Terms of Service
Last Updated: January 2024
These Terms of Service (“Terms”) are a legal agreement between you and PetSnowy and govern your use of this Website either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to this Website are subject to your compliance with these Terms, so please read them carefully before using this Website. PetSnowy reserves the right to limit or terminate your access to this Website or terminate or suspend your registration for failure to comply with the terms and policies posted on this Website, including these Terms, or for any reason at any time.
This Website(https://www.petsnowy.com/, “Website”) is operated by PetSnowy Co. , a California corporation for and on behalf of itself and other affiliated entities (collectively “PetSnowy,” “we,” “us,” or “our”) .
By visiting our Website and/or purchasing something from us through our Website, you engage in our “Service” and agree to be bound by the Terms. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. You understand, acknowledge, and agree that these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, form our entire agreement with you regarding your use of the Website and the Service.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PETSNOWY.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ELIGIBILITY
If you are under the age of majority in your state or province of residence, you may only use and/or access the Website with the authorization of a parent or legal guardian who agrees to be bound by these Terms. By using and/or accessing the Website, you represent and warrant that you are at least the age of majority in your state or province of residence(or that you are under the age of majority and your use of and/or access to the Website has been approved by your parent or legal guardian). You hereby represent and warrant that you have the full power and authority to enter into and perform under the Terms. If you are using the Website on behalf of any other individual, you represent and warrant that you are authorized to accept these Terms on such individual’s behalf.
ACCOUNT
To use certain parts of this Website, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify PetSnowy immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by PetSnowy or any other user of or visitor to this Website due to the use of your user ID, password, or account by another person.
You may not use anyone else’s user ID, password, or account at any time without the express permission and consent of the holder of that user ID, password, or account. PetSnowy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Your submission of personal information through the store is governed by our Privacy Policy.
USE OF OUR SERVICE
In order to make you easily use our services, we will recommend you to visit the website suitable for you according to your IP address.
A breach or violation of any of the Terms will result in an immediate termination of your Service. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
To the extent permitted by law, we are not responsible if information made available on this Website is not accurate, complete or current. Except for product descriptions, the material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. To the extent permitted by law, any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SALES AND PURCHASES
Order and Acceptance
All orders are offers to buy, subject to these Terms of Service, and subject to PetSnowy's acceptance. PetSnowy may confirm that we received your order by sending a confirmation email with an order number and details of the items ordered, but this email is not an acceptance of your order nor a confirmation of our offer to sell. PetSnowy may for any or no reason refuse to accept or may cancel or limit any order, or order quantity, whether or not PetSnowy has sent confirmation that it received your order. PetSnowy will only accept and ship orders paid in full or subject to other payment terms acceptable to PetSnowy, with a valid email address. An order is accepted only when PetSnowy expressly so confirms via email in writing (or when PetSnowy ships the product). If PetSnowy cancels an order after charging, PetSnowy will refund the charged amount.
Products and Prices
All product descriptions, prices, discounts, and offerings are subject to change or discontinuance at any time without notice and in PetSnowy's sole discretion for any reason or no reason. We have made every effort to display our products as accurately as possible. We cannot guarantee that the device on which you view the Services will be accurate and a true reflection of the physical item upon receipt.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and (if applicable) payment information, so that we can complete your transactions and contact you as needed.
Accuracy
We work to ensure the accuracy of the information on the Services, but sometimes such information may be inaccurate and change without notice. PetSnowy undertakes no obligation to update, amend, or clarify information in or on the Services, including, without limitation, pricing information, product descriptions, delivery times, and product availability, except as required by law.
PAYMENTS
All transmissions of payment information through the App or Websites are secured with Internet-standard TLS (also known as HTTPS) encryption. PetSnowy collects your name, address, and payment information to process your transaction. You agree not to use any fraudulent, stolen, or falsified payment information in submitting any order or other transaction to PetSnowy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
To the extent permitted by law, you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. To the extent permitted to law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
THIRD-PARTY SERVICES
We may link to or offer services or products provided by third-parties (“Third-Party Services”) through or in connection with the Website. Your use of Third-Party Services is solely a relationship between you and the applicable Third-Party Service provider and is subject to the terms and conditions of, or your agreement with, such Third-Party Service provider. PetSnowy does not warrant, endorse, or support Third-Party Services and is not responsible or liable for any Third-Party Services or any damages, liabilities, losses, issues or other risks that arise or result from your use of such services. You understand, acknowledge, and agree that access and/or use of any Third-Party Services may be subject to terms and privacy policies that are different from ours, and that we are not responsible for such provisions and expressly disclaim any liability with respect to them.
USER COMMENTS, FEEDBACK, SHARINGAND OTHER SUBMISSIONS
We respect your ideas,suggestions and sharing, but please do not submit, at our request or without a request from us, any ideas, information, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “Comments”) that are confidential or that are owned by any third-party in any form to PetSnowy or any of its Representatives.
