Terms & Conditions
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of our Website Services and Your purchase of products or services through them. You must be at least 18 years old to use our Website Services.
When You visit the Website or send e-mails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. 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.
MEMBERSHIP AND ACCOUNT SECURITY
While You may browse the Website and order products as a guest user, to access certain services on the Website, You must create an account. You must be 18 years of age or older to create an account. When You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things:
Ensuring that Your registration details are true, up to date, and accurate;
Not creating an anonymous account or an account for anyone other than yourself without permission;
Not sharing Your password, letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.
We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.
No data transmission over the Internet is totally secure. While we work to protect information You provide, we do not warrant and cannot ensure the security of any information You transmit to us. Accordingly, any information You transmit to us is transmitted at Your own risk.
You have 7 calendar days to return an item from the date you received it. To be eligible for a return, your item must be in the original packaging and more than 50% used.
PRODUCTS FOR PERSONAL USE
All products available on the Website are for personal use only. You may not resell any of the products that You purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine Your order violates our Terms and Conditions.
PURE Dog Food tries to be as accurate as possible when describing and showing our products on the Website, but we do not warrant that these product descriptions or depictions, or other content on the Website, are accurate, reliable, current, or complete.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by the Website on or through the Website Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. The Website may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on the Website in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by the Website or by third parties that have licensed their use to the Website. You may view and use the Content only for Your personal information and for using the Website, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by the Website, is strictly prohibited.
LICENSE AND SITE ACCESS
The Website grants You a limited license to access and make personal use of the Website and Website Services and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of the Website. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent.
You may not use any meta tags or any other “hidden text” utilizing the Website’s name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
By submitting content on or through the Website, You hereby grant to the Website, its parent, affiliates, partners and clients, and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate, and excerpt (in whole or in part) such submitted content, and to grant and authorize sublicenses of the foregoing to its parent, affiliates, partners and clients including advertisers of brands or products (the “Advertisers”) for display via third party websites or applications (for example, an Advertiser may sublicense submitted content to repurpose on its own or other third party website). Even if You withdraw or request a return of any submitted content, such a request shall not terminate or impact the use rights granted by the Website to third parties regarding such submitted content prior to such removal. By submitting content, You also warrant and represent that the content of the submission is accurate, not misleading, and will not violate the rights of any individual. If You do not wish to grant such rights to the Website, do not submit Your content.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If You believe that Your work has been copied in a way that constitutes copyright infringement or Your intellectual property rights have otherwise been violated, please provide the Website copyright agent (“Agent”) with the written information specified below:
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;
Your address, telephone number, facsimile 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 or other intellectual property owner, its agent, or the law;
A statement by You, under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Mail: Attn: PURE Dog Food LLC, 10850 Washington Blvd., Culver City, CA 90232
We reserve the right, in appropriate circumstances and at our sole discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of the Website or others.
The Website shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this agreement and any operating rules established by the Website, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Website shall have the right, but not the obligation, to remove any material that the Website, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:
Hate speech – language that degrades others on the basis of gender, race, national origin, religion, sexual orientation, or disability;
Personal attacks – language that is threatening, intimidating, defamatory, libelous, or encourages others to cause injury or property damage to any person;
Invasion of privacy – phone numbers, email addresses, physical addresses, or other personal information;
Pornography, nudity, profanity, or vulgarity;
Language that promotes, encourages, or provides information about illegal conduct;
Off topic statements – opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers;
Advertising – solicitations of any kind, all spam including comments or links that are repeatedly posted; or
Copyright infringement/Plagiarism – comments that appear to violate copyright laws.
LINKED THIRD PARTY SITES
Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.
The Website Services include certain services that are or will hereinafter be available to You via Your mobile phone or other mobile device if You have subscribed to them. Your mobile carrier’s normal messaging, data, and other rates and fees may still apply to Your use of the services. In addition, downloading, installing, or using certain services may be prohibited or restricted by Your mobile carrier, and not all services may work with all carriers or devices. Therefore, You are responsible for checking with Your mobile carrier to determine if the services are available for Your mobile devices, what restrictions, if any, may be applicable to Your use of the mobile services, and how much they will cost You. By using the mobile services, You agree that the Website may communicate with You by SMS, MMS, or other electronic means to Your mobile device and that certain information about Your usage of the mobile services may be communicated to the Website. In the event You change or deactivate Your mobile telephone number, You agree promptly to update Your mobile subscription account information to ensure that the messages the Website intends to send to You are not sent to another person who acquires Your former mobile telephone number.
DISCLAIMER AND LIMITATION OF LIABILITY
THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. THE WEBSITE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE SERVICES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE , ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE WEBSITE SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF THE WEBSITE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
You agree to defend, indemnify, and hold harmless the Website, the Website’s vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Website Services, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Site. To the extent permitted by applicable law, You hereby release the Website from any and all claims or liability related to any product or service of the Website and any conduct, action, or inaction by the Website or another user of the Website. In connection with the foregoing release, You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website Services or any product or service provided to You arising out of or relating to Your use of the Website Services.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by the Website of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
The Website shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
APPLICABLE LAW & DISPUTES
Access to or use of the Website Services shall not be construed as the Website’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction. This agreement and any dispute that might arise between You and the Website shall be governed by and construed in accordance with the laws of the California, without regard to conflicts of law provisions. Any dispute, action, or proceeding arising out of, or related to, these Terms, use of the Website, or use of the Website Services shall be adjudicated in the state or federal courts located in the state of California, and You consent to exclusive jurisdiction and venue in such courts.
By using the Website, You agree that the Website, at its sole discretion, may require You to submit any disputes arising from the use of the Website, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of California as set forth in the previous section.
Any award in any proceeding shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, there shall be no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages, or attorneys’ fees, except when disclaimer of such an award is not permitted by statute.
CHANGES IN TERMS
These Terms are effective until terminated by the Website. The Website may terminate these Terms without notice and at any time in connection with any of the Website Services. In the event of termination, You are no longer authorized to access those Website Services, and the restrictions imposed on You with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
The Website shall also have the right without notice and at any time to terminate some or all of the Website Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Website or any feature or portion thereof.
PURE Dog Food LLC
Effective July 03, 2013