These General Terms and Conditions of Use ("Terms") are entered into by and between you and Pet Mountain. In consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally bound, you and Pet Mountain hereby agree as follows: Your access to and use of the Pet Mountain site is subject to these Terms, as well as any modifications issued by Pet Mountain to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Pet Mountain site.
Among other things, Pet Mountain provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in Pet Mountain in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within Pet Mountain contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
Pet Mountain shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of Pet Mountain. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on Pet Mountain. You are responsible for reviewing PetMountain.com periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Pet Mountain to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Pet Mountain shall be valid or enforceable against Pet Mountain unless expressly agreed to by Pet Mountain in a writing signed by a duly authorized officer of Pet Mountain.
These Terms are effective until terminated by Pet Mountain. Pet Mountain may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Pet Mountain and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Pet Mountain shall also have the right without notice and at any time to terminate Pet Mountain or any portion thereof, or any products or services offered through Pet Mountain, or to terminate any individual's right to access or use Pet Mountain or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of Pet Mountain and your purchase of the items on Pet Mountain.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on Pet Mountain , as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Pet Mountain may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Pet Mountain in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Pet Mountain or by third parties that have licensed their use to Pet Mountain. You may view and use the Content only for your personal information and for shopping and ordering on Pet Mountain, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Pet Mountain does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Pet Mountain , including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Pet Mountain, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including Pet Mountain vendors, do not constitute sponsorship, endorsement, or approval by Pet Mountain of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Pet Mountain , and Pet Mountain is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices / Orders
All prices displayed on Pet Mountain are quoted in U.S. dollars. Pet Mountain may restrict delivery to addresses within the United States and Canada. Pet Mountain will add shipping and handling fees and applicable sales/use tax. Pet Mountain reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on Pet Mountain without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on Pet Mountain do not imply endorsement of that product or service, or constitute a warranty by Pet Mountain. The receipt by you of an order confirmation does not constitute Pet Mountain 's acceptance of an order. Prior to Pet Mountain 's acceptance of an order, verification of information may be required. Pet Mountain reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Pet Mountain, for any reason. Pet Mountain reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Pet Mountain shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Pet Mountain shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to this Site and Content
Pet Mountain MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Pet Mountain SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. Pet Mountain ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF Pet Mountain OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT Pet Mountain OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF Pet Mountain. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Pet Mountain , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Pet Mountain OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Pet Mountain IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your Pet Mountain purchase. If for any reason you are not entirely pleased with a product you purchased on Pet Mountain, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY Pet Mountain ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2004 COMPLIANCE. ACCORDINGLY, Pet Mountain MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Pet Mountain EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON Pet Mountain , INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Pet Mountain , ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON Pet Mountain , EVEN IF Pet Mountain IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Pet Mountain's LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Pet Mountain, Pet Mountain's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Pet Mountain. The foregoing indemnification obligation shall survive termination of these Terms and Pet Mountain and any product or service provided to you arising out of or relating to your use of Pet Mountain.