LAST UPDATED 01 JANUARY 2023
THESE TERMS AND CONDITIONS AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR WEBSITE CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH JEWELS FUR PAWS, INC. (“JFP”) AND ANY OF ITS OWNED OR OPERATED WEBSITES WHERE THESE TERMS OF UES ARE POSTED. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEBSITE AND PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED ON JEWELS FUR PAWS. BY ACCESSING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND ABIDE BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE NOR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AS THE USER AND JEWLS FUR PAWS AGREE THAT ANY DISPUTES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND JEWELS FUR PAWS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
When using our website to send emails, text messages, or likewise communications from your desktop or mobile device for communicating with Jewels Fur Paws, you consent to receive communications from us electronically. This includes emails, text messages, push notifications, and messages via our website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
In order to utilize certain features of the website (such as purchasing products and services), you must register an account with Jewels Fur Paws and provide information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the website does not violate any applicable laws, regulations, nor the terms of this agreement.
You are responsible for maintaining the confidentiality of your Jewels Fur Paws account login information. You are fully responsible for all activities that are associated with your account including but not limited to any purchases or correspondences from your account. You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Jewels Fur Paws of any unauthorized use or suspected unauthorized use of your account. When you provide such notice, we will suspend or otherwise secure your account to prevent future unauthorized activity.
The receipt of an order number or email order confirmation does not constitute the acceptance of an order, nor does it serve as a confirmation of an offer to sell. JFP reserves the right, without prior notification, to limit the order quantity on any item and to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the website are subject to change without notice. Any errors will be corrected as discovered, and JFP reserves the right to revoke any stated offer and correct any error, inaccuracy, or omission. JFP reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason at our sole discretion.
Risk of Loss
All items purchased from JFP 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.
While we at Jewels Fur Paws aim to be as accurate as possible, we do not warrant that product descriptions or other content on the website are error-free. If a product offered by Jewels Fur Paws is not as described, your sole remedy is to return the product.
All product list prices represents the suggested retail price of a product as provided by a manufacturer, supplier, or retailers. Certain products may have a previous price displayed, determined using recent price history of the product on jewelsfurpaws.com. Jewels Fur Paws cannot confirm the price of an item until an order is submit. If you use Auto-ship, the price of the order will be set at the time the order is processed. (See Autoship Terms and Conditions for more information.) Despite our best efforts, it is possible that items in our catalog may be mispriced. If the correct price of an items is higher than our stated price, we will at our discretion either contact you for instructions before shipping or cancel our order and notify you of such cancellation. We conduct business throughout the United States and elsewhere, and collect and remit sales tax as required by law.
Permissible Uses of Site
Subject to the terms of this agreement, JFP grants a limited, non-transferable, non-exclusive, license to access and make personal use of the website. This license does not include the right to access or use the website for any of the restricted purposes set forth. Jewels Fur Paws may terminate this license at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the website to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website, its products, or its content without the express written consent of JFP; (c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the website; (d) you shall not access the website in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content of the website without express written consent.
JFP reserves the right to at any time modify, suspend, or discontinue the website or any part thereof with or without notice. You agree that JFP will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or any part thereof.
Intellectual Property Rights
The Site contains trademarks and service marks owned and used by Jewels Fur Paws, including but not limited to the JFP design logo, the tag line, and the arrangement and layout of the website. Jewels Fur Paws, images and graphics, and other content or material (collectively the “Site Content”) are the sole and exclusive property of JFP. Unauthorized copying, reproduction, modifying, republishing, uploading, downloading, posting, transmitting, making derivative works of or duplicating all or any part of the site is prohibited.
JFP uses a network of independent product and content suppliers, distributors, and other such third parties to supply some of the products and content advertised on the website. All other trademarks, service marks, product names, package designs and company names or logos associated with these products, and other such third parties, that are not owned by us but appear on the website are the property of their respective owners.
