QualityPet,LLC in Delaware registered limited liability company(hereinafter “QualityPet”, "we", "us", and "our")and we are providing various business services for our customers via websiteQualityPet.co (hereinafter “QualityPet Services”).
QualityPet Affiliate Program exists to involve bloggers, influencers, and freelancers to promote QualityPet Services. This affiliate agreement (hereinafter the “Agreement”)stipulates the terms and conditions under which you may become an affiliate in the QualityPet Affiliate Program and start sending traffic to the Quality Petwebsite using your tracking link in exchange for a commission.
The terms “Affiliate”, “you”, "your" and "yours“ refer to a natural person or a legal person who has signed up as an affiliate and who has accepted these term sand conditions. By accepting the Agreement, you confirm having carefully read the Agreement. Upon accepting the Agreement, the terms stipulated herein shall become a binding agreement between you and us.
2. Affiliate Obligations
2.1. You shall act with due diligence and make all reasonable efforts to mediate potential clients with whom we could enter into a service agreement.
2.2. In order for us to accurately keep track of all guest visits, registrations, and sales from your Posts/website to our website, you must always use your tracking link.
2.3. In providing the content, you may not do anything harmful to QualityPet’s image and reputation. Content created by you should be truthful and a creative representation of QualityPet Services that, depending on the purpose of the Post, educates followers and/or increases their curiosity about QualityPet. We fully respect your creative freedom to create Posts in a way that inspires your audience, but when creating a Post, we expect from you and you agree to follow all promotion restrictions stipulated in this Agreement.
2.4. Maintenance and updating of the information you share about QualityPet on your website and other channels will be your responsibility. We may monitor your Posts/website as we feel necessary to make sure that information contained therein is up-to-date and correct and notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your Posts/website. You must have express permission to use any person's copyrighted material, whether it be in writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.6. You will be responsible for any tax reporting and/or payment obligations applicable in respect to any commissions received from us under this Agreement as stipulated in clause 6.8.
2.7. By accepting this Agreement, you understand that it is prohibited to:
2.7.1.use the tracking link or any content made available to you by us in the course of the QualityPet Affiliate Program for any unlawful purposes;
2.7.2.solicit others to perform or participate in any unlawful acts;
2.7.3. violate any international or local regulations, rules, and laws;
2.7.4. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
2.7.5. submit any false or misleading information;
2.7.6. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website;
2.7.7. spam, phish, pharm, pretext, spider, crawl, or scrape;
2.7.8. use the tracking link or QualityPet’s content for any obscene or immoral purpose;
2.7.9.sign up for the QualityPet Affiliate Program if you are not able to form legally binding contracts (for example if you are under 18 years old), or aretemporarily or indefinitely suspended from using our site, services, applications or tools;
2.7.10.transfer your account or tracking link to another party.
2.8. In the event you are providing your services to QualityPet outside of the United States, you undertake to inform QualityPet immediately about the location of the provision of services. You understand and agree that your activities shall not create a permanent establishment of QualityPet. With the foregoing in mind, you undertake to inform QualityPet immediately if QualityPet is the sole contractor of your services. In the event the permanent establishment should emerge due to your activities, you are required to reimburse all expenses arising to QualityPet.
4. Term and Termination
4.1. The Agreement shall take effect from the date of acceptance thereof and is entered into for an unspecified term.
4.2. Either party may unilaterally end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email. For the avoidance of doubt, QualityPet shall have the right to terminate this Agreement with immediate effect, by serving you a written notice if you have:
4.2.1. committed fraud in your use of the QualityPet Affiliate Program or you abuse the QualityPet Affiliate Program in any way. If such fraud or abuse is detected, QualityPet shall not be liable to you for any commissions for such fraudulent sales;
4.2.2. refused to make changes to your Post/website which QualityPet has requested in accordance with clause 3 of this Agreement;
4.2.3. breached any promotional restrictions stipulated in this Agreement.
4.3. After the termination of the Agreement, regardless of the ground for the termination, we shall have the right to delete your Affiliate account.
4.4. Upon termination of the Agreement on any ground specified in clause 4.2 of this Agreement, you shall not be entitled to receive a commission even if the commission would still be subject to payment if the Agreement was in force.
