Welcome to Pet Commerce Direct.com operated by Pet Commerce Direct LLC (PCD). By accessing any
areas of PetCommerceDirect.com, you agree to be legally bound and to abide by the Terms and
Conditions set forth below. Please read them carefully. In addition, when you use any current or
future PetCommerceDirect.com service or visit or purchase from any business affiliated with PCD,
whether or not included in the PCD web site, you are also subject to the guidelines and conditions
applicable to such service or business.
Privacy
Your privacy is a very important to PCD. We want you to feel comfortable shopping at our site. Please
review our Privacy Policy statement to better understand our practices.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property PCD or its content suppliers
and is protected by United States and international copyright laws. The compilation of all content
on this site is the exclusive property of PCD and protected by U.S. and international copyright
laws. All software used on this site is the property of PCD or its software suppliers and protected
by United States and international copyright laws.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") indicated on this web
site are registered and unregistered trademarks of PCD or its subsidiaries, in the United States
and in other countries and jurisdictions. The graphics, logos, and icons are trademarks and/or
trade dress of PCD or its subsidiaries. PCD trademarks and trade names may not be used without
express written permission in connection with any product or service that are not PCD products or
services. Other trademarks that appear on this site that are not owned by PCD or its subsidiaries
are the property of their respective owners, who may or not be affiliated with, connected to, or
sponsored by PCD or its subsidiaries.
Site Access
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express written consent PCD.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) PCD and our affiliates without express
written consent. You may not use any meta tags or any other "hidden text" utilizing PCD's name or
trademarks without the express written consent PCD. Any unauthorized use terminates the permission
or license granted by PCD. You may not use any PCD logo or other proprietary graphic or trademark
as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer. Further you agree to accept responsibility
for all activities that occur under your account or password. If you are under 18, you may use
PCD only with the permission of a parent or guardian. PCD and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
Reviews, Comments, Communications, and Other Content
PCD allows visitors to post reviews, comments, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other information.
PCD does not allow content that is illegal, obscene, threatening, defamatory, invasive of an
individual's privacy, infringing on intellectual property rights, otherwise injurious to third
parties or objectionable as determined by PCD. Content may not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. PCD reserves the right (but is
not the obligation) to remove or edit such content..
If you do post content or submit material, and unless we indicate otherwise, you grant PCD and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to
use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant PCD and its affiliates and
sublicensees the right to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you supply does
not violate this policy and will not cause injury to any person or entity; and that you will
indemnify PCD or its affiliates for all claims resulting from content you supply. PCD has the
right, but not the obligation, to monitor and edit or remove any activity or content. PCD takes
no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints
PCD and its affiliates respect the intellectual property of others. If you believe that your
intellectual property rights may have been infringed, please contact us at the address listed
below. RISK OF LOSS: All items purchased from PCD or affiliates are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you upon our delivery
to the carrier. PRODUCT DESCRIPTIONS: PCD and its affiliates attempt to be as accurate as possible.
However, PCD does not warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by PCD itself is not as described,
your sole remedy is to return it in unused condition.
Other Businesses
Parties other than PCD and its subsidiaries operate stores, provide services, &/or sell product
lines on this site. In addition, we provide links to the sites of affiliated companies and
certain other businesses. We are not responsible for examining or evaluating, and we do not
warrant the offerings of any of these businesses or individuals or the content of their Web
sites. PCD does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review their privacy
statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
This site is provided by PCD on an "as is" and "as available" basis. PCD makes no representations
or warranties of any kind expressed or implied, as to the operation of this site or the information,
content, materials, or products included on this site. You expressly agree that your use of this
site is at your sole risk.
To the full extent permissible by applicable law, PCD disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability and fitness for
a particular purpose. PCD does not warrant that this site, its servers, or e-mail sent from PCD
are free of viruses or other harmful components. PCD will not be liable for any damages of any
kind arising from the use of this site, including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.
PCD Rights
PCD reserves the right to modify or withdraw, temporarily or permanently, the Website
(or any part of) with or without notice to you and you confirm that we shall not be
liable to you or any third party for any modification to or withdrawal of the Website.
PCD may change these Terms and Conditions from time to time and your continued use of the Website
(or any part of) following such change shall be deemed to be your acceptance of such change. It
is your responsibility to check regularly to determine whether the Terms and Conditions have been
changed. If you do not agree to any change to the Terms and Conditions then you must immediately
stop using the Website.
We will use our reasonable endeavors to maintain the Website. The Website is subject to change
from time to time. You will not be eligible for any compensation because you cannot use any
part of the Website or because of a failure, suspension or withdrawal of all or part of the
Website due to circumstances beyond our control. While we make every effort to prevent errors,
mistakes may occur. We are not responsible for typographical errors of any kind and reserve
the right to make corrections. Prices are subject to change without notice. We reserve the
right, for any reason, to limit quantities and to refuse to sell to anyone.
Law
The Terms and Conditions will be exclusively governed by and construed in accordance with the
laws of United States whose Courts will have exclusive jurisdiction in any dispute, save that
we have the right, at our sole discretion, to commence and pursue proceedings in alternative
jurisdictions.
Severance
If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these Terms and
Conditions and shall not affect the validity and enforceability of any of the remaining
provisions of the Terms and Conditions.
Waiver
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any
provision.
Survival
Each provision of these Terms and Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be inapplicable
or unenforceable in any circumstances.
Entire Agreement
These Terms and Conditions (as amended from time to time) contain the entire agreement between
you and us relating to the subject matter covered and supersede any previous agreements,
arrangements, undertakings or proposals, written or oral, between you and us in relation to
such matters. No oral explanation or oral information given by either of us shall alter the
interpretation of these Terms and Conditions. You confirm that, in agreeing to accept these
Terms and Conditions, you have not relied on any representation save insofar as the same has
expressly been made a representation in these Terms and Conditions and you agree that you
shall have no remedy in respect of any misrepresentation which has not become a term of
these Terms and Conditions save that your agreement contained in this Clause shall not
apply in respect of any fraudulent misrepresentation whether or not such has become a
term of these Terms and Conditions.