Welcome to the Petsnewworld® website located at www.Petsnewworld.com (the “Site”). The Site is an Internet property of Petsnewworld (“Petsnewworld®,” “we,” “our” or “us”). You agree to the following Petsnewworld® Terms of Service (“TOS”), in their entirety when you: (a) access or use the Site; (b) access and/or view any of the videos, audio, stories, testimonials, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, the “Content”); (c) access links to Petsnewworld’s® social media pages/accounts on third party social media websites, such as Facebook® and Instagram® (collectively, “Social Media Pages”); (d) utilize the contact form and/or other functionality as a means to make inquiries and/or request being contacted by Petsnewworld® (collectively, “Contact Services”); (e) sign up to participate in Petsnewworld’s® Refer-a-Friend program (“Refer-a-Friend Program”); (f) utilize our pet store finder to locate participating pets stores and related retail establishments near your designated location (“Pet Store Finder”); and/or (g) purchase any of the pet-related products and/or services made available by and through the Site (collectively, the “Product(s)” and together with the Site, Content, Social Media Pages, Contact Services, Refer-a-Friend Program and Pet Store Finder, the “Petsnewworld® Offerings”).
Before you may use the Petsnewworld® Offerings, you must read and accept all of the terms and conditions contained in, and linked to, these TOS) and the linked Privacy Policy including, without limitation, the Return Policy and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time-to-time, all of which are expressly incorporated herein by reference (collectively, the “Agreement”). If these TOS conflict with any other document, these TOS will control for the purposes of usage of the Petsnewworld® Offerings. You may only use certain portions of the Site if you are a Petsnewworld registered buyer or seller. By using and/or accessing the Petsnewworld® Offerings, you agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. if you do not agree to the agreement in its entirety, you are not authorized to access, download and/or use, as applicable, the Petsnewworld® offerings in any manner or form.
Products. Please be advised that Petsnewworld® does not itself manufacture or produce the Products. Further, the Products contain descriptions that are provided directly by the manufacturers or distributors of such Products. Petsnewworld® does not represent or warrant that the descriptions of such Products are accurate or complete. As a result, Petsnewworld® has no control over the quality, safety or legality of the Products.
Petsnewworld® attempts to be as accurate as possible with Product descriptions and prices. However, Petsnewworld® does not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from Petsnewworld’s® suppliers, Petsnewworld® shall have the right to refuse or cancel any orders placed for such Products listed at the incorrect price. Petsnewworld® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not your credit or debit card has been charged.
Scope and Modification of the Agreement.
The Agreement constitutes the entire and only agreement between you and Petsnewworld® with respect to your use of the Petsnewworld® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Petsnewworld® Offerings. By your continued use of any of the Petsnewworld® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements and Necessary Equipment.
The Petsnewworld® Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Petsnewworld® Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if you are unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the Petsnewworld® Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Petsnewworld® Offerings. Petsnewworld® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Petsnewworld® does not guarantee that the Petsnewworld® Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard Internet service provider, data and wireless access fees may apply to your use of the Petsnewworld® Offerings. You are fully responsible for all such charges and Petsnewworld® has no liability or responsibility to you, whatsoever, for any such charges billed by your Internet service provider and/or wireless carrier.
License and Access to the Petsnewworld® Offerings.
Petsnewworld® grants you a limited license to access and make personal use of the Petsnewworld® Offerings. This license does not include the right to: (a) download or copy account information for the benefit of another vendor or any other third party; (b) cache unauthorized hypertext links to the Site or frame any of the Content made available by and/or through the Site; (c) upload, post or transmit any content that you do not have a right to make available (including, but not limited to, the intellectual property of another party); (d) upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) copy, redistribute, publish or sell any part of the Petsnewworld® Offerings; (f) take any action that imposes or may impose (in Petsnewworld’s® sole discretion) an unreasonable or disproportionately large load on Petsnewworld’s® infrastructure; or (g) engage in the systematic retrieval of material from the Petsnewworld® Offerings by automated means or any other form of data mining, scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Petsnewworld®. You may not bypass any measures used by Petsnewworld® to prevent or restrict access to the Site and/or other Petsnewworld® Offerings. Any unauthorized use of the Petsnewworld® Offerings by you shall immediately terminate the permission or license granted to you by Petsnewworld®.
Your Account and Registration.
In order to complete the Site registration process, in connection with your purchase of Products and in connection with your use of certain other Petsnewworld® Offerings, Petsnewworld® will collect your: (a) full name; (b) e-mail address; (c) billing/mailing address; (d) telephone number; (e) credit card information (where you wish to purchase Products); and/or (f) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete (or if the Registration Data becomes untrue, inaccurate, not current or incomplete), or Petsnewworld® has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, Petsnewworld® has the right to suspend or terminate your account and refuse any and all current or future use of the Petsnewworld® Offerings (or any portion thereof).
