Fanimal.co Terms and Services
These terms and conditions (the “Terms and Conditions”) govern the use of and subscription to the website www.fanimal.co (the “Website”). Which is operated by or on behalf of Fanimal, LLC, a North Carolina limited liability company, P.O. Box 233-DTS, Boone, NC 28607.
The terms “we,” “us,” and “our” refer to Fanimal, LLC. The term the “Site” refers to Fanimal.co. The terms “user,” “you,” and “your’ refer to site visitors, customers, members and any other users of the site.
Fanimal.co is a membership site for online training, courses, resources, community building, and other content relating to animal welfare (the “Service”).
Use of Fanimal.co, including all materials presented herein and all online services provided by Fanimal, LLC, are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of educating and raising awareness. The scope of services provided by Fanimal, LLC, according to this Agreement are limited to those listed on Fanimal.Co website. Fanimal, LLC, reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 8 are prohibited from using the Site. Information provided on the Site and in the Service related to animal welfare and other information are subject to change. Fanimal, LLC, makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Fanimal, LLC, disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Fanimal, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy of publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service, thus initiating the Initial Subscription Period. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plug-ins, etc.). You agree and understand that no breach of contract action may be initiated against Fanimal, LLC when there are reasonable delays in the access of the Service.
RENEWAL SUBSCRIPTION PERIOD
Unless notice is provided that you do not intend to renew the subscription, this Agreement will automatically renew for a duration equal to the duration of the Initial Subscription (“Renewal Subscription Period”). Renewal Subscription Periods cannot be terminated during such Renewal Subscription Period. Other than for causes outlined below in “Termination.” Notice of non-renewal must be sent no less than 5 days in advance of the end of the Subscription Period. The Renewal Subscription Period will be on the current terms and conditions of this Agreement and subject to Our standard pricing at the time the Renewal Subscription Period begins. Should You decide not to renew this Agreement, you may send the notice of non-renewal to [email protected]
Fanimal, LLC reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Fanimal, LLC should dissolve or cease to exist, then your access to the Service terminates.
CANCELLATIONS, REFUNDS, & RETURNS
We offer a 30 day refund policy should you be unhappy with the Service. To request a refund, please email [email protected]. You may cancel a monthly subscription at any time via your account page, but no refunds will be made for any membership fees already paid (unless you apply for a refund within the first 30 days of your membership). Once you cancel, you will no longer have access to the Service, including all content and community resources, after your current membership period is completed.
The 30-day refund period only applies to your first subscription and cannot be used more than once.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or err-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that nay Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Fanimal, LLC may provide access to a community or social media platforms in conjunction with the Service. Fanimal, LLC is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Fanimal, LLC may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Fanimal, LLC will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the provided community and social media platform. Fanimal, LLC is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Fanimal, LLC Brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Fanimal, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Fanimal, LLC remains yours to the extent that you have any legal claims therein. You agree to hold Fanimal, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Grant of Non-Exclusive License. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. You hereby grant Fanimal a non-exclusive license to distribute and sell electronically and through the Internet, and to sublicense electronically and through the Internet the distribution and sale of user-generated content you have sent to Fanimal.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Fanimal, LLC for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Fanimal, LLC including trademarks, copyrights, proprietary information, and other intellectual property. Fanimal, LLC’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property including Fanimal LLC’s copyrighted materials shall remain the sole property of Fanimal, LLC. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Our website and Fanimal, LLC
Our website at Fanimal.co is a member website aimed to raise awareness, provide information, and facilitate community discussion about animals. This website is not intended for children and we do not knowingly collect data relating to children.
Fanimal, LLC is the data controller responsible for this website and any handling of personal data carried out by or on behalf of Fanimal, LLC.
Personal data which we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We collect a variety of information about our wonderful customers (you!) and visitors to the Fanimal.co website. This personal data falls into these categories:
Identity Data includes title, first name, last name, username or similar identifier and an encrypted version of your login/password. If you interact with us through social media, this may include your social media user name.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Profile Data includes your username and password, purchases or orders made by you, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Usage Data includes information about how you use our website, products and services.
Tracking Data includes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.
Marketing and Communications Data includes your preferences in receiving direct marketing from us and our third parties and your communication preferences.
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. Fanimal.co uses Google Analytics to perform these actions. Google Analytics collects information on use of forms, buttons, and pages on our website. Google Analytics also collects information on all interactions with emails from Fanimal.co.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses. If you use any of these types of personal data on products you design or create on moo.com, we will not be able to tell. We will treat all the personal data included in designs or products as ordinary personal data.
Remember, if you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide the products and services you’ve asked for.
1. How your personal data is collected
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or through chat or social media.
This includes personal data you provide when you: sign up to receive the emails from Fanimal.co; make enquiries or request information be sent to you; create an account on our website; order our products or services; ask for marketing to be sent to you; engage with us on social media; enter a competition, promotion or survey; contact customer services; or leave comments or reviews on our products or services.
As you interact with us, including via the Fanimal.co website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may also collect Tracking Data when you use our website, or when you click on one of our adverts (including those shown on third party websites).
