Site Terms and Conditions of Use
1. Binding Agreement; Acceptance of Terms
3. Available Services
The Site provides a variety of information and services about pets and pet care. For example, it includes a listing of various pet care services (like grooming, training and medical care) available to Pet Hub users from 3rd party businesses; a user request page where Pet Hub users can ask questions and request services; and a research page where users can research pet care topics and check the qualifications and run background checks on service providers. In addition, we supply advertisement services in the form of banner ads, and other like services. We reserve the sole right to determine the features of this Site as well as the products and services that are available through this Site. We may add or remove features, products, or services to this Site or discontinue this Site all together at any time without prior notice.
We attempt to be as accurate as possible in describing the products and services available from this Site. However, we do not warrant that product or service descriptions or other content of this Site is accurate, complete, reliable, current or error-free. This applies to the products and services we offer directly and those of third party providers. If a product or service available from this Site is not as described, you should contact us or the third party merchant, as applicable. In such event, your remedy (if any) will be as set forth in below or, as to third-party products and services, in the third party merchant’s terms.
We do not provide you with any of the equipment or services you need to access or use this Site and are not responsible for their performance. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access) and for complying with all of the terms and conditions applicable to your use of these products and services.
4. Registration Data and Privacy
In order to access some of the services on this Site, you may be required to use an account name and password. For example, if you want to purchase a product or subscribe to a service offered by PetHub or one of our Affiliates, you will need to establish an account. You may do this by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate. You are responsible for maintaining and updating your Registration Data to keep it current, complete, and accurate.
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We are not responsible or liable for any loss or damage arising from activities under your account or password.
You may not transfer or share your account or password with anyone. We reserve the right to immediately terminate your account if you do transfer or share your account. If you lose control of your password or if your password has been compromised for any reason, you should immediately notify us at tos@PetHub.com and change your password.
Please note that while you control what emails you receive from us, a periodic system update email cannot be unsubscribed from on PetHub.com. This is our way of keeping our users informed of service updates and should not occur more than once a month. Other types of email notifications can be unsubscribed from by modifying your account details.
5. Conduct on the Site
Your use of this Site is subject to all applicable laws and regulations, and you are solely responsible for your activities in connection with this Site, including for anything you post, e-mail, upload, or transmit to or using this Site. By posting information in or otherwise using any feature of this Site (e.g. message board, photo library / gallery, job posting, business listing, sharing of pet data, or other interactive service that may be available to you on or through this Site), you acknowledge that you are solely responsible for your conduct and agree to indemnify and hold PetHub and its Affiliates harmless under "Indemnity" below, from any and all liability, costs and damages with respect to your conduct.
By using this Site, you agree – that you will not engage in any activity on or post or otherwise disseminate any material using this Site that:
- violates any laws or regulations or any of our policies;
- infringes our intellectual property, proprietary, privacy or publicity rights of those of any third party;
- is false, inaccurate, misleading, defamatory or libelous content;
- is threatening, indecent, obscene, abusive, vulgar, hateful, harassing, child pornographic or harmful to minors; or
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
In addition, you agree that in using this Site you will not:
- manipulate the price of any item or interfere with product, business or service listings on this Site;
- attempt to gain access to or distribute data or content in any manner other than as authorized by these terms, the owner of the data or content, and applicable law;
- circumvent or manipulate our pricing or fee structure, the billing process or amounts owed to PetHub or our Affiliates, or any security, copy protection or other technological measures employed to control access to or rights in this Site, content or data available on this Site;
- take any action that may undermine comments and suggestions about our website or its content;
- loan, transfer or otherwise make your account and account identification available to another party without our consent;
- harvest or otherwise collect information about users, including e-mail addresses, without their consent;
- deliver any viruses, trojan horses, disabling code, worms, time bombs, "clear GIFs" cancelbots, or other computer programming or routines that are intended to, or that in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets, or personally-identifiable information; or
- copy, modify or distribute content to or from the website in violation of applicable copyright and trademark laws; or
- impersonate any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this Site may be available to you or other authorized users of this Site. You shall not interfere with anyone else's use and enjoyment of this Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
6. Comments, Blogging, and Feedback
We neither endorse nor assume any liability for the contents of any material uploaded or submitted to this Site by you or any third party. You agree that we will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of your use of any content posted on or available through this Site or using any of these services. You agree that you are solely are responsible for all content you post or distribute through this Site and that you must evaluate and bear all risks associated with the use of any content provided by others, including any reliance on the accuracy, completeness, or usefulness of such content.
