APA Approved Legal Disclaimer
For Businesses or Products
Last updated: 1/13/2010 . Please take the time to fully read and
understand this legal repository.
American Pet Association/American Companion Animal Association,
(hereinafter: APA/ACAA, our, and we) is an independently owned American
organization serving the National Pet Owning community through consumer
protection initiatives which includes exposing trustworthy Pet
Businesses and Products. This legal disclaimer applies to every
applicable entity, including all Business or Products, Internet
business, homepages, site operators, business owners, and APA/ACAA
Approval Program participants, (hereinafter: you, your, Business or
Product, business owner).
All APA/ACAA Approval Logos, (Approvals), logos, and other provisions,
are for Business and Product identification purposes only, and are not
designed to be used in any way which is deemed illegal or deemed harmful
to you as an approved Business or Product or Internet business
participating in the Approval Program. It is your responsibility to
determine the laws regarding your Business or Product in your area and
whether or not your Business or Product's operation is of an illegal
nature. It is further your responsibility to determine if our Approval
Program will cause you any mental, physical, and/or financial harm. As a
Business or Product manufacturer you release APA/ACAA from all claims,
damages, or losses suffered, or declared to be suffered, as a result of
your participation as an Approved Business or Product, a participant in
the American Pet Association/American Companion Animal Association
Approval Program.
The following governs your use of this Business or Product Approval and
participation in the Approval Program. By using this Business or Product
Approval or participating in the Approval Program, you agree to be, and
are, bound by the terms, conditions, and legal statements set forth in
this legal disclaimer. This page may be updated from time to time,
please check this page periodically for updates. You acknowledge and
agree that your Business or Product's continued use of this Approval,
your Approval Logo, and program participation after any such update(s)
are implemented, signifies your acceptance of such modified terms,
conditions, and statements in this legal disclaimer. Because this is a
legal agreement between you and APA/ACAA, we recommend you to print out
and retain a copy of this disclaimer for your records, (use the print
button, bottom or top of page - it works with most browsers, depending
on browser settings).
If you do not agree to these terms, conditions, and/or statements set
forth in this legal disclaimer, you are not authorized and forbidden to
access or use this Business or Product APPROVAL and/or participate in
the Approval Program. This legal disclaimer is divided into SECTIONS as
per the following:
OWNERSHIP
Section One
American Pet Association/American Companion Animal Association is a
registered Trademark (TM). Any duplication, mis-representation,
reproduction, or otherwise of trademarks, logos, or Business or Product
Approval content is strictly prohibited without express written consent
from APA/ACAA. Approval Logo instruments, coding, related graphical
images, trademarks, logos, site approval seals, Approvals, and all other
content displayed on this Business or Product, (hereinafter: the Marks),
belong to APA/ACAA You or anyone else has no right whatsoever to the
Marks. You may not use, reproduce, change, or display Marks, without
prior written consent from APA/ACAA You may only use or display the
official American Pet Association/American Companion Animal Association
Approval Logo, as issued to you, only in conjunction with your Approval
Program participation. Unless expressly stated in this Business or
Product, you should assume that all content, images, and materials
appearing on this Business or Product, (collectively, the 'Content') are
the property of APA/ACAA Such Content is protected by both U.S. and
international copyright laws and existing treaties. You may not use,
reproduce, display, or sell any Content without prior express written
consent from APA/ACAA We retain ownership and all rights to APA
APPROVED (name), Approval Logos, seal logos, software, databases,
reports, and information. All materials contained in this Business or
Product Approval are copyrighted, (2002-2010) by APA/ACAA The content
presented herein may not under any circumstances be distributed in any
way, shape, or form without exclusive prior written permission from
APA/ACAA
You agree and understand that the APA/ACAA Approval Program, and all
graphic designs (including Approval Program instruments and code),
certain icons, tags, HTML code, computer programming, and other elements
incorporated herein this Business or Product Approval are the exclusive
sole property of APA/ACAA In addition, you acknowledge that APA/ACAA
owns all rights, titles, and interests to trademarks, trade names,
service marks, inventions, seal instruments, seal code, copyrights,
trade secrets, patents, technology, software, and know-how related to
the design, function, or operation of its Approval Program. Your rights
to our services or programs are strictly limited to the rights expressly
granted in these terms, conditions, and statements outlined in this
legal repository.