We may receive personal data about you from various types of third parties, including: Technical Data and/or Tracking Data from analytics providers, advertising networks and search information providers; Contact, Financial and Transaction Data from providers of payment and fraud prevention services; Identity and Contact Data from data partners; and Data from any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
2. How we use your personal data
Where we need to perform the contract we are about to enter into or have entered into with you. For example, when you purchase our products, that’s a contract.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, when we carry out fraud screening as part of the check-out process.
Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
Generally, we do not rely on consent as a legal basis for processing your personal data other than where the law requires it, for example in relation to sending certain direct marketing communications. Where our legal basis is consent, you have the right to withdraw consent any time.
See Explaining the legal bases we rely on to process personal data to find out more about the types of lawful basis that we will rely on to process your personal data.
3. Explaining the legal bases we rely on to process personal data
The table below shows you a description of all the ways we plan to use personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
|Purpose/Activity||Type of data||Lawful basis for processing|
|To register you as a new customer||Identity Contact||Performance of a contract with you|
|To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
|Identity Contact Financial Transaction
Marketing and Communications
|Performance of a contract with you
Necessary for our legitimate interests (including to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
|Identity Contact Profile
Marketing and Communications
|Performance of a contract with you
Necessary to comply with a legal obligation
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To deliver direct marketing to you||Identity
Marketing and Communications
|For most direct marketing communications, we rely on consent, however there are situations in which it is in our legitimate interests to use your personal data in this way
marketing communications below)
Advertising, your preferences
|To enable you to take part in a prize draw, competition or complete a survey||Identity Contact Profile Usage
Marketing and Communications
|Performance of a contract with you
Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect
and this (including data system support,
|Identity Contact Technical Tracking||Necessary to comply with a legal obligation|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||Identity
Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to
improve our products/services, marketing, relationships experiences
|Technical Tracking Usage||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||Identity Contact Technical Usage Profile||Necessary for our legitimate interests (to develop our products/services and grow our business)|
|To prevent and detect unlawful acts||Identity Contact Financial Transaction Technical Tracking||Necessary for our legitimate interests (to protect our business and our customers by way of undertaking fraud monitoring and suspicious transaction monitoring)
Necessary to comply with a legal or contractual obligation to share personal data for the purposes of law enforcement
|In order to resolve legal claims or disputes involving you or us||All relevant data categories, depending on the nature of the allegation or claim||Necessary to bring or defend a claim|
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
We do not carry out any automated decision making.
If you ever have any questions about this, all you have to do is ask. See How to contact Fanimal, LLC about privacy below.
4. Advertising, marketing and your communications preferences
We may use your Identity, Contact, Technical, Tracking, Usage and Profile Data to form a picture of what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and tell you about them. This is what we call direct marketing.
We may carry out direct marketing by email, phone, text or post. For example, you might have the Fanimal.co newsletter hit your inbox or a cool promotion land on your door mat.
On our website, we always try hard to make it really clear what we are doing and what communications you will be sent, whether it’s you deciding to sign up to the Fanimal.co newsletter or as part of creating an account or the purchase journey – and you have a right at any time to change your mind and say no thank you and opt out (but we’d be really sorry to see you go, so please gives us a chance by fine tuning your preferences before really leaving us!). The easiest way to opt out is to use the unsubscribe link at the bottom of the communication.
Of course, there are lots of different ways you’ll see adverts for Fanimal, LLC out and about, and not all of these are based on using personal data – sometimes we just buy good old-fashioned advertising space in the real world and websites and social media. If you see Fanimal, LLC’s adverts on websites and in social media, these may not be directed specifically at you, we might just have bid for the space. But here’s some things we may do that may be specifically directed at you: emails; text messages, for example with discount codes; promotions by post; and/or phone calls, to tell you something that might be relevant to you and your business or organization.
We also work with partners to try and promote the reach of our adverts and use analytics and retargeting for this reason. We use Tracking Data to deliver relevant online advertising, including via websites and social media.
Tracking Data, and in particular cookies, help us to deliver website and social advertising that we believe is most relevant to you and to potential new customers of Fanimal, LLC. The cookies used for this purpose are often placed on our website by specialist organizations. This includes retargeting.
Cookies can also tell us if you have seen a specific advert, and how long it has been since you have seen it. This is helpful, because it means we can control the effectiveness of our adverts and control the number of times people might be shown our adverts (you know, before we risk become annoying). Cookies also help us understand if you’ve opened a marketing email because we don’t want to send you things you don’t read.
If you want more information about Tracking Data, in particular cookies, see Cookies below.
Almost all the cookies that relate to advertising are part of third party online advertising networks. If you’d like to read about how you can control which adverts you see online, see opt-out programs established by the Digital Advertising Alliance (United States), the Digital Advertising Alliance of Canada and the European Interactive Digital Advertising Alliance. We do not control cookies which are set by advertising networks.
In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
You can see from Advertising, marketing and your communications preferences above, that cookies are a tool which we (and everyone one else who operates online) uses for advertising. That is just part of why cookies are used. Generally, they are pretty clever.
