Terms

TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on any page of the Trendy Pet web site (the "Web Site") are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in the Web Site. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Accuracy of Information. Trendy Pet attempts to include information in the Web Site that is complete, accurate and current. Despite our efforts, the information in the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to whether any information in the Web Site is complete, accurate or current. For example, products included in the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated in the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of this Web Site. The Web Site design and all text, graphics, information, content, software, technology components and other material used by, displayed on or that can be downloaded from the Web Site are either the property of, or used with permission by, Trendy Pet, their affiliates, their suppliers or other parties and may be protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located in the Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Trademarks. Certain trademarks, trade names, service marks and logos used or displayed in the Web Site are registered and unregistered trademarks, trade names and service marks of their respective owners, including Trendy Pet and its affiliates or other parties. Nothing contained in the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed in the Web Site without the written permission of the owner.

Linking to this Web Site. Creating or maintaining any link from another Web Site to any page of the Web Site without Trendy Pet's prior written permission is prohibited. Running or displaying the Web Site or any material displayed in the Web Site in frames or through similar means on another Web Site without Trendy Pet's prior written permission is prohibited. Any permitted links to the Web Site must comply will all applicable laws, rules and regulations.

Third Party Links. From time to time, the Web Site may contain links to Web Sites that are not owned, operated or controlled by Trendy Pet or any of its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. None of Trendy Pet or its affiliates are responsible for any content, materials or other information located on or accessible from any other Web Site. None of Trendy Pet or its affiliates endorses, guarantees, or makes any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from any other web site, or the results that you may obtain from using any other web site. If you decide to access any other web site linked to or from the web site, you do so entirely at your own risk.

Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Trendy Pet may have at law or in equity, if Trendy Pet determines that you have violated or are likely to violate any of the foregoing prohibitions, Trendy Pet may take any action they deem necessary or appropriate to cure or prevent the violation, including without limitation, the immediate removal from the Web Site of the related materials. Trendy Pet will cooperate with any law enforcement authorities or court order or subpoena requesting or directing Trendy Pet to disclose the identity of anyone posting such materials.

User Information. Other than personally identifiable information, which is subject to the Privacy Policy posted in the Web Site, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Trendy Pet, its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Trendy Pet may, but is not obligated to, monitor or review any User Communications. Trendy Pet shall have no obligation to use, return, review, or respond to any User Communications. Trendy Pet will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Trendy Pet retains the right to remove any or all User Communications that includes any material Trendy Pet deems inappropriate or unacceptable.

DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTS OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TRENDY PET, NOR ANY OF IT’S AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER TRENDY PET NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY. Trendy Pet does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Site or your downloading of any materials, from the Web Site. IN NO EVENT WILL TERNDY PET, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITES LINKED TO THE WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Revisions to These Terms and Conditions. Trendy Pet may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Web Site.

Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Trendy Pet to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site shall be brought only in the courts of the State of Colorado or the United States District Court for the District of Colorado. A printed version of these Terms and Conditions may be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination. We may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.

Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at

info@trendypet.com or by mail at:

Trendy Pet
[Re: Privacy Compliance Officer]
8540 Sawgrass Drive Lone Tree Colorado US 80124
.