TERMS AND CONDITIONS

TERMS AND CONDITIONS

The following Terms and Conditions apply to the use of this web site, as well as all transactions conducted on or through this site.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable laws. By using this site, you agree to and accept these terms and conditions, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below, so please be sure to read the following carefully. If you do not agree to these terms and conditions, please do not use this site.

Prices and Taxes

Prices listed on this web site for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the provision of products or services.

Promotion and Coupon Codes

Multiple coupon codes cannot be used simultaneously — one code per purchase allowed. When buying bulk volume through the website for special tiered discounts (i.e., wholesale), no coupon code can be used. Coupon codes valid for retail customers only.

Shipping & Delivery

LivePet Manufacturing, (referred to in these Terms and Conditions as “LivePet,” or sometimes “we” or “us”), generally ships items within one or two business days of our receipt and acceptance of an order. If there is a delay affecting our ability to ship generally, we will attempt to conspicuously post that fact on this site. We fill domestic orders using United States Postal Service Priority Mail, which generally results in delivery within two to three days. Requests for use of a courier service or for overnight shipping cannot be processed on this web site; however, we generally can accommodate these requests if you place your order by phone. LivePet requires a signature for all orders with a value of $500 or more.

Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. LivePet is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including without limitation laws, rules, regulations or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions and any other acts of God.

Unless otherwise noted on this web site, delivery of products is FAS (Incoterms (2000), the international rules for the interpretation of trade terms of the International Chamber of Commerce) LivePet’s facility where the products you order are located at the time of shipment. This means that you will be charged for the cost of shipping, and title and risk of loss will pass to you upon LivePet’s delivery of the products you order to the U.S. postal service or courier service.

International Sales

LivePet ships worldwide. All international sales are subject to all applicable U.S. and foreign export controls (including, without limitation, the Export Administration Act of 1979, the Export Administration Regulations promulgated thereunder, the U.S. Arms Export Control Act and the International Traffic in Arms Regulations), and by placing an order through this website, you affirm that you will comply with all such applicable export controls and regulations.

You will be the importer or exporter of record and are responsible for all required licenses, permits and authorizations. Customs and import duties may apply to international sales. Those charges are the responsibility of the recipient of your order and vary from country to country. It is your responsibility to check with the appropriate authorities to verify whether the country to which you are having products delivered permits the importation of those products, and whether customs or import duties or similar charges will apply. LivePet is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Return Policy

LivePet accepts returns and offers a full refund, no questions asked, if the product is returned and received by LivePet within fourteen (14) days after it was delivered to the destination you specified as long as the item(s) returned is/are unopened and it is your first order with us. Unless you return products within the fourteen day period specified above, you conclusively will be deemed to have accepted the products in full. Customers are responsible for the shipping cost of returning items to LivePet.

Lost Packages

If a package is lost after we ship it, which does occasionally occur, LivePet will not be responsible if the tracking information lists the order as “delivered,” which means USPS or the courier service delivered the product to the address specified. If the package is sent to an address other than the one you specified, upon return of the original package to LivePet, LivePet will reship the order. Please note that LivePet is not responsible for errors of USPS or courier services, or if you provide or confirm an incorrect address. It therefore is very important that you ensure that the address you give to us is exactly correct, as any mistake could delay delivery and will entail extra expense to you. If you place an order by phone, we will read the delivery address (and other information you provide) aloud and repeat it to you, to help you be sure it is correct.

Website Health and Medical Disclaimer

This website contains general information about diet, health and nutrition. The information is not advice, and should not be treated as such. The general information on this website is provided “as is” without any representations or warranties, express or implied. LivePet makes no representations or warranties in relation to the medical information on this website. You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Always consult with your physician before using any LivePet products. Our products are nicotine-free, however they are not intended for use if you are not of legal smoking age. This product has not been clinically tested on humans. Keep products away from children and pets. Do not use if you are pregnant or nursing. LivePet is not responsible for the misuse of our products.

Food and Drug Administration (FDA) Disclosure

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

This product has not been clinically tested on humans.

Warranty Disclaimer

This site and, except as provided in the following sentence, the materials and products offered on this site are provided “as is” and without warranties of any kind, whether express or implied. LivePet warrants that all LivePet products purchased on this site, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.

LIVEPET MAKES NO WARRANTY WITH RESPECT TO PRODUCTS, SERVICES OR THIS WEB SITE THAT IS NOT SET FORTH IN WRITING IN THESE TERMS AND CONDITIONS, AND SPECIFICALLY DISCLAIMS AND EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED ARE EXCLUSIVE, AND LIVEPET EXPRESSLY AND SPECIFICALLY DISCLAIMS, AND CUSTOMER IRREVOCABLY WAIVES, THE RIGHT TO SEEK, ALL OTHER REMEDIES.

LivePet does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

LivePet does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.

Limitation of Liability

IN NO EVENT SHALL LIVEPET BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, PROFITS, VALUE OR USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, OR PUNITIVE OR EXEMPLARY DAMAGES. NO PERSON IS AUTHORIZED ON BEHALF OF LIVEPET TO GIVE ANY OTHER REPRESENTATIONS, OR TO MODIFY OR EXTEND THE LIMITED WARRANTIES PROVIDED ON THIS WEBSITE, OR TO ASSUME ANY OTHER LIABILITY IN CONNECTION WITH THIS WEBSITE OR THE PRODUCTS OFFERED FOR SALE BY LIVEPET. LIVEPET’S TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, WARRANTY OR TORT (EXCLUDING WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) WILL NOT EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE WHICH GIVES RISE TO SUCH CLAIM.

LivePet shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.

Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will LivePet’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.

Typographical and Inadvertent Errors

In the event that a LivePet product is mistakenly listed at an incorrect price, LivePet reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, LivePet shall issue a credit to your credit card account in the amount of the incorrect price charged to you.

Copyright

The entire content of this site, including but not limited to text, graphics and code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of LivePet. The collective work includes works that are licensed to LivePet. Copyright 2017, LivePet. All rights reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with LivePet or purchasing LivePet products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with LivePet or to purchase LivePet products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by LivePet. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of LivePet used in the site are trademarks or registered trademarks of LivePet.

Notice

LivePet may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to LivePet, or by any other method reasonably believed by LivePet to be reliable.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LivePet, without prior notice, at any time for any reason. The provisions relating to Legal Notice, Website Health and Medical Disclaimer, Warranty Disclaimer, Limitation of Liability, Copyrights, Trademark, Governing Law/Jurisdiction, and Indemnification shall survive any termination.

Governing Law; Jurisdiction

Your use of this site shall be governed in all respects by the laws of the state of Oklahoma, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of LivePet products) shall be exclusively in the state and federal courts located in Oklahoma, and you waive any right to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of LivePet products) must be commenced within one (1) year after the claim or cause of action accrues. LivePet’s failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LivePet, or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

LivePet does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, LivePet, is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, LivePet, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to LivePet, in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless LivePet, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

Third-Party Links

Your use of linked sites and third-party services and resources is at your own risk. In an attempt to provide increased value to our visitors, LivePet, may link to sites operated by third parties. However, these linked sites are provided solely for your convenience, and you enter them at your own risk. LivePet, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of LivePet. Nonetheless, LivePet, seeks to protect the integrity of its web site, and therefore requests any feedback on sites to which it links, including if a specific link does not work.

 

 

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