WELCOME TO “MYPETNECESSITY.COM”

The Website is provided by MY PET NECESSITY (referred to throughout these Terms and Conditions as “My Pet Necessity”)

The following rules govern your use of this site.

Please note that your use of this website is governed by these Terms and Conditions.

Your use of this site constitutes your unconditional consent and agreement to follow these Terms and Conditions and be bound by them. If you do not agree with any of these Terms and Conditions, do not use this site.

Please note, you may decide to “bookmark” portions of this Site, thus, bypassing these Terms and Conditions, nevertheless your use of this Site still binds you to these Terms and Conditions.

BY ACCESSING AND USING THIS WEBSITE YOU AGREE AND CONSENT TO THE TERMS AND CONDITIONS OF THIS SITE, AS WELL AS ANY AND ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA.

TERMS OF USE

By accepting these Terms and Conditions through your use of this Site, you certify that you reside in the United States and are 18 years of age or older. If you are under the age of 18 but at least 14 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. My Pet Necessity does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 14 and 18, please be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

If you do not agree to (or cannot comply with) any of these Terms and Conditions, please do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you because of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of My Pet Necessity, or its suppliers and are protected by U.S. and international intellectual property laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

When you provide us with your mobile phone number, you agree that we may send SMS (Short Messaging Service) text messages to that number. Consent is not a condition of service, and message and data rates may apply. Simply text STOP to 570.701.8121 to unsubscribe from our list.

Third Party Sites: References on this Site to any names, marks, products, or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply My Pet Necessity’s endorsement, sponsorship or recommendation of the third party, its information, products or services. My Pet Necessity is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

SITE SECURITY

Attempting to violate the security of the Site is prohibited, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to 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; (e) attempting to obtain products not properly ordered or fully paid for; (f) harassing the site owner or its users; or (g) 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. My Pet Necessity will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in any 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 and other than generally available third-party web browsers (e.g., Chrome, Firefox or Microsoft Edge).

ORDERS AND ACCEPTANCE

Please note that sometimes there may be certain orders we are unable to accept. We hereby reserve the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance system. From time to time, we may require additional information and identification before accepting an 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.

PRICING AND CONTENT INFORMATION

We strive to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. My Pet Necessity cannot confirm the price of an item until after you order. If an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.

If an item is mispriced, we may, in our sole discretion:

If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Prices subject to change without notice.

Merchandise Content: My Pet Necessity attempts to be accurate in its product descriptions. However, My Pet Necessity does not warrant that product descriptions or other Content on this Site is accurate. Some content may be inaccurate or incomplete. If you happen to find a product that is not as described, your sole remedy is to return the product in unused condition.

Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that My Pet Necessity shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Medical and/or Pharmaceutical Content: All medical content, including, but not limited to, vaccine information, flea and tick information, and drug interaction information, provided by My Pet Necessity in any part of this Site is for educational purposes only. Such content is not intended to substitute the diagnosis, treatment and observation/diagnosis of a physician or veterinarian or other appropriate medical professional as the case may deem. Content does not cover all precautions, side effects and interactions, and should not be construed to indicate the safety of a medical device or drug. Consult your medical professional for guidance before using any drugs. Proper treatment of any condition depends on a variety of health factors and can only be assessed correctly by a health care provider. Before administering any drug, or using any medical device, please check product information (including package inserts) regarding dosage, precautions, warnings, and interactions. All content, provided on this site is for educational purposes only. Such content is intended to supplement, not substitute, the diagnosis, treatment, and advice of a medical professional.

NUMBER OF ITEMS

My Pet Necessity reserves the right, in its sole discretion, to determine and limit the number of items purchased per order, per household, or per person. These restrictions may be applicable to orders placed by the same account, the same credit card, and to orders that use the same billing and/or shipping address. All offers are void where prohibited.

EXPORT

Some items sold by My Pet Necessity cannot be shipped internationally due to import restrictions or size. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country.

INTELLECTUAL PROPERTY, COPYRIGHTS, TRADEMARKS AND PATENTS

All Content on My Pet Necessity site, including for example all the page headers, images, illustrations, graphics, audio clips, animation, sounds, video clips and text, are subject to intellectual property rights held by My Pet Necessity. These contents may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.

The Content of this website, and the site as a whole is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you because of any such downloading. My Pet Necessity reserves complete title and full intellectual property rights in any Content you download from this website.

My Pet Necessity and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of My Pet Necessity intellectual property rights.

My Pet Necessity owns the copyrights in the selection, coordination, and arrangement of the materials on this Site. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Content without first obtaining written permission from My Pet Necessity.

SUBMISSIONS, REVIEWS AND FEEDBACK

Product Review FAQs

We thank you for your comments regarding this website. Please note that by submitting any comments, feedback, reviews, letters, suggestions, ideas, and/or all other submissions submitted or offered to My Pet Necessity, whether through this Site, by telephone, by e-mail or otherwise submitted or offered, you hereby grant My Pet Necessity a royalty-free, irrevocable, transferable right and license to use such comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form.

My Pet Necessity will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. My Pet Necessity is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that any comments submitted by you to us will not violate the terms in this Terms and Conditions or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.