In addition to all the other terms governing your use of this Site, by using the communication services available through this Site, you:
- Agree that all content posted to these services is the sole responsibility of the individual who originally posted the content and all opinions expressed are those of the author and not PetHub or our Affiliates.
- Grant PetHub, our Affiliates and all our users an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display the content you post in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed.
- Warrant and represent that you either own or otherwise control all of the rights to the content you post including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
- Agree that you will not knowingly provide material and misleading false information.
- Use the services to send spam, flooding, advertisements, chain letters, pyramid schemes or solicitations;
- Agree that you will not post any content containing or disclosing your confidential and/or proprietary information or that of any other person, including personal financial information, information covered by a nondisclosure agreement, or information that you are not authorized to disclose.
- Agree that PetHub will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this Site.
- Agree that you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content available through this Site or any of its information services.
Collecting personal information from children under the age of 18 ("minor children") through this Site or our information services is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use this Site, and we ask that they do not submit any personal information to us.
7. Screening and Monitoring
Although we do not inspect the contents of communications or screen content posted or displayed through this Site, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Note: If you use a mailbox service provided through this Site to send/receive messages or store content or communications, your box may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
8. Requests for Information
9. Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. They may also be covered by terms and conditions of use that differ from those governing your use of this Site. These other sites and parties are not under our control and are available here merely as a convenience. We do not endorse these sites or their products or services or make any warranty of any kind, either express or implied, with respect to them.
10. Intellectual Property
Copyright (c) 2010 - 2011, PetHub, Inc. All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
11. Unauthorized Submissions
PetHub does not solicit or accept ideas or proposals from users regarding new products or services via this Site and you are not authorized to make any such submissions. If you do submit an idea or proposal, you understand that it is likely that, given our experience, we are independently exploring, may have explored or may in the future explore programs and ideas that resemble or include your idea. In any case, by making a submission, you hereby forever unconditionally and irrevocably waive, disclaim, release and indemnify PetHub and each and all of its Affiliates, directors, officers, shareholders, representatives and agents from any and all claims and causes of action that you may have at any time that PetHub misappropriated all or any part of your idea or proposal. You also agree: (a) your submission does not create any confidential or fiduciary relationship between you and PetHub; (b) PetHub may discuss and disclose your idea/proposal and any materials you submit to others; (c) PetHub is not obligated to return to you any materials that you submit or to protect any of those materials from damage or destruction; (d) PetHub is not obligated to pay any amount to you or otherwise compensate you or any other person in any way; (e) PetHub is not obligated to furnish you with any information of any kind or respond to your submission in any way; and (f) in the event you have any proprietary interest in any idea or materials you submit, you grant PetHub a license with respect thereto to the same extent and on the same terms as the content you submit.
13. Copyright Notice and Takedown Provisions
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site has a good faith belief that its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately requesting that the we remove or block access to the claimed infringing material. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Mr. Peter Cancelmo, Attorney
Garvey Schubert Barer
1191 Second Avenue, 18th Floor
Seattle, WA 98101-2939
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, you may submit a counter notice to the same address.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from this Site or otherwise respond to the notice in the manner provided in the Digital Millennium Copyright Act without liability to you or any other party.
14. Disclaimer of Warranties
ALL MATERIALS AND SERVICES 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 SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION 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 MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS 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.
Through your use of this Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, 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 PRODUCTS, SERVICES, MATERIALS, OR INFORMATION 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.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services 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.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES 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 PROFITS, 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 WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS 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.
YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that 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.
17. Participation in 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, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
18. 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, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
19. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
20. Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within Washington state, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Washington state, by accessing this Site both of us agree that the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site.
You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to this Agreement shall be settled by arbitration to be held in King County, Washington, administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the matter. Nevertheless, nothing in this Agreement shall in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process. Each party shall bear its own costs and expenses of arbitration. All forum fees and expenses, including the arbitrators’ fees, shall be shared equally by the parties, and shall not be assessed against either party as part of an award.
