Terms of Use

TERMS AND CONDITIONS

Last Updated:  May 17, 2016

Introduction: PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING OUR WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS (AND ANY TERMS INCORPORATED BY REFERENCE).  IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE OUR WEBSITES.

These Terms of Use (“terms”) explain the conditions under which NPM Franchising, LLC, d.b.a. “Nature’s Pet Market” and “EarthWise Pet Supply” (“we/us”) provides use of our websites, www.NaturesPetMarket.comwww.NPMFranchising.comwww.EarthWisePet.com, and the information, products and services available through our websites. We will use our best commercial efforts to comply with these Terms of Use.

Access to Our Websites: Subject to these terms, we grant you a limited license to access and make personal use of our websites. This license is revocable at any time. You must not download or modify our websites, or any portion of it, except with our prior written consent. Any unauthorized use is prohibited and may also violate applicable laws including, without limitation, copyright and trademark laws.

Right to Change or Discontinue: We reserve the right at any time to change these terms or to modify or discontinue our websites at any time without advance notice. If the changes are not acceptable to you, your only remedy is to stop using our websites. By continuing to use our websites, you agree to be bound by the revised terms. You should review these terms before you use our websites so that you understand the applicable terms and conditions.

Products and Specifications: Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our websites at a particular time does not imply or warrant that these products or services will be available at any time.

Shipping Limitations: When an order is placed, it will be shipped to an address designated by the purchaser as long as your shipping address complies with the shipping restrictions contained on our websites. Risk of loss and title for items purchased from our websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Eligibility for Use of Website: By registering an account on our website(s), you represent and agree that you are legally able to enter into binding contracts.

Your Account: In order to access certain features of our website(s) you must create an account with us. You may register only one user account. When you create an account, you agree to provide accurate, current and complete information as may be prompted by any registration forms on our website and to maintain and promptly update the registration information to keep it current and complete.  During the registration process, you may be asked to choose a username. We reserve the right to refuse a username for any reason including if we believe it is offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account and computer, and you agree to accept responsibility for all activities and unauthorized access that occur under your account or password. We reserve the right to cancel an account, refuse registration, refuse service, terminate accounts, cancel orders or disqualify you for any reason (or for no reason) in our sole discretion. When you register an account with us, you consent to receive communications from us electronically. Please review our separate Privacy Policy found on our websites for more information about use and protection of your personal information and your Opt-Out option for marketing-related communications.

User Content Rules and Policies: Our websites may include interactive areas in which you or other users create, post or store reviews, comments, messages, photos, information, text, videos or other content or materials (“User Content”).  You are solely responsible for your use of the interactive areas and use them at your own risk.  You agree not to post, transmit, store or otherwise publish through our websites any of the following:

·        User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.

·        Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

·        User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

·        User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. 

·        User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any User Content.

·        Unsolicited promotions, political campaigning, advertising or solicitations.

·        Viruses, corrupted data or other harmful, disruptive or destructive files.

·        User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying our websites or that may expose us, our suppliers or users to any harm or liability of any type.

·        If you do post User Content, then you represent and warrant that you have the lawful right to distribute and reproduce the User Content, and unless we indicate otherwise, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content throughout the world in any media. You grant to us and our sublicensees the right to use the name that you submit in connection with the content, if we or they choose. You represent and warrant that (a) you own and control or otherwise have all necessary rights to post the User Content and grant the rights granted in herein; (b) that the content is accurate and not misleading; (c) that you will not violate these terms in respect to your use and posting of the User Content and that any User Content you post will not violate any rights or cause injury to any person or entity; and (d) that you will indemnify us for all claims resulting from User Content you post.

·        We do not endorse any User Content or any opinion, recommendation or advice expressed in any User Content. We expressly disclaim any and all liability for any User Content posted by you or any third party.  In addition, we are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  Your use of interactive areas is at your own risk.

·        We have no obligation to screen, edit or monitor any of the User Content, but we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on our websites at any time and for any reason without notice.  Any use of the interactive areas or other portions of our websites in violation of these terms may result in, among other things, termination or suspension of your rights to use our websites.  Enforcement of the User Content rules and policies set forth in these terms is solely at our discretion, and failure to enforce the rules in some instances does not constitute a waiver of our right to enforce the rules in other instances.  In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our websites will not contain any content that is prohibited by the rules.

