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TERMS AND CONDITIONS OF USE
Please read this agreement (“Agreement”) carefully before accessing or using the Pet Mint, LLC Web site at www.smellgoodies.com (the “Site”). By accessing the Site, you agree to be bound by this Agreement. Pet Mint, LLC provides the information and services on the Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
Your use of the Site is subject to any additional disclaimers and notices that may appear throughout the Site.
Cancellation Policy
Because fulfillment of orders occurs very shortly after an order is placed, once an order has been submitted, it cannot be changed. Product may be returned within 30 days of the date of purchase in accordance with our Return Policy below.
Risk of Loss
When you order Smell Goodies online through the Site, you acquire title to the product, as well as all accompanying risk of loss, once your order has been delivered to the carrier by our fulfillment contractor in charge of preparing orders for shipping.
Return Policy
Merchandise purchased at www.smellgoodies.com may be returned within 30 days of purchase. Please follow the return instructions detailed on the packing slip. Pet Mint, LLC will not be responsible for return postage charges. If we made a mistake on your order or if the tablets arrived in damaged condition, your shipping will be reimbursed. Returns and exchanges generally require 1 to 3 weeks for processing. Credits for returns will be issued using the original form of payment.
Proprietary Rights
All materials on the Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to, Pet Mint, LLC. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the prior written permission of Pet Mint, LLC.
Without limiting the generality of the above, Pet Mint, LLC, Smell Goodies, and other logos, product and service names are trademarks and service marks owned by or licensed to Pet Mint, LLC, or its affiliates (the “Marks”). You agree not to display or use the Marks in any manner without the prior written consent of Pet Mint, LLC.
Prohibited Commercial and Noncommercial Uses
You may not license, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Site without the prior written permission of Pet Mint, LLC. You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other information gathering in connection with the Site.
Unlawful Use Prohibited
As a condition of your use of the Site, you warrant to Pet Mint, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these terms. If you violate these terms, your permission to use the Site automatically terminates without any notice from Pet Mint, LLC.
General Disclaimer
PET MINT, LLC AND ITS REPRESENTATIVES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED ON THE INFORMATION, PRODUCTS OR OTHER MATERIAL ON THE SITE. WHILE PET MINT, LLC STRIVES TO KEEP THE INFORMATION ON THE SITE ACCURATE, COMPLETE AND UP-TO-DATE, PET MINT, LLC AND ITS REPRESENTATIVES CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION.
Disclaimer of Warranties
WITHOUT LIMITING THE GENERALITY OF THE ABOVE, PET MINT, LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, RELATED GRAPHICS AND ALL OTHER CONTENT FOUND ON THE SITE, OR ABOUT THE LACK OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. ALL SUCH INFORMATION, PRODUCTS, SERVICES, RELATED GRAPHICS AND OTHER CONTENT FOUND ON THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY. PET MINT, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, PRODUCTS, SERVICES, RELATED GRAPHICS AND OTHER CONTENT FOUND ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS THAT MAY ARISE OUT OF OR RESULT FROM THE USE OF THE SITE, OF WHATEVER NATURE OR FORM, SHALL BE A FULL REFUND OF ANY MONIES PAID TO PET MINT, LLC FOR PRODUCT ORDERED THROUGH THE SITE.
Limitation of Liability
Because fulfillment of orders occurs very shortly after an order is placed, once an order has been submitted, it cannot be changed. Product may be returned within 30 days of the date of purchase in accordance with our Return Policy below.
Cancellation Policy
IN NO EVENT SHALL PET MINT, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE USE OR PERFORMANCE OF THE SITE, (2) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (3) ANY INFORMATION, PRODUCTS, SERVICES, RELATED GRAPHICS AND OTHER MATERIALS OBTAINED THROUGH THE SITE, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY SITE, OR (6) ANY OTHER MATTER RELATING TO THE SITE OR THE PRODUCT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY.
PLEASE NOTE THAT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE PRECEDING DISCLAIMER, EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. IN SUCH EVENT, PLEASE SEE THE SECTION BELOW ENTITLED "RESTRICTION ON USE BASED ON LOCATION".
Restriction on Use Based on Location
Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use.
Violation of These Terms and Conditions of Use
If Pet Mint, LLC determines that you have violated any provision of these Terms and Conditions of Use, Pet Mint, LLC has the right, in its sole discretion, to immediately restrict your access to or use of the Site and to pursue any and all of its legal remedies.
Indemnification
You agree to indemnify, defend and hold harmless Pet Mint, LLC, its parent and affiliates and each of their members, managers, officers, directors, employees, representatives and agents from and against any and all claims arising from your use of the Site.
Links To Third Party Web Sites
The Site may contain hyperlinks to Web sites operated by parties other than Pet Mint, LLC or its affiliates. Such hyperlinks are provided for your reference only. Pet Mint, LLC does not control such Web sites, and is not responsible for their content. Inclusion of hyperlinks by Pet Mint, LLC to such Web sites does not imply any endorsement of the materials on such sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Pet Mint, LLC Privacy Policy is applicable only when you are on the Site, once linked to another Web site, you should read that site’s privacy policy before disclosing any personal information.
Confidential Information
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Except as discussed in the Pet Mint, LLC Privacy Policy, the Site does not use security encryption measures. Therefore, information that you disclose by use of the Site by posting a message or using email, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while we strive to protect your personal information, Pet Mint, LLC cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Amendments to These Terms and Conditions of Use
From time to time, it may be necessary for Smell Goodies to amend these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use so that you will be aware of any changes. Please note that your continued use of the Site means that you accept the amendments to these Terms and Conditions of Use.
Governing Law
This Agreement and its performance are governed by the laws of the State of Hawaii and the United States of America, without regard to any conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the City & County of Honolulu, State of Hawaii, United States of America, for all disputes and issues regarding your use of the Site and your compliance with these Terms and Conditions of Use.
Severability
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions of Use will remain unaffected.
Headings
The headings in these Terms and Conditions of Use are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Use.
Entire Agreement
These Terms and Conditions of Use and any other policies and/or guidelines referred to herein constitute the entire agreement between you and Pet Mint, LLC regarding the Site, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to the Site.
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