This website is operated by Togetic. Throughout the site, the terms “we”, “us” and “our” refer to Togetic. The terms "you," "your," "user," and "users," refer to all individuals and/or entities accessing the Services for any reason.
1. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. Eligibility and Use
We provide you with access to and use of the Services subject to your compliance with the Terms. You also represent and warrant to us that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions, and posting of information on or through the Services and for any use of the Services by anyone accessing it using your login information.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. Electronic Communications
When you use our website or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, 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 to express prior written consent for marketing text messages or calls to you.
4. Permissible Uses of Site
Subject to the terms of this Agreement, we grant you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. We 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 Site 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 Site, its products or its content without the express written consent of us; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (d) you shall not access the Site 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 Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without our express written consent.
We reserve the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
5. User Submissions
Except as provided under Submission of Ideas (below), we do not claim ownership of any information or material a user provides to us or posts, uploads, input, submits, or transmits to the Services ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of us, exposes we or any of our licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by us. If you make a Submission, you automatically grant–or warrant that the owner of such content has expressly granted–a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, we are not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. We are not responsible for the consequences of any Submission. We are not responsible for screening or monitoring Submissions made to the Services by users. If notified by a user of a Submission allegedly in violation of these Terms of Service, we may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. We will have no liability or responsibility to users for performance or nonperformance of such activities.
6. Accuracy, Completeness, and Timeliness of Information
We attempt to be as accurate as possible about all information on our website. However, we do not warrant that product description or other content on the Site are accurate, complete, reliable, current, or error-free. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
While we strive to display as accurately as possible the colors of the products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.
9. Terms of Sale
We reserve the right to refuse to process or complete any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via the Services for private and domestic purposes.
We expressly prohibit purchases for resale and/or reselling any of our products as part of any business (including any online business) unless agreed in writing by us.
10. Pricing, Offers, and Selections
Prices, offers, and selections on the Services are subject to change without notice.
11. Limitations Regarding Information, Articles, and Advice
We offer information, articles, and advice to pet parents through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat, or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health-related advice concerning the care and treatment of your pet contact your regulator veterinarian or local animal hospital.
12. Disclaimers; Limitation of Liability
All content available on the Services is provided for informational purposes only. The use of the Services or the Contents is at your own risk. The Contents on the Services could include technical inaccuracies or typographical errors. Togetic may make changes or improvements at any time.
THE CONTENTS ON THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOGETIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TOGETIC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
13. Third-Party Sites and Other Users
The Site may contain links to, or advertisements for, third party websites (collectively, "Third Party Sites'') (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third-Party Sites are not under the control of us and we are not responsible for any Third-Party Sites. We provide links to these Third Party Sites only as a convenience and do 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 Site 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 Site users are solely between you and such users. You agree that Togetic 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 Site 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 Site users or Third Party Sites.
We reserve 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 us. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
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 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 right to access and use the Site will terminate immediately. We will not have any liability whatsoever to you for any termination of this Agreement, including the deletion of your User Content.
The provisions of these Terms which contemplate surviving, including the provisions concerning Services security, prohibited activities, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.
16. Modification or Suspension of the Services
You agree that we may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
17. Respect for Copyright Law
We respect the intellectual property of others and ask that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of our 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.
18. Applicable Laws
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
The arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the state or U.S. federal court.
20. Changes to these Terms
We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Services.
21. Complete Agreement
We make no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.