You Agree to These Terms by Using this Site
Limitations of Use
The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Animal Necessity services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in this agreement.
Animal Necessity accepts credit card payments only. You agree to pay all fees charged to your account based on Animal Necessity’s fees, charges, and billing terms in effect as shown on Animal Necessity’s payment page. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of products based on the address that you provide as the shipping address when you checkout and/or when you register for an Auto-Ship service, and you authorize Animal Necessity or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping products. If you do not pay on time or if your credit card cannot be charged for any reason, Animal Necessity reserves the right to either suspend or terminate your account and Auto-Ship service and terminate these Terms of Service. All sales and payments will be in US Dollars.
Animal Necessity’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Animal Necessity and Animal Necessity’s third party payment service provider at the election of your credit card issuer. Neither Animal Necessity nor Animal Necessity’s third party payment service provider is responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER:
Shipping and Product Acceptance
The auto-shipment date will be determined according to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are typically sent UPS SurePost (with faster alternatives available). The risk of loss and title for all products purchased via the Site pass to the customer upon delivery of the item to the carrier. We currently do not ship to Canada.
Animal Necessity reserves the right to suspend, disqualify or terminate any customer’s or prospective customer’s participation in the Auto-Ship service program and forfeit any credits earned if the customer or prospective customer is found to have engaged in any prohibited conduct or otherwise violated the provisions of these Terms of Service. If customers have engaged in prohibited conduct or fraudulent or suspicious behavior that undermines or affects the integrity or credibility of the program, and we are unable to find a solution to restore the integrity and credibility of the program, then we may in our sole discretion cancel, change or suspend the Auto-Ship service program.
Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Animal Necessity neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Animal Necessity assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ANIMAL NECESSITY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
Third Party Disclaimer
Animal Necessity may provide hyperlinks to third party websites or other resources solely for your convenience. Animal Necessity does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Animal Necessity specifically disclaims any responsibility if such sites:
- infringe any third party’s intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
Neither does Animal Necessity endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of Animal Necessity.
Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the “Content”) is licensed to you by Animal Necessity. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.
This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the “Content”) which is owned by Animal Necessity or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
If you believe that content appearing on the Site constitutes copyright infringement of another party’s rights, please contact us.
Animal Necessity does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
Animal Necessity reserves the right to refuse or delete at its descretion any Content posted on this website.
Revisions to the Terms