Welcome to Paws & Cherish (“Paws & Cherish” or “PawsandCherish.com”). PawsandCherish.com is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of PawsandCherish.com (the "Agreement").
Your use of PawsandCherish.com constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use PawsandCherish.com. If you do not agree to these terms, please do not use PawsandCherish.com.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue PawsandCherish.com or any service, content, feature or product offered through PawsandCherish.com, with or without notice; charge fees in connection with the use of PawsandCherish.com; modify and/or waive any fees charged in connection with PawsandCherish.com; and/or offer opportunities to some or all users of PawsandCherish.com. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of PawsandCherish.com, or any service, content, feature or product offered through PawsandCherish.com.
Unless otherwise noted, PawsandCherish.com, and all materials on PawsandCherish.com, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Paws & Cherish and other trademarks appearing on PawsandCherish.com are the trademarks of Paws & Cherish and/or its parent company or affiliated companies.
PawsandCherish.com and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on PawsandCherish.com for your personal use only.
No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or PawsandCherish.com.
Unless otherwise specified, PawsandCherish.com and the Contents are intended to promote Paws & Cherish products and services available in the United States. PawsandCherish.com is controlled and operated by Paws & Cherish from its offices in Deerfield Beach, Florida.
User Comments, Feedback, and Other Submissions
Paws & Cherish is pleased to hear from users and welcomes your comments regarding our products and services. Our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Paws & Cherish employees and agents might seem to be similar to creative works submitted by users.
Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Paws & Cherish may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to PawsandCherish.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
PawsandCherish.com has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of PawsandCherish.com. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Paws & Cherish or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Paws & Cherish takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through PawsandCherish.com
Paws & Cherish respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please notify us.
Unless specified, the prices displayed on PawsandCherish.com are quoted in U.S. Dollars.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on PawsandCherish.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on PawsandCherish.com is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at PawsandCherish.com. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
PawsandCherish.com may contain links to other Web sites that are not under the control of Paws & Cherish has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of PawsandCherish.com users.
The materials on PawsandCherish.com are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Paws and Cherish expressly disclaims any duty to update or revise the materials on PawsandCherish.com, although Paws & Cherish may modify the materials at any time without notice. Your use of PawsandCherish.com is at your sole risk, and you assume full responsibility for any costs associated with your use of PawsandCherish.com. Paws & Cherish shall not be liable for any damages of any kind related to your use of PawsandCherish.com.
You agree to defend, indemnify and hold Paws & Cherish harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of PawsandCherish.com and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Paws & Cherish agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on PawsandCherish.com, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Paws & Cherish at: 4340 NW, 19th Avenue, Suite E, Deerfield Beach, FL, 33064, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Paws & Cherish agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Florida, Broward County and/or the Middle District of Florida. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Paws & Cherish’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of PawsandCherish.com.
These terms are effective unless and until terminated by either you or Paws & Cherish. You may terminate this Agreement at any time. Paws & Cherish also may terminate this Agreement at any time without notice, and accordingly may deny you access to PawsandCherish.com, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.