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PetToys.com, Inc. Terms of Use
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By using this Website, you agree to be bound by PetToys.com, Inc.’s Terms of Use, Legal Notices and Privacy Policy (collectively, "Notices and Policies"), in addition to other terms and conditions that may appear throughout this Website.
References to "PetToys.com™” and “PetToys™" in this document and on the Website mean PetToys.com, Inc.
PetToys.com, Inc. reserves the right to make changes to its Website and its Notices and Policies at any time. Each time you use this Website, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Website. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Website. PetToys.com, Inc. is not responsible for typographical or photographic errors on this Website.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PETTOYS.COM. INC. AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, "THIRD PARTIES"), CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER PETTOYS.COM , INC.NOR ITS THIRD PARTIES HAVE ANY RESPOSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE. NEITHER PETTOYS.COM, INC.NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS WEBSITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS WEBSITE. PETTOYS.COM, INC. AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PETTOYS.COM, INC. OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PETTOYS.COM, INC. OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PETTOYS.COM, INC.HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS WEBSITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THIS WEBSITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL PETTOYS.COM, INC. BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).
INTENDED FOR USERS OVER 13 YEARS OF AGE
The safety of
children is very important to us. Although this Website is intended for use by
persons at least 13 years of age, PetToys.com, Inc. cannot prohibit minors from visiting our Website and must rely on parents and guardians (at least 18 years of age) to decide which materials are appropriate for children viewing this website.
LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
PetToys.com, Inc. offers articles, information, and advice to those who visit this Website for educational purposes only. Any information offered through this Website is not intended to diagnose, treat, or cure a pet, and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, please contact your veterinarian, local animal hospital, or rescue facility.
PRODUCT DISPLAY AND COLORS This Website attempts to
display product images as accurately as possible. That said, we cannot guarantee that the color you see matches the product color. Please
note that your monitor may influence the way you are viewing color, at least in part.
ERRORS ON WEBSITE
Prices and availability of products
and services are subject to change without notice. Errors will be corrected
when discovered and PetToys.com, Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, PetToys.com, Inc. will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with PetToys.com, Inc.’s Return Policy.)
PRICING We reserve
the right to limit sales, including the right to refuse sales, to resellers.<
SALES TAX
Because PetToys.com, Inc. does business within
the State of California and collects and remits sales tax as required by
law. This Website also collects and remits sales tax as appropriate.
PAYING FOR YOUR ORDER You may pay for your order with a
debit card or major credit card. We accept Visa®, MasterCard®, American Express® and Discover® Card, and debit cards with a MasterCard® or Visa® logo.
Generally, credit/debit cards are not charged by PetToys.com, Inc. until we either ship the order to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your
order amount with your credit/debit card issuer at the time you place the
order. This may have an effect on your available credit.
PetToys.com, Inc. gift cards are debited at the time an order is placed and will automatically be applied toward your order total at checkout, up to the total purchase amount. A credit/debit card is required when using a PetToys.com, Inc. gift card. If the balance of your order is less than or equal to the amount of your gift card, your credit/debit card will not be charged. If your order total exceeds the value of the gift card, you will be required to use either use another PetToys.com, Inc. gift card or credit/debit card. If there is a balance on your order after applying your gift card(s), we will charge the difference to the credit/debit card provided. The amount charged to a credit/debit card will be treated as explained above.
Entry of a credit/debit card in conjunction with a PetToys.com, Inc. gift card also enables us to properly credit your order in the event you return merchandise at a later time that was initially paid for using a gift card. We are unable to credit gift cards for returned merchandise.
COUPONS
If 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. Coupons are limited to one per transaction, per address, and may not be redeemed for cash, credit or refund. See other restrictions in the terms of each offer. PetToys.com, Inc. reserves the right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping charges.
VALIDATING YOUR ORDER After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the email address you provided with the order. Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.
ORDER ACCEPTANCE/CONFIRMATION
Your receipt
of an electronic or other form of order confirmation from us does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. PetToys.com, Inc. reserves the right at any time after receipt of your
order to accept or decline your order for any reason.
RETURN POLICY
All sales made through this Website
are subject to PetToys.com, Inc.'s Return Policy.
ORDER LIMITATIONS/LIMITED QUANTITIES
PetToys.com, Inc. may, at its sole discretion, limit or cancel quantities purchased perperson, per household, or per order. Restrictions may include orders placed by the same Website account, the same credit/debit card, and orders that use the same billing and/or shipping address. In the event we make a change to your order,
we will attempt to notify you by the email and/or billing address provided with your order. PetToys.com, Inc. reserves the right to limit or prohibit sales to dealers.
SHIPPING All orders placed on this Website are subject to
product availability and will be shipped according to our Website shipping
terms. In the rare event that your order never arrives, we must receive notification of lost items via email (as provided in our shipping terms) within
sixty (60) days of receipt of the shipping confirmation email.
INDEMNITY You agree to indemnify and hold PetToys.com,
Inc. and its officers, agents, employees and other partners and Third Parties
harmless from any loss, liability, claim or demand, including reasonable
attorney's fees, made by any other third party due to or arising out of your
use of this Website, including your use of this Website to provide a link to
another Website or to upload content or other information to this Website.
DISPUTES
This Website is operated by PetToys.com, Inc.
with offices in the United States of America. If there is any dispute regarding
this Website, by using this Website, you agree that the dispute will be
governed by the laws of the State of California without regard to its conflict
of law provisions. You agree to personal jurisdiction and venue in the state
and federal courts of the State of California, Orange County.
TERMINATION OF WEBSITE USE
PetToys.com, Inc., in its sole
discretion, may terminate your retail account, membership registration, or
similar uses of this Website at anytime. You are personally liable for any
orders that you place or charges that you incur prior to your termination.
PetToys.com, Inc. reserves the right to change, suspend, or discontinue all or
any aspects of this Website at any time, without prior notice. Upon
termination, you will have no account or similar Website membership rights to the Website. Our proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions shall survive any such
termination. PetToys.com, Inc. may provide notice of termination by regular
mail or email.
ALLEGING COPYRIGHT INFRINGEMENT If you suspect copyright infringement on our Website, use the
following instructions to let us know. We will respond to notices of alleged
infringement that comply with the Digital Millennium Copyright Act. Be sure to consult with your attorney if you suspect copyright infringement.
Send us written notice by regular mail.
Describe the material you believe has been infringed. An example would be; describe the material that you claim is infringing the work you identified in number one above. Please be detailed.
State the following: "I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or its authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed."
Sign your written statement and mail to PetToys.com, Inc., 4095 East La Palma Avenue, Suite E, Anaheim, CA 92807.
CONTACT US If you have questions about PetToys.com, Inc.’s Terms of Use, Legal Notices or Privacy Policy, you may contact us by:
E-mail: customerservice@pettoys.com
Regular Mail: PetToys.com, Inc., 4095 East La Palma Avenue, Suite E, Anaheim, CA 92807
CHANGES/UPDATES TO NOTICES AND POLICIES Because our Website will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Website for any reason, without notice and without liability to you or any other participating third party. As a Website user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Website. Our current Notices and Policies constitute the entire agreement between you and PetToys.com, Inc. as you use our Website and supersedes all prior understandings or agreements, written or oral, in this
regard.
Dated: September 29, 2009
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