TERMS OF USE AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THIS TERMS OF USE AGREEMENT.
These terms and conditions are an agreement (“Agreement”) between you and CanvasPet.com regarding your use of the information, products and services contained in or available through the CanvasPet.com website. The CanvasPet.com website is comprised of various web pages operated by CanvasPet.com. The CanvasPet.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of CanvasPet.com website constitutes your agreement to all such terms, conditions, and notices.
CanvasPet.com, its parent and affiliates ("We" or "Us") permit you to use this site, subject to the following Agreement, which we may update from time to time without notice to you. Please check the Agreement periodically for changes. By using this site after changes have been made to the Agreement, you agree to the changes. If you use any of our recommended merchandise or vendors, you will also be subject to the terms and conditions that apply to such merchandise or vendors. “User(s)” or “Customer(s)” shall mean any and all persons, entities and others who view or utilize any portion of this site or any affiliate site, and any agents or assigns.
RELATIONSHIPS WITH OTHER COMPANIES CanvasPet.com is a wholly owned subsidiary of CanvasCook, a California Online Retail company. This Agreement applies equally to both entities and their respective websites, their postings and their internal links to the other, to the extent that any may exist.
LINKS AND CONTENT
We sell pet food and care products manufactured by third-party companies. We also provide some direct and/or indirect services associated with pet care.
This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that We are affiliated or associated with, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
We, or third parties, may produce automated search results or otherwise provide links to other World Wide Web sites or resources. We may also provide the opportunity for third parties to submit, post, transmit or otherwise make available information, data, text, photographs, sound, graphics, video, messages, reviews or other materials ("Content") though this site. Because we either do not review and/or have no control over such sites, resources, and Content, you acknowledge and agree that we are not responsible for any Content, nor for the availability of such sites, and resources, and that we do not endorse and are not responsible nor liable for any such sites or resources, nor for any Content contained therein, and you understand that all Content is the sole responsibility of the person from whom such Content originated. You further acknowledge and agree that we are not responsible or liable, directly nor indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, site or resource.
CanvasPet.com is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site, or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
PROHIBITED USES You agree not to use this site or its Content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to use this site or its Content for any commercial purposes. You agree not to crawl, spider, scrape, or otherwise deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with this site, unless you a) uniquely identify your technology by means of the user-agent field in every request header, b) provide a clear point of contact for the operation of those systems and c) follow standard robots.txt and other standard crawler-management policies. You agree that we can, at our sole discretion, prohibit such automated activities.
MODIFICATION OF THIS AGREEMENT & WEBSITE.
CanvasPet.com reserves the right to change this Agreement under which CanvasPet.com is offered, including but not limited to any charges associated with the use of the CanvasPet.com website.
We reserve the right to modify or discontinue the website without notice. Users agree to assume the risks, if any, which may or may not be associated with such modification, suspension or discontinuance and this is hereby a foreseeable risk.
DISCLAIMERS OF WARRANTIES YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
CanvasPet.com has prepared the content of this website responsibly and carefully, but disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website or on other linked websites or on any subsequent links. This includes but is not limited to:
Any implied warranties of merchantability and fitness for a particular purpose, and against infringement. Services and content on this site are provided on an “as is” and “as available” basis. We hereby expressly disclaim all warranties.
Any liability for damage to your computer hardware, data, information, materials and business resulting from the information or the lack of information available. Any material downloaded or otherwise obtained through the use of our website 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 results from the download of any material or linked material from our site.
Any errors, omissions, or inaccuracies in the information.
Any decision made or action taken or not taken in reliance upon the information. CanvasPet.com makes no warranty as to the content, accuracy, or completeness of the information or that the information may be relied upon for any reason and bears no responsibility for the accuracy, content or legality of any linked site or for that of any subsequent links. CanvasPet.com makes no warranty that the website service will be uninterrupted or error free or that any defects can be corrected.
We do not claim responsibility for anything unrelated specifically to the price of any product or service.
CanvasPet.com makes no representation that the Content and products endorsed on or through this site will make your pet(s) healthier in any way. We only represent the fact that the Content and products endorsed herein have been used by and were good for our dogs.
