If a plaintiff fails to file a lawsuit within the time periods set forth above or within any of
the other applicable statute of limitations, then the right to bring a claim is barred and no recovery may be had.
Not exact matches
The Arbitrator (i) shall apply internal laws
of the State
of New York consistent with the Federal Arbitration Act and
applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law
of the U.S., irrespective
of any conflict
of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any
other dispositive motion consistent with New York or federal rules
of procedure, as
applicable; (iii) shall honor claims
of privilege recognized at law; and (iv) shall have authority to award any form
of legal or equitable relief;
You agree that regardless
of any
statute or law which establishes a different
statute of limitations, to the maximum extent permitted under
applicable law, any claim or cause
of action (including any arbitration) arising out
of, related to or connected with the use
of the Site or
other online services, or these Terms
of Service, our Privacy Policy, or
other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
You will not, and will not allow or authorize
others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or
other intellectual or proprietary rights, or rights
of publicity or privacy; (ii) violate any
applicable law,
statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive
of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or
other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent
of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or
other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution
of «junk mail», «spam», «chain letters», «pyramid schemes» or
other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any
applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations
of networks connected to the Sites, or attempt to breach the security
of or disrupt Internet communications on the Sites (including without
limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without
limitation, one
of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin
of any information transmitted through the Sites; (xi) collect or store personal data about
other account users or attempt to gain access to
other account users» accounts or otherwise mine information about
other account users or the Sites, or interfere with any
other user's ability to access or use the Sites; (xii) execute any form
of network monitoring or run a network analyzer or packet sniffer or
other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security
of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance
of our Vision
of a lifelong, loving home for every pet.
You will not, and will not allow or authorize
others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights
of publicity or privacy; (ii) violate any
applicable law,
statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive
of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent
of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or
other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution
of «junk mail», «spam», «chain letters», «pyramid schemes» or
other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault
of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act
of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations
of networks connected to the Sites, or attempt to breach the security
of or disrupt Internet communications on the Sites (including without
limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without
limitation, one
of the Animal League's or
other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin
of any information transmitted through the Sites; (xi) collect or store personal data about
other Animal League members, Site users or attempt to gain access to
other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form
of network monitoring or run a network analyzer or packet sniffer or
other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security
of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance
of the Animal Leagues stated purposes.
Statute of Limitations and Real Property
Limitations Act — We blogged about a number
of cases (Tarko v. MTCC No. 626, MTCC No. 659 v. Truman and TSCC 1487 v. Market Lofts Inc.) in the past year where one party took the position that the
other party's claim was barred because the legal proceedings were commenced after the expiry
of the
limitation period set out in the
applicable limitations statute.
You understand that OLM does not offer any opinion whatsoever concerning the merits
of any claim you might have, and encourages you to contact
other licensed counsel if you intend to pursue any claim, which you should do promptly to avoid having your clam barred by the
applicable statute of limitations.