LINKS
Section Two
The American Pet Association/American Companion Animal Association
Business or Product Approval will contain links to other 'approved'
member Business or Products, or Business or Products that display our
Approval Logo as part of their participation in the American Pet
Association/American Companion Animal Association Approval Program. As
well, the American Pet Association/American Companion Animal Association
Business or Product Approval may refer to other Businesses or Products.
You agree that we are not responsible or liable in any way for (a) the
availability or accuracy of such businesses or products, or (b) the
content, advertising, or Products on, whether existing or lack of, or
available from such businesses. The inclusion of any referral in our
Business or Product Approval does not necessarily imply that we endorse
any of such linked or 'featured' Business or Products. Links (a.k.a.
'hyper-links') or referrals made by this Business or Product will be
based on those Business or Products that APA/ACAA believes to be safe,
ethical, and legitimate. However, use of these referrals is at your own
risk, should any exist. Referrals from the American Pet
Association/American Companion Animal Association will be made after
reviewed and approved by the
APA/ACAA evaluation committee.
REGISTRATION PROCESS
Section Three
To register into the Approval Program, you must submit: (a) the
completed application form, and (b) the fee payment, as prescribed in
the application a copy which can be found in this Business or Product
Approval Site and (c) copies of insurance and bonding documents.
Registration data shall include, but will not be limited to, your name,
physical business operating address, email address, and other required
information pertinent to the approval evaluation process. Information
submitted to American Pet Association/American Companion Animal
Association will be secured and bound by the APA/ACAA
privacy policy,
a copy which can be found at the APA Approval Web Site
(www.apaapproved.com). We reserve the right to securely discard
registration forms submitted to American Pet Association/American
Companion Animal Association without the proper accompanying fee
payment. We reserve the right, in our sole discretion, to refuse or
reject any registration form, for any reason or no reason at all, and
shall not be obligated to provide reasoning in such cases. However, in
most cases, American Pet Association/American Companion Animal
Association will disclose reasons for denials and rejections of Business
or Product Approval, by way of email communication. Our use of your
registration information is governed by our
privacy policy,
at ALL TIMES.
YOUR PAYMENT
Section Four
You agree to pay American Pet Association/American Companion Animal
Association a registration and approval fee
as prescribed
at our web site. Unless stated otherwise, registration fees paid are
non-refundable. IN NO CASE WILL REFUNDS BE ISSUED. All fees are DUE in
advance of Business or Product Approval
evaluation, and such fees paid are for your participation in our
Approval Program. Approval Logo program participation periods are in
effect for one year only. After one year, a renewal fee will become due
to APA/ACAA. APA/ACAA will revoke the approval of any Approved Business
or Product that has failed to submit their renewal fee. American Pet
Association/American Companion Animal Association will advise member
Business or Products when Approval Logo renewal is due, usually in
advance of Approval status expiration. Any failure to pay the
registration, approval, and/or renewal fee amounts due under the terms
of your participation, and as set forth in our
pricing page
of this Business or Product Approval, will be a material breach of your
obligations under these legal conditions. Without limiting any other
remedies available to APA/ACAA, YOU AGREE TO FULLY REIMBURSE APA/ACAA
FOR ANY COSTS AND EXPENSES INCURRED IN CONNECTION WITH COLLECTING OR
ATTEMPTING TO COLLECT ANY SUCH UNPAID OR OVERDUE FEE PAYMENT AMOUNTS.
PRICING MODIFICATIONS AND CHANGES
Section Five
American Pet Association/American Companion Animal Association may change
its fees, at any time, by updating the applicable
pricing page,
a copy which can be found in this Business or Product.
Furthermore, existing seal program participants may be notified of such
pricing changes, for information purposes only, (price changes apply to
new Approval Logo applicants only, and are not applicable to existing
Approval Logo program participants). New pricing terms will become
effective ONLY after APA/ACAA publicly posts such pricing changes on its
Business or Product. Changes to pricing will become effective five (5)
days after such notification and posting of price changes. As noted,
such pricing changes WILL ONLY AFFECT NEW Approval Logo applicants, and
will in no way pertain or apply to existing approved member Business or
Products, until and only when their current seal status term has expired
or is terminated; in which case, renewals will be subject to the current
or applicable price schedule at time of renewal. By continuing to
participate in the APA/ACAA Approval Program deems your acceptance of
any such prices changes, as they occur.