In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action shall be filed, and that venue properly lies, only in courts located in King County, Washington, or the federal Washington District Court, and you hereby consent and submit to the personal jurisdiction of such courts.
You hereby acknowledge, understand, and agree that, whether a dispute is resolved by arbitration or by a court, you waive the right to have the dispute heard or decided by a jury.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at PetHub, Inc. 700 NW Gilman Blvd., Ste. E103-385, Issaquah, WA 98027 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
23. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
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 services 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.
25. Contact Information
Terms and Conditions of Sale
1. Your Account
You must set up an account with PetHub to purchase goods from the Site. PetHub reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders, in its sole discretion.
All prices are listed in U.S. Dollars.
3. Product Descriptions
We attempt to be as accurate as possible in describing the goods and services available for purchase. However, we do not warrant the descriptions. If the product or service you purchase is not as described, your sole remedy is to return it to us as per the return policy provided below. If the product or service is purchased from a third party through the Site, you must follow the return instructions for that party.
4. Purchase Price
You agree to pay the purchase price of the goods/services as set forth in the order confirmation generated when you complete the checkout process.
5. Sales Tax
Sales tax is collected by PetHub on orders delivered to addresses in the State of Washington and other states as may be required by law. You are responsible for any use or similar tax imposed by any other jurisdiction on purchases from the Site.
6. Payment Methods
Payments shall be made by credit card or other permitted payment method. Payment information transmitted to us is submitted via a secure connection, which encrypts all submitted information.
Because of security and privacy requirements, your bank cannot disclose information to us about why your payment was declined. To solve most payment issues, please contact your bank directly.
8. Conditions of Sale
We do not sell products for children, but we do sell them to adults who can purchase with a credit card or other permitted payment method. If you are less than 18 years of age, you may use the Site only with the involvement of your parent or guardian.
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases) at the rates in effect when the charges are incurred. Goods ordered for delivery outside of the United States may be subject to import duties and taxes, which may be levied when the package arrives at the destination that you specify. Any charges for customs clearance will be borne by you, as we cannot control such charges and do not calculate or assess the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the destination country for additional information. Please also be aware that you will be considered the importer of record and must comply with all laws and regulations of such country.
If you wish to dispute a charge, you must notify us in writing within 7 days after receiving the credit card statement that includes the charge, or such dispute will be deemed waived.
9. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with our shipping policy in effect on the date of shipment. Delivery dates are estimates only. We will make reasonable efforts to deliver in accordance with such dates; however, we will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing, goods shall be packaged according to our standards and practices.
Your receipt of an order confirmation does not constitute our acceptance of your order or constitute a confirmation of our offer to sell. We reserve the right to accept or decline the order for any reason, or ship less than the quantity ordered. Your order will be deemed accepted by us upon delivery of the products that you have ordered.
We are concerned about your satisfaction with the workmanship of the manufacturing of goods you purchase from us. If goods you purchase from PetHub (as opposed to a third party) arrive damaged or with a manufacturer's defect, we will be happy to provide you with a replacement or a refund if you contact us within 14 days of receipt. Goods sold on the Site by third parties are subject to the seller's return policy, if any.
Please note that we cannot provide refunds or cancel orders and that, except for the situations expressly described in this return policy, we cannot otherwise accept returns.
13. Title and Risk of Loss
All goods purchased from the Site are shipped pursuant to a shipment contract. This means that the title and risk of loss for the goods pass to you upon delivery to the carrier for shipment or delivery to you.
14. Disclaimer of Warranty/Limitation of Liability
We do not make any warranty regarding the quality of the goods or that the goods will be fit for any particular purpose for which you may be buying them and we disclaim all other warranties and conditions, express or implied.
PETHUB (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS)) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR SERVICE PURCHASED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF WE OR ANY OF OUR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY YOU HEREUNDER.
WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD YOU HARMLESS FROM OR AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY YOU ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
The warranties we make are those in effect on the date of purchase.
Last updated: February 9, 2011.
Copyright 2010 - 2011, PetHub, Inc. All rights reserved.