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Conditions of Use | User Generated Content Terms and Conditions | Reprint Requests

Foster & Smith Conditions of Use

Welcome to the Drs. Foster & Smith family of websites. Foster & Smith, Inc and/or its affiliates ("Foster & Smith") provide website features to you subject to the following conditions. If you visit or shop at Foster & Smith.com, you accept these Conditions of Use ("Conditions"). Please read them carefully.

In addition to these Conditions, you may also be subject to any terms, guidelines and agreements applicable to individual services or businesses you use; if these Conditions are inconsistent with such separate terms, the terms will control.

PRIVACY

Please review our Privacy Policy, which governs your visit to any Foster & Smith website, to understand our practices.

COPYRIGHT, TRADEMARKS & RESTRICTIONS

All content included on Foster & Smith websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are copyrighted © by Foster & Smith, Inc. ALL RIGHTS RESERVED, and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Foster & Smith and protected by U.S. and international copyright laws. All software used on this site is the property of Foster & Smith or its software suppliers and protected by United States and international copyright laws.

Drs. Foster & Smith, Doctors Foster and Smith, Doctors Foster & Smith, drsfostersmith.com, Live Aquaraia, liveaquaria.com, peteducation.com, other trademarks and all page headers, custom graphics, and custom icons are service marks, registered trademarks, and/or trademarks of Foster & Smith. All graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Foster & Smith in the U.S. and/or other countries. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.

The Foster & Smith websites and all material included therein (the "Materials") are the property of Foster & Smith and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Foster & Smith. Foster & Smith's Materials, service marks, trademarks and trade dress may not be used in connection with any product or service that is not Foster & Smith's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Foster & Smith.

ELECTRONIC COMMUNICATIONS

When you visit a Foster & Smith website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND SITE ACCESS

Foster & Smith grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Foster & Smith. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Foster & Smith. You may not frame or utilize framing techniques to enclose any service mark, trademark, logo, or other proprietary information (including images, text, page layout, trade dress elements or form) of Foster & Smith without express written consent. You may not use any meta tags or any other "hidden text" utilizing Foster & Smith's name or trademarks without the express written consent of Foster & Smith. Any unauthorized use terminates the permission or license granted by Foster & Smith. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Foster & Smith.com so long as the link does not portray Foster & Smith, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Foster & Smith logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Foster & Smith does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Foster & Smith.com only with involvement of a parent or guardian. Foster & Smith reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from Foster & Smith are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please contact Foster & Smith's customer service for assistance if your shipment is damaged upon delivery.

PRODUCT DESCRIPTIONS

Foster & Smith attempts to be as accurate as possible. However, Foster & Smith does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Foster & Smith itself is not as described, your sole remedy is to return it in unused condition.

PRODUCT AND SERVICES INFORMATION

Product and/or services offered on any website are offered subject to availability. Price and availability may change. We endeavor to display all products shown on any website in an accurate manner; however, due to technical differences with customer equipment we cannot be responsible for variations in size, shape and color of products. The receipt of an e-mail order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. We also reserve the right, in our sole discretion, to correct printing and/or pricing errors and change our delivery policy and delivery fees.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Foster & Smith. If your purchase is shipped by a third-party seller, you may be charged at the time you place your order and third-party sellers may follow different policies in the event of a mispriced item.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FOSTER & SMITH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FOSTER & SMITH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOSTER & SMITH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOSTER & SMITH DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FOSTER & SMITH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOSTER & SMITH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content complies with Foster & Smith's User Generated Content Terms of Use.

COPYRIGHT COMPLAINTS

Foster & Smith respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RETURN POLICY

All sales through any Foster & Smith website are subject to Foster & Smith's Returns Policy.

COUPONS

Is using a coupon code, it must be entered during checkout in the designated Coupon Code field to redeem the respective offer. Coupons may not be combined with other coupons or promotional offers, are limited to one per transactions, and may not be redeemed for cash, credit or refund. Other restrictions and terms may apply to each coupon or offer.

APPLICABLE LAW

By visiting Foster & Smith.com, you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Conditions and any dispute of any sort that might arise between you and Foster & Smith.

DISPUTES

Any dispute relating in any way to your visit to a Foster & Smith website or to products or services sold or distributed by Foster & Smith or through Foster & Smith.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in Milwaukee County, Wisconsin, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions at any time. If any of these Conditions shall be deemed invalid, void, or for any reason unenforceable, that Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Condition.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide notice to Foster & Smith's copyright agent with the written information specified below. Please note that this is the exclusive procedure for notifying Foster & Smith of infringement of your copyrighted material.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Mail your written notice to: Copyright Agent, Customer Relations, Foster & Smith, Inc., 2253 Air Park Road, Rhinelander, Wisconsin 54501.

CONTACT US

If you have questions about these Conditions or any other Foster & Smith policy, you may contact us at:

Foster & Smith, Inc.
Customer Relations
2253 Air Park Road
Rhinelander, Wisconsin 54501
Phone: (715) 369-9425
E-mail: customerservice@drsfostersmith.com

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User Generated Content Terms and Conditions

The following Terms of Use apply to areas of each Foster & Smith, Inc. ("Foster & Smith") website that allow users to post content ("User Generated Content" or "UGC"), including without limitation the "Ask & Answer", Product Review and any discussion forums (collectively "Forums").

You agree that your registration for, access to, and participation in any Forum is subject to the following Terms of Use, the website Conditions of Use, and applicable law. In the event of any conflict between these Terms of Use and website Conditions of Use, these Terms of Use will govern.

It is important to know that Foster & Smith has no obligation to prescreen UGC. Foster & Smith retains the rights but not the responsibility to edit or remove any UGC or terminate your account for any reason its sole discretion.

  1. Registration
    To be able to post UGC, you must register [URL for forum registration]. Registrants must create a profile with unique user ID and password ("Profile").
  2. Rules for the Forums
    Be Relevant.
    Each forum is dedicated to a topic designed to help people share information about Foster & Smith's products and their experiences with those products. Stay on topic. Do not talk about Foster & Smith policies, future products, speculations or rumors about Foster & Smith and Foster & Smith products, or anything else off topic.
    Be Constructive.
    Post only constructive comments and questions.
    Be Courteous.
    Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
    Be Private.
    Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other Registrants or website users.
    Be Personal.
    The Forums are not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
    Be Yourself.
    Do not impersonate anyone else, and do not let anyone else use your Profile.
    Be True.
    Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.
    Be Legal.
    Do not post any content that violates any applicable local, state, national, or international law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with or disrupt the website or services connected to the website.
  3. Minors
    You must be at least 13 years of age to become a Registrant. If you are between 13 and 18 years old, you must have your guardian's permission to use or post on this website.
  4. Legal
    • Foster & Smith Rights. Your UGC is not confidential or proprietary. You grant to Foster & Smith a non-exclusive, non-revocable, worldwide, perpetual right to use your UGC in any manner or media now or later known without limitation including but not limited to the right to sublicense, assign and commercialize without any compensation due to you.
    • Changes to these Terms. Foster & Smith reserves the right to modify these Terms of Use at any time. Your continued use of any website after any modification shall be deemed to be your conclusive acceptance of any modified Terms of Use. If any future change is unacceptable to you, you should discontinue using Foster & Smith websites.
    • Ownership. You are responsible for ensuring that any UGC that you post does not, and will not, violate third party rights of any kind. You warrant and represent that you own or control all rights in any UGC that you post to any Forum.
    • Safeguard your Profile. You must notify Foster & Smith immediately of any unauthorized use of your Profile or a website. You agree that Foster & Smith shall not be liable for any loss that results from the unauthorized use of your Profile, either with or without your knowledge.
    • General Use. You acknowledge and agree that Foster & Smith does not have any obligation to review UGC, that Foster & Smith is not in any manner responsible for UGC, that Foster & Smith does not guarantee the accuracy, integrity or quality of UGC, and that Foster & Smith cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable UGC will not appear on the website. You also acknowledge that by providing you with the ability to access, view and/or post UGC on the website, Foster & Smith is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any UGC or activities of Registrants or users on the website.
    • Copyright Infringement. If your work has been copied and posted on the website in a way that constitutes copyright infringement, please notify our copyright agent in accordance with the provisions set forth in the website Conditions of Use.
    • Disclaimer of Warranties and Limitations of Liability. For important information about Foster & Smith's disclaimer of warranties and limitation of liability arising from your use of a website, including, without limitation, with respect to any UGC, please see the website Conditions of Use.

Reprint Requirements:
Dr. Race Foster & Dr. Marty Smith Our goal for Drs. Foster & Smith's websites is to provide pet owners, hobbyists, students, and teachers with accurate, up-to-date information on the care of pets. If you are interested in requesting permission to use any copyrighted content of this website to advance that same mission for non-profit purposes, please read and follow the guidelines listed below. Thank you for your cooperation.

Reprints may only be requested for free-access, educational purposes only, and may not be sold, resold, or distributed in any print or electronic form where there is an exchange of money for information, including subscriptions or access fees.

Permission to reprint must be obtained for each article to be reprinted or re-transmitted, prior to publication. Your request to reprint an article will be reviewed and you will receive notice of permission by e-mail or the postal service. All articles are copyrighted and must be reprinted as is, with no unapproved editing, additions, or alterations of the article from its original form.

Articles or images reprinted on a website must be credited to Drs. Foster & Smith, and contain the following copy at the beginning or end of the page:

© (Year) Foster & Smith, Inc. Reprinted as a courtesy and with permission from http://www.DrsFosterSmith.com

Drs. Foster & Smith has the right to review examples of publications prior to or after granting permission, and retains the right to refuse or revoke reprint permission for any reason.

How to Request Reprint Permission
Please send an e-mail to reprints@drsfostersmith.com that includes the following information:

  • Full Name
  • Organization
  • Address
  • City
  • State
  • Zip
  • Phone
  • E-mail
  • Publication/Web Site Where the article will appear
  • Links to Article(s) or Image(s) you would like to reprint

Unauthorized use of any images, thumbnails, illustrations, descriptions, article content, or registered trademarks of Foster & Smith, Inc. is strictly prohibited under copyright law. Site content, including photography, descriptions, pricing, promotions, and availability are subject to change without notice. These restrictions are necessary in order to protect not only our copyrighted intellectual property, but also the health of pets, since articles or images that are altered or edited could result in misinformation that may harm companion animals, aquatic life, or native species.

 



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