CanvasPet.com shall not be liable for any losses or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on, the information in this website or any parent or subsidiary websites, or from the use of the Internet generally. Any links to other websites do not constitute an endorsement or approval by CanvasPet.com of any products, services, policies or opinions of the organization or individual.
We make no warranty that the functions of and services provided in this site will be uninterrupted, secure or error-free, or that defects will be corrected, or that the site or server that makes the services available are free of viruses or other harmful components.
We make no warranty regarding the accuracy, veracity, integrity or quality of the Content, sites or resources made available on or from this site, including but not limited to any warranty that such content, sites or resources will be free of material that is offensive, indecent, or objectionable.
In no event will We be liable for any direct, indirect, consequential, incidental, special or exemplary damages for any use of this site, or use of any other linked site, even if We are advised of the possibility of such damages. Your sole remedy is to discontinue use of this site.
The user of this website expressly assumes all foreseeable and reasonably unforeseeable risks associated with the use of this website, including but not limited to retrieval of information, purchase of products, and linking to other websites. To the extent that any liability of any kind associated with the use of the CanvasPet.com website and any information or products associated therewith ensues or is possible, the user agrees to assume the risk of such injuries or losses, and release Us and our attorney(ies) from any such potential or actual liability for the same. This assumption of the risk and release of liability also includes but is not limited to disputes between users of the website or parent website.
We are not responsible for nor do We endorse the postings of other users of CanvasPet.com or its parent company CanvasPet. These postings are simply our users utilizing free speech. To the extent that the postings are offensive, or border or cross the line into unprotected speech, or are just unpleasant, the user agrees by using the site that his/her/its only recourse is to stop using the site(s).
PAYMENTS AND APPLICABLE STATE TAXES Customers and users will be charged for and shall be responsible for any purchases and charges made to them through their use of this or any affiliate website. Users and customers will be responsible to pay applicable state taxes.
SATISFACTION GUARANTEED If user or customer is unsatisfied with a product, we will refund the full purchase price, minus the applicable shipping and handling costs.
PRIVACY Your privacy is important to us. We will not sell your information. All information gathered by us from you in connection with your use of this site will be used by CanvasPet.com for sending information related to our website, or our parent or subsidiary websites and businesses. We do not control nor are we responsible for the privacy practices of sites to which we link and, therefore, you agree to read the privacy policies of those sites.
INDEMNITY You agree to indemnify and hold CanvasPet.com and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your use of the site; Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another.
GENERAL INFORMATION This Agreement constitutes the entire agreement between you and Us with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and Us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. This Agreement and the relationship between you and Us will be governed by the laws of the State of California without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California, for any dispute arising under or relating to the subject matter of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of this Agreement will remain in full force and effect.
ARBITRATION Any controversy or dispute between any of the parties to this agreement arising out of any of the terms, provisions, or conditions of this agreement shall be submitted to arbitration in Orange County, California, or another location agreed to by the parties. The arbitration shall be heard before a retired judge or an attorney. The arbitration shall be conducted through ADR Services, Inc. ("ADR Services"). If the parties cannot agree to an arbitrator, ADR Services shall be empowered to make the selection. The arbitration shall be held before a single arbitrator and shall be binding with no right of appeal.
The arbitration shall be conducted pursuant to the ADR Services Standard Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) days. If no response is filed, all the allegations of the demand shall be deemed denied.
The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator. The costs of the arbitration, including the arbitrator's fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.
CONTACT US: We may be contacted as follows: 30025 Alicia Pkwy. #124, Laguna Niguel, CA 92677; Telephone: (949) 328-6821; and through our Mailbox page.
VIOLATIONS OF TERMS OF USE AGREEMENT & COPYRIGHT We request that all users please report any perceived or actual violations of the Agreement or Copyright issues to Us via our Mailbox page.
NOTICES We may post notices from time to time through our web management staff. Such notices will not and are not intended to be posted at any regular interval.
ASSIGNMENTS We reserve the right to assign, transfer, delegate or sublicense rights without restrictions.
LAST UPDATE This Agreement was last updated on December 4, 2011.