Acceptance of Contract Terms
The following ("Contract Terms") are terms of a legal agreement between you and kissyourpet.com ("KYP, LLC"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by KYP, LLC from its offices within the United States. KYP, LLC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to 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 applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Nevada
- Software License.
By this Agreement, KYP, LLC grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by KYP, LLC and/or its Licensors. KYP, LLC has no obligation to update or modify any of the foregoing.
- Copyright, Licenses, Use Restrictions and Idea Submissions.
The copyright in all material provided on this Site is held by KYP, LLC or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of KYP, LLC or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- Social Media.
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
KYP, LLC is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
You agree to indemnify, defend and hold harmless KYP, LLC, its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
- Third Party Rights.
The provisions of paragraph 5 (Indemnification) are for the benefit of KYP, LLC.com and its officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. You agree that any legal action or proceeding between KYP, LLC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Nevada. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. KYP, LLC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. KYP, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. KYP, LLC.com KYP, LLC. Other trademarks and service marks appearing on the Service may be owned by KYP, LLC or by other parties including third parties not affiliated with KYP, LLC.
KYP, LLC may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in KYP, LLC's account information. You may give notice to KYP, LLC at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:
23335 N 18th Dr., Ste 108
Phoenix, AZ 85027
Attn: Customer Service
Returns / Cancellations
We offer a 100% Satisfaction Guarantee. If for any reason you are unsatisfied with the Kiss Your Pet product, please contact us. We will gladly refund 100% of your purchase price less S/H costs.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the Kissyourpet.com, Inc. entity named on the invoice ("Kissyourpet.com, Inc.") that will be provided to you ("Customer") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH KISSYOURPET.COM, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER KISSYOURPET.COM, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Kissyourpet.com, Inc.'s sole discretion.
- Other Documents.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Kissyourpet.com, Inc.
- Governing Law.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Nevada, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes; Interest.
Terms of payment are within Kissyourpet.com, Inc.'s sole discretion, and unless otherwise agreed to by Kissyourpet.com, Inc., payment must be received by Kissyourpet.com, Inc. prior to Kissyourpet.com, Inc.'s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Kissyourpet.com, Inc. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Kissyourpet.com, Inc. may invoice parts of an order separately. Orders are not binding upon Kissyourpet.com, Inc. until accepted by Kissyourpet.com, Inc. Any quotations given by Kissyourpet.com, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Kissyourpet.com, Inc. reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice. Revisions to these Terms and Conditions.These Terms and Conditions of Sale may be revised at any time by updating this web page. Visit this page to review current Terms and Conditions of Sale which are binding on you.
- Shipping Charges; Taxes.
Separate charges for shipping and handling will be shown on Kissyourpet.com, Inc.'s invoice(s). Unless Customer provides Kissyourpet.com, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Kissyourpet.com, Inc.'s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Kissyourpet.com, Inc.'s franchise taxes and taxes on Kissyourpet.com, Inc.'s net income. If applicable, a separate charge for taxes will be shown on Kissyourpet.com, Inc.'s invoice.
- Title; Risk of Loss.
Title to products passes from Kissyourpet.com, Inc. to Customer on shipment from Kissyourpet.com, Inc.'s facility. Loss or damage that occurs during shipping by a carrier selected by Kissyourpet.com, Inc. is Kissyourpet.com, Inc.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
- Warranties, Disclaimers.
KISSYOURPET.COM, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
- Return Policies.
Kissyourpet.com, Inc. products that are purchased directly from Kissyourpet.com, Inc. by an end-user Customer may be returned by Customer in accordance with Kissyourpet.com, Inc.'s " GUARANTEE" in effect on the date of the invoice.
Kissyourpet.com, Inc.'s policy is one of on-going product update and revision. Kissyourpet.com, Inc. may revise and discontinue products at any time and are not responsible for typographical errors or misprints. Kissyourpet.com reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
- Limitation of Liability.
KISSYOURPET.COM, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. KISSYOURPET.COM, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Kissyourpet.com, Inc., its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Kissyourpet.com, Inc.") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Kissyourpet.com, Inc.'s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Kissyourpet.com, Inc. The arbitration shall be held in Phoenix, AZ at the office of Kissyourpet.com, Inc., by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
- Applicable Law; Not For Resale.
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Kissyourpet.com, Inc. has separate terms and conditions governing resales.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
By ordering any product from Kissyourpet.com, Inc., whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the Kissyourpet.com, Inc. site.
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