Effective Date: May 3, 2019
Company may revise these Terms at any time. Your continued usage of the Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms "you," "your," "user," and "users," as used herein, refer to all individuals and/or entities accessing the Services for any reason.
1. Eligibility and Use
Critters provides you with access to and use of the Services subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Services and for any use of the Services by anyone accessing it using your login information.
2. Use Restrictions
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Services for any purpose, subject to the express provisions of these Terms.
You may not, without Critters' written permission, "mirror" any Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
3. Copyright and Trademarks
The Services, and all content available through the Services, is protected by copyright. Unless specified otherwise on the Services or except as permitted by United States copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without Critters' prior written consent. Any such use of the Service's content for any purpose not authorized under these Terms is a violation of the copyrights of Critters (or other entities where so indicated).
Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from Critters in advance. Any such request should be submitted via an email to Crittersexoticpets@gmail.com. The use of the Services, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill are proprietary to Critters or its licensors.
All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to Critters or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Critters or the appropriate owner thereof.
4. User Submissions
Except as provided under Submission of Ideas (below), Critters does not claim ownership of any information or material a user provides to Critters or posts, uploads, input, submits, or transmits to the Services ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Critters, exposes Critters or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Critters. If you make a Submission, you automatically grant–or warrant that the owner of such content has expressly granted– Critters a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Critters is not required to use any Submission.
5. Unsolicited Ideas
Critters' policy is to not accept or review unsolicited ideas or suggestions from persons outside the company, including ideas for new products or services. You should not transmit any material to the Services that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to Critters through the Services or otherwise shall be the property of Critters, and may be treated by Critters as non-confidential and non-proprietary.
Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
While Critters strives to display as accurately as possible the colors of the products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.
8. Terms of Sale
We reserve the right to refuse to process or complete any order you place with us 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 Critters product as part of any business (including any online business) unless agreed in writing by Critters.
9. Pricing, Offers, and Selections
Regular and sale prices, offers, and selections found on the Services may vary from those found at Critters stores and in local Critters advertisements. Prices, offers, and selections on the Services are subject to change without notice.
10. International Use
We control and operate the Services from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from outside the United States do so voluntarily and are responsible for compliance with their local laws.
Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Services may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Pet Health Content.
All content available in any pet health portion of the Services, is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your pet or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Services. Critters does not represent or guarantee that such information is accurate, complete, or timely.
12. Disclaimers; Limitation of Liability
All content available on the Services is provided for informational purposes only. The use of the Services or the Contents is at your own risk. The Contents on the Services could include technical inaccuracies or typographical errors. Critters may make changes or improvements at any time.
THE CONTENTS ON THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRITTERS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CRITTERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRITTERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CRITTERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
14. Your Account
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Critters reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
15. Contact with Third Parties and Third Party Websites
The Services may contain hyperlinks to other websites and webpages ("Third-Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, "Third-Party Applications"). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Critters shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate the Company's approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party's participation or presence on the Services, are solely between you and the third party. Critters makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
Critters reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.
17. Modification or Suspension of the Services
You agree that Critters may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
19. Applicable Laws
20. Class Action Waiver; Mandatory Agreement to Arbitrate on an Individual Basis
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
21. Notice and Take Down Procedures
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may request removal of such content from the Services by contacting Critters at the address identified below and providing the following information:
Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work(s);
Identification of the content that you believe to be infringing, and its location. Please describe the content, and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
Your name, address, telephone number, and email address;
A statement that you have a good faith belief that the complained of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative; and
A signature or the electronic equivalent from the copyright holder or authorized representative.
Please send all notices (and counter-notices) to Critters' Owner at the following address:
Critters Exotic Pets
600 S. Valley Mills Dr
Waco, TX 76711
22. Changes to these Terms
We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the top of the statement. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on the Services. Your continued use of the Services after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Services.
23. Complete Agreement
Last updated: September 1, 2018
Information You Provide
We collect information from you when you choose to share it with us, such as through use of our Services, account registration, registration for one of our programs, and other ways you communicate with or contact us.
The information we collect may include your name, mailing address, email address, telephone or mobile number, date of birth or age, gender, or photograph, or information about your pet, and to generate a user name and password. You may also provide us with certain information in connection with specific transactions:
Make a Purchase. If you make a purchase from us, we collect applicable financial information to facilitate the transaction.
Information About a Third Party. If you send someone else a communication from the Site, the information you provide will be used to facilitate the communication.