You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur by and through your account or password, including any purchases made therethrough. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Petsnewworld® immediately of any unauthorized use of your account or any other breach of security. Petsnewworld® reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Purchase of Products.
(a) Standard Purchases. Upon completing the applicable form associated with the purchase of the Product(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable purchase price for the Product(s), plus applicable sales tax.
(b) Subscription Purchases/Cancellation/Returns. Where you register for the subscription option in order to obtain your selected Product(s) automatically, pursuant to the selected schedule, your Active Credit Card will be charged the applicable amount on a periodic, recurring basis every thirty (30) days (or other applicable period) that your subscription plan (“Plan”) remains active, depending on the period that you selected in connection with your Plan. You acknowledge and agree that Petsnewworld® will not obtain any additional authorization from you for these recurring payments. Every time that you receive Products in connection with your Plan, you re-affirm that Petsnewworld® is authorized to bill to your Active Credit Card and to have the fees applied to same. You may cancel your Plan at any time by logging into your account, or speaking with a customer service representative. For a full description of our shipping and return policy please click here. In order to initiate a return, please email us at service@petsnewworld.com, or give us a call at 1-866-963-7297, for instructions and a return shipping label. Other than where we decide in our sole discretion, we will not refund fees paid prior to the termination date and you will remain liable for any unpaid charges previously billed to your Active Credit Card.
(c) General. other than as expressly permitted in the agreement, all sales are final and non-refundable. the fees associated with your purchases will appear on your active credit card statement through the identifier “[insert name that will appear on the user’s credit card statement].” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Product(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Petsnewworld® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), Petsnewworld® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Product(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
(d) Authorization. Petsnewworld’s® authorization to provide and bill for the Product(s) is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Petsnewworld’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Petsnewworld® Text Messaging.
(a) Customer Support Program. By texting Petsnewworld’s® customer support team, and where you have provided “prior express written consent” (but only to the extent required by the Telephone Consumer Protection Act (47 USC § 227) (the “TCPA”)), you may receive text message replies from the Petsnewworld® customer support team. To opt-out of receiving Petsnewworld® inquiry response-related text messages from the Petsnewworld® customer support team, you must cease requesting Petsnewworld® customer support via text and/or cease submitting text message inquiries to Petsnewworld® customer support, as applicable. Text “HELP” to receive more information. Message and Data Rates may apply. We shall not be liable for delayed or undelivered messages.
(b) Order Alerts Program. Where you have provided “prior express written consent” (but only to the extent required by the TCPA), we may send automated Product-order notification text messages. To stop receiving Product-order alert text messages from Petsnewworld®, please reply “STOP” to the text message that you received from Petsnewworld®. No other words or combination of words will achieve a successful opt-out result. Please note that this election will only apply to the phone number that received the subject Product-order alert text message. Text “HELP” to receive more information. Message and Data Rates may apply. We shall not be liable for delayed or undelivered messages.
(c) Marketing Offers Program. If you elect to receive marketing text messages from us, and where you have provided “prior express written consent” as required by the TCPA, either via our website or via a text message flow indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This Text Message service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help or more information, reply “HELP” to any Text Message you receive from us or email service@petsnewworld.com.
In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” and “AS AVAILABLE” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of our Text Messages and your response(s) to same. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) associated with your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you. Any new phone number(s) you associate with your account may receive our standard marketing Text Messages (where you have already provided consent to the receipt of Text Messages to that/those phone number(s)) unless you also unsubscribe the new phone number(s) via the above procedures.
Testimonials, Reviews and Submitted Content.
Testimonials. From time-to-time, Petsnewworld® may permit end-users to submit reviews and testimonials regarding certain of the Petsnewworld® Offerings, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to Petsnewworld® the right to use the Testimonial in any and all forms of marketing and promotional material, whether now known or hereinafter developed including, without limitation, website publication, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. You certify to Petsnewworld® that everything you stated in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did Petsnewworld® provide you with any consultation, advice or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer or director of Petsnewworld®; (c) you are not an immediate family member of an employee, officer or director of Petsnewworld®; and (d) you are not living in the same household with an employee, officer or director of Petsnewworld®.
You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Testimonial need be submitted to you for approval. Petsnewworld® shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release Petsnewworld® from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Petsnewworld® shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to Petsnewworld®.
Unsolicited Information. By submitting any unsolicited information and/or materials, including comments, ideas, questions, designs and other communications (collectively, “Unsolicited Information”) to Petsnewworld® through the Site or otherwise, you agree to be bound by the terms and conditions set forth in this Section 7. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site or otherwise. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Petsnewworld®, and/or any of its affiliates, may use such Unsolicited Information for any commercial or non-commercial purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Petsnewworld® and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information that you provide by and through the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you grant Petsnewworld® a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Indemnity.
