DISCLAIMER: All information contained in Aspenbloom Pet Care is intended for educational purposes only. It is not provided in order to diagnose, prevent or treat any disease, illness or injured condition of the body or pets and the author, publisher, and contributors accept no responsibility for such use. Anyone or their pets suffering from any disease, illness or injury should consult with their physician or veterinarian. The ONLY essential oils we use and refer to in ALL our posts, articles, and podcasts are Young Living Essential Oils. We DO NOT use any others and would not. The statements herein have not been evaluated by the Food and Drug Administration and the AVMA (American Veterinary Medical Association).
Articles written by Kim Bloomer may be reprinted in their entirety only and ONLY with following attribution box intact and hyperlinked:
©2005-2007 Kim Bloomer
Kim Bloomer is a natural pet care educator, professional lecturer, host of the online radio show Animal Talk Naturally and a proficient blogger and writer on natural pet health. Kim is also co-author of the book Whole Health for Happy Dogs. She worked in the veterinary field for many years and continues to do extensive research into natural health care for dogs and cats. Kim is currently enrolled in the Clayton College of Natural Health studying for a Bachelor of Science in Holistic Nutrition/Doctor of Naturopathy.
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TERMS OF USE:
Welcome to Aspenbloom Pet Care. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Aspenbloom Pet Care’s relationship with you in relation to this website.
The term “Aspenbloom Pet Care” or “us” or “we” refers to the owner of the website whose registered office is 8201 Florence Ave NE, Albuquerque, NM 87109. The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without [business name]’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America and the State of New Mexico.
1. Description of Service.
Aspenbloom Pet Care operates the AspenbloomPetCare.com web site (the “Site”) to offer you access to nutritional consultations, nutritional supplements, herbs, natural health products, books, and CDs for you and your pets has been developed for you by Aspenbloom Pet Care or distributed by Aspenbloom Pet Care for you. Use of the Site is governed by this agreement (this “Agreement”) and the terms of service (“TOS”) described herein.
2.ACCEPTANCE OF TERMS OF SERVICE
When desiring a nutrition consultation you must first request the form, fill it in and return back to us. Once that form is filled in, we will then determine at that time if we are able to help you with your pet (dog or cat only). We do not diagnose, treat or prescribe nor do we tell you what you should or should not do as regards your pets’ diagnosis or prescription from your veterinarian. Our service is solely to help inform you to YOU make the decision for your pets as regards their health and care. You agree to these terms when you request the form.
3. FEES AND PAYMENTS/LIMITED ACCESS TO THE SITE.
Aspenbloom Pet Care does not currently impose fees for access to the Site.
No fee will be charged to you unless you have agreed in advance to pay the fee for your specific purchase.
4. PERMITTED USES AND RESTRICTIONS ON USE OF CONTENT/COPYRIGHT
Whenever used in this Agreement, the term “Content” shall mean any and all articles, databases, software, books, magazines, photographs, images, graphics, illustrations, audio, video, and any other content that is offered to you by or through the Site.
Content available through the Site originates from Aspenbloom Pet Care, Animal Talk Naturally, Bark ‘N’ Blog, A Dog’s View and a variety of third party providers. In order to protect and preserve our copyrights and other intellectual property rights in their respective Content, you agree to the following with respect to any specific item of Content that you license or that is otherwise made available to you through the Site:
a. You will abide by all copyright notices and copyright directives relating to or provided with the Content.
b. You will not, directly or indirectly, reproduce, copy, transmit, distribute, display, publish or print any Content in any form or medium or (ii) sell, loan or license any Content.
c. You will not, in whole or in part, modify, adapt, transform, translate or create any derivative work based on the Content in a manner that would infringe any person’s copyright or other proprietary rights therein.
d. You will not remove any copyright notice from the Content.
5. DISCLAIMER OF WARRANTIES.
a. YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASPENBLOOM PET CARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. ASPENBLOOM PET CARE MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY PERSON WILL ACHIEVE A DESIRED RESULT OR RESULTS FROM THE USE OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
c. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASPENBLOOM PET CARE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
6. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASPENBLOOM PET CARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ASPENBLOOM PET CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME. IN ADDITION, THE AGGREGATE AMOUNT OF ASPENBLOOM PET CARE LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO ASPENBLOOM PET CARE UNDER THIS AGREEMENT OR THROUGH THE SITE, IF ANY.
7.EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
8. WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE
In consideration of your being permitted to use the Site, and natural pet health information (as defined below), you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors and assigns, hereby agree to release Aspenbloom Pet Care and its past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns (and their respective past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns) (each, a “Released Party”) from any and all liability for injury, death, damage, cost, expense and other loss suffered or incurred by you as a direct or indirect result of your use of any information or product (collectively, “natural pet health Information”) that is, directly or indirectly, available from or through the Site at any time.
In further consideration of your being permitted to use the Site and the natural pet health Information, you hereby agree that you will not, at any time hereafter, commence, maintain, prosecute, participate in as a party, or permit to be filed by any other person on your behalf, any action or proceeding of any kind, judicial or administrative, in any court or agency against any Released Party with respect to any act, omission, statement, information, transaction or occurrence that relates, directly or indirectly, to your use of the Site or the natural pet health Information at any time.
You understand and agree that you should consult with your veterinarian (i) before utilizing any of the holistic pet health information and (ii) during the course of your use of the holistic pet health information if you have any concerns or questions about the impact of such use on your pet(s) medical condition. You acknowledge and agree that you are not relying, and will at no time rely, on any Released Party to provide you with medical advice of any kind (including advice pertaining to your use of the holistic pet health information), or to advise you of the medical risks for your pet associated with your use of the holistic pet health information. You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of the holistic health information and that you will not sue any Released Party based on such information or advice.
You acknowledge and agree that the release, waiver and covenant not-to-sue contained herein is intended to be as broad and inclusive as permitted by the laws of New Mexico and agree that if any portion is held invalid, the remainder of this release, waiver and covenant not-to-sue will continue in full legal force and effect.
You acknowledge and agree that you have read this release, waiver and covenant not-to-sue and fully understand that by agreeing to this Agreement, you are giving up legal rights and/or remedies that may be otherwise be available to you.
9. LINKS
The Site from time to time may contain links to and from various third party sites on the World Wide Web. You acknowledge that such third party sites are completely independent of the Site and that Aspenbloom Pet Care has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site. If you have any questions or concerns about such third party sites, you should contact the site administrator or web-master of the third-party site.
10. COMMUNICATIONS BETWEEN Aspenbloom Pet Care AND CUSTOMERS
Aspenbloom Pet Care reserves the right to provide you with information about products and services from Aspenbloom Pet Care. Aspenbloom Pet Care also reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.
11. COMPLIANCE WITH LAW/U.S. AND INTERNATIONAL
In view of the global nature of the World Wide Web, you agree to comply with all local laws, rules and regulations, including those governing your use of Content and on-line conduct. Specifically, but without limitation, you shall comply with all applicable laws, rules and regulations regarding the transmission of technical data and software exported from the United States or the country in which you reside.
You hereby agree to indemnify, defend and hold harmless Aspenbloom Pet Care, its subsidiaries, affiliates, employees, agents, co-branders and other partners (collectively, the “Indemnified Parties”) from and against any and all liability, damage, cost and expense (including reasonable attorneys’ fees) incurred by the Indemnified Parties (or any of them) in connection with any claim arising out of or relating to (i) your use of the Site or any holistic health information, (ii) a breach by you of any of your representations, warranties or covenants in this Agreement, (iii) your connection to the Site or (iv) any violation of the TOS by you. You agree to fully cooperate in the defense of any such claim.
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