Information Through Social Media. You may be given the option to link to one or more social networking platforms (such as Facebook or Twitter) through the Services, or log in via a social networking platform. If you do, we may automatically receive certain information about you based on your registration and privacy settings on those third party services.
Information Automatically Collected
For example, we may automatically collect certain information from you, including but not limited to your browser type, device type, operating system, Internet Protocol (“IP”) or Media Access Control (“MAC”) address, mobile device identifier or other unique device identifier of any of your computer(s) or device(s) that are used to access the Site or App, geolocation, software version, phone model, phone operating system, carrier information, and the domain name from which you accessed the Site or App. We also may collect information about your use of the Site or App, including the date and time you visit, the areas or pages that you visit, the amount of time you spend viewing or using the Site or App, the number of times you return to the Site or App, other click-stream or Site or App usage data, emails that you open, forward or click-through to our Site of App, and other sites or mobile applications that you may visit.
Information Collected From Other Sources
Combination of Information
We may combine the information we collect from and about you, including you provide to us and information we automatically collect, with information collected offline, across other computers or devices that you may use, and from third party sources.
How We Use Information
We may use information collected from or about you for any of the following purposes:
To validate, confirm, verify, deliver, install, and track your order (including to process payment transactions, arrange for shipping, handle returns and refunds, and contact you about your orders, including by email or telephone);
To enhance your online shopping experience, including as a way to recognize you and welcome you to the Site or App;
To review the usage and operations of our Services, develop new products or services, and conduct analysis to enhance or improve our content, products, and services;
To provide you with customized Services content, targeted offers, and advertising on the Site, via email, text message or push notification, or across other websites, mobile applications, social media or online services;
To contact you with information, deliver email communications, newsletters, promotional material, and other correspondence from Critters or on behalf of our partners and affiliates;
To communicate with you about our contests, sweepstakes and other promotions;
To communicate with you regarding your membership in one of our programs;
To use your data in an aggregated non-specific format for analytical and demographic purposes;
To protect the security or integrity of the Services and our business; or
For other purposes disclosed at the time you provide your information or otherwise with your consent.
Additionally, if you use our Services to connect with a third party service, you authorize us to use information from and about you, on your behalf, to interact with these third party services based on your requests.
Information We Share
We may disclose the information we collect from or about you either (i) when we have your permission to do so or (ii) in any of the following situations (without your permission):
Service Providers: We may share your information with third-party contractors and service providers that provide business, professional, or technical support functions for us, help us operate our business, or other activities in support of the Services and/or our businesses.
Veterinary Care Providers: We may share your and/or your pet’s information with another veterinary care provider, if doing so will help facilitate treatment of your pet (such as in the event your pet experiences a medical emergency).
Co-Branded Relationships: Certain areas of our Services may be provided to you in association with third parties, such as advertisers that provide products and services or rewards programs. We may share information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service.
Select Third Parties: We may share your information with select companies that we believe may have offers of interest to you.
Aggregate, Anonymous, or De-Identified Information: We may also share aggregate, anonymous, or de-identified information with third parties without restriction, including for their marketing or analytics uses.
Legal Matters; Compliance with Law: We may disclose information collected from or about you to the government or to other third parties to comply with the law, applicable regulations, governmental and quasi-governmental requests and investigations, court orders, subpoenas or other legal process, such as in connection with suspected illegal activity associated with any of the Sites or our business and to protect against harm to the Services, to us, or others. We reserve the right to release information collected through any of the Sites to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate.
Other: We also may share your information as disclosed to you at the time of collection.
Certain parts of our Site or App require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.
On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.
Transfer of Data from Outside the United States
If you use any of our Services from outside of the United States, information that we collect from or about you through the Services will be transferred to servers inside the United States and maintained indefinitely. By using the Services, you consent to the transfer of data about you into the United States, as well as the processing of such data in the United States.
Protecting children’s privacy is important to us. We do not direct the Site or App to, nor do we knowingly collect any personal information from, children under the age of thirteen. If Critters learns that a child under the age of thirteen has provided personal information to the Site or App, it will use reasonable efforts to remove such information from its files.
Third Party Content, Links, and Plug-Ins
The Site or App may have links to third-party websites or applications, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.
Any information you may disclose through our Services, in blogs, on discussion or message boards, in chat rooms, interactive forums, rating or reviews, or on other public areas on the Site or App, or other third-party websites that this Site or App may link to, becomes public information. Please exercise caution when disclosing personal or other information in these public areas.
Calling 254-420-2577; or Emailing us at email@example.com