If you do submit any Comments in any form or format, you understand, acknowledge, and agree that your submission of such Comments is purely voluntary and that the following terms apply: (a) your Comments (including their content) will automatically become the property of PetSnowy, without any compensation to you; (b) PetSnowy has no obligation to respond to, review or use your Comments; (c) PetSnowy may, at any time, without restriction, edit, copy, implement, distribute, translate and otherwise use in any medium any portion of your comments that you submit to us, without any compensation to you; and (d) PetSnowy has no obligation to keep your Comments confidential.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property rights or these Terms.
You must ensure that your comments do not violate any intellectual property right or proprietary right of any third-party. You further agree that your comments must not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. To the fullest extent permitted by law, we take no responsibility and assume no liability for any comments posted by you or any third-party.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content or any part of a Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or territory regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
TERMINATION
You agree that PetSnowy may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Service or other agreements or guidelines that may be associated with your use of the Website, or for other reasons that may include but are not limited to (a) requests by law enforcement or other government agencies, (b) a request by you to remove your account, (c) discontinuance or material modification of the Website or any service offered on or through the Website, or (d) unexpected technical issues or problems.
In the event this agreement is terminated, the restrictions regarding content or materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Service will survive termination. In the event that you are unsatisfied with the Website or any services that may be provided by PetSnowy, your sole remedy is to terminate this agreement.
If PetSnowy does take any legal action against you as a result of your violation of these Terms of Service, PetSnowy will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to PetSnowy. You agree that PetSnowy will not be liable to you or to any third party for termination of your access to the Website.
MODIFICATIONS AND CHANGES TO TERMS
PetSnowy can modify these Terms of Service at any time, in its sole discretion, without notice to you, and such modifications will be posted here and become effective upon posting online. PetSnowy may provide you with notice of changes by email, but it is not required to do so. You should regularly review these Terms of Service because you will be bound by any changes made, and continued use of PetSnowy's Services or products constitutes agreement to any modified terms.
DISCLAIMERS
TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS. PETSNOWY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. PETSNOWY MAKES NO GUARANTEE THAT: (A) ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, OR ERROR-FREE; AND (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. THE FOREGOING DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS OF DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, INCLUDING NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW INCLUDING AUSTRALIAN CONSUMER LAW. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You shall indemnify, defend, and hold harmless PetSnowy, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions that arise from your wrongful use of this Website in violation of its terms. PetSnowy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim. The foregoing indemnification provision shall not apply to the extent that any claims, demands, damages, costs, or liabilities, are the result of PetSnowy’s own negligence, fraud, willful injury or willful violation of law.
LIMITATION OF LIABILITY
A. SUBJECT TO (B), IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL PETSNOWY OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR REPRESENTATIVES (collectively, “Representatives”)BE LIABLE TO YOU OR YOUR HEIRS OR ESTATE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS, THE WEBSITE OR THE SERVICES, AND EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING. YOUR ACCESS TO AND/OR USE OF THE WEBSITE, THE SERVICE AND/OR ANY PRODUCTS PROCURED USING THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING THEREFROM OR RELATING THERETO, INCLUDING BODILY INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER OR DEVICE MALFUNCTION. IF, FOR ANY REASON, WE ARE FOUND TO BE LIABLE TO YOU, YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED DOLLARS.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (IN SUCH CASES OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THIS LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THE TERMS.
B. IF THERE IS A GUARANTEE OR OTHER PROTECTION IN RELATION TO A GOOD OR SERVICE WE SUPPLY, AND THAT LIABILITY CANNOT BE EXCLUDED BUT CAN BE LIMITED, OUR LIABILITY IS LIMITED TO THE RESUPPLY OF THE RELEVANT GOOD OR SERVICE, OR PAYMENT OF THE COST OF RESUPPLY OF THE RELEVANT GOOD OR SERVICE.
PRIVACY
You understand, acknowledge, and agree that when you use and/or access the Website, PetSnowy may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Website. All personal information we collect through or in connection with the Website is subject to our Privacy Policy, which is incorporated by reference herein. By accessing, using, and/or providing information to or through the Website, you consent to all actions taken by us with respect to your personal information in compliance with our Privacy Policy.
GOVERNING LAW AND DISPUTES
These Terms and your use of this Website will be governed by the laws of the United States and by the laws of the State of California, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Santa Clara County, California; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
NOTICES
PetSnowy may provide notice to you under these Terms of Service by sending a message to the email address provided by you or by posting information to the Services. Notices sent by email will be effective when email sent, and notices provided by posting will be effective upon posting. You must keep your email address up to date.
MISCELLANEOUS
These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent (in our sole discretion), but may be freely assigned by us, upon 10 days’ written notice to you, without your consent or any other restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
No waiver by us of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In these Terms, the words "including" and "include" mean "including, but not limited to" and “or” is not exclusive.
ENTIRE AGREEMENT
The failure of PetSnowy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PetSnowy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
CONTACT INFORMATION
Please forward any questions or concerns about the Terms directly to info@petsnowy.com.