DURATION AND CANCELLATION OF SERVICES
Section Six
Approval status will be provided on a one year term basis, measured from
the time and date a Business or Product was approved. At any time after
the Approval of a Business or Product, American Pet Association/American
Companion Animal Association may cancel the Approval, in whole or in
part, by providing written notice to affected parties, such as our
approved Business or Products. In such cases, program termination will
commence on the date specified in the cancellation notice. If no date is
specified, the Service will terminate at the end of your approval status
participation period, (of one year). APA/ACAA also reserves the right to
cancel any Business or Products Approval Program participation,
immediately and without notice, in the event that it is in breach of any
provisions of this legal disclaimer, or any other conditions that apply
to Approval Program participants, including, but not limited to our
code of ethics,
a copy of which may be found at our web site. NO REFUNDS WILL BE
AVAILABLE ON ACCOUNT OF ANY PROGRAM CANCELLATION, BY EITHER PARTY,
EXCEPT AS EXPRESSLY PROVIDED IN SECTION #4.
REGISTRATION AND ACCOUNT USE
Section Seven
You agree that any information you provide to APA/ACAA, in response to
Business or Product Approval applications for Approval Program
participation, will be true, accurate, current, and complete. In
particular, you agree not to misrepresent your identity to APA/ACAA By
submitting any information to APA/ACAA, you grant us the right to use
this information in our extensive Business or Product Approval
evaluation process, whereas such information will be governed by our
privacy policy,
a copy of which can be found at our web site.
TERMINATION OF PARTICIPATION/APPROVAL
Section Eight
The terms and conditions set forth in this legal disclaimer will begin
on the date that APA/ACAA accepts your initial Business or Product
registration for Approval Program participation, and will continue in
force until that participation has been terminated or has expired. Upon
cancellation of your Approval Program participation, all logos and
related graphics must be surrendered and returned back to APA/ACAA In
such case, SECTION #1 will be in enforced and will be in FULL EFFECT.
APA/ACAA reserves the right to terminate your Approval Program
participation and participation agreement immediately and without notice
in the event that you breach any provisions or terms set forth on this
page, the participation agreement, or throughout this Business or
Product. No refunds will be issued in such cases. Remaining sections of
these terms and conditions shall survive and remain in effect,
notwithstanding any termination of this agreement. Where APA/ACAA
believes that a Business or Product applicant fails to conform to the
guidelines set forth in the
code of ethics,
their Approval status will be revoked. American Pet Association/American
Companion Animal Association WILL ALLOW Business or Product applicants
to re-apply, without having to re-pay application fees. We reserve the
right NOT TO APPROVE Business or Product applications, at our
discretion. Explanations of such decisions will be provided, at our
discretion, to all rejected Business or Product Approval applicants.
Furthermore, an opportunity to address such decisions will be clearly
communicated in order to enable the rejected Business or Product
Approval applicant to remedy, correct, and reverse such decisions.
YOUR PROMISES AND OBLIGATIONS
Section Nine
AS A CONDITION OF YOUR PARTICIPATION IN THE SAFE SITE APPROVAL AND
APPROVAL PROGRAM, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING:
(a) All of the registration information you supply to American Pet
Association/American Companion Animal Association is true, complete, and
accurate, and you will notify American Pet Association/American
Companion Animal Association of any changes to the information
previously submitted during the term of your participation, whereby
updated information will be submitted within twenty (20) days of any
such changes; (b) You will not copy, sell, change, alter, redistribute,
license, sublicense, or otherwise transfer Approval Logo information,
including all related matter, seals, code, and content provided to you,
or any other materials provided to you in connection with your Approval
Logo program participation without written consent from APA/ACAA; (c)
You will comply with all local, state, and federal laws and regulations
governing your actions under this legal disclaimer; and (d) You have
full power and authority to perform your obligations hereunder as per
the conditions set forth in this legal disclaimer. Without
limiting its other remedies, APA/ACAA may refuse or cancel your Approval
Logo status at any time, for any violation of the foregoing promises.
To assure compliance with the criteria in Subsection (b) above, APA/ACAA
reserves the right to monitor all Business or Product activities,
including actions that are non-compliant with the conditions set forth
in this legal disclaimer.