Third Party Websites: Our websites may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of our websites linked to and from our websites are solely responsible for their contents. You should carefully review the terms and conditions of these sites, including their privacy policies, before visiting them.

Third Party Products and Services: We may run advertisements and promotions from third parties on our websites or may otherwise provide information about or links to third-party products or services on our websites.  Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with third parties are solely between you and the third parties.  We are not responsible or liable for any loss, injury or damage of any sort incurred as the result of any of your dealings with third parties or from any third party products and services.

Restrictions: Our websites may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of our websites. It is your responsibility to ascertain and obey all applicable laws in regard to the possession, use and sale of any item purchased from our websites. By placing an order, you represent that the products ordered will be used only in a lawful manner. In addition, without limitation, you agree that you will not do any of the following while using or accessing our websites or services: (a) Circumvent, disable or otherwise interfere with security related features of our websites or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “Nature’s Pet Market”, “EarthWise Pet Supply” or any other similar name (or any other name, trademark or service mark related to our websites); (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of our websites or the services, or interfere with the access of any user to our websites or the services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use our websites or services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting our websites or services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our websites or services; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; or (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these terms.

Disclaimers:  THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITES AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN OUR WEBSITES.  WE DO NOT REPRESENT OR WARRANT THAT INFORMATION ON OUR WEBSITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

·        WE ARE NOT RESPONSIBLE FOR INACCURACIES, ERRORS OR OMISSIONS RELATING TO PRICING, DESCRIPTIONS, TEXT OR PHOTOGRAPHY. 

·        WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY SUPPLIER THAT ADVERTISES ON OUR SITE OR FOR ANY RESULTING PERSONAL INJURIES, PROPERTY DAMAGE, DEATH OR OTHER DAMAGES OR EXPENSES.

·        WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF OUR WEBSITES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR WEBSITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitation of Liability: IN NO EVENT WILL WE (OR ANY OF OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USER CONTENT OR YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR WEBSITES, ANY WEBSITES LINKED TO OUR WEBSITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY SUCH WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS (OR ELSEWHERE ON OUR WEBSITES), IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH ANY OF OUR WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES INCLUDED IN THESE TERMS AND CONDITIONS AND/OR POSTED ON OUR WEBSITES.

Indemnification: You agree to defend, indemnify, and hold us and our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your conduct or your access to or use of our websites and/or the related services (if any); (b) your violation of these terms; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any User Content you post (if applicable), including any claim that any of your User Content caused damage to a third party.

Returns and Refunds: NPM Franchising offers no refunds or returns for purchases made online as all transactions are made directly with the store selected.  For refund and return information, please contact your local EarthWise Pet or Nature’s Pet Market location.  NPM Franchising is not liable for any return or refund policies by local stores.

Our Intellectual Property: We (or our licensors) own and retain all proprietary rights in our websites. Our websites contains our copyrighted material, trademarks, and other proprietary information, and is protected to the maximum extent permitted by U.S. and foreign laws and international treaty provisions. Your access and use of our websites and the related services does not grant you any right or license to our copyrighted material, trademarks, service marks, trade names, logos, images, or other proprietary information.

Repeat Infringers: In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we reserve the right to terminate, in appropriate circumstances and in our sole discretion, subscribers or account holders who are deemed to be repeat infringers.  We may also in our sole discretion choose to limit access to our websites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Miscellaneous: These terms constitute the entire agreement between the parties with respect to the use of our websites and the related services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties. Any waiver by either party of any violation of any provision of these terms will not be deemed to waive any further or future violation of the same or any other provision. If any portion of these terms is held to be unenforceable for any purpose (including but not limited to public policy grounds) then the remainder of these terms will be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by us. You may not assign your rights or delegate your duties under these terms to any third parties. THESE TERMS AND ANY DISPUTE RELATING TO THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO U.S. OR OREGON CHOICE OF LAW RULES. YOU AND WE AGREE AND CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO US OR THE MATTERS IN THESE TERMS WILL BE EXCLUSIVELY IN COURTS LOCATED IN PORTLAND, OREGON.

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