JFP and its independent contractors offer information, articles, and advice to pet parents through this site for educational purposes only. Any information offered through this website is not intended to diagnose, treat, nor cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For medical or health related advice concerning the care and treatment of your pet, contact your regulator veterinarian or local animal hospital.
User Content means any and all information and content that such user submits to Jewels Fur Paws by any means, or uses with the website. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the website as described herein and (b) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Jewels Fur Paws. You alone are responsible for your User Content (and not Jewels Fur Paws), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Jewels Fur Paws is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Jewels Fur Paws may delete User Content at any time.
By submitting your User Content or using it with the website you grant and warrant that you have the right to grant to Jewels Fur Paws an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the website, Jewels Fur Paws social media platforms or marketing initiatives. You agree to irrevocably waive any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
JFP will treat any feedback, communications, or suggestions you provide to Jewels Fur Paws as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Jewels Fur Paws to the contrary, you agree that you will not submit to Jewels Fur Paws any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You agree not to use the JFP to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
You agree not to use the website to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the website or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the website, other computer systems or networks connected to or used together with the website, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the website.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and take appropriate action, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this agreement including removing or modifying your User Content, terminating your Jewels Fur Paws Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Jewels Fur Paws Account username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
JFP may contain links to, or advertisements for, third party web sites. Such Third Party Sites are not under the control of Jewels Fur Paws, and we are not responsible for any Third Party Sites. Jewels Fur Paws provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
Each user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users are solely between you and such user. You agree that Jewels Fur Paws will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other users or Third Party Sites.
Disclaimer of Warranties
Jewels Fur Paws intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “as is” and “as available.” You expressly agree that your use of the Site and any information contained therein is at your sole risk. Neither Jewels Fur Paws nor its third parties warrant the accuracy, or completeness of the content provided on this site or the products or services offered for sale on this site. We cannot and do not warrant that your use of this site will be uninterrupted, secure, or error free. Accordingly, to the extent permitted by applicable law, Jewels Fur Paws expressly disclaims all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
In no event shall Jewels Fur Paws, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us, or any independent contractors, including veterinarians, be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in any way related to your relationship with Jewels Fur Paws, your use of the website, products, or third party sites, or your interaction with or reliance on any advice from any such person ort entity even if we have been advised of the possibility of such damages. Access to, and use of, the website, products and third party sites and any interactions with or reliance on advice from any such person or entity are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or in any way related to your relationship with Jewels Fur Paws, any interactions with or reliance on advice from any such person or entity, or this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (A) fifty US dollars ($50.00) or (B) amounts you have paid Jewels Fur Paws in the prior 12 months. We agree that any claim between us must be brought within two (2) years.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to indemnify and hold Jewels Fur Paws, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, independent contractors, including veterinarians, and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Products, (b) your User Content, (c) your violation of this Agreement, or (d) your interaction with such independent contractors or reliance on any advice provided by them. Jewels Fur Paws reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Jewels Fur Paws. Jewels Fur Paws will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Except for a claim that may be brought in small claims court, you and Jewels Fur Paws agree to give up any rights to litigate claims in a court or before a jury to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as discovery, also may be unavailable or limited in arbitration.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Jewels Fur Paws will provide such notice by e-mail to your e-mail address on file with Jewels Fur Paws and you must provide such notice by e-mail to firstname.lastname@example.org. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This provision is a precondition to any arbitration demand.
Jewels Fur Paws and you agree that any covered dispute hereunder will be submitted to arbitration on an individual basis only. Neither Jewels Fur Paws nor you are entitled to arbitrate any covered dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if Jewels Fur Paws makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to Jewels Fur Paws. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Jewels Fur Paws Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Jewels Fur Paws Account and right to access and use the Site will terminate immediately. You understand that any termination of your Jewels Fur Paws Account may involve deletion of any User Content you may have posted. Jewels Fur Paws will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Jewels Fur Paws Account or deletion of your User Content.
Respect for Copyright Law
Jewels Fur Paws respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Jewels Fur Paws’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. Â§ 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Jewels Fur Paws’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.