Terms and Conditions
Pooch Patch Inc. ("Company," "we," or "us") provides access to information through our website accessible at the URL http://www.poochpatch.ca/ (the “Site”) and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you only under the following terms and conditions (the "Terms").
PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOUR ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
ACCESS TO OUR ONLINE SERVICES AND TOOLS
In order to use certain features of the Site or Services, you must register for an account with Company (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to Features of Online Services
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to (a) access and use the Site and Services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools") (if any). The Downloadable Tools are deemed part of the “Service”. Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.
3. General Restrictions on Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services (including the Downloadable Tools) only for your personal, non-commercial purposes. You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Site and the Services (including the Downloadable Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Downloadable Tools) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
4. Use of Third-Party Offerings
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Copyright © 2012, DoggieLawn LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
6. User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
8. Acceptable Use Policy
The following sets forth Company’s “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.
10. Other Users
Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
11. Release You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12. TERMS AND CONDITIONS OF SALE
12.1 Products and Pricing
All products, listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we will issue a credit to your account in the amount charged for the cancelled portion (if your credit card has already been charged for the order).
12.3. Payment & Billing Terms
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product that auto-renew periodically (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Please note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. Company will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. Your Subscription will be billed seven business days prior to the start of your next shipping cycle. The price of Product is payable in full before shipment. You agree to contact Company if you are unclear about your next renewal dates. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company. All payments are NON-REFUNDABLE (except as expressly set forth in this Section II). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts. Company reserves the right, at any time, to modify, suspend, or discontinue payment dates with or without notice.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, Customer grants Company the right to store and process Customer information with the third party payment service, which it may change from time to time; Customer agrees that Company will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding Customer information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that Company may change the third party payment service and move Customer information to other service providers that encrypt Customer information using secure socket layer technology (SSL) or other comparable security technology.
12.4. Shipping Policy
Products will be shipped out Monday through Wednesday according to the frequency specified to the address you submit when placing your order. Should the shipment date fall on a Canadian national holiday or product inventory is affected by weather related issues, Company reserves the right to change the shipment (and subsequent payment) date with or without notice. The shipment date will be determined according to the date of the Customer's shipping cycle. Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Currently, we ship to the CANADA only. Company reserves the right to charge an additional $20 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the Company or otherwise. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate. Customer agrees to pay a $20 address correction fee for any shipments in transit that require an address correction by the carrier due to an incorrect address (i.e. - missing suite or apartment number, incorrect street number, incorrect zip code, incorrect street, missing building number, etc) in which the correction fee will be charged on the credit card provided to Company by Customer.
12.5. Cancellation Policy
You may cancel your membership (subscription plan) at any time. When you cancel you will continue to receive any products that you have already been billed for prior to your cancellation date, unless otherwise requested by yourself. Pooch Patch DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY SHIPPED PRODUCTS. To cancel, email firstname.lastname@example.org (ONE BUSINESS DAY prior to your next bill date).
12.6. Product Refund, Variation and Insect Policy
Pooch Patch Inc. ships a perishable product. Our grass, like floral or other plant shipments, is inherently perishable. As such, we cannot honor refunds on shipped items. Additionally, as it is a living plant, slight variations in color, texture, length, weight, moisture content, odor, thickness, insect content, microbe content, mold content, size, feeling, species and a multitude of other aspects cannot be controlled and the variation thereof does not constitute grounds for refunds.
12.7. End User Representations and Acknowledgement
Many pet owners procure pieces of living grass from farms to place in their homes for their dogs to use as a toilet. Pooch Patch Inc. is a service that makes the process of procuring living grass simple and easy. Pooch Patch Inc. grass is grown, like all sod, on a sod farm where the grass is grown outdoors in the farm's natural environment. Furthermore, the grass is subject to all the processes, techniques and occurrences that happen while growing sod; such as the use of fertilizer, compliant use of pest control measures, the occasional accidental inclusion of debris, the variable use of irrigation, and the exposure to naturally occurring animal and microbe populations. By purchasing or receiving a Pooch Patch Inc. living grass product, the buyer or recipient acknowledges that they are receiving a living piece of grass grown outdoors on a farm in the natural environment, as such there may be dirt or fertilizer, weeds, residual pesticides, debris, extra water, insects or other living organisms in the product. THE END USER REPRESENTS AND ACKNOWLEDGES THESE FACTS, AND POOCH PATCH DISCLAIMS ANY RESPONSIBILITY FOR ANY AND ALL HARMS THAT MAY ARISE FROM THE PRESENCE OF GRASS, WEEDS, ROOTS, DIRT, FERTILIZER, RESIDUAL PEST CONTROL MEASURES, PESTICIDES, ANY FORM OF DEBRIS, ANY AMOUNT (OR LACK) OF WATER CONTENT AND ASSOCIATED WEIGHT, ANIMALS, INSECTS, BACTERIA, VIRUSES OR OTHER LIVING ORGANISMS.
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
13. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
13.1. Limited Warranties
THE SERVICE, THE SITE (INCLUDING THE DOWNLOADABLE TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE OF ANY KIND. THE Company, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “Company PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND Company. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Company OR ANY PERSON ON BEHALF OF Company SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION IV.A. SHALL EXCLUDE OR LIMIT THE Company PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
13.2. Limitation Of Liability
13.2.a – IN NO EVENT SHALL ANY Company PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A Company PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2.b – IF, NOTWITHSTANDING THE FOREGOING, A Company PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT Company PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Company FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
13.2.c – NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY Company PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH Company PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
14. TERM AND TERMINATION
These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (which ever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Service (if any). You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.C, I.D, I. E, II, III.A., IV, VI, and VII will survive the termination of these Terms.
15. COPYRIGHT POLICY
Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Email inquires to: email@example.com
16,17. Modifications to Terms
18. Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section V.
