Conditions of Use
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site. If you visit or shop at XYZPetSupply.com, you accept these conditions. Please read them carefully.
1. Privacy. Your use of the Site constitutes your consent to XYZPetSupply.com' privacy and security policy posted from time to time on the Site.
2. Electronic Communications. When you visit XYZPetSupply.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.
3. Service Mark Notice. "XYZPetSupply.com", "XYZPetSupply.com" and other related marks are service marks of XYZPetSupply.com and are protected by law. They may be used publicly only with permission from XYZPetSupply.com LLC. ALL RIGHTS RESERVED.
4. Copyright. You acknowledge that the Site contains information, data, software, photographs, videos, graphs, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter Developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and XYZPetSupply.com and its parent company own a copyright in the selection, arrangement, coordination, and enhancement of such Content. You may not modify, remove, augment, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all trademark legends, copyright notices or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, reproduce, post, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
5. Usage by children under 18. We cannot prohibit minors from visiting the Site and we must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
7. Site access and License. XYZPetSupply.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it, except with express written consent of XYZPetSupply.com. This license does not include any commercial or retail use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any copying or downloading of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of XYZPetSupply.com. You may not frame or utilize framing techniques to enclose any logo, service mark, trademark or other proprietary information (including text, images, page layout, or form) of XYZPetSupply.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing XYZPetSupply.com's name or trademarks or service marks without the express written consent of XYZPetSupply.com. Any unauthorized use terminates the permission or license granted by XYZPetSupply.com. You are granted a revocable, limited and nonexclusive right to create a hyperlink to the home page of XYZPetSupply.com as long as the link does not portray XYZPetSupply.com, its affiliates or their products or services in a misleading, false, derogatory, or otherwise offensive matter. You may not use any XYZPetSupply.com logo or other proprietary graphic or trademark as part of the link without express written permission.
8. Your Account. If you use this site, you are responsible for maintaining the confidentiality of your password and account and for restricting access to your computer. And, you agree to accept responsibility for all activities that occur under your password or account. XYZPetSupply.com sells products for children, but it sells them to adults who can purchase with a credit card. If you are under 18, you may use XYZPetSupply.com only with involvement of a parent or guardian. XYZPetSupply.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
9. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of XYZPetSupply.com in any way. Unauthorized use or modification of any information stored on XYZPetSupply.com may result in criminal and/or civil prosecution under Federal, State, local and International law. You may not use XYZPetSupply.com for anything other than a lawful and legitimate purpose. You agree not to use XYZPetSupply.com to carry out any unauthorized alteration of any data or information on XYZPetSupply.com or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on XYZPetSupply.com.
10. Comments, Reviews, Communications and other Content. Visitors may post comments, reviews and other content; send cards and other communications; and submit ideas, suggestions, questions, comments or other information, so long as the content is not illegal, obscene, threatening, defamatory, infringing of intellectual property right, invasive of privacy or otherwise injurious to third parties or objectionable and does not consist of or contain political campaigning, software viruses, commercial solicitation, mass mailings, chain letters or any form of "spam." You may not use a false or spoofed e-mail address, impersonate any entity or person or otherwise mislead as to the origin of a card or other content. XYZPetSupply.com reserves the right (but not the obligation) to remove or edit such content, however, XYZPetSupply.com does not regularly review posted content. If you do submit material or post content and unless we indicate otherwise, you grant XYZPetSupply.com and its affiliates a nonexclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, modify, reproduce, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant XYZPetSupply.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You warrant and represent that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify XYZPetSupply.com or its affiliates for all claims resulting from content you supply. XYZPetSupply.com has the right but not a obligation to monitor and edit or remove any activity or content. XYZPetSupply.com assumes no liability for and takes no responsibility for any content posted by you or any third party.
11. Risk of Loss. All items purchased from XYZPetSupply.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipment carrier.
12. Descriptions of Products. XYZPetSupply.com and its affiliates attempt to be as accurate as possible to our customers. However, XYZPetSupply.com does not warrant that product descriptions or other content of this site is current, accurate, complete, reliable or error-free. If a product offered by XYZPetSupply.com itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by XYZPetSupply.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
a) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
b) If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
14. Modification of Terms and Conditions of Use. XYZPetSupply.com reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
16. Disclaimer; Limitation of Damages. The Site is provided on an "AS IS," "as available" basis. Neither XYZPetSupply.com, nor its affiliates, subsidiaries, parent company or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. Neither XYZPetSupply.com, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. XYZPetSupply.com specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by XYZPetSupply.com or its Associates shall create a warranty. You expressly agree that the use of the Site is at your sole risk.
Under no circumstances shall XYZPetSupply.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, defects, errors, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to XYZPetSupply.com records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of XYZPetSupply.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Site, please refer to the manufacturer or Associates for details.
18. Disputes. Any dispute relating whatsoever pertaining to your visit to XYZPetSupply.com or to products you purchase through XYZPetSupply.com shall be submitted to confidential arbitration in Grand Rapids, Nebraska, except that, to the extent you have in any manner violated or threatened to violate XYZPetSupply.com's intellectual property rights, XYZPetSupply.com may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
21. Our Address.
22. Intellectual Property Infringement. XYZPetSupply.com relies upon a network of independent Associates and vendors who supply some of the goods advertised on the site and, in some cases, drop ship them directly to our customers. XYZPetSupply.com is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by its Associates. If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with 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 believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site; Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to XYZPetSupply.com's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
23. DISCLAIMER: XYZPetSupply.com and XYZPetSupply.com or its parent company and affiliates have no affiliation with the respective product manufacturers whose products we sell. Images of products and the manufacturers' trademarks have been used for display purposes only. All company names and brands remain trademarks and/or registered trademarks of the respective manufacturers.