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About
This site was developed using Microsoft Visual Web Developer 2008. The news section on the front page is powered by
Blogger. The
photo library is powered by Picasaweb and videos are powered by
YouTube. It is hosted by Levelbest Communications.
The core content elements are:
Disclaimer
This website is owned by MICHAEL C. TICKLE JR and ALISON D. PARR-TICKLE (dba THUNDERPAWZ AGILITY).
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall THUNDERPAWZ AGILITY be liable
for any special or consequential damages that result from the use of, or the inability to use, the materials in this site,
even if THUNDERPAWZ AGILITY or a THUNDERPAWZ AGILITY authorized representative has
been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall
THUNDERPAWZ AGILITY total liability to you for all damages, losses, and causes of action
(whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount
paid by you, if any, for accessing this site.
This site contains links to other sites. THUNDERPAWZ AGILITY is not responsible
for the privacy practices or the content of such Web sites.
Legally Binding Agreement
By accessing, viewing, downloading or otherwise using THUNDERPAWZ AGILITY or any webpage or feature available through
THUNDERPAWZ AGILITY, or by clicking "I Agree To Be Bound By These Terms of Use" during the registration process,
you conclude a legally binding agreement with THUNDERPAWZ AGILITY, 4325 GRASSY FIELD DR, RALEIGH NC 27610, USA based on the terms of
these THUNDERPAWZ AGILITY Terms of Use ("Agreement"). If you are using
THUNDERPAWZ AGILITY on behalf of a company or other legal entity, such entity may have a separate agreement with us,
but you are nevertheless individually bound by this Agreement.
If you do not want to conclude the Agreement, do not access, view, download or otherwise use
any THUNDERPAWZ AGILITY webpage, information or services.
Your Obligations To THUNDERPAWZ AGILITY
License and warrant your submissions: You are not required to submit anything to us, but if you choose to submit information,
including Contact Information, your submission is made pursuant to this Agreement, and you thereby grant a
non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and
royalty-free right to THUNDERPAWZ AGILITY to copy, prepare derivative works of, improve, distribute, publish, remove,
retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you
submit to us, without any further consent, notice and/or compensation to you or any third parties. Notwithstanding the
foregoing, THUNDERPAWZ AGILITY will not utilize your information in a way that is inconsistent with the THUNDERPAWZ AGILITY Privacy Policy.
By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge,
not confidential unless indicated as such, and not in violation of any contractual restrictions or other third party rights.
THUNDERPAWZ AGILITY exercises no control over any information you or others submit when using THUNDERPAWZ AGILITY. Note that we describe our current
practices related to personally identifiable information collected through THUNDERPAWZ AGILITY in our Privacy Policy and that we may
update our policies and practices from time to time at our sole discretion.
Service Eligibility
You represent and warrant that you:
- are not under the age of 18 (and if a resident of Alabama or Nebraska, not under the age of 19 and if a resident of Mississippi, not under the age of 21);
- that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
Rules Regarding THUNDERPAWZ AGILITY Usage
As a condition to access THUNDERPAWZ AGILITY, you agree to strictly observe the following rules:
- You must comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements; provide accurate information to us; review the Privacy Policy;
- review and comply with policies which currently are or may be posted at a later date on www.THUNDERPAWZ AGILITY.com as well as notices sent by THUNDERPAWZ AGILITY to you concerning THUNDERPAWZ AGILITY.
