Forums/FAQs and Common Solutions

PerfectPetzzz.com User Agreement

Michael Brown
posted this on June 03, 2009 01:10 pm

User Agreement

USER AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). CD3, Inc. PROVIDES ITS SERVICES TO YOU (THE "CUSTOMER") SUBJECT TO THE FOLLOWING USER AGREEMENT (THE "AGREEMENT"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.

WHO WE ARE

As used in this Agreement, "Perfect Petzzz" refers to both Perfect Petzzz, and CD3, Inc. As used in this Agreement, "Site" refers to PerfectPetzzz.com and all other registered CD3, Inc. domains.

CHANGES TO THESE TERMS OF USE

CD3, Inc. reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. CD3, Inc. also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.

GRANT OF USE

Permission is granted to use the content and software (the "Services") on the Site as a shopping resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of CD3, Inc., is strictly prohibited.

PURPOSE OF SALES

All sales of products by CD3, Inc. are limited to personal use and may not, without the express prior written approval of CD3, Inc., be made in conjunction with any resale or commercial use.

COPYRIGHT

All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of CD3, Inc., or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of CD3, Inc. or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties.

TRADEMARKS

All trademarks, service marks and trade names used on the Site (collectively the "Marks") are proprietary to CD3, Inc. or other respective owners that have granted CD3, Inc. the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not a product or service of CD3, Inc., or that is likely to cause confusion among customers, or that in any manner disparages or discredits CD3, Inc. or the other respective owners of the Marks.

PRIVACY POLICY

CD3, Inc. protects customer information according to the Privacy & Security Statement posted on this Site. The Privacy & Security Statement, as amended from time to time, is incorporated by reference to be a part of this Agreement.

COLORS/SATISFACTION/POLICY RETURNS

CD3, Inc. has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. CD3, Inc. does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on this Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Site you can return them to our warehouse. We will issue a credit card refund. As we are certain you will understand, we may not provide a refund or an exchange if the products have been opened or used unless such products are defective..

LIMITATIONS ON LIABILITY

IN NO EVENT SHALL CD3, Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO CD3, Inc. FOR THE PRODUCT(S) AT ISSUE, EVEN IF CD3, Inc. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST CD3, Inc. WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ORDER ACCEPTANCE/SHIPPING TERMS/REFUNDS

Acceptance of all orders by CD3, Inc. occurs only upon shipment from CD3, Inc.'s distribution center in Austin, Texas. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. CD3, Inc. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, CD3, Inc. is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site , CD3, Inc. is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and CD3, Inc. shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order.

ONLINE CONDUCT

Any conduct by a person that in CD3, Inc.'s sole discretion restricts or inhibits any other person from using or enjoying CD3, Inc. is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through CD3, Inc. any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to CD3, Inc. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain CD3, Inc.'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to CD3, Inc. of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, CD3, Inc. will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CD3, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments.

TERMINATION OF USAGE

CD3, Inc. may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of CD3, Inc., without notice, for any conduct that CD3, Inc., in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or CD3, Inc..

OUTSIDE SITES AND LINKING

The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). CD3, Inc. is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.

CD3, Inc. permits certain third party links to the home page of its site, provided that CD3, Inc. is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the CD3, Inc. home page without the prior written consent of CD3, Inc. and CD3, Inc. reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.

SEVERABILITY

If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

WAIVER

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

ENTIRE AGREEMENT

This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between CD3, Inc. and Customer with respect to the subject matter hereof. It supercedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by CD3, Inc. without need of further notice and shall not be part of this Agreement or in any way binding upon CD3, Inc..

ACCEPTANCE OF THIS AGREEMENT AND OF AMENDMENTS AND MODIFICATIONS THEREOF

Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by CD3, Inc. on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by CD3, Inc. sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.