Terms & Conditions
Last Revision & Effective Date: September 1, 2023
BestPetDaily.com hello@bestpetdaily.com
Welcome to the legal terms and conditions page for our website, www.bestpetdaily.com (the "Site"). Your use of the Site signifies your agreement to abide by these terms and conditions each time you access the Site.
Definitions
The terms "us," "we," and "our" refer to BestPetDaily.com, the proprietor of this Site. A "Visitor" is someone who browses our Site without registering. A "Member" is an individual who has signed up on our Site to access our Services including receiving Newsletters and Promotional Materials. The term "User" collectively denotes either a Visitor or a Member. The term "Product" encompasses all items we sell or distribute.
Our "Content" includes all text, information, graphics, design, and data available through our Site or Services, created either by our Members, Users or us. Content uploaded by our Members, or supplied separately by Users, is specifically referred to as "Member Content."
Acceptance of Agreement
This Agreement is an understanding between you and BestPetDaily.com.
PLEASE READ CAREFULLY: THIS AGREEMENT INCLUDES DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY THAT ARE APPLICABLE TO YOU. FULL ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS ARE REQUIRED WHEN YOU USE, ACCESS, OR BROWSE OUR SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING OUR SITE.
This Agreement represents the complete understanding between you and BestPetDaily.com and supersedes all prior agreements and representations regarding our Site, Services, and their subject matter. Additional terms and conditions may apply when you use certain aspects of our Site and/or Services, which will become part of this Agreement unless stated otherwise.
Privacy Notice
Our Privacy Notice is part of this Agreement and is accessible on this website. Please review our Privacy Notice by following the provided link. Do not use this Site or our Services if you do not agree with all terms of this Agreement, including the BestPetDaily.com Privacy Notice.
Limited License
BestPetDaily.com provides you with a nonexclusive, nontransferable, revocable license to access and use our Site and Services in strict accordance with this Agreement. Use of our Site and Services is solely for internal, personal, non-commercial purposes unless expressly permitted by this Agreement. Any printed or electronic copies of any part of our Site or Services are not permitted to be used in any legal or arbitration proceedings under any circumstances.
Legal Compliance
You agree to adhere to all applicable local, national, and international laws, statutes, ordinances, and regulations regarding your use of our Site, Content, Services, and any software provided therein.
Relationship with You
This Agreement does not create any form of agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and BestPetDaily.com.
Intellectual Property Rights
Our Site may display our service marks or trademarks as well as those of our affiliates or other entities in the form of words, graphics, and logos. Your access to our Site or Services does not grant you any rights or licenses to use our service marks or trademarks without the prior written consent of BestPetDaily.com.
The Content found on our Site and Services, including without limitation the graphics, text, and all other elements, is protected by United States and international copyright laws. Copying, redistributing, using, or publishing any such Content is strictly prohibited. You do not acquire any ownership rights to our Content by using our Site or Services.
Membership Eligibility and Registration
To access our Services, you must register on our Site to become a Member. Membership is non-transferable, non-assignable, and void where prohibited. Our Site and Services are intended for Users who are at least 16 years old. Any access or use of our Site by anyone under 16 is unauthorized, unlicensed, and in breach of these Terms and Conditions. By using our Site and/or Services, you affirm that you are at least 16 years old and agree to all terms and conditions of this Agreement. BestPetDaily.com reserves the right to accept or reject a Member’s registration at our sole discretion.
Upon completing the registration process, you may (now or in the future) receive a password to access our Services. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your password or any other security breach.
Errors, Corrections, and Changes
We do not warrant that our Site will be free of errors, viruses, or other harmful components, nor that we will correct any errors. We do not guarantee that the information on our Site will be accurate, timely, or otherwise reliable.
BestPetDaily.com reserves the right to modify any content, software, and other items used or contained in our Site or Services at any time without notice.
Disclaimer
Content from third parties, Users, Advertisers, Merchants, and Sponsors is published on our Site. BestPetDaily.com does not always have editorial control over such content. The views and information presented by these third parties are solely those of the respective authors and not of BestPetDaily.com. We do not assure the accuracy, completeness, usefulness, or legality of any content provided by these parties.
