Terms and Conditions
Limitation of Liability
1. Description of Services.
In the Site, TruPet®, llc provides users with access to sales of pet items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access.
TruPet®, llc grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in TruPet®, llc's sole discretion) an unreasonable or disproportionately large load on TruPet®, llc's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by TruPet®, llc to prevent or restrict access to the Site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by TruPet®, llc.
3. Membership Eligibility.
The Site and Services are not available to minors under the age of 18 or to any users suspended or removed from the system by TruPet®, llc for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your TruPet®, llc account to another party. If you do not qualify, you may not use the TruPet®, llc Service or the Site.
4. Your Account.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TruPet®, llc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TruPet®, llc has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify TruPet®, llc immediately of any unauthorized use of your account or any other breach of security. TruPet®, llc reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
5. Description of TruPet®, llc products, and services.
TruPet®, llc provides users with a simple way to manage their ongoing pet food purchases. We strive to provide the best service, prices and experience. If at any time during your membership in our program you would like to change, or cancel your order(s), you may do so immediately online by logging into your account, or speaking with a customer service representative.
6. Shipping & Returns
For a full description of our shipping and return policy please click here.
7. Submitted Content.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to TruPet®, llc through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. TruPet®, llc, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, TruPet®, llc and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting TruPet®, llc a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
8. Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE TRUPET®, LLC PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE. NONE OF THE TRUPET®, LLC PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. NONE OF THE TRUPET®, LLC PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES. TruPet®, llc attempts to be as accurate as possible with products descriptions and prices. However, TruPet®, llc does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information TruPet®, llc shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. TruPet®, llc shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. TruPet®, llc reserves the right to cancel any order at any time due to any reason.
9. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUPET®, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (EACH, A "TRUPET®, LLC PARTY") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRUPET®, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS PURCHASED VIA THE SITE.
You agree to indemnify, defend and hold the TruPet®, llc Parties harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, your use of the Site or Services, or your violation of any law or the rights of a third party.
11. Electronic Communication.
When you use the Site or send emails to TruPet®, llc, you are communicating with TruPet®, llc electronically. You consent to receive communications from TruPet®, llc electronically. TruPet®, llc will communicate with you by email or by posting notices on the Site. 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.
The Site or third parties may provide links to other World Wide Web sites or resources. Because TruPet®, llc has no control over such sites and resources, you acknowledge and agree that TruPet®, llc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TruPet®, llc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
14. Modification and Notification of Changes.
15. Intellectual Property Rights.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of TruPet®, llc and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of TruPet®, llc or such third party which may own the Marks. All information and content available on or through the Site, including, without limitation, any software programs, ("Content") is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of TruPet®, llc. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
16. Procedure for Claims of Intellectual Property Infringement.
TruPet®, llc respects the intellectual property of others, and we ask our users to do the same. TruPet®, llc may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TruPet®, llc's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site; • your address, telephone number, and email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. TruPet®, llc's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
100 Technecenter Drive
Milford, OH 45150
TruPet®, llc may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
17. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.