Last updated: September 17, 2021
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.
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.
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.
Limitation of Liability
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.
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.
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.
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.
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.
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.
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.
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.
By email: firstname.lastname@example.org
By phone number: 843-480-4480