Please read these terms and conditions of use (“Terms”) carefully before using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this website.
Breuer Premium Pet Food Company Inc (“Breuer Premium”) d/b/a Spot & Tango reserves the right to modify the Terms at any time with or without notice to you. Such changes are effective immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. Breuer Premium reserves the right to revoke any or all access and use authorizations granted to you in regard to this Site.
1. Services. The information contained on this website, including all web page documents, audio and video files, all data and all content (the “Site” or “Website”) is provided for your use conditional upon your acceptance without modification of the Terms. This Website is owned and operated by Breuer Premium and its affiliates (referred to herein as “Breuer Premium,” “we,” “us,” or “our”). Breuer Premium provides you with access to a variety of resources, including but not limited to product information and product purchasing (collectively “Services”).
Breuer Premium also provides the Spot & Tango mobile message service, the delivery and use of which is governed by the Spot & Tango Mobile Terms of Service.
2. Use Limitation. While we encourage you to print information to help you shop, unless otherwise specified, no products or Services on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission of Breuer Premium and with express attribution to Breuer Premium. You may not alter or attempt to alter any material on the Site, or the Site itself. You also may not, without our permission, “mirror” any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 14 years of age and that if you are younger than 14 you will not use this Site.
3. Subscription; No Resale. Our subscription plan consists of an initial charge followed by recurring charges, as stated in the Spot & Tango FAQs. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without further authorization from you until you cancel your subscription or change your payment method. You are not permitted to sell, resell or otherwise transfer for value any of the products that you purchase or receive from us.
4. No Unlawful or Prohibited Use. Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any Breuer Premium server, or interfere with any other person’s use and enjoyment of the Site, other accounts, computer systems or networks connected to any Breuer Premium server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality. Breuer Premium may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site.
5. Ownership, Copyright And Trademark. You agree and acknowledge that Breuer Premium is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws. The trademarks, logos, and service marks used and displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of Breuer Premium and others. Under no circumstances may you use any of the Trademarks, whether owned by or licensed to us. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner. If you make any copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide Breuer Premium with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information - name address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6. Duration of This Agreement. This Agreement will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Site.
7. Information Provided By You. We do not want you to, and you agree through the use of this Website, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Breuer Premium or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, personal data provided to Breuer Premium through this Site will be handled in accordance with Breuer Premium’s Privacy Policy, which is available at this link, incorporated into these Terms and made a part hereof.
Any contact or communication which you may make with us or our employees via this Site must be for Breuer Premium business-related purposes and all such communications are property of Breuer Premium, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, bigoted, hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and Breuer Premium will not be liable for any such unauthorized disclosure.
Breuer Premium and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when Breuer Premium’s products or marketing strategies might seem similar to ideas submitted to Breuer Premium. So, please do not send your unsolicited ideas to Breuer Premium or anyone at Breuer Premium. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Breuer Premium makes no assurances that your ideas and materials will be treated as confidential or proprietary.
8. Third Party Content and Linked Sites. You acknowledge that the opinions and recommendations expressed or made available in this Site are those of the respective author(s) and are not necessarily those of Breuer Premium or endorsed by Breuer Premium. This Site contains links to other sites created and maintained by other organizations, which may or may not be related to Breuer Premium. These links are provided for your convenience and are for reference only and you agree that links do not imply that Breuer Premium is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Breuer Premium. You understand that the linked sites are not controlled by Breuer Premium and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.
9. Member Account, Password and Security. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify Breuer Premium immediately of any unauthorized use of your account or any other breach of security of which you become aware. Breuer Premium will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Breuer Premium or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
10. Disclaimer of Warranties and Limitations of Liability. Your use and browsing of this Site is at your sole risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. THIS WEBSITE, AND THE INFORMATION CONTAINED ON THIS WEBSITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, BREUER PREMIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. BREUER PREMIUM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREUER PREMIUM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL BREUER PREMIUM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
11. Jurisdiction And Governing Law. Breuer Premium operates and controls this Site (excluding linked sites) from its offices within the State of New York, United States of America. You agree that the statutes and laws of the State of New York, without regard to its conflicts of law principles, will apply to all matters regarding the use of this Site. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts in and for New York, New York with respect to such matters. Breuer Premium makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
12. International Users. Materials published at this Site may refer to products, programs or services that are not available in your country. Breuer Premium makes no representation that this Site or the materials at this Site are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information or materials at this Site in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws. By using this Site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.
13. User Comments, Feedback, Posts, and Other Submissions. You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, "Comments") as long as your Comments do not contain any Prohibited Content. "Prohibited Content" means Content that:
Although Breuer Premium cannot monitor all Comments, Breuer Premium reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Breuer Premium for all claims resulting from any such Comments. Breuer Premium has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to use or respond to any Comment.
Breuer Premium does not claim ownership of any Comment. However, you agree that Breuer Premium is free to use any Comment without attribution, compensation, or restriction in any manner. You grant Breuer Premium a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, incorporate, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed for any purpose whatsoever, including but not limited to, (i) providing you and others with the use of the Site, (ii) providing, improving, enhancing, and/or marketing its products and services, and (iii) any other purpose directly or indirectly related to Breuer Premium's (and its successors' and assigns’) business, and you waive any moral rights you may have in the Comments. You also grant Breuer Premium the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that:
Breuer Premium takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.