Terms and Conditions

Terms and Conditions

Welcome to DogFoodCity.com. This Website is owned and operated by DogFoodCity, Inc. ("DogFoodCity" or "We" or "Us"). By accessing and using any of the Websites, you agree to each of the terms and conditions set forth herein ("Terms of Use"). These Terms of Use, together with applicable additional terms and conditions referenced below, are referred to as this "Agreement."


Eligibility

These Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using any of the Websites, you represent and warrant that you are of legal age to form a binding contract with Us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

 

Changes to the Terms of Use

We may revise and update these Terms of Use, including the additional terms that are linked to from this page, from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

Online Purchases and Other Terms and Conditions

All purchases through the Websites or other transactions for the sale of goods, services or information formed through the Websites or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions, which may be linked to within these Terms of Use, may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. The capitalized words we use in these additional terms and conditions, as well as the Privacy Policy and other policies, that are not otherwise defined have the meaning ascribed to them in these Terms of Use.
Prices and product availability are subject to change without notice. All specials and promotions limited to stock on hand.

 

Information About You and Your Visits to the Website

All information we collect on these Websites is subject to our Privacy Policy. By using any of the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Intellectual Property

You should assume that everything you see or read on the Websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Websites without the written permission of DogFoodCity. DogFoodCity neither warrants nor represents that your use of materials displayed on the Websites will not infringe rights of third parties not owned by or affiliated with DogFoodCity. However, we take violations of copyright seriously. Please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of DogFoodCity to terminate the user accounts of repeat infringers.
All other product names contained in these Websites may be trademarks or registered trademarks of their respective owners. Images of people or places on these Websites are the property of or used with permission by DogFoodCity or its vendors and suppliers. The use or misuse of those trademarks and images except as expressly authorized is prohibited.

 

Content License and Intellectual Property Rights

You retain any and all intellectual property rights you already hold under applicable law in content you upload, publish, and submit to or through the Websites, subject to the rights, licenses and other terms of this Agreement.
In connection with content you upload, publish or submit to any part of the Websites or in connection with its services, you affirm, represent, and warrant that you own or have all necessary rights, licenses, consents, and permissions to use and authorize us to use the content in the manner contemplated by this Agreement. Do not upload any content to which you do not have these rights.
Because the law may or may not recognize certain intellectual property rights in any particular content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any intellectual property rights you hold, and that we cannot do so on your behalf.
You grant certain content licenses to us by submitting your content on the Websites. You agree that by uploading, publishing, or submitting any content to or through the Websites you hereby automatically grant us a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the contact for the purposes of providing and promoting the Websites and our services.
You understand that this license enables us to display, distribute, promote, and improve the Websites and our services. You agree that the license includes the right to copy, analyze and use any of your content as we may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the service and future improvements to the Websites and our services.

 

Use of Bulletin Board, Chat Room, and Other Communication Forums

The Websites may contain bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
c. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
e. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
f. Falsify the origin or source of software or other material contained in a file that is uploaded.
g. Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
h. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
i. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
j. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
k. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. We reserve the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. We reserve the right to deny in its sole discretion any user access to the Websites or any portion thereof without notice.

 

Reliance on Information Posted

The material contained in the Websites has been checked for accuracy; however, the Websites may contain typographical errors or other errors or inaccuracies and may not be complete or current. DogFoodCity therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Websites at any time without prior notice. DogFoodCity does not guarantee that any errors, inaccuracies or omissions will be corrected and does not assume responsibility for any errors or omissions in the content.

 

Changes to the Website

We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

 

Links to Third-Party Websites

The Websites have links and/or information related to other third-parties as a value-added convenience to our customers. These links do not constitute or imply an endorsement, sponsorship, or recommendation by DogFoodCity of any third party, their websites, or the information presented by those third parties. DogFoodCity will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of such information or services. You are solely responsible for your dealings with such third parties. If you use the links to the websites of DogFoodCity affiliates or service providers, you will leave the Websites, and will be subject to the terms of use and Privacy Policy applicable to those websites.

 

Linking to this Website

You may not connect "deep links" to the Websites, i.e., create links to this site that bypass the home page or other parts of the Website in a manner that or for the purpose of diminishing the performance or searchability of the Websites. We reserve the right to block any disruptive deep links to the Websites. You may not mirror or frame the home page or any other pages of the Websites on any other web site or web page without DogFoodCity’s authorization.

 

Downloading Files

DogFoodCity cannot and does not guarantee or warrant that files available for downloading through the Websites will be free of infection by software viruses or other harmful computer code, files or programs.


Software

Any software available for download via the Websites is the copyrighted work of DogFoodCity and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Promotions


From time to time the DogFoodCity may offer you the ability to enter sweepstakes, contests, and various other promotions. These promotions are governed by an additional set of rules and terms and conditions.

Disclaimer of Warranties


NEITHER DogFoodCity NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITES OR THE CONTENT ON THEM. DogFoodCity AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITES AND, THE CONTENT ON THEM. DogFoodCity AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED. THE WEBSITES AND THE CONTENT ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation of Liability
IN NO EVENT WILL DogFoodCity OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITES, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE WEBSITES, THE CONTENT ON THEM OR PRODUCTS OR SERVICES PURCHASED THROUGH DogFoodCity OR ITS AFFILIATES OR PARTNERS, EVEN IF DogFoodCity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITES, THE CONTENT THEM, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES. DogFoodCity MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, NEITHER DogFoodCity NOR ITS AFFILIATES DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

Your Conduct


You agree to use the Websites only for lawful purposes. You agree not to take any action that might compromise the security of the Websites, render the Websites inaccessible to others or otherwise cause damage to the Websites or the content on them. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Websites in any manner that might interfere with the rights of third parties.

 

DogFoodCity Does Not Provide Medical Advice

The information that you obtain or receive from DogFoodCity is for informational and scheduling purposes only. The information provided on the Websites and in any other communications from or provided through Websites is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical advice for your pet from a qualified health care professional because of something you may have read on the Websites. DogFoodCity does not recommend or endorse any specific veterinarian. If you rely on any of the information provided by the Websites, you do so solely at your own risk.
Provider Relationships and Lists
In connection with using the Websites and related services to locate and schedule appointments with veterinarians, you understand that you are ultimately responsible for choosing your own veterinarians to provide services to your pet. DogFoodCity selects veterinarians to be listed on the Websites pursuant to a contractual agreement with the veterinarians. In addition to signing a contract, veterinarians may also pay a fee to DogFoodCity in order to appear on the Websites.

 

Dispute Resolution/ Choice of Law

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department by email at customerservice@DogFoodCity.com, or call us at (800) 844-1427. In the unlikely event that Our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and we each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and we further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be entitled to in court.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
This Agreement is governed by the laws of the State of New York. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

 

General Provisions

This Agreement, including these Terms and Conditions, the Privacy Policy, the Plan Terms, the Terms of Sale, as applicable, constitute the entire agreement between you and Us with respect to the Websites, and our services. No waiver by DogFoodCity of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


Contact Us

If you have any questions or suggestions, please contact us at service@DogFoodCity.com.


Last Updated: August 24, 2017