6. Commission and Payments
6.1. In consideration of your promotional activities, we shall pay you a commission as stipulated in this clause 6 in respect of each person who has been directed to our website by using your unique tracking link and with whom we enter into a service agreement. We shall not pay you a commission if any of the grounds stipulated in clause 6.4 preclude payment of the commission.
6.2. When a person who has been directed to our website by using your unique tracking link becomes a QualityPet customer, your commission will be 20% of the revenue earned and distributed to QualityPet by the partnership created by the respective QualityPet customer and QualityPet company. The right to receive a commission ceases if the revenue is not distributed by the partnership within 1st year from the signup, whereas the decision of whether to distribute the profit and if distribute, in what amount, is fully and solely managed on QualityPet partnership members and you cannot influence that.
6.3. You will not receive the commission if:
6.3.1. the person directed via your tracking link is already a QualityPet Services customer;
6.3.2. the person directed via your tracking link has already participated in the QualityPet Affiliate Program;
6.3.3. you yourself signed up as a QualityPet customer using your own Affiliate Program tracking link;
6.3.4. QualityPet decides to terminate the services agreement with a customer directed to our website by using your unique tracking link for any reason before expiry of the 1st year from the sign-up;
6.3.5 if QualityPet is entitled to refuse to make the payment on any other ground expressly stipulated in this Agreement.
6.4. The commission will be paid out once per month via PayPal. The minimum pay-out sum per month is $50. If you earn less in any given month, the funds will be paid out once the amount exceeds the threshold.
6.5. QualityPet uses PayPal to handle all the payments. Please make sure you have the PayPal account and you have selected and set up PayPal as a payout method on QualityPet Affiliate Dashboard. QualityPet may require you to issue an invoice (if you are a legal entity and have an obligation to issue invoices in the country of your establishment) for the purpose of payment of a commission.
6.6. We do not have to cover any of your additional costs. You confirm that the amount of commission is sufficient to cover any and all expenses connected with the provision of services under this Agreement.
6.7. The amount of the commission payable to you is final and includes any and all applicable local and foreign taxes, state fees, tariffs, and charges. The commission also includes all and any bank transfer and currency exchange charges. You shall assume and pay, or cause to be paid, any and all such fees, expenses, taxes, and charges. If any of such payments should be paid by us, then we shall withdraw such payments from the amount of commission payable to you under this Agreement or we have the right to demand indemnification of such payment from you.
6.8. You as the affiliate (incl. the natural person) undertake to bear full responsibility for, and agree to hold QualityPet harmless in relation to withholding or paying any taxes (except VAT, if applicable) and other state duties and fees that are due in respect to the commission paid out to you under this Agreement. For the avoidance of doubt, QualityPet shall only pay VAT under, if applicable, and any other amounts that may be claimed from you and/or QualityPet in relation to services provided under this Agreement will be the sole responsibility of you.
6.9. You acknowledge and understand that the relationship between QualityPet and its customers, including the terms of calculation and payment of service fees by customers to QualityPet, are strictly confidential and cannot be disclosed to you for the purpose of calculation of your commissions. Therefore, QualityPet shall calculate the commissions payable to you strictly based on the information that is available to you in the Affiliate Dashboard.
Thus, you hereby waive explicitly any right to demand any other commission calculation supporting documents.
8. Grant of Licenses
8.1. We grant to you a limited, non-exclusive, non-transferable, non-assignable, revocable right to (i) access our site through HTML links, tracing link, solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, marketing, advertising and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of QualityPet’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of QualityPet and the goodwill associated therewith will insure the sole benefit of QualityPet.
8.2. Your right to use the rights arising from the Licensed Material shall commence as of the entry date to this Agreement and shall expire upon termination of the Agreement for any reason.
8.3. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
10.1. You undertake not to disclose to any third party any confidential information of QualityPet as defined in clause 10.2 below that becomes known to you in connection with the Agreement. You shall as well apply all reasonable measures to protect the confidential information of QualityPet. The confidentiality obligation shall be in force during the term of the Agreement and 5 years after its termination for any reason.
