Pet Supermarket Inc. Conditions of Use

By browsing the PetSupermarket.com web site, you agree to comply with and be bound by the following terms and conditions of use which, in conjunction with our Privacy Policy, govern our relationship with you in relation to this web site.

The term "Pet Supermarket, Inc." or "us" or "we" refers to the owner of this web site whose registered office is 1100 International Parkway, Sunrise, FL, 33323. The term "you" refers to the user or viewer of our web site.

We do our best to make certain that PetSupermarket.com is available online 24 hours a day, 365 days a year. However, Pet Supermarket, Inc. takes no responsibility for, and will not be liable for, the web site being temporarily unavailable due to technical issues beyond our control.

THE USE OF THIS WEB SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE:

  1. The content of the pages of this web site is for your general information and use only. It is subject to change without notice.
  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, reliability, availability, timeliness, performance, completeness or suitability of the information and materials found or offered on this web site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information or materials on this web site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this web site meet your specific requirements. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees harmless from and against any and all liabilities and costs incurred in connection with any claim arising out of any breach by you of this agreement or claims arising from your use of our web site. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  4. This web site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
  5. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  6. All trademarks reproduced in this web site which are not the property of, or licensed to, Pet Supermarket are acknowledged on the web site.
  7. Unauthorized use of this web site may give rise to a claim for damages and/or be a criminal offense.
  8. You may not create a link to this web site from another web site or document without Pet Supermarket's prior consent. To make a request, please contact us.
  9. Your use of this web site and any dispute arising out of such use of the web site is subject to the laws of the state of Florida.
  10. This website uses cookies to monitor browsing preferences and anonymously collects usage data via Google Analytics. For more details, please see our Privacy Policy.

TERMS OF SALE:

  1. We reserve the right to refuse to process or complete any order you place with Pet Supermarket for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via the Services for private and domestic purposes. We expressly prohibit purchases for resale and/or reselling any Pet Supermarket product as part of any business (including any online business) unless expressly agreed to in writing by Pet Supermarket.
  2. Pet Supermarket reserves the right to limit the quantity of items purchased per person, household, or order. These restrictions may apply to orders placed by the same Pet Supermarket account; using the same credit card; and orders using the same billing and/or shipping address.
  3. Pet Supermarket reserves the right to change these conditions at any time.

ARBITRATION AND INJUNCTIVE RELIEF CLAUSE:

  1. Agreement to Arbitrate: Any dispute, claim, or controversy between you and Pet Supermarket arising out of or relating to the use of this website, the services provided, or any products purchased through the website, including the validity, enforceability, or scope of this Arbitration and Injunctive Relief Clause (collectively, "Dispute") shall be resolved exclusively through binding arbitration, conducted by a single arbitrator in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”). As used in this Arbitration and Injunctive Relief Clause, "you" and "Pet Supermarket" also includes any parent, wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, purchasers of any accounts, and all agents, employees, directors, and representatives of any of the foregoing. YOU AND PET SUPERMARKET AGREE AND UNDERSTAND THAT WE MUTUALLY CHOOSE BINDING ARBITRATION INSTEAD OF LITIGATION TO RESOLVE ALL DISPUTES. THIS MEANS THAT NEITHER YOU NOR PET SUPERMARKET WLL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE OR MAY BE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL AND YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION.
  2. Interstate Commerce: You and Pet Supermarket agree that use of this website, the services provided, or any products purchased through the website constitutes a transaction involving commerce and, therefore, is governed by the Federal Arbitration Act (“FAA”).
  3. Selection of Arbitrator: Any Dispute will be resolved, upon the election by You or Pet Supermarket, by arbitration pursuant to this Arbitration and Injunctive Relief Clause and the Rules. For a copy of the Rules, to file a Claim, or for other information about the AAA, You may contact AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the AAA, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by You and Pet Supermarket, or to an arbitration organization or arbitrator(s) appointed pursuant to Section 5 of the FAA, provided that any such arbitration organization and arbitrator(s) will enforce the terms and restrictions set forth herein. If You and Pet Supermarket cannot agree on the selection of an arbitrator within fifteen (15) days after the request for arbitration, the AAA shall select an arbitrator. The determination of the arbitrator in such arbitration shall be final and binding and may be enforced in any court of competent jurisdiction.
  4. Arbitration Process: The arbitration will be conducted in the federal judicial district where you reside. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
  5. Injunctive Relief: Notwithstanding this Arbitration and Injunctive Relief Clause, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  6. Costs and Fees: Initially, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Rules, which amount will not exceed the filing fees that you would have incurred if the Dispute had been brought in the appropriate state or federal court where you reside. Initially, Pet Supermarket will pay the remainder of any arbitration fees. Notwithstanding the foregoing, the arbitrator shall assess the costs of arbitration against the party which is not the substantially prevailing party in such arbitration. Additionally, the arbitrator may award the prevailing party in any arbitration proceeding its reasonable attorneys' fees and costs incurred in connection with the arbitration, as determined by the arbitrator(s).
  7. Class Action Waiver: You agree that you shall not have the right to participate as a representative or a member of any class of claimants pertaining to any Dispute regardless of whether any such Dispute must be arbitrated. Arbitration of any Dispute will proceed solely on an individual basis without the right for any Disputes to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Disputes between You and Pet Supermarket alone. No Disputes may be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have a preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
  8. Severability: If any part of this Arbitration and Injunctive Relief Clause is found to be unenforceable, the remaining provisions shall remain in full force and effect.