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Acceptance of
Terms:
Welcome to the Best for Your Pet Website (the
"Site"). The following are the basic terms and
conditions that govern your use of and purchase
of products from our Site. Please note that your
use of our Site constitutes your agreement to
follow and be bound by these terms. If you do
not agree to this Website Agreement and Terms
of Use (this "Agreement"), please exit the Site
immediately and do not use or purchase products
from our Site.
Best for Your Pet reserves the right to change
this Agreement or terminate access to this Site
at any time, with or without notice. Your use
of our Site after such a change constitutes acceptance
of the most current version of this Agreement.
Ownership, Copyright,
and Trademark Matters:
This Site is owned and operated by Best for Your
Pet.com, a subsidiary of Doctor's Mutual Service
Company, Inc. Unless stated otherwise, all of
the content contained on the Site (including,
but not limited to, text, images, descriptions
and designs) is the intellectual property of
Doctor's Mutual Service Company, Inc. or its
subsidiaries (collectively hereinafter, "DMSC")
and is intended only for use on our Site. Accordingly,
DMSC owns the copyright in all information or
materials provided here unless stated otherwise.
No material from this Site may be copied, reproduced,
republished, uploaded, posted, transmitted, or
distributed in any manner or form except as explicitly
provided below. Modification of the materials
or use of the materials for any purpose other
than those purposes explicitly permitted below
is a violation of DMSC's copyright and/or other
proprietary rights. The use of any materials
from this Site on any other website or networked
computer environment is prohibited.
The trademarks and service marks ("Trademarks")
used or displayed on this Site are registered
and unregistered Trademarks of DMSC, unless otherwise
noted. Nothing in this Site should be construed
as granting either by implication, estoppel,
or otherwise, any license or right to use any
Trademarks displayed on the site without the
prior express written permission of DMSC or the
trademark owner. The name "Best for Your Pet",
"bestforyourpet.com", "bestforyourpets.com" or
DMSC's logos may not be used in any way without
DMSC's prior written consent. You may not use
DMSC's logos as a "hot" link to any other site
unless the establishment of such a link is approved
by DMSC in advance and in writing.
Users of this Site are permitted to download
one copy of the information in this Site for
personal, noncommercial use. This limited, revocable
privilege to use the content in no way constitutes
a transfer of title or right to use the content
in any improper way or for any commercial purpose
whatsoever. You may not, under any circumstances,
(a) modify the information on this Site or use
it for any commercial purpose, or any public
display, performance, sale or rental; (b) decompile,
reverse engineer, or disassemble the information;
(c) remove any copyright, trademark registration,
or other proprietary notices from the information;
or (d) transfer the information to another person.
Content:
Any materials submitted by users of our Site,
including but not limited to e-mail, product
reviews, postcards, discussion submissions, and
traditional mail become the sole property of
DMSC. Users are prohibited from submitting content
to this Site that is, or may be, illegal, threatening,
obscene, harrassing, defamatory or injurious
to third parties. DMSC will not tolerate solicitations,
spamming, chain letters or software viruses on
the Site. In addition, we ask that you not send
us creative ideas, inventions, or similar materials.
Any materials you do provide or submit to the
Site will be the property of DMSC, and DMSC reserves
the right to use any such material submitted
as well as the right not to use that material.
Content submitted by users of the site might
be posted in whole or in part to this Site. DMSC
reserves the right to edit materials presented
by users, but DMSC does not necessarily monitor
or refuse to publish material that may be deemed
objectionable or offensive by certain individuals
or entities.
Product Detail
Description Products are described as accurately
and appropriately as possible in order to ensure
that a customer understands the product they
are ordering.
Color Colors are represented as realistically
as possible, but color variations of product
images or color swatches are outside of the control
of DMSC because software, hardware and Internet
connections can alter the appearance of colors.
If you are unsatisfied with a product your sole
remedy will be to return the product to DMSC.
Your Account
The user is responsible for maintaining the confidentiality
of personal information that could be used in
malicious ways, and the user agrees to accept
all responsibility for all activities performed
using your confidential information. Additionally,
the user is responsible for restricting access
to your computer and not using public computers
to access your account.
The Site only carries products for pets, but
only sells those products to adults with credit
cards. If you are under 18 you may use the Site
only with the approval and active involvement
of a parent or guardian.
Risk of Loss
All items purchased from DMSC are made pursuant
to a shipment contract. This means that the risk
of loss and title for such items pass to you
upon our delivery to the carrier.
Disclaimer and
Limitation of Liability
THE MATERIALS AND INFORMATION YOU FIND ON THIS
SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION,
SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES
OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
This disclaimer applies to any damages or injury
caused by any failure or performance, error,
omission, interruption, deletion, defect, delay
in operation or transmission, computer virus,
act of God, communication line failure, theft
or destruction or unauthorized access to, alteration
of, or use of record, whether for breach of contract,
tortious behavior, negligence, or under any other
cause of action.
You specifically acknowledge that DMSC is not
liable for your defamatory, offensive, infringing
or illegal materials or conduct or that of third
parties, and DMSC reserves the right to remove
such materials from this Site without liability.