10.2. Confidential information shall mean the know-how, trade secrets, software, employees, business information, research information, information about business and cooperation partners, any pricing policy of QualityPet, IT systems, and any security measures (incl. cybersecurity measures) in use by QualityPet, QualityPet’s action plans and projects. Any kind of information that is not public and that can be deemed to be related to the business activities of QualityPet shall be considered confidential information and cannot be made available to any third party without the written consent of QualityPet except such information:
10.2.1. which is at the time of disclosure of common knowledge, or which will, later on, be of common knowledge in such a way that it is not contrary to this Agreement;
10.2.2. which you are forced to disclose under applicable laws.
11.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and QualityPet. You will have no authority to make or accept any offers or representations on our behalf.
11.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
11.3. This Agreement shall be governed by and interpreted in accordance with the laws of Delaware without regard to the conflicts of laws and principles thereof. Any disputes arising from this Agreement shall be settled in the Delaware Court of Chancery in the State of Delaware, United States of America.
11.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
11.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
11. 7. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
11.8. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
1. Overview of QualityPet Affiliate Program and Getting Started
1.1. By signing up to the QualityPet Affiliate Program, you undertake to perform actions aimed at increasing traffic on QualityPet's website. For that purpose, you undertake to create quality content related to QualityPet and QualityPet Services for your audience, publish the content together with your tracking link in your social media account, blog, or any other medium you use for communicating with your audience (hereinafter the “Post”). Subject to the Agreement, QualityPet shall pay to you the commission as stipulated in the Agreement when your customer link drives sales for QualityPet. You hereby also confirm that your activities under this Agreement are ancillary to your other professional activities and you do not obtain a greater part of your income from the activities under this Agreement.
1.2. To become an Affiliate, you are required to submit a sign-up application and accept this Agreement. By submitting the application and accepting the Agreement, you confirm that: (a) the data provided by you upon registration are true, accurate, and full, (b) you agree to act in accordance with the Agreement, (c) you have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement.
1.3. If you wish to sign up as a natural person, you confirm that you are at least 18 years of age and you have full active legal capacity. By signing up as a legal entity, you must be duly incorporated, have the full legal capacity, and have duly authorized representatives.
1.4. We reserve the right to reject the sign-up application or deactivate your tracking link at any time and without any obligation to justify our decision. We are entitled to deactivate your Affiliate status and your tracking link at any time if we determine that your Post and/or website is unsuitable for promoting QualityPet Services, including but not limited to, if:
1.4.1. it promotes sexually explicit materials;
1.4.2. it promotes violence;
1.4.3. it promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
1.4.4. it promotes illegal activities;
1.4.5. it incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;
1.4.6. it includes "QualityPet" or variations or misspellings thereof in its domain name;
1.4.7. it is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
1.4.8. it contains software downloads that potentially enable diversions of commission from other affiliates in our program;
1.4.9. you create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website or design your website in a manner that leads customers to believe you are QualityPet.
1.5. Upon acceptance of your sign-up application by us and entry into the Agreement, you will be provided with your own personal account to our Affiliate Dashboard and unique tracking link. The tracking link needs to be used every time you promote QualityPet and QualityPet Services to your audience. You understand that the tracking link enables us to identify any potential client mediated by you to us. You also understand that if you do not use the unique tracking link specifically assigned to you or you are using the tracking link contrary to the guidelines, we are not able to link a potential client with you. A failure in linking the client with you takes away your right to receive a commission.
1.6. By logging in to the Affiliate Dashboard, you can review and analyze your marketing and sales efforts and see our calculation of the commissions due to you. You will also be able to review our program details, see your tracking link, and access marketing/advertising creatives.
1.7. You expressly agree and understand that you act as an independent contractor, and nothing in this Agreement is meant or shall be construed in any way or manner, to create between you and us a relationship of employer and employee, partners, agency, or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of this Agreement. In any case, you are not authorized and shall not have the power or authority to bind us to any legal relationship, or incur any liability or obligation, or act on behalf of us. For the avoidance of any doubt, the entry into this Agreement shall not constitute an agency agreement between you and us.
3. QualityPet Rights and Obligations
3.1. We have the right to monitor your Posts/website at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes that we feel should be made, or to make sure that your advertisements and QualityPet promotional content are appropriate, and to notify further you of any changes that we feel should be made.