LIMITATION OF LIABILITY
Section Ten
If you do not agree with the terms set forth on this page, or if you are
not satisfied with this Business or Product Approval, or any of the
services or programs that APA/ACAA provides, your sole remedy is to
discontinue your use of this Business or Product Approval, it's
services, and your participation in the Approval Program. AMERICAN PET
ASSOCIATION/AMERICAN COMPANION ANIMAL ASSOCIATION WILL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT
(EXCEPT AS EXPRESSLY PROVIDED IN THIS LEGAL DISCLAIMER), INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING
OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE APA/ACAA BUSINESS OR
PRODUCT OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT APA/ACAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS
PRECONDITION TO YOUR USE OF APA/ACAA's BUSINESS OR PRODUCT AND APPROVAL
LOGO PROGRAM SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
SOLE AND EXCLUSIVE REMEDY
Section Eleven
If you are dissatisfied with any portion of any APA/ACAA program or
service, your sole and exclusive remedy is to immediately cease use of
this Business or Product Approval, and terminate or cancel your
participation in our Approval Program.
MODIFICATIONS TO LEGAL DISCLAIMER
Section Twelve
Additional changes or modifications to these legal terms and conditions
may be made in special circumstances, but only if approved in advance,
signed in writing on APA/ACAA letterhead, by an executive vice president
or higher-level officer of APA/ACAA. Other non-executive personnel are
not permitted nor authorized to waive or modify any provisions of these
legal terms and conditions. No failure by American Pet
Association/American Companion Animal Association to enforce any term or
conditions of this legal disclaimer shall be construed as a waiver
thereof, nor shall it affect your obligations, APA/ACAA's rights, and
remedies hereunder. No modification to this legal disclaimer will
be effective unless: (a) posted by American Pet Association/American
Companion Animal Association in this legal disclaimer page; or (b)
expressly agreed to in writing on American Pet Association/American
Companion Animal Association letterhead and signed by an executive vice
president or higher-level officer at APA/ACAA Any modification to this
Business or Product Approval or legal disclaimer will become effective
immediately (5 days), and your continued use of APA/ACAA's Business or
Product Approval or Approval Logo offered will signify your acceptance
of such modifications.
DISCLAIMER
Section Thirteen
You acknowledge and agree that your use of our Business or Product
Approval, the services and programs we offer, is at your own risk.
Without limiting any other provision contained in these legal statements
and conditions, everything in the Business or Product Approval and the
services we offer are provided to you 'AS IS' AND 'AS AVAILABLE,'
WITHOUT ANY WARRANTY OF ANY KIND, EXCEPT AS DICTATED BY APA/ACAA
APA/ACAA HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND QUIET ENJOYMENT. APA/ACAA MAKES NO
WARRANTIES THAT THE MATERIAL CONTAINED IN ANY BUSINESS OR PRODUCT IS
ACCURATE OR COMPLETE, OR THAT THE BUSINESS OR PRODUCT, OR SERVICES, OR
PROGRAM WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE
SUITABLE FOR YOUR NEEDS OR BUSINESS OR PRODUCT'S INTENDED APPLICATION.
INDEMNITY
Section Fourteen
You agree to defend, indemnify, and hold harmless APA/ACAA, its
officers, directors, employees, agents, and partners, from and against
any third-party claims, actions, demands, damages, liabilities,
expenses, and costs, including without limitation, reasonable legal and
accounting fees, arising from or related to your use of this Business or
Product, or participation in the American Pet Association/American
Companion Animal Association Business or Product Approval And Approval
Program, your violation of this legal disclaimer, or your violation of
any laws, regulations, or third-party rights.
TERMINATION OF PROGRAM
Section Fifteen
American Pet Association/American Companion Animal Association may
modify or discontinue this Business or Product, or the services, or the
programs, it provides at any time, and for any reason, with or without
notice to business owners. American Pet Association/American
Companion Animal Association will not be liable to you, or to your
Business or Product, or any third party, as a result of such
modification or discontinuation of our Business or Product, or services,
or program. The provisions of these legal statements and
conditions will survive any termination of this Business or Product, or
any services, or programs provided by APA/ACAA. Be advised,
American Pet Association/American Companion Animal Association will
exercise its full intention and sufficient capability to operate this
Business or Product Approval and service, uninterrupted, for at least
eight (10) years consecutively (as of December 5th 2009, 11:59 PM EST to
2019).
GENERAL PROVISIONS
Section Sixteen
These terms will be governed by and construed solely in accordance with
the laws of United States, excluding that body of law governing conflict
of laws. Both you and APA/ACAA agree that any legal action or
proceeding relating to or arising out of these legal terms and
conditions, or your use of APA/ACAA's Business or Product, or services
will be brought forth exclusively in a federal or state court in Monroe
County, Florida, and by agreeing to these terms and conditions, you
submit to the personal jurisdiction of, and venue in, such courts.