- You must not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit THUNDERPAWZ AGILITY (excluding content posted by you) except as permitted in the Agreement;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide THUNDERPAWZ AGILITY, or any part thereof;
- include information in your profile or in updates to your profile which reveals your identity such as an email address, phone number or address or is confidential in nature;
- utilize information, content or any data you view on and/or obtain from THUNDERPAWZ AGILITY to provide any service that is competitive, in THUNDERPAWZ AGILITY's sole discretion, with THUNDERPAWZ AGILITY;
- imply or state, directly or indirectly, that you are affiliated with or endorsed by THUNDERPAWZ AGILITY unless you have entered in to a written agreement with THUNDERPAWZ AGILITY;
- adapt, modify or create derivative works based on THUNDERPAWZ AGILITY or technology underlying the services provided by THUNDERPAWZ AGILITY, in whole or part;
- rent, lease, loan, trade, sell/re-sell access to THUNDERPAWZ AGILITY or any information therein, or the equivalent, in whole or part;
- access, reload or "refresh" or make any other request to transactional servers more than once during any three second interval;
- use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the site;
- use automated methods to add contacts, send messages or other permitted activities;
- access, via automated or manual means or processes, THUNDERPAWZ AGILITY for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- engage in "framing," "mirroring," or otherwise simulating the appearance or function of THUNDERPAWZ AGILITY's website;
- attempt to or actually access THUNDERPAWZ AGILITY by any means other than through the interface provided by THUNDERPAWZ AGILITY;
- attempt to or actually override any security component included in or underlying THUNDERPAWZ AGILITY;
- engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- remove any copyright, trademark or other proprietary rights notices contained in or on THUNDERPAWZ AGILITY, including those of both THUNDERPAWZ AGILITY or any of its licensors;
- remove, cover or otherwise obscure any form of advertisement included as part of THUNDERPAWZ AGILITY;
- use any information obtained from THUNDERPAWZ AGILITY to harass, abuse or harm another person;
- collect, use or transfer any information, including but not limited to, personally identifiable information obtained from THUNDERPAWZ AGILITY except as expressly permitted in the Agreement or the owner of such information may expressly permit;
- interfere with or disrupt THUNDERPAWZ AGILITY, including but not limited to any servers or networks connected to THUNDERPAWZ AGILITY, or disobey any requirements, procedures, policies or regulations of networks connected to the THUNDERPAWZ AGILITY;
- use or attempt to use another's account without proper authorization, or create a false identity on THUNDERPAWZ AGILITY;
- infringe or use THUNDERPAWZ AGILITY's brand, logos and/or trademarks, including, without limitation, using the word "THUNDERPAWZ AGILITY" in any business name, email, or URL or including THUNDERPAWZ AGILITY's trademarks and logos on any website without authorization;
- upload, post, email, transmit or otherwise make available or initiate any content that:
- falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
- includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by THUNDERPAWZ AGILITY;
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of THUNDERPAWZ AGILITY or any user of THUNDERPAWZ AGILITY;
- forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the services provided by THUNDERPAWZ AGILITY;
- adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field).
Disclaimer of Warranties, Releases, Indemnification and Limitation of Liabilities
ALL APPLICATIONS DESCRIBED HEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THUNDERPAWZ AGILITY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THUNDERPAWZ AGILITY FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY APPLICATIONS DESCRIBED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY SUCH APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY SUCH APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS THUNDERPAWZ AGILITY AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT THUNDERPAWZ AGILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY THUNDERPAWZ AGILITY APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY THUNDERPAWZ AGILITY TO ANY DEVELOPER, SOCIAL NETWORKING APPLICATION OR ADVERTISER; OR (C) ANY USE BY ANY DEVELOPER, SOCIAL NETWORKING SITE OR ADVERTISER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Arbitration
YOU AND THUNDERPAWZ AGILITY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE THUNDERPAWZ AGILITY APPLICATION SHALL BE CONFIDENTIAL, FINAL AND BINDING ARBITRATION IN RALEIGH NC, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, trade secret rights or other intellectual property rights, or you have otherwise violated any provisions set forth in this Agreement, then the parties acknowledge that injunctive or other appropriate relief may be sought in any court of competent jurisdiction.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Rules"). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE THUNDERPAWZ AGILITY APPLICATION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the THUNDERPAWZ AGILITY Application, the THUNDERPAWZ AGILITY Site, be instituted more than three (3) years after the cause of action arose.
General Provisions
Termination. You may terminate the Agreement at any time, for any or no reason, with notice to THUNDERPAWZ AGILITY. THUNDERPAWZ AGILITY may terminate the Agreement at any time for any or no reason, with or without notice. Termination of your service with THUNDERPAWZ AGILITY includes disabling your access to THUNDERPAWZ AGILITY.