3.2. QualityPet will have the unilateral right to decide whether and on what conditions to enter into a service agreement with any customers, who were directed to our website by using your unique tracking link. QualityPet will be also free to terminate the service agreements with any such customers at any time and according to its own discretion. QualityPet reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. In such cases, you will lose the right to commission as stipulated in clause 6.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and QualityPet Affiliate Program rules. If you do not agree to the change of terms of this Agreement, you have a right to terminate the Agreement by notification via email. Your continued participation in the QualityPet Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
7. Promotion Restrictions
7.1. At all times, you must clearly represent yourself and your websites as independent from QualityPet.
7.2. Advertising commonly referred to as "spamming" is unacceptable to us. For example, the following forms of advertising are prohibited by QualityPet:
7.2.1. the use of unsolicited commercial email (UCE);
7.2.2. postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once (you may post to newsgroups to promote QualityPet so long as the newsgroup specifically welcomes commercial messages);
7.2.3. advertising in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
7.3. You may use mailings to customers to promote QualityPet so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings.
7.4. If it comes to our attention that you are spamming, we will consider that as a cause for immediate termination of this Agreement and your participation in the QualityPet Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.5. It is strictly prohibited to share and/or post your unique tracking link on QualityPet’s public channels (i.e. by posting the tracking link to QualityPet’s Facebook or Instagram account).
7.6. Direct traffic sent to your QualityPet Affiliate Program tracking link via Pay-Per-Click (PPC) campaigns is prohibited. Sending traffic to your sites and automatically redirecting it to QualityPet’s sites is also considered direct traffic. While you can run PPC campaigns for your sites, you can’t do direct PPC campaigns for QualityPet. We reserve the right to expel any violator from our Affiliate Program without prior notice and on the first occurrence of such PPC bidding behavior.
7.7. For the avoidance of doubt, the activities which are considered as the illegal use of QualityPet’s trademark (for example QualityPet, etc.), amongst other illegal intellectual property usages or other breaches of QualityPet’s rights, are following (non-exhaustive list of examples):
7.7.1. acting directly or indirectly in the name of QualityPet (i.e. there must be a clear distinction from acting as QualityPet or by acting as you for the third parties);
7.7.2. opening or operating any social media account, portal, or website which uses QualityPet name, logo, or trademark;
7.7.3. using the paid search ads (for example Google, Bing, or other similar) with QualityPet brand-related or generic keywords, sending traffic to your domain and automatically redirecting it to QualityPet’s sites;
7.7.4. adding QualityPet links to any adult, casino, cashback, coupons, discriminatory, websites consisting of hostile or offensive content or incitements to violence or websites with content that fails to respect the legal rights of others (including infringement of the intellectual property rights of others, such as file-sharing, torrent or pirate sites or other forms of intellectual property piracy) or which is defamatory to others or other similar websites;
7.7.5. doing other activities which violate directly or indirectly QualityPet’s rights or harm in any way QualityPet’s reputation.
7.8. You shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited QualityPet site (i.e., no page from our site or any QualityPet’s content or branding is visible on the end user’s screen). As used herein “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, and similar search or directory engines); (c) set commission tracking cookies through loading of QualityPet site in IFrames, hidden links and automatic pop-ups that open QualityPet.com site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces, or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Limitations of Liability and Indemnification
9.1. Affiliate dashboard and content, or features made available in conjunction with this Agreement are provided “as is” and “as available” without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, QualityPet disclaims all warranties. We do not provide any guarantees to you regarding the Affiliate dashboard. In particular, we shall not be responsible for the following:
9.1.1. any interruption, discontinuance, suspension, or other types of unavailability of the Affiliate dashboard;
9.1.2. any interruption or cessation of transmission to or from the Affiliate dashboard;
9.1.3. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through Affiliate dashboard;
9.1.4. deletion of, corruption of, or failure to store any content or data;
9.1.5. the incompatibility of technologies used for accessing the Affiliate dashboard.
9.2. We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall QualityPet's cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total commission fees paid to you under this Agreement.
9.3. You hereby agree to indemnify and hold harmless QualityPet and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) are related to the provision of services under this Agreement, including but not limited, arise out of or are based on (i) any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Post/website, including, without limitation, content therein not attributable to us (iv) breach of applicable law.
This website is operated by QualityPet co. Throughout the site, the terms “we”, “us” and “our” refer to QualityPet co. QualityPet co offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timelines of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclamer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall QualityPet co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless QualityPet co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.