Terms & Conditions

These Terms & Conditions apply to the use of the site owned and operated by The Modern Pet located at http://www.TheModernPet.com.

All users of this site agree that their access to, and use of, this site are subject to the Terms & Conditions set forth in this notice and all applicable laws, and that any such access or use is undertaken at the user's risk. The Modern Pet reserves the right, at its sole discretion, to change, add or remove portions of these Terms & Conditions, at any time, without prior notice. Any such changes will be reflected on the Terms & Conditions page of The Modern Pet site. It is your responsibility to check these Terms & Conditions each time before using this site. Your continued use of this site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms & Conditions and any such changes, The Modern Pet grants you ("end user") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use this site.

All content, graphics, code and software used on or incorporated into this site, and the arrangement or integration of all such content, graphics, code and software, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by The Modern Pet, and all rights thereto are specifically reserved. The Modern Pet, TheModernPet.com, custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of The Modern Pet. All other trademarks, service marks, product names and company names or logos used on this site are the property of their respective owners. Permission is granted to copy and print content from this site solely for personal, non-commercial purposes related order placement or shopping with The Modern Pet. Any other use of this site, content or information is strictly prohibited, unless written permission from The Modern Pet is first obtained.

The Modern Pet strives to represent its product pictures and descriptions as accurately as possible. However, The Modern Pet does not warrant that product descriptions, photos or other content of this site is accurate, complete, reliable, current, or error-free. This site may contain typographical errors or inaccuracies and may not be complete or current. The Modern Pet therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and The Modern Pet reserves the right to cancel or refuse any order placed based on incorrect pricing or availability information. If a product offered by The Modern Pet is not as described, your sole remedy is to return it in its original and unused condition. We apologize for any inconvenience.

This site, products, services, content, software, artwork, data, and information are provided "as is" with all faults. The Modern Pet makes no representations or warranties of any kind, whether expressed or implied, with respect to this site, or content or information available on or through this site. Except as otherwise provided under applicable laws, neither The Modern Pet nor its corporate affiliates, directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of, or related to, the use of this site or any other site linked to this site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if The Modern Pet is notified in advance of the potential for any such damages.

The Modern Pet does not make any representations or warranties about any site you may access through this site. Any such site is independent from The Modern Pet and we have no control over, or responsibility with respect to, the information provided or activities undertaken by any such site. A link between The Modern Pet and another site further does not mean The Modern Pet endorses that site.

Certain services offered on or through this site requires that you establish an account with The Modern Pet. You are responsible for maintaining the confidentiality of your account information, including your password, and all activity that occurs under your account. You agree to notify The Modern Per immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Modern Pet or any other user of this site due to someone else using your password or account. You may not use anyone else's password or account at any time. You may not attempt to gain unauthorized access to this site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, than your account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update any of your account information at any time through our site. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of this site or in any way reproduce or circumvent the navigational structure or presentation of this site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this site or any of the systems or networks comprising or connected to this site.

As a condition of registering with our site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may change from time to time, and as a condition of browsing this site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

By establishing an account with us, and each time you make a purchase through our site, you grant permission for The Modern Per to contact you at your e-mail address. To stop receiving our marketing emails, send an email to us at customerservice@themodernpet.com or follow the opt-out procedures set forth in such marketing emails.

While The Modern Pet takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information. In no event shall The Modern Pet or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether The Modern Pet was given actual or constructive notice that damages were possible.

To purchase any goods and/or services on our site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

All payments must be made by VISA, MasterCard, American Express or Discover. We currently do not accept cash, checks or any other payment form. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms & Conditions to determine your rights and liabilities as a cardholder. You, and not The Modern Pet, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify The Modern Pet of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If The Modern Pet does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by The Modern Pet or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. The Modern Pet shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.

Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Modern Pet reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Modern Pet further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by The Modern Pet upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. The Modern Pet is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

The Modern Pet shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Modern Pet shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Modern Pet shall immediately issue a credit to your credit card account in the amount of the charge.

By submitting an order through our site, you agree to our Store Policies, including our return and exchange policies, restocking fees, and return exceptions.

The Modern Pet reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.

All requests for service and support of products should be made directly to the manufacturer in accordance with their terms and conditions. We are not responsible for any damage caused by your dog (i.e., chewing, running, etc.) or regular wear and tear to the merchandise. Product defects must be reported to us within 20 days of receipt.

The Modern Pet does not want to receive confidential, proprietary or trade secret information through this site (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to The Modern Pet will be deemed non-confidential. And, by submitting any such information, you are granting The Modern Pet an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so. You agree that The Modern Pet may, at its sole discretion and without prior notice to you, terminate your access to this site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to this site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of this site or any service offered on or through this site, (4) violations of these Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that The Modern Pet will not be liable to you, or to any third party, for termination of your account or access to this site.

You agree to indemnify and hold harmless The Modern Pet and its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Terms & Conditions, or your violation of any law, regulation or third-party right.

The entire risk arising out of the use of this site, the use of any products and/or services offered on or in connection with the site, and/or the use of any content remains with you. In no event shall The Modern Pet or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of these Terms & Conditions or the use of or inability to use any products, services, and/or content, with the delay or inability to use the The Modern Pet site or related services, the provision of or failure to provide products or services, or for any information, software, products, services and content obtained through the site, or otherwise arising out of the use of the The Modern Pet site whether based on contract, tort, negligence, strict liability or otherwise even if The Modern Pet has been advised of the possibility of such damages.

Notwithstanding anything else in these Terms & Conditions or posted on this site, the maximum liability that The Modern Pet shall have is limited to any amounts actually paid to The Modern Pet by the end user. You assume all risk of loss for shipped products. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of The Modern Pet. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this terms of use) that is an essential basis of the bargain between the parties.

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), The Modern Pet will terminate the account of any customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to The Modern Pet and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, The Modern Pet will terminate the infringing customer's account. The Modern Pet may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. The Modern Pet respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the The Modern Pet site, please contact us at info@themodernpet.com. Please include a statement by you to include a description of the alleged infringing work or material, its location on the site, your contact information, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

No delay or failure to act under these Terms & Conditions shall constitute any waiver by The Modern Pet of any provision of these Terms & Conditions. If any provision of these Terms & Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms & Conditions will continue in full force and effect. Any claim under these Terms & Conditions must be brought within one (1) year after the cause of action arises. These Terms & Conditions shall be governed by the laws of the State of California without regard to, or application of, any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Alemeda County, in the State of California. These Terms & Conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms & Conditions shall be null and void. The Modern Pet may freely assign these Terms & Conditions without consent or notice. These Terms & Conditions constitute the complete and exclusive agreement between The Modern Pet and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

These Terms & Conditions were updated March 10, 2008. If you have any questions about these Terms & Conditions, the practices of this site or your dealings with this site, please contact us by email at customerservice@themodernpet.com.com.