Terms and Conditions
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1. Agreement to Terms
By accessing or using Happy Tails Market ("Website," "Service," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to modify or replace these Terms at any time at our sole discretion.
2. Use License
Permission is granted to temporarily access the materials (information or software) on Happy Tails Market for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials
- Use the materials for any commercial purpose or public display
- Attempt to decompile or reverse engineer any software contained on the Website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Happy Tails Market at any time.
3. User Accounts
When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
4. Products and Services
All products and services offered through Happy Tails Market are subject to availability. We reserve the right to discontinue any product or service at any time without notice.
Product descriptions, pricing, and availability are subject to change without notice. We make every effort to display product colors and images accurately, but we cannot guarantee that your device's display will accurately reflect the actual product colors.
We reserve the right to limit the quantities of any products or services that we offer. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
5. Pricing and Payment
All prices are listed in United States dollars unless otherwise specified. We reserve the right to change prices at any time without prior notice. The price charged will be the price in effect at the time the order is placed.
Payment is due at the time of purchase. We accept various forms of payment as indicated on our Website. You represent and warrant that you have the legal right to use any payment method provided.
If we discover that a pricing or other error has occurred, we reserve the right to cancel any orders affected by such errors, whether or not the order has been confirmed and your payment method charged.
6. Shipping and Delivery
Shipping costs and delivery times vary based on the destination and shipping method selected. We are not responsible for delays caused by shipping carriers or circumstances beyond our control.
Risk of loss and title for items purchased from Happy Tails Market pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages once they have been delivered to the carrier.
7. Returns and Refunds
Our return and refund policy is detailed separately on our Returns Policy page. By making a purchase, you acknowledge that you have read and agree to our return and refund policies.
We reserve the right to refuse returns that do not meet our policy requirements or that we suspect are fraudulent or abusive.
8. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Happy Tails Market and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks, trade dress, and logos may not be used in connection with any product or service without the prior written consent of Happy Tails Market. All other trademarks not owned by Happy Tails Market that appear on this site are the property of their respective owners.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms.
9. User-Generated Content
Users may post reviews, comments, and other content, and submit suggestions, ideas, or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
By posting content on the Website, you grant Happy Tails Market a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
We reserve the right to remove any user-generated content at any time without notice and for any reason, including but not limited to violations of these Terms or applicable laws.
10. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- To impersonate or attempt to impersonate Happy Tails Market, an employee, another user, or any other person or entity
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
- To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose
- To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- To attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service
- To engage in any form of automated data collection, including scraping, data mining, or harvesting
11. Disclaimers and Limitation of Liability
11.1 Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HAPPY TAILS MARKET AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We make no warranty that the Service will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or that the results obtained from use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Happy Tails Market or through the Service will create any warranty not expressly stated in these Terms.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAPPY TAILS MARKET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HAPPY TAILS MARKET IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless Happy Tails Market and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Service
- Your violation of any rights of another
- Your conduct in connection with the Service
13. Third-Party Links and Services
The Service may contain links to third-party websites or services that are not owned or controlled by Happy Tails Market. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Happy Tails Market shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
14. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
15. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United States and the state in which Happy Tails Market operates, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in our operating jurisdiction, and you consent to personal jurisdiction in those courts.
16. Dispute Resolution
16.1 Informal Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, you and Happy Tails Market agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.
16.2 Binding Arbitration
If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
16.3 Class Action Waiver
YOU AND HAPPY TAILS MARKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
18. Privacy
Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. By using the Service, you agree to be bound by our Privacy Policy.
19. Electronic Communications
By using the Service, you consent to receive electronic communications from Happy Tails Market. These communications may include notices about your account, transactional information, and promotional messages. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
20. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by Happy Tails Market on the Service, shall constitute the entire agreement between you and Happy Tails Market concerning the Service.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
21. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Happy Tails Market's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
22. Contact Information
If you have any questions about these Terms, please contact us:
23. Acknowledgment
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY HAPPY TAILS MARKET, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.