas, opinions, photographs, videos, creative works, or other information, messages, transmissions, or material to us, our Websites, or others via uploading files, inputting data, submitting content, or engaging in any other form of communication (“Communication”), and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Innovacyn, are entirely responsible for all Communications that you upload, post, or otherwise transmit to or via our Websites. In using our Websites, you should not assume that such messages have been reviewed by us, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third-party. We neither endorse nor are responsible for any opinion, advice, information or statements made in the Communications by third-parties. You understand that by using our Websites, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, for any loss or damage of any kind incurred as a result of the use of any Communication posted, or otherwise transmitted via our Websites. The opinions expressed in any Communications reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Innovacyn.
By engaging in Communication through our Websites, you are granting us a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, and without compensation, a worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented; (ii) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication; and (iii) use your name, city and state in connection with the feedback, testimonial or comment that you voluntarily provided to us. No Communication shall be subject to any obligation of confidence on the part of Innovacyn. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Communication, and your provision thereof to and through our Websites, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.
(5) Personal Safety
When using our Websites, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please note that we have no control over and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third-party of information voluntarily made public through any Communication or any other part of our Websites. If you choose to make any of your personal information publicly available on our Websites, you do so at your own risk.
3. Registering for Accounts on Our Websites
Certain of our Websites’ offerings will require registration. If you decide to use these services you will be required to register. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Should we provide to you a password, or should you select a password, that allows you to access certain parts of our Websites, you will be solely responsible for maintaining the confidentiality of the password and your account information and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other breach of security, and that you will log off of our Websites at the end of each session to prevent fraud on your account by third-parties.
4. Intellectual Property Rights
Our Websites and their entire contents including but not limited to text, graphics, logos, images, audio files, video files, and software, is the property of Innovacyn, its suppliers, or its affiliates, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Permission is granted to view and print materials from our Websites for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, creation of derivative works, public display, public performance, download, storage or retransmission, or modification of information or materials on this site without the expressed prior written permission from Innovacyn is strictly prohibited.
5. Reporting Claims of Copyright Infringement
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 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.
3546 N. Riverside Ave.
Rialto, CA 92377
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:
(a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third-party, please submit a list of such materials.
(c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and if available, email address.
(e) A statement, claiming in good faith that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
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.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
(a) Your physical or electronic signature.
(b) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
(c) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(d) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
(e) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Innovacyn and its affiliates’ trademarks, including, but not limited to, Innovacyn™; Aquacyn®; Articyn®; Clean.Treat.Heal®; Duo-Care®; Foamcare®; Hydrocyn®; Puracyn®; Puracyn Plus®; Sanacyn™; Super7+®; Vericyn™; Vetericyn®; Vetericyn Foamcare®; Vetericyn Plus®, and all related logos, trade dress, and names, are the property of Innovacyn or its affiliates or licensors and may not be used without our prior written permission. Any other trademarks that appear on our Websites are the property of their respective owners.
7. Links to Third-Party Website
Our Websites may contain hyperlinks to third-party websites or services as a convenience to users of our Websites. We do not control third-party websites or services, are not responsible for the contents of any linked-to third-party websites or services, or any hyperlink at any third-party website or service and therefore do not accept any responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse, recommend, or approve any third-party website or service hyperlinked from our Websites or services. We will have no liability to any entity for the content or use of the content available through such a hyperlink. 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.
8. No Warranties and Limitation on Liability
WE DO NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR WEBSITES, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH OUR WEBSITES, OR ANY WEBSITES OR SERVICES LISTED THEREIN, AND WE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. WE DO NOT WARRANT THAT OUR WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN OUR WEBSITES WILL BE CORRECTED. OUR WEBSITES AND SERVICES ARE PROVIDED ON AN “AS-IS, AS AVAILABLE” BASIS.
IN NO EVENT WILL INNOVACYN OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON OUR WEBSITES, OR DOWNLOADED FROM OUR WEBSITES, EVEN IF INNOVACYN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN OUR WEBSITES, LISTINGS, OR INFORMATION DOWNLOADED THROUGH OUR WEBSITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Governing Law
You hereby agree that any disputes arising under or in connection with this Agreement and/or our Websites shall be submitted for resolution to federal and state courts in Los Angeles County in the State of California, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
12. Contact Information
Questions or comments regarding our Websites should be sent by e-mail to email@example.com or by U.S. mail to Website Inquiry, c/o Innovacyn, Inc., 3546 N. Riverside Ave., Rialto, CA 92377.
