Terms of Service – Native Pet
Last Revised: [March 24, 2023]
The following terms and conditions of service (the “Terms of Service”) is a binding agreement between you and Native Pet, Inc. (“Native Pet,” “us” or “we”), with respect to your use of our website at nativepet.com (the “Site”), and the services and products available on the Site, including any Content (as defined in Section 6 below) (collectively, the Site, services, products, and Content are hereinafter referred to as the “Offerings”). By accessing or using the Offerings in any manner (whether automated or otherwise), you (a) acknowledge that you have read, understand, and agree to these Terms of Service including the Privacy Notice located at https://nativepet.com/policies/privacy-policy (the “Privacy Notice”) and other policies located at https://nativepet.gorgias.help/en-US/articles/ordering-21396, which are each incorporated herein by reference, and (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). If you do not agree to these Terms of Service or other listed policies, do not use these Offerings.
THESE TERMS OF SERVICE INCLUDE BINDING INDIVIDUAL ARBITRATION PROVISIONS REFERENCED HEREIN AND ATTACHED AS ATTACHMENT 1 TO THIS TERMS OF SERVICE. THE DISPUTE RESOLUTION PROVISIONS IN ATTACHMENT 1 ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. IF A DISPUTE DOES GO TO COURT, THE JURY TRIAL WAIVER APPLIES, WHICH MEANS YOU WAIVE YOUR CONSTITUTIONAL RIGHT TO A JURY TRIAL AND ACCEPT THE USE OF A BENCH TRIAL.
Offerings. We provide a number of Offerings for users on our Site, including pet supplies, pet supplements, merchandise, and gift cards.
No Guarantee. Although we work hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Offerings available on this Site, including the services and/or products.
Temporary Interruptions. You understand and agree that temporary interruptions of the Offerings may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Products. Certain products or services may be available exclusively through the Site. The quantity for said products or services may be limited based on availability, your geographical location, or in our sole discretion, any other filtering mechanism we choose. We may exercise this right on a case-by-case basis. We cannot guarantee the Site provides an accurate representation of the quantity available. We have made efforts to display an accurate representation of the products including the colors.
We cannot guarantee the visual representation of the products are substantially similar to the actual product due to mechanisms that are out of our control, such as your monitor’s capability to accurately display color, detail, or other visual components of the products.
Cancellation of Services or Products. We reserve the right to refuse any order you place with us, including orders for personal use or, in our opinion, appears to be for a dealer, reseller, or distributor. We may, in our sole discretion, limit or cancel any quantities purchased. These restrictions apply to all orders place, including orders placed under the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made.
Payment. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offerings
Charges. Any charges incurred by your purchase or use of the Offerings, will be billed to the credit card we have on file. In the event you sign up for a service or product that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of the service or shipment of the product. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to immediately provide us with any changes in such information.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
2.3 Gift Cards. All gift card purchases are subject to this Agreement in all respects and any additional restrictions set forth on the Site(collectively, “Gift Card Policies”). Gift Cards (which include, for purposes of this Agreement, e-gift cards and gift certificates) purchased from Native Pet do not expire. Gift Cards may not be redeemed for cash (except in those jurisdictions that require redemptions for cash). Native Pet Gift Cards may only be redeemed on the Site. Redemptions of Gift Cards will result in the application of a credit to your Account in the amount of the Gift Card balance. Any Gift Card balances will be applied toward any other product purchased by you from Native Pet from time to time until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. Native Pet is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Native Pet Gift Cards are final and non-refundable.
Site Conduct & Posting Policies.
Login Required. To access some of the Offerings on this Site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
User-Created Content Guidelines. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, reviews, or posts you leave on the Site or are otherwise displayed on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
No Endorsement. We neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments/reviews posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms of Service and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Third-Party Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Company Intellectual Property. For purposes of these Terms of Service, “Content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Native Pet.
Ownership of Content. By accepting these Terms of Service, you agree that all Content presented to you on the Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Native Pet or its licensor(s).
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Native Pet. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Native Pet.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Offerings in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of the Offerings Content violates our intellectual property interests and could result in criminal or civil penalties. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Offerings, or use of or access to this Site or Offerings provided.
No warranty for Third-Party Infringement. We do not warrant or represent that your use of materials displayed on, or obtained through, the Offerings will not infringe the rights of third parties.
Content You Create.
Your Intellectual Property Rights. Subject to the Privacy Notice, any communication or material that you transmit to this Site, or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, irrevocable, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Notice). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Native Pet and will not be returned to you.
Disclaimer. ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE OFFERINGS, INCLUDING THE CONTENT AND/OR SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS INCLUDING THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Limitation of Liability & Indemnification. Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Service and your use of this Site shall be limited to the amount you paid us for Offerings purchased, related to the claim, on the Site during the 12-month period before the act giving rise to the liability.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Indemnification. You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Termination of Use. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Offerings with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Offerings and reporting you to the proper authorities, if necessary.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 4-10 of these Terms of Service, as well as your liability for any unpaid fees, shall survive any termination.
Miscellaneous Provisions.
Sweepstakes, Contests, and Games. In addition to these Terms of Service, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the services may have specific rules that are different from these Terms of Service. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms of Service and Promotion rules, Promotion rules will control.
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
Governing Law. The Offerings (excluding any Third-Party websites) is controlled by us from our offices in Missouri, and the statutes and laws of the Missouri shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the Missouri or the U.S. District Court for the Missouri with respect to such matters controlled by that court.
Notices. All notices to you will be in writing and made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@nativepet.com if by email, or to our address at 399 S. Spring Ave, Suite 208A, Saint Louis, MO 63110, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) 2 business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) 5 business days after the mailing date, if sent by U.S. mail, return receipt requested; (iv) on the delivery date if transmitted by confirmed facsimile; or (v) on the delivery date if transmitted by confirmed email.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Service may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with the Offerings is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
Changes to Terms of Service. We may revise and update these Terms of Service from time to time in our sole discretion. The date these Terms of Service were last revised and updated is set forth at the top of this page. We will notify you via email when there is a material change to these Terms of Service. All changes are effective and apply thereafter to all access to and use of the Offerings 15 days after posting for current users and immediately for new users. Your continued use of the Offerings following the effective date of the revised Terms of Service means that you accept and agree to the changes. Users include all persons who visit our Site, including browsers, vendors, customers, merchants, and/or content contributors.
Questions. If you have any questions about the Services, or these Terms of Service, please email us at Info@NativePet.com.
Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
ATTACHMENT 1 -
MANDATORY ARBITRATION
In the event that there is a dispute, claim, or controversy between you and Native Pet or any other third-party service provider acting on Native Pet’s behalf, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in St. Louis, MO before a single arbitrator.
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