You understand that we do not manage or guarantee the products or services offered by third-party Merchants. These merchants are solely responsible for order processing, fulfillment, billing, and customer service. We are not involved in transactions between you and Merchants. You agree that any transactions with Merchants are at your own risk and without any warranties from us. All rules, legal documents, and operating procedures of Merchants apply to you while on their sites.
You acknowledge that nothing on our Site constitutes financial, investment, legal, health, pet health or other professional advice. No professional relationship is formed between you and BestPetDaily.com or our Members. You agree not to base any financial, investment, legal, health, pet health or other decisions solely on the content found on our Site or Services.
Warranty Disclaimer
BestPetDaily.com holds no liability for any Content posted on our Website or associated with our Services, regardless of whether it's posted by members of our Website or by BestPetDaily.com. While we establish guidelines for Member conduct and posts, we do not have control over and are not accountable for what Members post, transmit, or share on our Website or Services. This includes any content that may be offensive, inappropriate, obscene, unlawful, or otherwise objectionable. We are not liable for the conduct of any User of our Website or Services, whether online or offline.
There may be occasions when our Website or Services are temporarily unavailable due to maintenance or other reasons. BestPetDaily.com is not responsible for any issues such as errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, thefts, destructions, unauthorized access to, or alterations of Member communications.
Additionally, BestPetDaily.com is not liable for any technical issues or other problems related to telephone networks or services, computer systems, servers or providers, computer or mobile phone equipment, software, or email failures due to technical problems or traffic congestion on the Internet. This includes any injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software, as a result of using or downloading materials in connection with our Website or Services.
Under no circumstances will BestPetDaily.com be responsible for any loss or damage, including personal injury or death, resulting from the use of our Website or Services, or from interactions between Users of our Website or Services, whether online or offline.
Mentions of any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise do not imply or suggest endorsement, sponsorship, or any affiliation with our Website by third parties or by any equipment or programming associated with our Services.
The information, content, and documents from or through our Website are provided "as-is," "as available," and with all faults. All warranties, express or implied, are disclaimed. Our Website and Services may contain bugs, errors, problems, or other limitations.
BestPetDaily.com and our affiliates are not liable for your use of our Website or Services. We cannot guarantee any specific outcomes from the use of our Website or Services, including related software. We do not claim that our content, services, or any software are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Thus, caution should be exercised in downloading any content or software, and industry-recognized software should be used to detect and remove viruses. We disclaim any responsibility for any damages caused by viruses attributed to our content, services, and related software.
You understand and agree that any content and related software obtained through our Website or Services is downloaded or obtained at your own risk, and you will be solely responsible for any damages to your mobile device or computer system, loss of data, or other harm that may result. We and our affiliates are not liable for any indirect, special, incidental, consequential damages, or for loss of business, profits, litigation, or the like. The negation and limitation of damages are fundamental elements of the basis of the agreement between you and BestPetDaily.com.
Our Website and Services are provided with these limitations. No advice or information, whether oral or written, obtained from us through our Website or Services will create any warranty, representation, or guarantee not explicitly stated in this Agreement.
Limitation of Liability
In no event will BestPetDaily.com or its directors, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for lost profits or lost data arising from your use of our Website, Content, Services, or any related software accessed through or downloaded from our Website or Services, even if BestPetDaily.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary herein, BestPetDaily.com's liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid by you to us for the Website and/or Services accessed during the previous month of your membership prior to the event giving rise to liability.
Member Conduct
Members, in some instances, now or in the future, can post their content on our Website through our Services (Member Content). Members and Visitors should be aware that they may encounter content that could be offensive, indecent, or objectionable while using our Website or Service. We do not have control over Member Content and do not guarantee its quality, accuracy, or integrity. BestPetDaily.com is not responsible for monitoring or filtering Member Content. If any Member Content is found to be illegal, BestPetDaily.com will submit all necessary information to the appropriate authorities.
If any Member Content is reported to BestPetDaily.com as being offensive or inappropriate, we may request the Member to retract or modify the questionable content within 24 hours of notification. If the Member fails to comply, BestPetDaily.com has the authority to restrict the Member’s ability to post Member Content or to terminate the Member’s membership without further notice.