You agree to indemnify, defend and hold Petsnewworld®, its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys (collectively, the “Petsnewworld® Parties”), harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) any dispute between you and any other Site user or third party; (b) your breach of the Agreement; (c) your use of the Petsnewworld® Offerings in violation of any applicable law; and/or (d) your use of the Petsnewworld® Offerings in any manner whatsoever. The provisions of this Section 10 are for the benefit of the Petsnewworld® Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its/her/his own behalf.
Electronic Communication and Electronic Signatures.
When you use the Site and/or send emails to Petsnewworld®, you are communicating with Petsnewworld® electronically. As such, you consent to receive communications from Petsnewworld® electronically. Petsnewworld® will communicate with you by email or by posting notices on the Site. 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. Without limiting the foregoing, you acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by Petsnewworld® as a means of accepting the Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Petsnewworld® OFFERINGS. Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires: (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.
Social Media Pages.
The Site contains links to the various Petsnewworld® Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Petsnewworld® shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Pet Store Finder.
The Pet Store Finder enables end-users to conduct a search for participating pet stores and related retail establishments located near the address/zip code supplied by that particular end-user (collectively, “Stores”). The Pet Store Finder may provide links, listings and an interactive map for some or all of the Stores. Please note that Petsnewworld® does not sponsor, recommend or endorse any Stores their products and/or services. Some of the Stores that are accessible by and through the Pet Store Finder pay a fee for inclusion in the Pet Store Finder. The pricing displayed on our Site is not necessarily the pricing our users should expect to find in any applicable Stores. We do not guarantee that a specific product, service and/or brand will be available in any applicable Store. You understand and agree that Petsnewworld® shall not be liable to you or any third party for any products and/or services offered by any Store, and/or any transactions entered into between you and any Store.
Links.
The Site may provide links to other World Wide Web sites or resources that are owned and operated by third parties including, without limitation, the Social Media Websites and Stores. The inclusion of any link does not imply endorsement by Petsnewworld® of the applicable website or any association with the website’s operators. Because Petsnewworld® has no control over such sites and/or resources, you acknowledge and agree that Petsnewworld® is not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Petsnewworld® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Use of End-User Information.
All material submitted by end-users through or in association with the Petsnewworld® Offerings, including, without limitation, the Registration Data, Testimonials and Unsolicited Information shall be subject to the Privacy Policy. For more information, please refer to the linked Privacy Policy.
Intellectual Property Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Petsnewworld® Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Petsnewworld® Offerings is strictly prohibited. You do not acquire ownership rights in or to the Petsnewworld® Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and/or through the Petsnewworld® Offerings. “Petsnewworld®” is a registered trademark of Omnipet, Inc. d/b/a Petsnewworld. All trademarks, brand names, custom graphics, icons and service names associated with the Products are the intellectual property of their rightful owners including, without limitation, the applicable manufacturers and/or distributors of such Products. The use of any Petsnewworld® trademark without Petsnewworld’s® express written consent is strictly prohibited. The use of any third party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the Petsnewworld® Offerings by Petsnewworld® does not constitute a waiver of any right in or to such information and/or materials.
DMCA Notice and Procedure for Claims of Intellectual Property Infringement.
Petsnewworld® respects the intellectual property of others, and we ask our users to do the same. Petsnewworld® may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of end-users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Petsnewworld’s® Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Petsnewworld’s® agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Email: service@petsnewworld.com
Petsnewworld® may update this mailing address from time to time.
Survival of the Agreement.
Notwithstanding any other provisions of the Agreement, or any general legal principles to the contrary, any provision of the Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Agreement.
Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association (“AAA”); and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration by the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Petsnewworld® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Petsnewworld® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
No Spam. Any distribution of your Referral Link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation, or any posting of your Referral Link on any website, coupon site or other forum is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Petsnewworld’s® Refer-a-Friend Program. Without limiting the foregoing, your activities in connection with generating referrals (“Referral Activities”), and the messages included in any e-mails sent by you in connection with same (“Creative”), must: (a) comply with all applicable federal and state laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; (b) not infringe upon any third party intellectual property or other proprietary rights; (c) include prominent disclosures that you stand to gain Referral Credits where the prospective referrals make Qualified Purchases; and (d) comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials (“FTC Guidelines”).
Right to Cancel Program or Change Terms. We reserve the right to modify or amend the Refer-a-Friend Program, or any part of such, at any time and for any reason. We may also deny participation in the Refer-a-Friend Program to you at any time if we have any reason to believe that you are not in compliance with the Agreement and/or the terms of the Refer-a-Friend Program.