Effective Date: December 2, 2016
Subject to reasonable notice to you and your acceptance, evidenced by your conduct or otherwise, Sergeant’s reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time.
If you have questions or comments about a Sergeant’s product, you may call 1-800-224-7387. If you have other questions or comments about this Site, you may contact us at email@example.com or 1-800-224-7387.
While we work to ensure that product information is correct, actual product packaging and materials may occasionally contain more and/or different information than that shown on our Site. We recommend that you do not solely rely on the information presented online and that you always read labels, warnings, and directions on product packaging before using or consuming a product. For additional information about a product, please call the phone number listed on the product’s label.
If you believe your pet is experiencing a medical emergency, please contact your local veterinarian immediately. This Site does not provide medical advice. Content on this site is for reference purposes and is not intended to substitute for advice given by a veterinarian or other licensed pet-care professional. Contact your veterinarian if you have questions about a pet’s medical condition or use of any medications or supplements.
Unless otherwise specified, offers and promotions on this Site, including are subject to modification or termination by Sergeant’s at any time.
This Site (including the software and files) and content provided on this Site, including the text, graphics, images, photographs, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Sergeant’s or are licensed to Sergeant’s, and are protected by law, including United States copyright, database, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in these Terms and Conditions, Sergeant’s does not grant any express or implied rights to you. The contents of this Site are copyright 2016 Sergeant’s Pet Care Products, Inc. All rights reserved. Sergeant’s also owns copyright rights in the Site as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Unless otherwise noted, Sergeant’s and other brands featured on the Site constitute our (or our affiliates’) trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or Sergeant’s ownership of, such copyrights, trademarks or any other Sergeant’s intellectual property, or assist any third party in doing so. The Site may also include the product, service and company names, as well as logos, of third parties. Such third party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
When you visit the Site or send emails to Sergeant’s, you are communicating with Sergeant’s electronically. You consent to receive communications from Sergeant’s electronically. Sergeant’s will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Sergeant’s grants you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal and non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to Sergeant’s in a form and manner acceptable to Sergeant’s. You may not use Content in any manner that suggests the endorsement or association of any third party entity, person, product or service by Sergeant’s unless express written permission has been given by Sergeant’s in advance. You may not under any circumstances copy, print or download in any medium all or substantially all of the Content. You agree not to reproduce, duplicate, copy, sell, resell, use, access or exploit the Site or any information from the Site for any commercial purpose. You agree not to access the Site by any means other than through the interface that is provided by Sergeant’s for use in accessing the Site. You may not remove copyright notices or other notices of intellectual property rights from the Site or any content available on or through the Site.
Any unauthorized use of this Site or the Content will terminate the permission granted by these Terms and Conditions and may violate applicable laws and regulations, including copyright and trademark laws.
You represent and warrant to Sergeant’s that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use.
You further represent that you will not post, store, transmit, or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by these Terms and Conditions, including but not limited to materials that (a) impersonate any individual or business (including but not limited to Sergeant’s); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) are unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any person; or (f) consist of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
Sergeant’s may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that Sergeant’s, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Sergeant’s or any third party service provider.
Sergeant’s makes reasonable efforts to provide accurate information about product availability on the Site. Nevertheless, availability errors may appear on the Site. Accordingly, Sergeant’s does not guarantee the availability set forth on the Site.
Your access and use of this Site and any other site on the internet, including the products, goods, materials, information, services, and any other resources contained in, offered, or provided in connection with them, is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Sergeant’s has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the internet cannot be guaranteed. Sergeant’s shall have no liability for interruptions or omissions in internet, network or hosting services. To the maximum extent permitted by law, you assume the sole and complete risk of using this Site.
Sergeant’s may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the internet for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications, or services does not imply endorsements of any kind, unless expressly stated by Sergeant’s. Any such information, products or sites have not necessarily been reviewed by Sergeant’s and are provided or maintained by third parties over which Sergeant’s exercises no control. In addition, to the extent that they were reviewed by Sergeant’s, Sergeant’s undertakes no responsibility for continually monitoring such sites; the material at a site when Sergeant’s viewed it may differ materially from when you do. Accordingly, Sergeant’s expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party sites.