We reserve the right to remove any Member Content that violates this Agreement or that is otherwise objectionable at our discretion. Members are responsible for complying with all applicable federal and state laws regarding their content, including copyright and trademark laws. You warrant that you will not use our Services to infringe on the intellectual property rights of others. In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating Members who, in our sole discretion, are deemed to be infringers of others' intellectual property rights.
As a Member, you agree to refrain from utilizing our Services for any activities that include:
Uploading, posting, or transmitting any Member Content that:
Violates any local, state, federal, or international laws.
Infringes on the rights of patents, trademarks, trade secrets, copyrights, or other proprietary rights of any party.
Causes harm, threatens, defames, incites violence or illegal activities, or is vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of privacy, hateful, or discriminatory based on race, ethnicity, or other factors.
Links directly or indirectly to any materials to which you do not have the right to link.
Contains personal information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
Includes software viruses or any other computer code, files, or programs designed to disrupt, damage, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
Involves any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other forms of solicitation.
In the sole judgment of BestPetDaily.com is deemed objectionable or limits or inhibits anyone else's use or enjoyment of our Website or Services, or which could expose BestPetDaily.com, our affiliates, or our Users to any harm or liability of any type.
Using our Content to:
Develop a competing website.
Create compilations or derivative works as defined under United States copyright laws.
Redistribute it in any manner, such as sale, license, lease, rental, subscription, or any other distribution mechanism.
Decompile, disassemble, or reverse engineer our Website, Services, and any related software.
Utilize our Website or Services in a way that violates this Agreement or any local, state, federal, or international laws.
Use of Information
By posting, displaying, transmitting, performing, or distributing information or content (“Member Content”) to our Website, you grant BestPetDaily.com, along with its associates, a license to use the Member Content in business operations. This includes rights to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You acknowledge that you will not receive any compensation for your Member Content and affirm that you possess the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit it.
Unlawful Activity
BestPetDaily.com reserves the right to investigate any violations of this Agreement and to take appropriate actions, such as reporting suspected unlawful activities to law enforcement, regulators, or other third parties. We may disclose your profile, email addresses, usage history, posted materials, IP addresses, and traffic information as necessary.
Linking to Our Website
You are permitted (and we welcome you) to provide links to our Website and Content as long as (a) you do not obscure or remove any portion of our Website by framing or other means, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may occasionally contain links to third-party websites. The inclusion of any website links on our Website does not imply endorsement, guarantee, warrant, or recommendation of the services, information, content, or data of such third-party websites. BestPetDaily.com has no control over the legal documents and privacy practices of third-party websites, and you access them at your own risk. We recommend reviewing the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that when making purchases from us, (i) any payment information you provide is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
Please refer to our refund and return policies detailed here.
Termination of Membership
Your membership is effective until terminated by either you or us. Your rights under these Terms and Conditions will end without notice from us if you fail to adhere to any term of these Terms and Conditions. Upon termination, you must cease representing yourself as a registered Member or Client and destroy any content or information (including all copies) obtained from our Website. Certain provisions of this Agreement, such as copyrights, indemnity, trademarks, limitation of liability, warranties, and jurisdictional issues, will continue after the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold BestPetDaily.com and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
If any part of this Agreement is deemed invalid or unenforceable, that part will be interpreted in line with applicable law, and the remaining parts will remain in full force and effect. This Agreement takes precedence over any conflicting or inconsistent Content. Our failure to enforce any part of this Agreement is not a waiver of our right to enforce it. Our rights under this Agreement will survive any termination of the Agreement.
Changes to Our Terms and Conditions
BestPetDaily.com reserves the right to modify these Terms and Conditions at any time. Changes will be notified by email or in writing and posted on our website, becoming effective 30 days after notification. No unilateral amendment will retroactively alter agreed dispute-resolution provisions of these Terms and Conditions, including arbitration provisions for then-pending disputes, unless explicitly agreed by the parties. Your continued use of our Website, Services, and Products following notification of changes indicates your acceptance of these changes. If you disagree with the changes, you have the option to discontinue using our Website, Services, and Products.