Pets Love Toys, LLC's Terms of Service
Your use of the www.petslovetoys.com service (the “Service”) constitutes your acceptance of the following terms and conditions.
The following terms and conditions form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register or otherwise use the Service.
1. USER AGREEEMENT
This Agreement constitutes your agreement with Pets Love Toys, LLC (“PLT”) with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means the owner of PLT or any successors or assigns of www.petslovetoys.com.
2. FEES; PAYMENT OF FEES
2.1 Fees - PLT charges the following fees where applicable. All such fees are subject to change with 30 days’ notice. Not all fees are applicable to all accounts.
2.1.1 Service Fee – This is the fee for your monthly subscription to PTL for pet supplies, accessories and products (“Products”).
2.1.2 Processing – Should you choose to purchase Products in any given month, your credit card will be processed on the first of the month immediately following your date of purchase.
2.1.3 Skip This Month – Users have no obligation to purchase Products during each month of their membership. You may choose not to purchase Products offered in any given month by opting to “Skip this Month” within your account. Election of this option must occur five calendar days prior to the first of the month. Failure by the user to elect to “Skip this Month” will result in the user’s account being issued an account credit (“Credit”) in the amount of the Service Fee.
2.1.4 Credit – Credits may accrue within a user’s account for up to one year. Credits may be applied to a user’s purchase of Products within one year from the time of accrual. Upon cancellation of a user’s account, user will forfeit any unused accumulated credits pursuant to paragraph 11.3 below.
2.1.5 Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
2.2 PLT also reserves the right to alter, change, amend or delete fees at its sole discretion. PLT further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
2.3 PLT reserves the right to offer subsequent promotional rates that may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. PLT also reserves the right to change the rate charged for any such fee under this agreement with thirty days’ notice.
2.4 Payment of Fees - PLT accepts payment by Credit Card (Visa, MasterCard, Discover, and American Express). In addition, PLT may from time to time allow additional forms of payment; however, the offering of a particular form of payment does not obligate PLT to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options contact us.
2.5 Payment by Credit Card
Prior to activation of your user account and at any applicable time thereafter you agree to allow PLT to charge the credit/debit card or bank account you provide. You also agree at stated regular intervals that any agreed service fee amount for the stated period (together with any PLT set-up charges, registration fees, or any other fees outlined herein) may be applicable. You further authorize PLT to charge your credit card or bank account for all subsequent period fees at (or a reasonable period in advance of) the commencement of any such subsequent period. You agree to maintain current valid existing credit card or bank account information with PLT for the purpose of satisfying the PLT charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and termination at the sole option of PLT under Paragraph 11 herein. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and termination at the sole option of PLT under Paragraph 9 herein.
3. RIGHT TO USE
3.1 Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
3.2 Your use of PLT may require assignment of a password for your account. PLT assumes no responsibility for ensuring that the use of the password is authorized by you, the user. You shall be solely responsible for any access to the Site using your password or account information.
4. ACCEPTABLE USE
You agree to use the Service in accordance with the following Acceptable Use Policy:
4.1. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
4.2. You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
4.3. You agree not to take any action which encourages or consists of any threat of harm or harassment of any kind to any person or property or assists any other person or group in doing so. Such behavior shall include but not be limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images.
4.4. You agree that you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
4.5. You agree not use your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following: False or Misleading Header Information; Deceptive Subject Lines; Failure to provide an opt-out method; Failure to Identify the message as an advertisement; and, Failure to include a physical Postal Address.
4.6. You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with www.petslovetoys.com and for three years thereafter.
4.7. You agree not to undertake any action that is harmful or potentially harmful to the www.petslovetoys.com server structure.
4.8. Your limited license to use the service is not subject to lease, sublease or any other sharing or transfers without the specific, express consent of www.petslovetoys.com.
4.9. You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of www.petslovetoys.com, (b) any reseller of www.petslovetoys.com, (c) any other person, or (d) any employee or contractor of www.petslovetoys.com.
4.10. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
4.11. You will not use the Service to post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names to any other person or include such information in your publicly posted information.
4.12. You agree that www.petslovetoys.com will make the sole determination of any whether this policy has been violated. This policy may be amended by www.petslovetoys.com at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
5. MEMBERSHIP/ REGISTRATION
5.1 Membership is not required to access the service. Non-members have limited access to some features and have no access to other features of the Service. There is no fee to become a member however you must register with true and accurate registration information and agree to these Terms of Service. Only members can communicate with other members or non-members.
5.2 Members of the Site will receive a monthly selection of Products for review and purchase. You may opt to receive the Products and have the Products shipped to the address you provided PLT. If you receive unwanted Products, or the Products do not match the description on the Site, you may return the Products to PLT at PLT’s expense for a credit to your account. Refunds shall not be issued for Products that do not match the description, but will be issued for Products shipped to you at PLT’s error. Any Products returned are subject to a re-stocking fee of $4.95, which will be deducted from the credit applied to your account. Returned Products are subject to PLT investigation and subsequent adjustment to your account settings. Repeated return of Products may lead to termination of your membership pursuant to Paragraph 11.2. The Risk of Loss for Products passes from PTL to you upon PTL’s delivery of the Products to its carrier of choice.