Therefore, you hereby consent to the exclusive jurisdiction of, and
venue in, such courts for any action commenced by you against APA/ACAA
The prevailing party in any dispute relating to the conditions of this
legal disclaimer will be entitled to recover its costs, expenses and
reasonable attorney fees incurred in connection with such dispute.
If any provision of these legal terms and conditions is held to be
invalid or unenforceable, such provision will be enforced to the
greatest extent of the law possible and the remaining provisions will
remain in full force and effect. Subsection headings found on this
page are for reference purposes only and in no way define, limit, or
describe the scope or extent of such sections within these legal terms
and conditions. Our failure to act with respect to a breach by you
or others does not waive our right to act with respect to subsequent or
similar breaches, nor does it affect your obligations or APA/ACAA's
rights and remedies under these legal terms of conditions in any other
way. These terms and conditions set forth here is the fundamental
basis for agreement between you and American Pet Association/American
Companion Animal Association regarding the subject matter herein.
The APA/ACAA
privacy policy,
a copy which can be found at our web site, is governed by State, and
Federal law. Any claim related to the privacy shall be brought
forth in a federal or state court in Monroe County, Florida within one
year after the claim arises. Approved American Pet
Association/American Companion Animal Association Approved Businesses or
Products and any customers consent to the jurisdiction and venue of such
court as the most convenient and appropriate for the resolution of
disputes concerning the APA/ACAA privacy policy. American Pet
Association/American Companion Animal Association is controlled,
operated and administered entirely within the boundaries of governing
law. The privacy policy outlined herein this Business or Product
Approval Program are not intended to, do not create any contractual, or
other legal rights, in or on behalf, of any party. No party shall be
liable for failure or delay in performing its obligations hereunder if
such failure or delay is due to circumstances beyond the party's
reasonable control, including without limitation, acts of any
governmental body, or failure of the software, or equipment of third
parties. Except as provided otherwise herein, any notice given
under the legal terms and conditions will be made in writing by email
and will be effective on the business day after it is sent. You
may not assign or refer this legal disclaimer, and any attempt to do so
is void. You acknowledge that your American Pet
Association/American Companion Animal Association Approval Program
account is part of the American Pet Association/American Companion
Animal Association network, and, consequently, you will receive periodic
announcements and information updates (12 times or less - per year),
from APA/ACAA as part of a Business or Product's participation in the
Approval Program.
GENERAL INFORMATION
Section Seventeen
Member Business or Products MUST NOT sell, redistribute, loan, or give
out our approval, or seal, or other related services to non-subscribers.
Those requiring to register their Business or Product can please
contact us.
As a APA/ACAA Approval Program participant, only you are the rightful
payee of your participation in the American Pet Association/American
Companion Animal Association Approval Program and have the legal right
to receive APA/ACAA Product and services ONLY. Participants or
approved member Business or Products found using, or redistributing
APA/ACAA Approval Program content or marks to unregistered entities or
persons will have their Approval status cancelled immediately, with all
privileges revoked. There will be no refunds surrendered under
these circumstances of proprietary theft, and there will be NO
exceptions made to this rule.
All Business or Product applications received for APA/ACAA Approval
Program participation are final, and no refunds will be issued, once a
submitted Business or Product has been registered and approved, (except
as expressly provided in SECTION #4). There will be no exceptions
made to this rule. Those interested in participating in the
APA/ACAA Approval Logo program are urged to FIRST examine and assess
APA/ACAA, the Approval Program, and all participation elements, before
proceeding to submit their site registration form. Submission of a
Business or Product registration form is a demonstration of acceptance
to these terms, conditions, and statements of this legal disclaimer.
American Pet Association/American Companion Animal Association FULLY
respects the privacy of ALL approved Business or Product members.
American Pet Association/American Companion Animal Association WILL NOT
sell, redistribute, or use any personal information collected. All
information obtained from a Business or Product will be protected and
treated with the strictest level of confidentiality. Please review
our
privacy policy
for more information.
Although American Pet Association/American Companion Animal Association
will make every attempt to serve our Approval Logo program participants
in a satisfactory manner, we make no guarantees that this will take
place due to the existence of unpredictable factors including, but not
limited to: acts of God, downed Internet servers, Internet congestion,
or otherwise (i.e. terrorist acts, war, earthquakes, etc.).
