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LEGAL INFORMATION
Last updated: August 12, 2005.
Welcome to PetsPlusUSA.com, your online store location. We have prepared the information below to ensure that your experience of our Web site is one you'll
want to repeat again and again. Pets Plus provides this Site as a service to its customers. Please review the following basic rules that govern your use of
our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please
do not use this Site. Pets Plus may revise this agreement at any time, at its sole discretion, by posting an amended Agreement on the Site. Any changes that
we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able
to determine if this Agreement has been changed since your previous visit by viewing the Last Updated information that appears at the top of this Agreement.
Should you have any questions concerning any of our policies, please contact us via e-mail.
Address
This Site is expressly owned and operated by Pets Plus. The address for PetsPlusUSA.com is:
200 Blair Mill Road, Horsham, PA 19044.
Site Content
Unless otherwise noted, all design and content featured on PetsPlusUSA.com including URLs, navigational buttons and images, artwork,
graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by
Pets Plus. This Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The
contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes
other than personal and noncommercial is prohibited without the prior written permission of Pets Plus. You may not reproduce, publish, display, modify,
sell, or distribute any of the materials from the Site. You may, however, download or electronically copy and print any of the page contents displayed on
the Site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any Site
materials via email, no right, title, or interest in those materials will be transferred to you.
Agreement
Our internet pages are merely an invitation for you to make us an offer to buy the items described on these pages. When you submit an
order it constitute an offer for us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation e-mail.
These automatic order confirmation e-mails do not constitute our acceptance of the offer, and are subject to correction prior to shipment due to inaccuracies,
errors, product discontinuation or unavailability, or any other reason.
Inaccuracies
We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be
occasions when some of the information featured on PetsPlusUSA.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly
unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order.
Please be aware that we present our content 'as is' and Pets Plus makes no claims to its accuracy, either expressed or implied. We reserve the right to amend
errors or to update product information at any time without prior notice.
In the event a Pets Plus product is listed at an incorrect price due to photographic error, typographical error or error in pricing information received
from our suppliers, Pets Plus shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Pets Plus shall have the
right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Pets Plus shall issue a credit to your credit card account in the amount of the incorrect price.
Availability
Please understand that many of our featured items are selected in limited quantities and, because of their limited availability, their
stock will not and cannot be replenished. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured
on PetsPlusUSA.com is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. Should you have any questions concerning
the availability of a particular item, please contact us.
Product Information
The Pets Plus products displayed on the Site are available in certain Pets Plus stores in the United States. The prices displayed on the
Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States. Keep in mind, PetsPlusUSA.com does not carry every item that
you would find in our affiliate stores.
Pricing
Most Pets Plus products displayed at the Site are available in select Pets Plus stores in the United States while supplies last. In some
cases, merchandise displayed for sale on the Site may not be available in any or all Pets Plus stores. Pets Plus stores may also have different prices or
promotional events at different times. Sale prices on the Site are internet-only specials and do not reflect the pricing of Pets Plus stores or catalog.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correspondence
Although we will make every effort to respond within one business day to applicable email messages, Pets Plus is under no obligation to
respond to all pieces of correspondence received through this Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind
for your comments or submissions. While we welcome your comments and feedback regarding PetsPlusUSA.com, our merchandise and our services, we do not wish to
receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions,
and other submissions that are disclosed or submitted to our company shall become and remain the property of Pets Plus. To the extent that ownership of such
submissions does not vest with Pets Plus, you grant Pets Plus a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to
exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the
full release of all proprietary claims and/or intellectual rights regarding your submission, and you represent and warrant that any use by Pets Plus of such
information or idea will not violate any intellectual property, proprietary, contract or other right of any third party. However, we will not use your name
in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law
to do so.
Indemnification
You agree to indemnify, defend, and hold harmless Pets Plus, its officers, directors, employees, agents, affiliates, licensors and
suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting
from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Pets Plus violates any
intellectual property, proprietary, contract, or other right of any third party, or (3) any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the Site using your account.
Disclaimer
Given the unpredictability of technology and the online environment, Pets Plus does not warrant that the function or operation of this
Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses
or other harmful elements. As a visitor to, and user of, this Site, you must assume full responsibility for any costs associated with servicing of equipment
used in connection with use of our Site. As a visitor to, and a user of, this Site, you, in effect, agree that your access will be subject to the terms and
conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED .AS IS. AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PETS PLUS AND ITS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE
OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
NEITHER PETS PLUS NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE
AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Exclusive Remedy
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PETS PLUS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEB SITE SHALL BE $100.
Termination
We reserve the right to immediately terminate this agreement, and/or your access to and use of the Site or any portion
thereof, at any time and for any reason, with or without cause. Pets Plus shall have no liability for termination of this agreement. Upon termination of this
agreement, your right to use the Site shall immediately cease.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer
rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in
writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America, without
regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of
Montgomery, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement
is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and
all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or
sublicenseable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. Any heading, caption or section title contained in this agreement is inserted only as a matter of
convenience and in no way defines or explains any section or provision hereof.
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