Terms of Use

Healthy Kitten (“HK”) owns and operates this website. By accessing and using this site, you agree to each of the terms and conditions set forth herein, our Privacy Policy, and agree to abide by the HK’s Bylaws, rules, regulations, procedures as set forth in the HK Charter and Bylaws, rules, regulations, published policies and guidelines. Additional terms and conditions applicable to certain areas of this website or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions.

HK reserves the right to modify these Terms of Use at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

You may use this website for lawful purposes only. You may not use this website for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through this site, and you consent to our use of data in compliance with the Privacy Policy.

Sweepstakes, contest, and promotions may also have additional rules and eligibility requirements, such as age or geographic restrictions. You are responsible for complying with these rules and requirements.

INTELLECTUAL PROPERTY

The audio and video materials, photographs, text, graphics, logos, designs, interfaces, software, data and other content associated with the services (“Content”) are protected by intellectual property and other laws in the US and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and HK, HK will retain all right, title and interest in and to the services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, HK reserves all rights to the service and Content. You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with the Terms of Use, and may not build a business or other enterprise utilizing any of the Content. Except as expressly authorized in writing by HK, you may not either directly or indirectly or through the use of any software, device, internet site, web-based service or any other means download, store in a database, archive or otherwise copy any part of the Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, display or perform any part of the Content; license any part of the Content; or otherwise create any derivative works or materials based on the Content.

Photos, if not statetd otherwise, are taken from unsplash.com. We like to thank the community of photographers for providing their work to this site.

THIRD PARTY LINKS

This website contains links to websites which are not maintained by the HK. Links to third party websites are provided for your convenience and information only. Third party websites are not under the HK’s control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can the HK guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply the HK’s endorsement of the third party website nor that HK is affiliated with the third party website’s owners or sponsors.

USER SUBMISSIONS

You agree that any submissions you make to the site may be refused, edited, removed, modified, published, transmitted and displayed by the HK without notice and you waive any rights you may have with respect to such editing or modification or notice. By submitting anything to the site, you grant HK a perpetual, non-exclusive, worldwide, royalty free, license to the submission to the HK or any third party the HK designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission. HK reserves the right to refuse, delete, move or edit any of the submissions in its sole discretion. Except as provided in the Privacy Policy, HK does not guarantee that your submissions to the site will be private. You should not provide submissions that you want to remain private.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that any materials, postings, feedback, User Submissions of any kind that you submit to this site or a Social Media Site are owned by you and will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or propriety rights; (b) contain any libelous or otherwise unlawful material or (c) are conduct prejudicial to the HK.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless HK, its affiliates, and their respective directors, officers, employees, agents, contractors, licensors and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms of Use or any breach by you or any user of your account of any of your representations and warranties.

THIRD PARTY CONTENT

HK may provide third party content (including advertisements) on the site. HK does not endorse or evaluate third party content, and HK does not assume responsibility for third parties’ actions, submissions or omissions. The HK has no obligation to monitor User Submissions or Third Party Content. You agree that HK will not be liable of User Submissions or Third Party Content or any loss or damage resulting therefrom.

We use multiple caching and data delivery technologies to facilitate media distribution and enhance media performance for you. When you access our website, we may use a third-party service that uses the processing capabilities, memory and bandwidth on your computer, mobile phone or other applicable device to transmit content and other data or features to you and to other users of the website, and to facilitate the operation of the network on which the service runs. You are solely responsible for any telecommunication or other connectivity charges incurred through the use of the service.

SOCIAL MEDIA SITES

In certain instances, you may be able to connect and/or link to an HK social media site including but are not limited to HK Facebook pages, Twitter account, Google+, YouTube, Pinterest, Snapchat, and Instagram (“Social Media Sites”). The Social Media Sites are social media locations for community members to connect to and learn about HK. HK’s goal is to provide useful and interesting content about HK, its activities and events. HK reserves the right to (a) refuse, edit, remove, modify any content; (b) block disruptive users and (c) discontinue any HK Social Media Site. HK’s Social Media Sites are not the appropriate place to resolve issues or complaints. HK does not create, control, represent or endorse any opinions or statements expressed by others on its Social Media Sites, including those that Follow or Like HP and those Followed or Liked by HK. HK’s following of another user’s account, “likes” of another page, re-tweets, “favorites,” shares or otherwise re-posting another’s content, does not constitute an endorsement by HK. HK is not responsible for the terms and conditions, privacy policy, or content of any social media site. You agree by posting on a Social Media Site, you grant HK a perpetual, non-exclusive, worldwide, royalty free, license to the submission to the HK or any third party the HK designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission.

DISCLAIMER OF WARRANTIES

THE HK MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. HK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. HK DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. HK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE HK BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THE HK HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HK’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

ARBITRATION

YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN THE HK AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE HK BYLAWS, RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE HK CHARTER AND BYLAWS, RULES, REGULATIONS, PUBLISHED POLICIES AND GUIDELINES.

MISCELLANEOUS

HK may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notice will be effective upon HK posting them in the relevant area of the site or delivering them to you via email. You may update your email address by visiting your account where you can provide contact information. If you do not provide HK with accurate information, HK will not be responsible for failure to contact you.

HK’s failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision. If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms of Use will continue to be valid and enforceable.

You authorize HK to provide information concerning you and your activities to comply with applicable laws or respond to a court order, subpoenas, or other lawful requests, or if HK thinks doing so would protect your safety or that of another person or protect the security of the services or as otherwise described in the Privacy Policy.

Dated: 03/2023