Although we are a professional and reputable organization, it is solely
the Business or Product's responsibility to examine and evaluate whether
using American Pet Association/American Companion Animal Association’s
Approval is free from risk (financial or physical harm), and is
appropriate to use in any given situation. It's also the Approval
program participant's responsibility to FULLY accept all the risks (if
any), if he or she proceeds to use our Business or Product Approval
program.
PLEASE NOTE: APA/ACAA is governed by all applicable state,
provincial, and federal law. Your intention to participate in the
APA/ACAA Approval program, (registration form submission) and your
participation in our Approval Program is grounds for accepting and
understanding the terms and conditions in this legal disclaimer.
ADDITIONAL INFORMATION
Section Eighteen
This Business or Product Approval is owned and operated by APA/ACAA, a
US Owned LLC. Any questions relating to this Business or Product
Approval or this legal disclaimer may be directed to
rwerner@apapets.org.
LEGAL INFORMATION - FOR CONSUMERS
Section Nineteen
We offer pet owning consumers a means to build trusting and credible
relationships with our Approved Businesses. By identifying those
approved Business or Products that respect pet health and safety, and
ethical business practices, we enable people to enjoy more positive,
safe and ethical pet products and services. When you see our
Approval Logo on a Business or Product, you can be assured that the
Business or Product has been examined and verified by American Pet
Association/American Companion Animal Association for trustworthiness,
safety for your pet, and ethics. Our approved member Business or
Products have made a commitment to stand behind our drive for building
trust and credibility in the pet industry.
However, it is important for you to remember that a Business or
Product's participation in our Approval Program does not necessarily
guarantee you, the consumer, will be satisfied with its Product or
service. While our approved member Business or Products have
satisfactory complaint handling records, this does not mean that they
have never experienced complaints, nor that they won't experience
complaints in the future. However, a Business or Product's
participation in the Approval Program insures they are committed to the
humane treatment of the pets in their care and business ethics as we
are. Furthermore, our approved member Business or Products must
pass very strict evaluation procedures before they are verified and
approved, and receive ongoing evaluation through our feedback system and
an annual renewal process.
Verified American Pet Association/American Companion Animal Association
member Business or Products have agreed to meet our
code of ethics,
of which copies can be found at apaapproved.com.
Although Business or Products are verified for credibility, honesty,
safety, and ethics, consumers should still be cautious when they do
business with any pet service provider or use any pet product. A
Business or Product's participation in the Approval Program does not
guarantee consumers or their pets are protected in terms of safety and
security. While Approval program participants have met our strict
code of ethics
and our
application requirements,
this does not guarantee a Business or Product's compliance now or in the
future. Therefore, consumers should always exercise common sense
and caution during their experience with American Pet
Association/American Companion Animal Association Approved Business or
Products.
American Pet Association/American Companion Animal Association DOES NOT
endorse any one particular Business or Product, goods, and/or services.
A Business or Product that has been Approved by American Pet
Association/American Companion Animal Association means that they have
met the strict requirements and guidelines that need to be followed in
order to become (and remain) an Approved Business or Product.
Hyper-links found in our web site have been featured as part of our
APA/ACAA Approval program. Our Business or Product will continue
to feature links to other Business or Products or online resources.
You acknowledge and agree that we are not responsible or liable in any
way for (a) the availability or accuracy of such sites or resources, or
(b) the content, advertising, or Products on or available from such
sites or resources.
Should a Business or Product registered by American Pet
Association/American Companion Animal Association fail to meet our
standards, upon review, their Approval
status will be revoked immediately (pending investigational outcome).
We do not guarantee any Business or Product's performance. ONLY
registered and approved Businesses or Products that have met our strict
requirements and code of ethics guidelines will be approved by APA/ACAA.
To date, American Pet Association/American Companion Animal Association
has not encountered significant complaints about its registered and
approved Businesses or Products. If APA/ACAA finds that an
Approved Business or Product is in violation of our
code of ethics,
then necessary action will be taken. Such action will include, but
is not limited to the termination of the member Business or Product's
Approval status.
Our Approved Business or Products have agreed to meet our Approval
Program standards, including resolving customer disputes, if any, in a
manner that meets our code of ethics. We encourage online
consumers to voice their concerns about our Approved Business or
Products or non-member Business or Products. Consumers can file a
complaint by going to www.apaapproved.com. We will validate all
complaints received. In our investigation and complaint review
process, we may contact the complainant in an effort to resolve disputes
against APA/ACAA approved Businesses or Products.
