Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
TERMS AND CONDITIONS OF SALE
This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and 1 Cute Pooch, the owner and operator of the 1cutepooch.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.
Prices/Taxes/Shipping Charges/Delivery: Product prices, availability, shipping/delivery costs, types of shipping method, and terms and conditions of sale, are subject to change without advance notice. 1 Cute Pooch is not responsible for typographical errors.
Pricing: In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, 1 Cute Pooch shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, 1 Cute Pooch may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Taxes: 1 Cute Pooch’s prices do not include sales, use, excise or similar taxes. 1 Cute Pooch collects sales taxes for the state of California.
Shipping: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by 1 Cute Pooch is 1 Cute Pooch’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify 1 Cute Pooch within 5 days from when you receive your order if you believe any part of your order is missing, wrong or damaged.
Delivery: Delivery dates are estimates only. Delivery dates will be anywhere from 4 days to 2 weeks for standard shipping. Non-stock/special order items require approximately 4-6 weeks to ship. Weekends and holidays are not calculated in the delivery days. 1 Cute Pooch shall not be liable for delays in delivery due to causes beyond its reasonable control, including shortage of materials, acts of God, acts of civil or military authorities, strikes, war, riot, delays in transportation or car shortages. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
Order Acceptance: Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Waiver and Limitation of Liability
YOU HEREBY ACKNOWLEDGE THAT THE WARRANTY PROVIDED HEREIN AND THE ACCOMPANYING OBLIGATIONS AND LIABILITIES OF 1 CUTE POOCH ARE EXCLUSIVE AND YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF 1 CUTE POOCH. YOU ACKNOWLEDGE BY YOUR USE OF 1 CUTE POOCH’S PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK. IN NO EVENT SHALL 1 CUTE POOCH OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE. IT IS YOUR RESPONSIBILITY TO FOLLOW ALL INSTRUCTIONS AND HEED ALL WARNINGS ACCOMPANYING ANY PRODUCT ORDERED FROM THE SITE. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST 1 CUTE POOCH ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
Disclaimer of Warranties
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 1 CUTE POOCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow limitations on implied warranties so these limitations might not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights that vary from state to state.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS 1 CUTE POOCH FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
TERMS AND CONDITIONS OF USE
Copyrights and Trademarks
1cutepooch.com operates this web site for retail purposes only and all materials such as images, photographs, illustrations, texts & other materials and content is the property of 1cutepooch.com. Visitors may not copy, reproduce, modify, distribute, sell, display, publicly perform, repost, prepare other works based upon or otherwise use any of our content in any way for any purpose, use our content on any other web site or in a networked computer environment. Visitors are only allowed to print pages from this website for personal, non-commercial use. Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by 1cutepooch.com, one of its affiliates or by third parties who have licensed their materials to 1cutepooch.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of 1cutepooch.com and is also protected by U.S. and international copyright laws 1 Cute Pooch will enforce its intellectual property rights to the full extent of the law.
You agree to defend, indemnify, and hold harmless 1cutepooch.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website, any items purchased, or our content or your breach of these Terms & Conditions.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY 1CUTEPOOCH.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. 1CUTEPOOCH.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE 1CUTEPOOCH.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL 1CUTEPOOCH.COM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING 1CUTEPOOCH.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE 1CUTEPOOCH.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM 1CUTEPOOCH.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO 1CUTEPOOCH.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH 1CUTEPOOCH.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. 1cutepooch.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from 1cutepooch.com on this Site and other than generally available third party web browsers such as Netscape Navigator or Microsoft Explorer.
Links To Third Party Web Sites:
You agree that 1cutepooch.com, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that 1cutepooch.com believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service.