Terms of Use
Terms of Use
Last modified August 17, 2021.
Anderson Pet Holdings LLC, a Washington limited liability company ("Company," "we," “our” or "us") provides access to information through our website accessible at the URL www.andy.pet (the “Site”). We offer this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein (“Terms”).
By visiting the Site and/or purchasing something from us as displayed on the Site (“Product”), you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE.
Any new features or tools which are added to the Site shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1. ACCESS TO AND USE OF OUR SITE
A. User Accounts.
In order to use certain features of the Site, for example to purchase Products, you must register for an account with us (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You promise that any additional information about yourself that you voluntarily provide to us will be true, accurate, complete and current. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
B. General Restrictions on Use.
You may use the Site only for your personal, non-commercial purposes. You further agree not to combine or integrate the Site with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. You agree not to use the Site to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site or servers or networks connected to the Products, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You may not (i) use any high volume, automated, or electronic means to access the Site (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages, without our written consent.
C. Use of Third-Party Sites or Services.
You may be able to access websites, content, applications, products, or services provided by third parties (“Third-Party Sites or Services”) through links that are made available on the Site. For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Sites or Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Sites or Services and that these Terms do not themselves grant you any rights to access, use or purchase any ThirdParty Sites or Services.
D. Ownership.
As between you and us, we and/or our collaborators, creators, vendors and suppliers, as applicable, retain all right, title and interest in and to the Site. We reserve all rights not granted in these Terms. Unless you first obtain prior written consent from us or the appropriate copyright owner (if such copyright owner is not us), you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site. If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. Further, all trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
2. TERMS AND CONDITIONS OF SALE
A. CERTAIN PRODUCT DISCLAIMERS.
WARNING FOR ANY AND ALL PRODUCTS CONTAINING SMALL PARTS: NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM THE USE OR CONSUMPTION OF ANY OF OUR PRODUCTS.
B. Products and Pricing.
All Products, their descriptions, and their prices are subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall promptly issue a credit to your credit card account in the amount of the charge.
C. Orders.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you the shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order); or (b) we not charge your credit card for the cancelled portion of the order.
D. Payment Terms.
Purchases made on our Site are hosted by and processed through Shopify, Inc. Shopify, Inc. provides us with the online e-commerce platform that allows us to sell our Products to you. While you will select and order your Product on our Site, you will be automatically directed to www.shopify.com to enter your payment information and process payment.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees (“Delivery Fees”), and any applicable Taxes (defined below). You will be solely responsible for paying all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product you purchase (“Taxes”) that are not withheld by us. All payments are non-refundable (except as expressly set forth below).
E. Shipping Policy.
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates we provide are estimates. We reserve the right to make deliveries in installments. We will send you an email when your order has shipped. You may review your order and shipping information on your Account.
F. Return Policy.
We guarantee that if you are unhappy with your Product or it arrives damaged, we will issue a refund of the Product Price (excluding shipping costs which are not refundable) in accordance with the following return procedures (“Return Procedures”): All returns must be made within 14 days after the Product shipment date. Please inspect your order upon receipt and contact us immediately if the Product is damaged or if you received the wrong Product, so we can assess and rectify the issue. All returned Products must be unused, in the same condition as when you received them, and in the original packaging. To start a return, please contact us at support@andy.pet. If your return is accepted, we will send you a return shipping label, as well as further instruction on how and where to send your package. All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued. We will notify you once we have received and inspected your return, and let you know whether or not the refund is approved. If approved, you will be automatically refunded in your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.
We do not accept or provide any Product exchanges; the fastest way to ensure you get what you want is to return the Product you received, and once the return is accepted, make a separate purchase for the new Product. We do not accept returns on sale items or gift cards.
G. Promotions.
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
3. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. Limited Warranties.
THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE SITE, AND THE PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH OUR SITE (IF APPLICABLE) IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL YOUR ACCOUNT INFORMATION. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY SITES. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE PROVIDES COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO PROVIDE YOU WITH PRODUCTS AND CONTENT THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, IN OUR DISCRETION WE MAY FILTER OUT LINKS TO CONTENT AGGREGATORS, SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
B. Limitation of Liability.
USE OF SITE AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO US IN THE PRIOR 6 MONTHS HEREUNDER. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
C. Exclusions.
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHER THAN IN THE COURSE OF BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
D. Indemnification.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND US (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, BY THIRD PARTIES RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS OR APPLICABLE LAW.
4. TERM AND TERMINATION
These Terms will become effective and binding when you use the Site, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. You understand that any termination of your Account involves deletion of the information and content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections 1.B, 1.C, 1.D, 2.A, 3, 5, and 6 will survive the termination of these Terms.
5. COPYRIGHT POLICY
We respect the intellectual property of others and ask that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent (below):
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Eric Robinson
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101
Eric.Robinson@stokeslaw.com
MISCELLANEOUS MATTERS
Dispute Resolution and Mandatory Arbitration.
- We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We will contact you based on the contact information you have provided us. Notice to us must be sent to Kristina Birdsong at kristina@andy.pet.
- If after 60 days the parties are unable to resolve any dispute raised under the previous provision, the dispute must be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
- We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS in King County, Washington under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 1-800-352-5267.
- THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration as set forth herein.
- Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court in King County, Washington. Further, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
- No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Section 6.A shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 6.A, to enforce an arbitration award, or to seek injunctive or equitable relief.
- In any circumstances where the foregoing section permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in King County, Washington, for such purpose.
These Terms shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
C. Modifications to Terms.
We may change these Terms and the Site from time to time. Any such changes will become effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new and existing users of our Site. If you object to any such changes, your sole recourse will be to cease using the Site. Continued use of the Site following posting or notice of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. We also reserve the right to discontinue the Site at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site, except and if otherwise expressly set forth in Section 4.
D. General Terms.
You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