It is the consumer's responsibility to determine the laws regarding
commerce in their local area and whether or not the Businesses or
Products they use, whether approved by APA/ACAA or not, is of an illegal
nature. It is further the responsibility of consumers to determine
if any such Business or Products may cause any mental, physical, and
financial harm. In ALL cases,
SECTION #10,
SECTION #13, and
SECTION #14 of this legal
disclaimer will APPLY TO ALL consumers.
We reserve the right to track IP addresses, and implement other measures
necessary for the sole purpose of fraud detection and site security
management. American Pet Association/American Companion Animal
Association FULLY respects the privacy of ALL online consumers and site
visitors. We WILL NOT sell, redistribute, or use any personal
information provided by consumers. All American Pet
Association/American Companion Animal Association information obtained
from consumers (i.e. complaints filed, etc.) shall remain confidential
as per our strict
privacy policy.
It's also the consumer's responsibility to FULLY accept all the risks
(if any), if he or she proceeds to use or visit an Approved Business or
Product. If an consumer chooses to make an purchase of products or
services, then it's the consumer's responsibility to purchase
responsibly. We make no unlimited warranties as to ANY consumer
purchases from Approved Businesses.
Section Twenty
Consumer Protection Warranty: American Pet Association/American
Companion Animal Association utilizes insurance protection for
consumers, (for claims filed against member Business or Products that
cannot be resolved). Therefore, in the highly unlikely case an
consumer is financially impacted, in a negative manner, by an active
American Pet Association/American Companion Animal Association member
Business or Product, consumers are assured the protection under a
limited warranty
provided by American Pet Association/American Companion Animal
Association.
Should an consumer suffer financial loss as a direct result of relying
on the information, Product(s), and/or service(s) provided by an active
member Business or Product, American Pet Association/American Companion
Animal Association may provide consumers with an insurance settlement of
up to a maximum of $250.00 USD.
Some conditions do apply.
Our limited consumer protection warranty
DOES NOT APPLY TO ALL BUSINESS OR PRODUCTS.
Insurance settlements will be awarded to consumers ONLY in the rare case
where the American Pet Association/American Companion Animal Association
consumer dispute resolution process has clearly failed and our
liability statement
does NOT apply.
(Please Note: this consumer warranty protection program has been
instituted by American Pet Association/American Companion Animal
Association to provide consumers with the added assurance that ALL
American Pet Association/American Companion Animal Association member
Business or Products are safe to transact with. An 'Approved
Business or Product' is one that clearly displays an authentic and
functional American Pet Association/American Companion Animal
Association Approval seal logo or Trustmark, and is an active current
business participating in the American Pet Association/American
Companion Animal Association Approval Program.)
This
limited consumer protection warranty
is the insurance taken by American Pet Association/American Companion
Animal Association to protect itself AND the
consumer, in the event an
Approved Business or Product is found to be non-compliant with American
Pet Association/American Companion Animal Association Approval
requirements and/or code of ethics, and the dispute resolution process
fails. How likely is it that a claim could be filed against a
American Pet Association/American Companion Animal Association member
Business or Product? It is highly unlikely that an approved member
Business or Product will be subjected to a claim filed by a consumer
because all member Business or Products have passed strict evaluations
and are monitored continuously to ensure they remain compliant with
American Pet Association/American Companion Animal Association
requirements.
American Pet Association/American Companion Animal Association offers
its
limited consumer protection warranty
as an assurance to consumers that member Business or Products can be
trusted. Member Business or Products found to be non-compliant
with our site standards or misusing the American Pet
Association/American Companion Animal Association approval seal logo or
Trustmark will be investigated and penalized on a case by case basis
only. To qualify for the
limited consumer protection warranty,
consumers must first
file a complaint
within 25 days (post-transaction). American Pet
Association/American Companion Animal Association will then first
initiate a dispute resolution process. Upon failure of the dispute
resolution process, American Pet Association/American Companion Animal
Association may provide consumers with an insurance settlement equal to
the amount of the financial loss claimed (which will be validated).
Such insurance settlement payouts are governed by the sole discretion of
American Pet Association/American Companion Animal Association, and will
be based solely on documents and case matter obtained from the
investigation process of the claim. American Pet Association/American
Companion Animal Association reserves the right to limit payout amount,
regardless of financial loss claimed. Please ensure you understand
the limitations
of our consumer protection warranty.