These Terms of Service ("Terms") apply to your access to and use of the websites and other online products and services (collectively, our "Services") provided by Animal Supply Company, LLC doing business as Neighborhood Pet Products, and its subsidiaries and affiliated companies ("Neighborhood Pet"). By clicking "I Accept," accessing or using the Services you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 11, do not access or use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
Physical Address: 2403 E Interstate 30, Grand Prairie, TX 75050
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
- User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
- Acceptable Use
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Neighborhood Pet;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Neighborhood Pet Content”) are owned by or licensed to Neighborhood Pet and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Neighborhood Pet and our licensors reserve all rights in and to our Services and the Neighborhood Pet Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Neighborhood Pet Content for your own personal and business use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Neighborhood Pet Content; (b) copy, reproduce, distribute, publicly perform or publicly display Neighborhood Pet Content, except as expressly permitted by us or our licensors; (c) modify the Neighborhood Pet Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Neighborhood Pet Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Neighborhood Pet Content other than for their intended purposes. Any use of our Services or Neighborhood Pet Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Neighborhood Pet or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Neighborhood Pet. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Neighborhood Pet, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Neighborhood Pet Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims")arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Neighborhood Pet Parties of any third party Claims, cooperate with Neighborhood Pet Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Neighborhood Pet Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Neighborhood Pet or the other Neighborhood Pet Parties.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Neighborhood Pet does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Neighborhood Pet attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
- Limitation of Liability
Neighborhood Pet and the other Neighborhood Pet Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Neighborhood Pet or the other Neighborhood Pet Parties have been advised of the possibility of such damages.
The total liability of Neighborhood Pet and the other Neighborhood Pet Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (i) amount paid, if any, by you to access or use our Services; or (ii) $100.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Neighborhood Pet or the other Neighborhood Pet Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Neighborhood Pet and the other Neighborhood Pet Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
- Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Neighborhood Pet and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Neighborhood Pet seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Neighborhood Pet seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Neighborhood Pet waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Dallas County, Texas in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Neighborhood Pet agree that any dispute arising out of or related to these Terms or our Services is personal to you and Neighborhood Pet and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Neighborhood Pet agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Neighborhood Pet agree that the state or federal courts of the State of WashingtonTexas and the United States sitting in KingDallas County, WashingtonTexas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Neighborhood Pet will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 11 by emailing email@example.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 12.
- Governing Law and Venue
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of the State of WashingtonTexas, without reference to its principles relating to conflicts of law. Neighborhood Pet and you agree that venue for any dispute, obligation or action of any kind arising hereunder will be in KingDallas County, WashingtonTexas, or the United States District Court for the WesternNorthern District of WashingtonTexas, and both Neighborhood Pet and you irrevocably consent to the jurisdiction of such state and federal courts for any dispute hereunder or action on any obligation hereunder and agree not to commence or prosecute any suit, proceeding or claim hereunder, except in the aforementioned courts.
- Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by [sending an email notification to the address associated with your account or providing an email notice]. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and Neighborhood Pet relating to your access to and use of our Services. The failure of Neighborhood Pet to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.