5.3 Membership may be cancelled at any time by contacting PLT via email at email@example.com. However, if your account has remaining credit at the time of cancellation, such credit is subject to forfeiture at PLT’s discretion.
6. PRIVACY AND USE OF INFORMATION
7. MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
8. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
8.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of PLT including but not limited to the PLT customer service and maintenance tools. You acknowledge that all right and title to any such PLT intellectual property shall remain the sole property of PLT and that you have no right, title or interest therein. You further agree not to provide access to the PLT services to any third party. You agree that you are not to assist any third party or to instigate yourself in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the PLT Services. Any and all right or title to any engineering, coding, programming or customer service work-around or other modification of the PLT service shall also remain the sole property of PLT.
8.2 During the term of this agreement you may have access to certain information and materials relating to the PLT business, customers, software technology and marketing which PLT treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of PLT; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual or annual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of all the presently available plans is available on the PLT website located at www.petslovetoys.com.
10. NO RESPONSIBILITY
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.
11. SUSPENSION AND TERMINATION
11.1 Suspension - At the sole option of PLT for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 2 (Payment of Fees) or any violation of the PLT Terms of Service, PLT may suspend your account by deactivating any access by you to your account while maintaining the information and data related to your account. Suspension shall specifically include the disabling of your account and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of PLT you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under paragraph 11.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
11.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the PLT site. Such information or data may or may not be made available to you by PLT after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 11.1 or (b) except as otherwise stated herein by either party upon 45 days’ notice in advance of a renewal period for any reason.
11.3 In the event of termination under paragraph 11.2(a) there will be no refund provided to you. In addition, PLT may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of PLT to recover from your losses, damages, indemnity, defense costs, expert costs, collection costs and attorney’s fees or other costs of any kind as may be applicable under California Law.
12. INFORMATION USAGE AND COMMUNICATIONS
12.1 You hereby consent and agree that as to any information which PLT may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from PLT concerning you or your account, or other information which in PLT sole judgment is reasonable, PLT may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of PLT and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the PLT Terms of Service or other policies.
12.2 During and after the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages containing commercial offers from PLT and certain approved marketing partners in regards to PLT or such partner products and services. We may also contact you concerning your account, system conditions, changes, updates and schedules.
12.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with PLT specifically including your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in paragraph nine (9) herein.
13.1 Any notice under this agreement shall be given by PLT to you via email at the address provided by you to PLT at the commencement of this agreement or as PLT is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via email at firstname.lastname@example.org.
13.2 Any notice by you to PLT shall be made by email to email@example.com. Our Mail to Address is:
Pets Love Toys, LLC
18627 Brookhurst Street, Suite #300
Fountain Valley, California 92708-6748
Notice is effective only upon confirmed receipt by PLT.
Sections 2 through 4, 6 through13, and 15 through 24, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
15. WARRANTEES AND LIMITATIONS
15.1 PLT makes every reasonable effort to maintain operation of the PLT service; however, because many events and circumstances are beyond the control of PLT, PLT does not in any way warrant or otherwise guarantee the availability of the PLT system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of PLT. PLT makes no warrantees as to the information regarding projected returns presented within each operator’s opportunity.
15.2 THE PLT SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
15.3 In general, PLT has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. PLT accepts no responsibility for any information that you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. PLT provides no warranty for any goods or services that you obtain over the Internet nor the compatibility of any such services with the PLT system.
15.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
15.5 You hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any damage caused by Products provided by PLT pursuant to your membership. Each Product should be used with caution, pursuant to the directions provided by each Products’ respective manufacturer, in order to minimize any potential harm to your pet. PLT assumes no liability for Products deemed defective as a result of the manufacturer’s production or Products damaged during transport by any carrier. For further questions in this regard, please contact PLT at firstname.lastname@example.org.
15.6 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO PLT IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL PLT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
16.1 You agree to fully defend and indemnify and hold harmless PLT of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of PLT in any way related to your use of the PLT service or any portion thereof.
16.2 You agree to fully defend and indemnify and hold harmless PLT of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the PLT service or any portion thereof. Choice of counsel remains exclusively that of PLT.
16.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless PLT of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of PLT.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
18. EXTERNAL LINKS
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
20. DISCLOSURE AND OTHER COMMUNICATION
21. GOVERNING LAW
This Agreement is entered into in Fountain Valley, California. You agree that it will be governed by the laws of the State of California and any disputes arising out of this Agreement will be subject to the courts of the State of California and the federal courts applicable within the state. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. www.petslovetoys.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of www.petslovetoys.com, if www.petslovetoys.com’s obligations hereunder are assumed by a third party, www.petslovetoys.com and its owners, successors and assigns shall be relieved of any and all liability under this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
24. REQUIRED NOTICES
Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to: Pets Love Toys, LLC, COPYRIGHT INFRINGEMENT CLAIM, 18627 Brookhurst Street, Suite #300, Fountain Valley, California 92708-6748; via email at email@example.com.
© PLT, 2012 – All Rights Reserved