My Pet Necessity comment, blog and review services are available to our users subject to the following guidelines. Out of respect for all our users, we ask that you do not use obscene, profane, or threatening language in your messages or comments. We also ask that you do not submit or post photos, videos or other content that includes obscene, profane, or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:

The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or My Pet Necessity rule or policy.
The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
The impersonation of any person or entity in any part of a gift message
Any material that contains software viruses, political campaigning, commercial solicitation, mass mailings or any form of SPAM.
You are solely responsible for the content of any messages and/or images you submit, and My Pet Necessity assumes no liability for any content submitted by you. My Pet Necessity is not responsible for the content of any messages and/or images you submit and assumes no liability for any content submitted by you. We do not regularly review posted comments and are not obligated to restrict or remove any content from a message, nevertheless we reserve the right to monitor and edit or remove any comments submitted to this site.

You are and shall remain solely responsible for the content of any comments you make, and you agree to indemnify My Pet Necessity for all claims resulting from any comments you submit. My Pet Necessity takes no responsibility and assume no liability for any comments submitted by you or any third party.

Any content you submit is for non-commercial use only. You must provide your actual e-mail address to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy about any content you submit.

COLORS

We strive to accurately display the colors of our products. However, as the actual colors you may see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless My Pet Necessity from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.

TERMINATION

These Terms and Conditions are effective until terminated by either you or My Pet Necessity. You may terminate these Terms of Use at any time, if you discontinue any further use of this Site. The following sections shall survive any termination of these Terms and Conditions: “Site Security,” “Pricing and Content Information,” “Number of Items,” “Intellectual Property, Copyrights and Trademarks,” ” Submissions, Reviews and Feedback,” “Indemnification,” “Termination,” “Immediate Termination,” “Disclaimer” “Limitation of Liability,” “Jurisdiction,” “Export,” “Gift Cards/eGift Cards,” “Enforceability,” and “Entire Agreement.”

IMMEDIATE TERMINATION

My Pet Necessity reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to any My Pet Necessity site, if in our sole discretion you fail to comply with any Terms and Conditions set forth herein. Further, we reserve the right to refuse working with any user(s) who violates our Terms and Conditions.

DISCLAIMER

This site is provided by My Pet Necessity on an “as is” “as available” basis. My Pet Necessity makes no representations or warranties of any kind, express or implied, as to the operation of the site; or the information, content, materials, or products included on this site. To the full extent permitted by applicable law, My Pet Necessity disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk and that My Pet Necessity will not be liable for any damages of any kind arising from the use of this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these terms of use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. Without limiting the foregoing, My Pet Necessity does not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error. Without limiting the foregoing, My Pet Necessity disclaims any liability as to the accuracy or completeness of each item description. All product descriptions originate from the manufacturer of the item. My Pet Necessity makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. My Pet Necessity assumes no risk or responsibility for your use of any of the content provided on this website.

Merchandise and Content Disclaimer: product information obtained through this website is obtained from claims made by the product’s manufacturer. On occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on this web site, thus we do not guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. My Pet Necessity assumes no liability for inaccuracies or misstatements about products.

DISCLAIMER ON CUSTOMER REVIEWS

Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer’s results and experiences only and are not verified or endorsed by My Pet Necessity.

DISCLAIMER ON MEDICAL CONTENT

My Pet Necessity provides information on the website for informational purposes only and does not guarantee the accuracy, completeness, reliability, usefulness, timeliness, or correctness of the information provided. Medical content is provided by product suppliers and is not verified or endorsed by My Pet Necessity. The information is for educational purposes only and should not be used as a substitute for the diagnosis, treatment, or advice of a medical professional. The site and its services are provided “as is” without warranty of any kind and My Pet Necessity assumes no responsibility for any consequence, damage, or loss that may result from using the information, services, or other material on the site. Use of the site is subject to additional disclaimers that may appear throughout the site.

LIMITATION OF LIABILITY

Under no circumstances, or under any legal or equitable theory, whether in contract, tort, strict liability or otherwise, will My Pet Necessity or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any direct or indirect losses or damages, whether special, incidental or consequential or otherwise arising out of or in connection with the use of, inability to use, or malfunction of this website. You, the user, will be solely responsible for any damage, or loss of data to your computer system or other property that results from the use of this site, including the downloading of any material. My Pet Necessity will not be liable for any damages of any kind arising from the purchase or use of products offered for sale on this site, including but not limited to direct, indirect, incidental, punitive and consequential damages. Some states may limit the ability of vendors to disclaim implied warranties; therefore the language of this paragraph may not apply to you.

This comprehensive limitation of liability applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of My Pet Necessity has been advised of or should have known of the possibility of such damages.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of My Pet Necessity under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).

If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk.

ENFORCEABILITY

If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of My Pet Necessity to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver of any nature and shall not limit My Pet Necessity’s rights with respect to such breach or any subsequent breaches in any way.

JURISDICTION

These Terms and Conditions shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the use of this Site, or these Terms and Conditions must be brought in the state or federal courts of California and you hereby consent to the exclusive personal jurisdiction of such courts.

ENTIRE AGREEMENT

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

TERMS & CONDITIONS MAY CHANGE

My Pet Necessity reserves the right to update or modify these Terms and Conditions at any time without prior notice. Use of this website by you following any such change constitutes your agreement to follow and be bound by the modified Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this website so that you have reviewed the most current version.

In the event that any provision of the Terms and Conditions conflict with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.