Amendments or Modifications. THUNDERPAWZ AGILITY reserves the right to modify these THUNDERPAWZ AGILITY Terms of Use at any time, in its sole discretion. If THUNDERPAWZ AGILITY elects to modify this Agreement, THUNDERPAWZ AGILITY will post a change notice or a new agreement on the THUNDERPAWZ AGILITY Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR THUNDERPAWZ AGILITY TO PROVIDE THUNDERPAWZ AGILITY SITE INFORMATION TO DEVELOPERS, SOCIAL NETWORKING APPLICATIONS OR ADVERTISERS. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
Severability. If any provision of the Agreement is found to be invalid or unenforceable under the laws of a particular jurisdiction, such provision shall be interpreted so as to give the maximum effect to its intended purpose, and this shall not affect the validity or enforceability of any other provision of the Agreement.
Notices. We may notify you via postings on www.THUNDERPAWZ AGILITY.com or via email or any other communications means you provide to us. You may notify us only via regular mail to: THUNDERPAWZ AGILITY, Inc., 4325 GRASSY FIELD DR, RALEIGH NC 27610, USA.
Entire Agreement. His Agreement constitutes the entire, complete and exclusive agreement between you and THUNDERPAWZ AGILITY regarding utilization of the THUNDERPAWZ AGILITY site and services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Waiver of Breaches. Our failure to act with respect to a breach of this Agreement does not waive our rights to act with respect to that breach or a subsequent similar or other breaches.
Privacy Policy
Updated 25 June 2009
THUNDERPAWZ AGILITY's Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share,
and help you make informed decisions when using THUNDERPAWZ AGILITY services (collectively, "THUNDERPAWZ AGILITY " or "Website").
By using or accessing THUNDERPAWZ AGILITY, you are accepting the practices described in this Privacy Policy.
If you have questions or concerns regarding this statement, you should first contact our privacy staff at privacy@THUNDERPAWZ.com.
The Information We Collect
When you visit THUNDERPAWZ AGILITY you provide us with two types of information: personal information you knowingly choose to disclose
that is collected by us and Web Site use information collected by us as you interact with our Web Site.
When you enter THUNDERPAWZ AGILITY, we collect your browser type and IP address. This information is gathered for all THUNDERPAWZ AGILITY visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
Any improper collection or misuse of information provided on THUNDERPAWZ AGILITY is a violation of the THUNDERPAWZ AGILITY Developer Terms of Service and/or THUNDERPAWZ AGILITY Terms of Use and should be reported to privacy@THUNDERPAWZ AGILITY.com.
By using THUNDERPAWZ AGILITY, you are consenting to have your personal data transferred to and processed in the United States.
Children Under Age 13
THUNDERPAWZ AGILITY does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for THUNDERPAWZ AGILITY or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on THUNDERPAWZ AGILITY. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@THUNDERPAWZ AGILITY.com.
Use of Information Obtained by THUNDERPAWZ AGILITY
THUNDERPAWZ AGILITY may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by THUNDERPAWZ AGILITY.
Third Party Advertising
Advertisements that appear on THUNDERPAWZ AGILITY are sometimes delivered (or "served") directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. THUNDERPAWZ AGILITY does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on THUNDERPAWZ AGILITY unless you choose to share it with them.
This privacy policy covers the use of cookies by THUNDERPAWZ AGILITY and does not cover the use of cookies or other tracking technologies by any of its advertisers.
Security
THUNDERPAWZ AGILITY takes commercially reasonable precautions to protect our users' information. Your account information is located on a secured server
behind a firewall. Because email and instant messaging are not recognized as secure communications,
we request that you not send private information to us by email or instant messaging services.
If you have any questions about the security of THUNDERPAWZ AGILITY Web Site, please contact us at privacy@THUNDERPAWZ AGILITY.com
Terms of Use, Notices and Revisions
Your use of THUNDERPAWZ AGILITY, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use, Developer Terms of Service and all of their respective dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy, Developer Terms of Service and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site unless the changes are deemed by THUNDERPAWZ AGILITY to be necessary to protect personally identifiable information. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.
Contacting the Web Site. If you have any questions about this privacy policy, please contact us at privacy@THUNDERPAWZ.com.