Under no circumstances, including, but not limited
to, negligence, shall DMSC be liable for any
special or consequential damages that result
from the use of, or the inability to use, the
materials in this Site, even if Best for Your
Pet or a DMSC authorized representative has been
advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion
of liability or incidental or consequential damages,
so the above limitation or exclusion may not
apply to you. In no event shall Best for Your
Pet's total liability to you for all damages,
losses, and causes of action (whether in contract,
tort, or otherwise) exceed the amount paid by
you, if any, for accessing this Site.
Applicable Law;
Contract Interpretation
DMSC's principal place of business is in California,
and DMSC operates this Site from its offices
in California. The laws of the State of California
apply to this Agreement, without regard to conflicts
of laws principles. If any provision of this
Agreement is ruled to be unlawful, void, or otherwise
unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect
the validity and enforceability of any remaining
provisions. This is the entire Agreement between
you and DMSC relating to the subject of this
Site.
Indemnity
You agree to defend, indemnify, and hold harmless
DMSC, its officers, directors, employees, and
agents from and against any claims, actions,
or demands, including without limitation reasonable
legal and accounting fees, arising from your
use of this Site or your breach of the terms
of this Agreement. DMSC shall provide notice
to you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
Dispute Resolution
Any dispute arising with respect to this Agreement
shall be resolved by negotiation between the
parties or, if necessary, by resort to an appropriate
federal or state court located in San Diego,
California. You expressly waive and are estopped
from asserting any right to pursue any claim
against DMSC relating to this Agreement in any
forum or venue located outside of San Diego,
California, in the event of the filing of any
such claim, you stipulate to the transfer of
the filing to any appropriate or available forum
or court in San Diego, California, at DMSC's
sole discretion.
Prices
The prices on the site will not necessarily match
prices in DMSC's catalogs or retail outlets.
The prices on the site are valid only through
Site purchase requests and cannot be modified
over the phone or through reference to prior
catalog pricing. In the case of Specials monthly
promotions, the price is valid only for the term
of the promotion stated in the header of the
page.
Labeling
DMSC from time to time obtains item photographs,
nutritional information and ingredients from
manufacturers. This sometimes includes taking
the information directly from the items themselves,
or from the label or packaging of the items.
We do not investigate to determine if the information
is accurate nor can we provide assurance that
all data entry was done without error. If manufacturers
change ingredients or nutritional information
or other specifications, we cannot assure you
that we will update the information on this Site.
Accordingly, the information displayed on the
Site is not guaranteed to be 100% accurate and
the actual item should be considered the authoritative
source of all information with respect to the
item.
The products and the claims made about specific
products on or through this Site have not been
evaluated by DMSC or the United States Food and
Drug Administration and are not approved to diagnose,
treat, cure or prevent disease. All products
on this Site are intended for use with animals
only. The information on this site is for informational
purposes only and is not intended as a substitute
for advice from your veterinarian, or other healthcare
professional, in addition to any warnings or
other information contained on or in any product
label or packaging. You should not use the information
on this site for diagnosis or treatment of any
health problem or for prescription of any medication
or other treatment. You should always speak with
your veterinarian or other healthcare professional
before giving any medication or nutritional,
herbal or homeopathic supplement, before starting
any diet or exercise program or before adopting
any treatment for a health problem, or a suspected
health problem of any kind.
Other Sites
The Site may provide links to other sites (i.e.
informational, advertisers, affiliate partners,
strategic partners or others). We are not responsible
for examining or evaluating, and we do not warrant
the products or offerings of, any of these businesses
or individuals or the accuracy or content of
their Web sites. DMSC does not assume any responsibility
or liability for the actions, product, and content
of any such sites. Before you use any site you
should review the applicable conditions of use
and policies. The inclusion of a link in this
Site does not imply DMSC's endorsement of the
site. If you decide to access linked third-party
websites, you do so at your own risk.
Privacy
Policy
DMSC collects the following information from
customers that order from the site: name, shipping
address, billing address, e-mail address and
telephone number. This information is collected
in order to fulfill orders placed online. NO
CREDIT CARD INFORMATION IS COLLECTED ONLINE.
Each customer is contacted directly to obtain
that information over the telephone. This information
might also be used to send customers information
about products and services offered on the Site
or by the company. This information may be sent
via e-mail or the postal service. DMSC NEVER
provides this information to any other companies.
If a user receives offers from DMSC (i.e. e-mail,
catalogs, special offers etc…) and determines
that he/she does not want to receive these offers
in the future the user has many ways of "opting
out". If the solicitation comes in the form of
e-mail the e-mail will always have an opt-out
link. Otherwise, the user is encouraged to contact
DMSC Customer Relations using the most current
toll-free number to request to be removed from
catalog solicitations.
Security of
Personal Information/ Credit Card Information
Providing a secure site is essential for your
peace of mind and trust in DMSC. We safeguard
all of the information you send to us by formally
preventing such information from ever being transmitted
in an online medium (shopping cart, e-mail, etc.).
There is no risk of online fraud because the
numbers are never transmitted or stored as text.
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