Terms of Use

General

    Thank you for visiting MightyPets.com, Inc. We want your experience as our guest to be the best it can be so please review our Terms and Conditions of Use. By accessing our stores you expressly agree and consent to all the following terms and conditions.

Minimum Age Requirement

    All products sold through our stores are for purchase by adults. Persons less than 18 years of age may make purchases from our stores and catalogs only with the involvement of a parent or guardian.

Website Admission and License

    A limited license granted by MightyPets.com allows for restricted access to our stores for personal use, which means, without express written consent from MightyPets.com, modifications and/or downloading (except for page caching) of content from our stores is forbidden. Not included in this restricted license is the collection and use of any product descriptions, prices, or listings; any derivative use of our stores or other content; any commercial use or resale of our stores or other content; any use of data mining, robots, or similar culling and information collection devices. No portion of our stores or other content may be copied, duplicated, reproduced, visited, sold or resold, or otherwise exploited for any commercial purpose without express written consent of MightyPets.com. Restricted, nonexclusive, and rescindable rights to create a hyperlink to the homepage of any of our stores is permissible so long as the link does not portray MightyPets.com, our products or our affiliates in a derogatory, false, misleading or otherwise repugnant matter. No part of that link can use any logo or other proprietary graphic or trademark of MightyPets.com. Without express written consent, you may not frame or use framing techniques to enclose any content, trademark, logo, or other content of MightyPets.com and our affiliates. Any unauthorized use of our stores terminates the permission or license granted by MightyPets.com

Pricing

    We reserve the right to change any price at which we offer goods or services and to correct any errors in the pricing contained in our stores. We shall have no liability for any such changes or errors and are not bound to fulfill orders at old or erroneous prices.

Transfer of Risk and Title

    Upon the delivery of your purchase from MightyPets.com to the shipping company, the risk of loss and title for your purchase passes to the carrier.

Challenge of Service

    If for some reason there is a disagreement relating to the products you have purchased through our stores the challenge of service can be submitted to confidential arbitration in Los Angeles, CA. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use, whether through class arbitration proceedings or otherwise.

E-mails, E-cards, Content, Comments and other Communications

    MightyPets.com encourages comments, suggestions, sending of messages, posting of stories and reviews and other communications from and amongst our guests and their friends. You guarantee and depict that any review, comment, suggestion, message and other communication you submit is accurate, solely owned or controlled by you, that it does not violate these Terms and Conditions of Use, that you will indemnify MightyPets.com and its affiliates from all claims resulting from the use by MightyPets.com of content or communications you’ve provided. Unless otherwise noted, when you submit any content to us you grant an irrevocable, nonexclusive, perpetual, royalty-free and fully sublicensable right to modify, adapt, distribute, display, translate, create derivative works from, use, reproduce, and publish such content throughout the world in any media. By submitting such content or communications to us, you also cede the right (see our privacy statement) to MightyPets.com and its affiliates and any sublicensees to identify you as the author of such content or communication. However, if any such communication is deemed illegal, defamatory, obscene, injurious, threatening, an infringement of intellectual property, or otherwise harmful to MightyPets.com, to our affiliates or any third parties, MightyPets.com reserves the right (but not the obligation) to not publish or otherwise communicate such content. MightyPets.com has the right, but not the obligation, to monitor any activity and to remove any content from its stores. MightyPets.com e takes no responsibility and assumes no liability for any content posted by you or any third party.

Contents and Graphics

    We are committed to correcting any graphical, textual, or factual errors in our content. Whether it is a misspelled word, broken link, or a missing or incorrectly matched photo, please notify us and we will do our best quickly to rectify any errors. MightyPets.com does not warrant that our product descriptions or other content are current, reliable, accurate or complete. If you feel a product received by you from MightyPets.com is not as it is described, your only course of action is to return the item in unused condition.

Other Websites

    Businesses other than MightyPets.com may offer services and products on or through our stores. We may also provide links to other websites which are not owned or operated by MightyPets.com. When visiting these other websites, you should thoroughly review their policies. MightyPets.com is not responsible for the inspection or evaluation of these websites and we do not warrant the offerings of any of these enterprises or individuals or the content of their websites. Therefore, MightyPets.com does not assume any responsibility or liability for actions, product and content relating to these or any other enterprises or individuals.

Copyright

    Content generated by MightyPets.com, such as text, web pages and e-mail communications, banner advertisements, graphics, photography, logos, button icons, images, video, audio clips and software, is the property of MightyPets.com or its content suppliers, and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content in our stores is the exclusive property of MightyPets.com and is protected by U.S. and international copyright laws. All software used to present and manage our stores is the property of MightyPets.com or its software suppliers and protected by U.S. and international copyright laws. You may use the content and software published on our stores as a shopping and information resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of our content or software is strictly prohibited.

Trademarks

    All trademarks, service marks, and trade names employed by MightyPets.com are proprietary to MightyPets.com or other respective owners that have granted MightyPets.com the right and license to use such trademarks, service marks, and trade names, and are protected by U.S. and international trademark laws. MightyPets.com LOGO is a registered trademark of MightyPets.com in the United States. Without express written consent, MightyPets.com trademarks may not be used in connection with any product or service that is not MightyPets.com, in any manner that is likely to cause confusion among our customers or guests, or in any manner that disparages or discredits MightyPets.com. The use of meta tags or any other concealed text or search words exploiting the name or trademarks of MightyPets.com is expressly forbidden. To the extent you have in any manner violated or threatened to violate MightyPets.com intellectual property rights, MightyPets.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Any other trademarks that appear in our stores that aren’t owned by MightyPets.com is the property of their respective owners, who may or may not be associated with MightyPets.com or its subsidiaries.

Disclaimer

    Our stores are provided on an "as is" basis. MightyPets.com makes no representations or warranties of any kind, express or implied, as to the operation of our stores, the information, content, materials or products, included in our stores. Price and availability information is subject to change without notice. All orders are subject to acceptance, verification and confirmation by MightyPets.com. To the full extent permissible by applicable law, MightyPets.com disclaims all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose. MightyPets.com will not be liable for any damages of any kind arising from the use of our stores, including but not limited to direct, indirect, incidental, punitive and consequential damages. MightyPets.com does not guarantee that our stores, servers or e-mail sent from or through us or our stores are free from viruses or other injurious elements. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion.

Applicable Law

    By visiting our stores you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and MightyPets.com or its affiliates.

Severability

    If any of these Terms and Conditions of Use shall be regarded as invalid, void, or for any reason unenforceable, that terms or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

Modification and Termination

    MightyPets.com may modify or terminate these Terms and Conditions of Use at any time and may do so immediately without notice or cause. Information collected under prior policies will be subject to the modified policies. MightyPets.com may also withdraw any rights it has granted to you and deny you access to our stores. In such event you must promptly destroy all materials downloaded or otherwise obtained from our stores, as well as all copies of such materials, whether made under the terms of these Terms and Conditions of Use or otherwise.