You agree to remove any link from your website or any other internet location to the Site upon Sergeant’s request. Deep linking to internal pages of the Site is expressly prohibited.
You expressly absolve and release Sergeant’s, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
ALL PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, AND OTHER RESOURCES PROVIDED OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING ALL OF ITS CONTENT, ARE PROVIDED BY SERGEANT’S ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. SERGEANT’S MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, ANY SITE CONTENT, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, OR SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE. NO INFORMATION CONVEYED (WHETHER ORALLY OR IN WRITING) BY SERGEANT’S, ITS AFFILIATES, RELATED COMPANIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LEGAL REPRESENTATIVES, ATTORNEYS, AGENTS, SUCCESSORS, OR ASSIGNS REGARDING ANY PRODUCTS, GOODS, MATERIALS, INFORMATION SERVICES, OR OTHER RESOURCES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE SHALL CREATE SUCH A WARRANTY. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SERGEANT’S MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE, THE CONTENT IT PROVIDES, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SERGEANT’S BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE, THE CONTENT IT PROVIDES, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT, OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES, OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SERGEANT’S HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, SERGEANT’S DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE, SITE CONTENT, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE. FURTHER, IF A THIRD PARTY OTHER THAN SERGEANT’S PROVIDES PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE, SERGEANT’S DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES BASED ON OR ARISING OUT OF SUCH THIRD PARTY’S PROVISION OF PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Sergeant’s, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of this Site or any breach by you of these Terms and Conditions.
Certain pages on the site may enable you to rate and review products. In addition, Sergeant’s welcomes your feedback and suggestions about how to improve this Site, as well as other submissions related to this Site and any products or services offered in connection with this Site. Any reviews, ratings, ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, or through other forms of communication such as mail or email, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Sergeant’s to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. Sergeant’s may, but will not be obligated to, use and/or provide any author attributions related to any Submissions.
Sergeant’s is not responsible for, and does not endorse, Submissions posted by individuals on the Site. Accordingly, Sergeant’s may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Submission posted by you or another individual. If you think anyone is violating these Terms and Conditions, please contact us by sending an e-mail to firstname.lastname@example.org.
Sergeant’s reserves the right to block or remove Submissions that Sergeant’s, in its sole discretion, determines to be: (a) fraudulent, deceptive or misleading; (b) defamatory, abusive, or obscene; (c) in violation of any law or regulation; (d) in violation or alleged to be in violation of any third party’s rights; (e) describing an off-label use; or (f) otherwise unacceptable to Sergeant’s for any reason.
If you believe any Submission posted by a third party infringes your copyrights, you may request that we remove the Submission (or disable access to the Submission) by contacting us and providing the following information:
Send this information to us by email at email@example.com.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of members who are repeat infringers.
By visiting this Site, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern this Site, the Terms and Conditions, and any dispute that might arises between you and Sergeant’s. You agree to submit to the jurisdiction of the state and federal courts in Michigan for the purpose of any judicial proceedings relating to or arising from these Terms and Conditions or the Site. Any such dispute shall be brought before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan, Southern Division. The parties hereby waive any objection based on inconvenient forum.
You and Sergeant’s agree that the sole and exclusive forum for any dispute relating to these Terms and Conditions or in any way to your access or use of the Site shall be confidential, final and binding arbitration. Before resorting to this alternative, we strongly encourage you to first contact us directly to seek a resolution at 1-800-224-7387 or firstname.lastname@example.org.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (“AAA”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with AAA rules and limitations. 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 shall be joined to an arbitration or claim involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. In no event shall any claim, action or proceeding by you in any way related to the Site be instituted more than one (1) year after the cause of action arose.
Sergeant’s reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate these Terms and Conditions.
Failure to insist on specific performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Sergeant’s of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
No joint venture, partnership, employment, agency, or other relationship exists between you and Sergeant’s as a result of these Terms and Conditions or your use of this Site. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.