1. Information You Provide to Us and How We Use It
When you create an account on one of our Websites, you may provide us with personal information including your name, email, physical address and telephone number, (“Personal Information”).
(a) Internal Use. Personal Information is used to process orders and provide customer service. Innovacyn may internally use your Personal Information to improve the Website’s content and layout, improve outreach and internal marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to the Website. In order to facilitate such use and the other uses described in this Section 2, we may share your information with affiliates under Innovacyn, Inc.’s control.
(b) Communications with You. Innovacyn uses Personal Information to communicate with you regarding orders, deliveries, registration and account information, contests or sweepstakes, Website updates and information, and Website customer service and service related announcements. Email subscriptions allow users to receive notifications of new animal trends, products, newsletters, and special offers.
You also may provide information to be published or displayed on public areas of the Website, or transmitted to other users of the Website or third-parties, such as testimonials, feedback or comments. These contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your contributions. Therefore, we cannot and do not guarantee that your contributions will not be viewed by unauthorized persons.
(c) Credit Card and Payment Related Information. If you make a purchase on our Websites you will need to provide your credit card information and related billing information, such as billing address and shipping address. This information is used to process your order. Our online store is hosted on Shopify Inc. Your payment information, including your credit card data, is stored on Shopify’s databases.
2. Information We Collect Through Automatic Data Collection Technologies and How We Use It
Our Websites use Google’s analytics platform (“Google Analytics”), and other analytics platforms, in order to collect data about where traffic to our Websites originates, how long visits last, and other associated information. For more information about Google Analytics, please visit Google’s official Google Analytics webpage here.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Networks ads here. Google also offers other opt-outs for Google Analytics here. Alternatively, you can opt-out of the collection of data by Google and certain other advertising service providers at the Network Advertising Initiative’s opt-out page, here.
4. Disclosure and Transfer of Your Information
Innovacyn strives to provide excellent service and product selection. We do not sell, rent, trade, license or otherwise disclose your personal or financial information to anyone other than to affiliates under Innovacyn, Inc.’s control, except in the following instances:
- As with most catalog and Internet retailers, Innovacyn occasionally uses a third-party to perform specific functions on our behalf. We partner with third-parties (e.g., U.S. Postal Service, United Parcel Service, and Federal Express) to ship products, to ensure delivery, obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third-party. Personal Information such as your name; shipping address; email; and phone number are provided to such third-parties.
- Innovacyn provides credit card information to financial services corporations for payment processing. When credit card information is submitted for authorization, we use state-of-the-art data encryption to protect your information. (See, Data Security.) Innovacyn uses a third-party vendor, Shopify, to process your credit card information, as described in section 1 (c) above. Innovacyn does not have access nor does it retain your full credit card information.
- We may share non-personal information (e.g., the number of daily visitors to a particular web page, or the size of an order placed on a certain date), with third-parties such as advertising partners. This information does not directly personally identify you or any user.
- We may publicly disclose the name, city, and state of contests’ and sweepstakes’ winners.
- We may disclose use your name, city and state, which you voluntarily provided to us in connection with the feedback, testimonial or comments to be posted on our Websites.
- We may send marketing emails to the email address you provide. We use third-party email services for some of this communication.
We use a variety of security measures, including encryption and authentication tools, to help protect your information.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
6. Choices About How We Use and Disclose Your Information– Opt-Out
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Communications from Innovacyn. If you do not wish to have your Personal Information used by us to receive notifications of new animal trends, products, newsletters, and special offers, you can opt-out by clicking here. Because we have to communicate with you about orders that you choose to place on our Websites, you cannot opt out of receiving emails related to your orders or the transferring of your Personal Information needed to process your orders.
- Promotional Offers from the Innovacyn.If you do not wish to have your Personal Information used by us to promote our own products or services, you can opt-out by clicking here. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
- Targeted Advertising.If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by clicking here.
7. Accessing and Controlling Your Information
You may send us an email at firstname.lastname@example.org to request access to, a copy of, or to update, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you wish to delete information that you voluntarily provided to us to be published or displayed on public areas of the Website, or transmitted to other users of the Website or third-parties, such as testimonials, feedback or comments, copies thereof may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
You may also contact us to object to, or limit or restrict, use of all or part of your Personal Information.
8. Children Under the Age of 13
We do not knowingly collect or solicit personal information from children under 13. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
9. Contact Information and Your California Privacy Rights
10. We May Update this Policy