User Agreement
USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS
WEBSITE ("SITE"). CD3 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™,
Co., CD3, and CD3, Inc. As used in this Agreement, "Site" refers to PerfectPetzzz.com
and all other registered CD3 domains.
CHANGES TO THESE TERMS OF USE
CD3 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 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, is strictly prohibited.
PURPOSE OF SALES
All sales of products by CD3 are limited to personal use and may not, without the
express prior written approval of CD3, 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, 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 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 or other respective owners that have granted
CD3 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, or that is
likely to cause confusion among customers, or that in any manner disparages or discredits
CD3 or the other respective owners of the Marks.
PRIVACY POLICY
CD3 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 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 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 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 FOR THE PRODUCT(S) AT ISSUE, EVEN IF CD3 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
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 occurs only upon shipment from CD3'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 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 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 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 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's sole discretion restricts or inhibits any
other person from using or enjoying CD3 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 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 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's property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to CD3 of all worldwide right, title and
interest in all copyrights and other intellectual property rights in and to the
Comments. Thus, CD3 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 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 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, without notice,
for any conduct that CD3, 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.
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 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 permits certain third party links to the home page of its site, provided that
CD3 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 home page without the prior written consent of CD3 and CD3 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 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 without need of further notice and shall not be part of
this Agreement or in any way binding upon CD3.
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 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 sending an email to the Customer at Customer's last known
email address or by posting thereof on the Site.
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