Terms of Use

Last updated: September 17, 2021

This Website, including any Sub-Domains and associated web-based and mobile applications (collectively, the "Website" or "Site") and related services are provided subject to Your compliance with the the Terms and Conditions set forth below. Please read the following information carefully. By using the Website, You agree to these Terms of Use. If You do not agree, do not use this Website. These Terms of Use, along with our Privacy Policy, and other posted guidelines within our Website (collectively “Legal Terms”) constitute the entire and only agreement between You and Kimberly's Kritter Care LLC, as the Owner of the Website, and it's affiliates and subsidiaries (collectively, "The Company", "We", "Us, or "Our") and supersede all other agreements, representations, warranties, and understandings with respect to our Site and the subject matter contained herein.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms of Use:​

  • Country refers to: United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kimberly's Kritter Care LLC.

  • Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.

  • Website or Site refers to the Kimberly's Kritter Care Website, accessible from https://www.kimberlyskrittercare.com.

  • Terms of Use (also referred to as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Website.

  • Third-party Social Media Service (also referred to as "Linked Sites" or "Hyper-linked Websites") means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Website.

  • You or Your (also referred to as "User") means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.

 

Acknowledgment

These are the Terms of Use governing the use of this Site and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and others who access or use the Website.

By accessing or using the Site You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Site.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms of Use and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Site or 100 USD if You haven't purchased anything through the Site.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software, and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Warranty Disclaimer

This Website, including any Content or information contained within it or any Site-related service, is provided "AS IS" and "AS AVAILABLE", and with all faults and defects with no representations or Warranties of any kind, either expressed or implied, including, but not limited to, the implied Warranties of merchantability and Non-Infringement. You assume total responsibility and risk for Your use of this Website, Site-related services, and Hyperlinked Websites.

We are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of, or relating in any way to the Site, and/or any Hyperlinked Website. Your sole remedy for dissatisfaction with the Website, Site-related services, and/or Hyperlinked Websites is to stop using the Site and/or those Services. 

Although We attempt to ensure the integrity and accuracy of the Website, We make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed and or updated without notice. 

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or Warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Website, the Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of Warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Content / Intellectual Property

No part of the Website including text, information, graphics, audio, video, photographs, logos, artwork, computer code, and other data (collectively, “Content” or "Intellectual Property") may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium, for publication or distribution, without Our express prior written consent. 

 

You agree not to use the Company Intellectual Property in a manner that constitutes an infringement of the Company’s rights or that has not been expressly authorized by the Company. Any use of the Company Content, except as permitted herein, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s Intellectual Property rights.

 

Use of the Site

You agree to be financially responsible for all purchases made by You. You shall not post or transmit through the Website any material that: (1) violates or infringes on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (2) is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights; (3) is vulgar, obscene, abusive, profane or otherwise objectionable, or contains any pornographic material; (4) you know contains viruses; (5) contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, statute, ordinance, or regulation; (5) You know contains links to any sites that do any of the aforementioned prohibited acts. In addition, You are prohibited from using the Site to send spam, either directly or indirectly, or that in any way violates the CAN-SPAM Act of 2003,15 U.S.C. 7701, as amended. 

We do not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality, or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast, or otherwise made available by any User.

Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Us. These Linked Sites are provided solely as a convenience to Our Site visitors. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Customer Feedback

You agree that the Company has the right to use Your feedback whether in the form of emails, surveys, comments, online reviews or recommendations, discussions in Program-related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the products and services offered by Us. 

Privacy

By using this Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.  Please review our Privacy Policy here.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use. Upon termination, Your right to use the Site will cease immediately.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company via Our Contact information below.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Site. Your use of the Application may also be subject to other local, state, national, or international laws.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

Indemnification

You agree to indemnify, defend, and hold harmless Us, and Our successors in interest, employees, agents, and service providers (“Indemnitees”), from and against any and all losses, demands, damages, liability, claims, assessments, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to, or arising out of or in connection with, Your use of this Website, including any data or Content transmitted or received by You, any other party’s access or use of the services with your username and password, or Your violation of these Terms of Use, applicable laws, rules, or regulations.

You shall provide us with such assistance, without charge, as We may request in connection with any such defense, including, without limitation, providing Us with such information, documents, records, and reasonable access to You, as We deem necessary. You shall not settle any third-party claim or waive any defense without Our prior written consent.

Severability

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, that term, provision, covenant, or condition shall be limited or eliminated to the minimum extent necessary so that the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Entire Agreement

This Terms of Use constitutes the entire agreement between You and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between Us. No Waiver of any of the provisions of the Terms of Use by the Company shall be deemed, or shall constitute, a Waiver of any other provision, whether or not similar, nor shall any Waiver constitute a continuing Waiver. No Waiver shall be binding unless executed in writing by Company. 

 

In our sole discretion, we may modify these Terms of Use and any other Legal Terms by posting the revised version on this Website and You agree that each visit by You to this Site is a new transaction governed by the Terms of Use on this Site at that time.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of the Legal Terms, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any User content or account; and or (5) to terminate access of any User in its sole discretion, for any reason or no reason.

By continuing to access or use the Website after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Website.

Contact Us

If you have any questions about these Terms of Use, You may contact us: