1.2 WE MAY FROM TIME TO TIME AMEND, SUPPLEMENT OR MODIFY THESE TERMS. IF WE MAKE MATERIAL CHANGES TO THESE TERMS WE WILL POST AN UPDATED VERSION OF THESE TERMS ON THE WEB SITE AND WE MAY NOTIFY YOU OF THE CHANGES VIA EMAIL. NOTWITHSTANDING THE FOREGOING, IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE WEB SITE FOLLOWING THE POSTING OF ANY UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS AND YOUR AGREEMENT TO BE BOUND BY THE UPDATED TERMS. ANY AND ALL PURCHASES OF PRODUCTS FROM THIS WEB SITE AFTER THE POSTING OF AN UPDATED TERMS WILL BE SUBJECT TO THE UPDATED TERMS.
2. Use of the Web Site.
2.1 This Web Site contains material, such as software, text, graphics, images and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others.
2.2 The Content and compilation (meaning the collection, arrangement and assembly) of all Content included within or made available through the Web Site is protected by copyright under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as expressly permitted under these Terms. No other use is permitted without prior written consent from us, which consent we may withhold at our sole discretion. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Web site or in a networked computer environment for any purpose is expressly prohibited.
2.3 Subject to your compliance with these Terms, you are hereby granted a limited non-exclusive, non-transferable, non-sublicensable, and revocable license to access, download and copy the Content or any part of the Web Site only for your own personal and non-commercial use. As between you and us, we retain all right, title and interest in and to all Content, compilation of all Content and this Web Site, except for the limited license granted to you hereunder.
2.4 The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Web Site are registered and unregistered trademarks or service marks of the Company or its affiliates. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site, without the prior written permission of the Company specific for each such use. The Trademarks may not be used in any manner in which, in our reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by the Company in writing. All goodwill generated from the use of any Company Trademark inures to our benefit.
2.5 The Web Site may contain links to third-party web sites (“External Sites”). These links, if any, are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
3. Unsolicited Communications: You may post reviews, comments and other content through the bulletin board and send or otherwise submit communications to Company through the Web Site, including feedback, suggestions, ideas, comments, questions, or other information (such reviews, comments, other content and communications are collectively referred to herein as “Unsolicited Communications”), so long as the Unsolicited Communications are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such Unsolicited Communications, but do not regularly review posted Unsolicited Communications. If you do post, send or submit Unsolicited Communications, you hereby grant Company and its affiliates a nonexclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, and display such Unsolicited Communications in any media. You hereby grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such Unsolicited Communication, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Unsolicited Communications that you post, send or submit; that such Unsolicited Communications is accurate; that use of Unsolicited Communications you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Company and its affiliates for all claims resulting from Unsolicited Communications you supply. We have the right but not the obligation to monitor and edit or remove any activity or Unsolicited Communications. We take no responsibility and assumes no liability for any Unsolicited Communications posted by you or any third party. Without limiting any of the foregoing, you agree that we shall be free to use any ideas, concepts or techniques contained in your Unsolicited Communications for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques. You further agree that the Company shall not be obligated to identify or otherwise attribute to you any information, ideas, concepts or techniques contained in your Unsolicited Communications used by the Company.
4. Copyright: If you believe, in good faith, that the Web Site or any Content therein infringes your copyright, you should send a notice of claimed copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2) (a portion of the “Digital Millennium Copyright Act”), to our designated agent Peter Wheeler at email@example.com.
You must include the following information in all notices of claimed copyright infringement:
An electronic or physical signature of the personal authorized to act on behalf of the owner of the copyright alleged to have been infringed;
A description of the allegedly infringing work or material;
A description of where the allegedly infringing material is located within the Web Site;
Information reasonably sufficient to allow us to contact you;
A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the proprietary right owner, its agent or the law; and
A statement by you that the information provided in the notice of claimed copyright infringement is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf or the owner whose exclusive right is allegedly infringed.
6. Company Policies Regarding Shipping, Returns, Sales Tax and Credit Cards.
6.1 Shipping Policy
Purchase Total Ground Shipping
$0 – $49.99 9.95
over $50.00 Free
Shipments to Canada and other foreign countries not available.
Shipments are made via Fedex Ground. Delivery times vary based on location, but are usually completed within 3 – 7 business days.
Every attempt is made to ship all orders by the end of the next business day after the order is placed.
Expedited Shipping is available contact customer service for pricing.
An E-mail confirmation will be sent when your order is shipped, including a shipment tracking number.
6.2 Return Policy
If your shipment is visibly damaged upon receipt, have the delivery man note this at the time of delivery.
If you need further help e-mail our shipping department at firstname.lastname@example.org
If you are not completely satisfied with your purchase, items may be returned within 30 days of purchase and will be exchanged or credited. Items must be in original condition and accompanied by the original receipt or date of purchase. When returning merchandise, please include your name, address, phone number and e-mail address. Returns will be credited for the original price of the merchandise. It would also be appreciated if you send us an e-mail advising of your intent to return.
Returned items should be shipped to: [SmartBones Distribution Center, 4836 Hickory Hill Road, Memphis, TN 38141].
6.3 Sales Tax Policy
For orders shipped to the state of New York, Hawaii and Nevada, sales tax is added to the order.
6.4 Credit Card Policy. We accept the following credit cards: VISA, MasterCard, Discover and American Express. We do not accept debit cards. Importantly, while we will seek to obtain an immediate authorization from your card issuer to reserve funds for your purchase, we will only charge your card once the order has been shipped.
Your credit card statement will show “PetMatrix, LLC” as the billing name of the merchant.
7. Disclaimer of Warranties. THE WEB SITE, CONTENT AND ANY PRODUCTS SOLD THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON?INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE REGARDING THE WEB SITE, CONTENT AND ANY PRODUCTS SOLD THROUGH THIS WEB SITE. Some states do not allow exclusion of implied warranties, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Limitation of Liability: IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM ANY PRODUCTS YOU PURCHASE FROM THE WEB SITE OR THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
9. Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Content or Web Site. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.
10. Termination of the Agreement.
10.1 Termination. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Web Site or the Content, at any time and for any reason in its absolute and sole discretion, without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability. Without limiting any of the foregoing, if you violate any part of these Terms, your permission to access and/or use the Content and Web Site automatically terminates and you must immediately destroy any copies you have made of the Content.
10.2 Survival. If these Terms are terminated, Sections 2.1, 2.2, 2.4, 2.5, 3, 4, 5, 7, 8, 9, 10 and 14 shall survive the termination of these Terms.
11. No Framing. Except as otherwise expressly permitted under Section 2 above, elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
12. User Must Comply with Applicable Laws.
12.1 We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
13. U.S. Government Restricted Rights. The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.
14. Miscellaneous. These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York, NY. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, these Terms constitutes the entire Agreement between you and the Company with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.