This Account Agreement governs your account and all purchases with Pet Best, Inc. ("Pet Best"), the owner and operator of PetBest.com (the "Pet Best"). Other services on the Website may be governed by additional terms and conditions. For example, your general use of and visit to the Website is also governed by the "Terms of Use", incorporated by reference herein and located on the bottom of the website. The issuance of credits, discounts and points, including through the Referral Program, are governed by the Terms and Conditions of the Credits/Points Program, incorporated by reference herein.
If you agree to be bound by the terms of this Agreement, you must check the box indicating your agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with opening an account at Pet Best or purchasing any products therein.
In this Agreement, "you" and "your" refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We", "Pet Best, Inc" refer to Pet Best, its employees, members, representatives, officers, directors, agents, successors and assigns.
We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the website, or send them to you via e-mail or postal mail. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT BY SENDING AN E-MAIL TO: customercare@petbest.com YOUR CONTINUED USE OF THE WEBSITE AND/OR ACCOUNT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Registration data and other information about you are subject to our Privacy Policy Statement.
You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.
We may offer an option where you can schedule your orders in advance via our Auto Refill program (e.g., scheduling certain orders to be delivered by Pet Best on a monthly, periodic or specified basis). You will need to expressly instruct us should you wish to participate in such a program, whereby we will send you the order (s) you designated in advance and, accordingly, charge the credit card number you have on file with Pet Best prior to shipment. Such pre-scheduled orders may be processed up to ten (10) days in advance so you must provide us at least ten (10) days advance notice if you wish to change or cancel the order. If you fail to provide notice of the change/cancellation within the time period specified above, we cannot guarantee that your request will be complied with until after the order has been shipped. In such event, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with the order already processed or shipped before your request was received.
Do not assume a cancellation or change of ANY order you have made with Pet Best, whether pursuant to a scheduled program or not, has been effected until you receive a confirmation from Pet Best via email or the website. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
You represent that you have the required legal capacity and that you are of the required legal age (i.e., eighteen years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
You understand that it is your responsibility to review, upon first receipt, whether delivered to you by e-mail, by a posting on the website, or by all other electronic means, all order confirmations, statements of referral balances, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty-eight hours after any such document or information is sent to you or available on the website. In all cases, Pet Best reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from Pet Best shall be deemed to be delivered and available to you whether actually received or not.
You represent that you will be the sole and exclusive authorized user of your password associated with your Pet Best account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password.
You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify Pet Best in writing, delivered via e-mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history.
If you fail to notify Pet Best immediately upon your knowledge when any of the above conditions occur, neither Pet Best nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall Pet Best or anyone involved in creating, producing, delivering or managing Pet Best services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, the services provided by Pet Best or out of any breach of any warranty by Pet Best. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, Pet Best liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.
To the full extent permissible by applicable law, Pet Best disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
The use and storage of any information, including, without limitation, the password, transaction activity, referral balances and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the website or related services, and for all communications service fees and charges incurred by you in accessing the website or related services.
"Pet Best" and other marks indicated on our site are trademarks of Pet Best, Inc. Pet Best trademarks and trade dress may not be used in connection with any product or service that is not of Pet Best Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pet Best, Inc. All other trademarks not owned by Pet Best, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pet Best.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pet Best, Inc or its content suppliers protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Pet Best, Inc. and protected by international copyright laws. All software used on this site is the property of Pet Best, Inc. or its software suppliers and protected by international copyright laws.
You are authorized to use products or materials which are sold or made available by Pet Best services for your own needs only, and you are not authorized to resell products or access to any such materials or to make copies of any such materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.
You understand that Pet Best Inc. may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the website or related services or your ability to purchase products on the website. Pet Best, Inc. may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with Pet Best, Inc. at any time for any reason, subject to the conditions of Scheduled Orders. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed.
All items purchased from Pet Best 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 carrier.
The merchandise offered for sale by Pet Best is manufactured by third parties and to the full extent permissible by law, Pet Best disclaims all representations and warranties therein. Further, all sales are final and items can be returned to the Company only pursuant to the Return Policy located on the website. Problems or defects with such merchandise should be forwarded to the manufacturer of the merchandise.
For your protection and for the protection of Pet Best, Inc., and as a tool to correct misunderstandings, you understand, agree and authorize Pet Best, Inc., at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and Pet Best, Inc. and any of Pet Best, Inc.'s employees or agents and to monitor your electronic communications with Pet Best, Inc.
You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.
You specifically agree to hold Pet Best, Inc. harmless from any and all claims, and agree that Pet Best, Inc. shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering or Pet Best, Inc. from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact Pet Best, Inc. immediately with any discrepancies.
Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of Pet Best, Inc.
You understand that access to and your use of your account constitutes your consent to and agreement to abide by the terms and conditions of this Account Agreement. Pet Best, Inc. may at any time revise these terms and conditions by updating the Account Agreement. You agree to be bound by subsequent revisions and agree to review the Account Agreement periodically for changes to the terms and conditions of the Account Agreement. The most up to date version of the Account Agreement will always be available for your review on the website. Continued use of Pet Best Inc. after such changes will constitute acknowledgment and acceptance of such amendment. This Agreement represents the entire agreement between you and Pet Best, Inc concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on Pet Best, Inc website, and by your use of Pet Best, Inc website and services, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorized officer of Pet Best, Inc.
If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
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