Cookies help Fanimal.co work better and provide lots of help in the background to make the process of being a Fanimal.co customer a lot easier. You’d miss a lot of these things if they were gone – like it being easy to log in and move from page to page, and things staying in your cart while you go off and look at other pages.
Other cookies collect information about how visitors use Fanimal.co, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and used to improve how Fanimal.co works.
There are also cookies that allow Fanimal to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. They may also be used to provide services you have asked for such as watching a video or commenting on a blog.
There are cookies that collect information about your browsing habits in order to make advertising delivered to you more relevant to you and your interests (see Advertising, marketing and your communications preferences above). They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization.
When you use Fanimal.co, your device or browser may be sent cookies from third parties, for example when using embedded content and social network links. It’s important for you to know that we have no access to or control over cookies used by these companies or third-party websites. We suggest you check the third-party websites for more information about their cookies and how to manage them.
6. Disclosures of your personal data
We may share personal data with the following categories third parties:
Suppliers and service providers (such as technology service providers, payment processing and fraud prevention providers, manufacturers and post and courier services); auditors and professional advisers like bankers, lawyers, accountants and insurers; and government, regulators and law enforcement.
We share personal data with the following specific third parties:
Active Campaign, LLC; and Memberpress.
We also share data with third parties connected to advertising, retargeting and analytics. Please see Cookies above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
7. Payment information
Fanimal, LLC uses third party payment processors Stripe, Inc. to process payments made for products and services via the Website. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards (which are high!) and your billing information (which is only used by these payment processors for the purpose of performing fraud protection) is encrypted before being communicated to them. Subject to the below exceptions, your credit card details are communicated directly from your browser to these payment processors – Fanimal, LLC never (ever!) sees your full Permanent Account Number (PAN). This means that the payment form is either off-site or displayed in a frame on the payment page.
For Stripe, Inc., if on the payment page you have requested that your card details be remembered (it’s such a timesaver!) and the payment was successful, Fanimal, LLC stores the card type, a Masked PAN (only the first 6 and last 4 digits) and the card’s expiry date as well as an associated token. We store this information so that you and we can identify your stored card and use it for further payments at Fanimal.co. This stored information can be deleted via the payment form on the Website should you wish to do so. We also store separately the last 4 digits and card type so that we can identify transactions made by a particular card.
8. International transfers
Whenever we transfer your personal data out of the EEA, we will comply with applicable data protection law. Some of the mechanisms we may choose to use when undertaking an international transfer are:
The transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe (called the “EU Model Clauses”).
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. If the provider is not EU-US Privacy Shield certified, we may use the EU Model Clauses.
We share your personal data within the Fanimal, LLC, which will involve transferring your data outside the European Economic Area.
Many of our external third-party providers are based outside the EEA, so their processing of your personal data will involve a transfer of data outside the EEA.
9. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
10. Third-party links
11. Data retention
We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers for tax purposes.
We also make a promise to you that you can come back at any time in the future and re-print products you have ordered from us in the past. So, unless you actively delete this information, we keep it, so we can keep our promise to you.
In some circumstances you can ask us to delete your data; see Your legal rights below for further information.
In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
12. Your legal rights
If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:
The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the personal data we hold about you;
The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;
The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);
The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;
The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and
Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.
These rights are subject to certain rules around when you can exercise them. You can see a lot more information on them, if you are interested, on the UK Information Commissioner’s Office website.
If you wish to exercise any of the rights set out above, please contact us (see How to contact Fanimal, LLC about privacy).
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
13. How to contact Fanimal, LLC about privacy
If you need help about our products and services, or this website generally, please contact us here.
14. A little request from Fanimal, LLC to you
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. You can do this by updating your account. Thank you.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Fanimal, LLC is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Fanimal, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Fanimal, LLC’s cumulative liability to you exceed the total purchase price of the service you have purchased from Fanimal, LLC, and if no purchase has been made by you Fanimal, LLC’s cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Fanimal, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Fanimal, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Fanimal, LLC shall de deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Fanimal, LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Fanimal, LLC, P.O. Box 233-DTS, Boone, NC 28607
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
In the event of any dispute between Fanimal, LLC and You concerning these Terms, all such disputes shall be resolved by binding arbitration before a single neutral arbitrator in Watauga County, North Carolina. The arbitrator shall be selected from the American Arbitration Association through its procedures. All rules governing the arbitration shall be the rules as set forth by the American Arbitration Association. The arbitrator is bound to rule only on whether or not there has been a violation of the terms of these Terms and to render an award, if any, that is consistent with the terms of these Terms. Neither party to these Terms is entitled to any legal recourse or rights or remedies other than those provided within these Terms. Your sole remedy for claims arising out of these Terms, are those set forth in these Terms. The arbitrator may apportion the costs of the arbitration, including arbitrator’s fees, among the parties, but shall have no power to award attorneys’ fees. You agree that any claim, action or proceeding arising out of or related to these Terms must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREES THAT YOU HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.