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Terms of Use

Last Modified: January 30, 2017

Welcome to the Pet Food Express website. By accessing our website, you are consenting to the following terms of use and all corresponding legal terms that go along with it. By accessing or using this site, you agree to follow and be found by these terms.
During your use of www.petfoodexpress.com, we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Policy. For more on this, please see our Privacy Policy.

The Material on www.petfoodexpress.com is the property of Pet Food Express, Ltd. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Pet Food Express (or to another party that has licensed their material to Pet Food Express) and is protected by United States and international copyright laws.

Please Respect the Material on www.petfoodexpress.com: You may not reproduce, redistribute or otherwise use any materials without the express written consent of Pet Food Express. Pet Food Express’ trademarks and trade dress may not be used in connection with any product or service that is not Pet Food Express’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Pet Food Express.

The Material Included On This Website Can Be Used For Personal, Informational And Shopping Purposes Only: This means that you agree you will not distribute, publish, transmit, modify, display or create copied works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless Pet Food Express for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Pet Food Express and that in the event of an unauthorized use, Pet Food Express shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that Pet Food Express believes that you have violated its intellectual property rights, Pet Food Express or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

Limitations on Use

Pet Food Express grants you a non-exclusive, non-transferable, revocable, limited license to view this website, and to download and/or print portions of materials retrieved from this website as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of www.petfoodexpress.com may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Pet Food Express.
In addition, you may not use www.petfoodexpress.com to:

- gain unauthorized access to our website, network or computer systems;

- interfere with any other person's use or enjoyment of the website;

- breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or websites connected to www.petfoodexpress.com;

- copy any portion of the website or the content except as part of an Internet service provider's incidental caching of pages or for your own personal review later; or

- "hack," interfere with or disrupt the website or any servers directly or indirectly connected with the service or promote any such activity

Disclaimer and Limit on Liability

Pet Food Express Will Do Its Best to Bring You Uninterrupted, Functional Use of its website: That said, we do not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website, app, or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.

Please understand that Pet Food Express disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or app, or any portion of this website or app; (5) your use of this website or app; or (6) your use of any equipment or software in connection with this website or app.

Third Party Websites

As a convenience to you, www.petfoodexpress.com may include links to third party websites or material which are beyond its control. Pet Food Express is not responsible for content on other websites outside of www.petfoodexpress.com. Your use of any linked is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and Pet Food Express disclaims all liability in connection with your use of a linked website.

Changes in Our Terms of Use

We are always improving and updating our website to further enhance your experience. As a result, our policies will continue to evolve. Pet Food Express reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.

Disputes and Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Alameda County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Alameda County, California. For the sake of clarity, nothing in this paragraph shall affect Pet Food Express’ ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to www.petfoodexpress.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Children

Parents should always supervise their children while online. The Pet Food Express website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on the website.

International Use

Pet Food Express makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

Pet Food Express Community Guidelines

By engaging here, you are agreeing to be a steward of the Pet Food Express community, and thus engender the fellowship, courtesy and shared responsibility as outlined in these guidelines:

- You must be 13 or older to engage in this conversation, and if you are between the ages of 13-18, your parent or legal guardian must have reviewed our Terms and have agreed to them for you to participate.

- Language is a powerful tool - wield it carefully and respectfully. Offensive, off-color, hurtful, damaging, derogatory, provocative, insulting, abusive, harassing, ugly… remarks will not be tolerated. Period.

- Pet Food Express reserves the right to not post or remove any comments at any time for any reason. (Please note: if a portion of a comment is deemed not permissible, the entire comment will not be posted.)

- You reserve the right to flag any comment that you deem inappropriate for immediate review and likely removal by Pet Food Express moderators.

- Please keep comments on-topic - the featured Pet Food Express products and services and your experience with them or thoughts about them are the topic.

- To discuss other pressing Pet Food Express topics - general store experiences or questions, location inquiries, business inquiries, new vendor pitches, employment interests or any other customer service-related matters, please visit our Contact Us page.

- If you have questions or concerns pertaining to a specific store, please contact your [link to local Pet Food Express stores] for assistance.

- Pet Food Express employees may join in the discussion as customers, but will not address internal issues or answer questions on behalf of Pet Food Express.

Notice of Infringement Claims

Pet Food Express respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact Pet Food Express at General Counsel, Pet Food Express, 500 85th Avenue, Oakland, CA 94621 with the following information in a written notice in writing or electronically:

- A description of the copyrighted work or other intellectual property that you claim has been infringed;

- A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;

- Your address, telephone number and e-mail address;

- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Pet Food Express relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Pet Food Express with respect to such subject matter. This Agreement may not be changed, waived or modified except by Pet Food Express as provided herein or otherwise by written instrument signed by Pet Food Express. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Pet Food Express’ prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Pet Food Express may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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