19. General Terms
20. Sharing Content on Our Website or Other Social Media Pages
21. Registration and Membership; Product Sales
As a registered user of Pooch Patch, you agree to receive emails promoting any special offer(s), including third party offers, and product information. We may from time to time send you our monthly newsletter. You may opt-out from receiving communication from us by selecting unsubscribe in the applicable e-mail correspondence.
Pooch Patch Inc. offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Pooch Patch Inc. products indicates your agreement to these terms. If you do not wish to agree to these terms, please do not purchase the product.
This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.
Warnings & Use Limitation
This product is NOT designed or manufactured for use by persons or any animal aside from a household dog or cat weighing less than 90 lbs. Owner supervision is required when product is in use by the pet. The pet should not wear a collar or harness when using the product to avoid catching on the railings or other obtrusions that could result in choking or death, and the pet should not be left alone in the vicinity of the product while wearing a collar or harness. The pet’s nails should be kept trimmed to a reasonable shortness to avoid catching in any part of the product. Pets should not be encouraged, trained, or allowed to run, play, or jump on or off the product. Extra consideration, training, monitoring, and assistance should be given to animals that are elderly, physically limited, or are new/timid to using the product. Animals in wheelchairs should NOT be allowed on any of Pooch Patch Inc. products. At no time should more than one animal be allowed on the patch at the same time. The product is solely designed to assist animals deification and urination. The product is not designed for any other use. The product must be changed or discarded after 1-4 weeks or when the product becomes covered with pet waste and is deemed no longer sanitary for pet use.
Before any use of the product, the purchase and owner of the animal MUST review the training and installation resources online, and follow such instructions, to ensure the animal is safely and procedurally introduced to the product, and that the product is safely and properly installed.
Assumption of Risk & Liability
By buying, installing, or allowing your pet to use the product, you understand and agree that you are encouraging your pet to access and be on a grass surface. You fully accept the possibility and risk that the pet may not always use the product safely or at all, and thus is susceptible to incur injury eating the grass or cardboard. You also accept the possibility and risk of injury should the animal not use the product safely or in the manner intended, jumping off the patch, jumping over the patch, or attempting to play on the patch. The patch is designed for use by one animal at a time. It is purchaser’s/owner’s responsibility to manage how many pets use the patch at a time.
In no event shall Pooch Patch Inc. liability exceed the value of the product(s) sold. In no event shall Pooch Patch Inc. be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Use and misuse of products sold by Pooch Patch Inc.'s patches involves serious risks including injury, disability and death. Purchasers assume all risks. This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Pooch Patch Inc. for a replacement. Inspect before each use.
All in all, you, the purchaser or pet owner, by purchasing, setting up, and allowing your pet to use the ramp, you accept any and all risk that may potentially occur.
Guarantees & Warranty
No guarantees are given or implied to the product’s effectiveness, performance, or use by the animal. Training of the animal, and step-by-step practice for use of the product is highly recommended. However, despite training and practice, no guarantee exists, given or implied, that the animal will use the patch, or use it properly. Lack of use or proper use is not considered a defect, void of warranty, or reason for return of the product. The product includes a warranty on manufacturer grass condition only, wherein the product must be opened upon receipt and a picture must be taken and emailed to firstname.lastname@example.org the day the package was delivered to confirm that the condition is not "FARM FRESH". Under no other circumstances is the product eligible for return.
Returns are never accepted. Refund payment will only be issued at the discretion of Pooch Patch Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, apart from our Farm Fresh guarantee, whether express or implied. To the fullest extent permissible pursuant to applicable law, Pooch Patch Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pooch Patch Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Pooch Patch Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some provinces do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Pooch Patch Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pooch Patch Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
“Personal Information” means data that allows someone to identify or contact you (e.g. your name, address, telephone number, e-mail address, credit/debit numbers, expiration date and other billing information; people to whom purchases have been shipped, including addresses and phone number). “Non-Personal Information” means data that is not associated with or linked to your Personal Information.
How Information is Obtained
Information That Is Gathered From Visitors
In common with other websites, log files are stored on our web server saving details such as the visitor's Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session) address, browser type, referring page and time of visit. Such information is not associated with any online account or registration information.
Information You Give to Us
We receive and store information that you enter on the Site or give us in any other way (e.g., by telephone). This may include information you provide when you register as a member (“Registered Member”), engage in transactions, search, contact customer service, or participate in contests, promotions, surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions or other aspects or services offered by us. As a result, you may supply us with such Personal Information. Each Registered Member may be provided a unique username and password that enable access to the Service. We may track the use of those usernames and passwords in order to collect and maintain records of individual transactions conducted through the Services by Registered Members, and those records may be associated with each Registered Member’s individual account profile within the Company system.
You can always modify or remove Personal Information by logging in to your account.
How the Information is used
We use information collected from our Site and the Services in several ways. For example, we use Personal Information as needed to provide the Site and the Services, to create accounts, and to communicate with Registered Members.
We may send E-mails to you regarding news of the Services or offers by us or our affiliates. We also use both Personal Information and Non-Personal Information when evaluating ways to improve the Site and the Services. As further described below, in limited circumstances we may disclose collected information, including Personal Information, to certain third parties in connection with providing the Services or as required by law.
We use Non-Personal Information in a variety of ways, including, by way of example, to evaluate the performance of the Site and Services and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners. Because Non-Personal Information is entirely anonymous, and therefore can never be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information.
We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you enter and win a contest or other promotion, you expressly consent to us (a) providing your Personal Information (e.g., your name and address) to the third party providing the prize for the contest or other promotion, solely to provide you such prize and (b) publicly disclosing your name and the fact that you won the contest or promotion.
Information Shared with Third Parties
We do not sell, rent or lease e-mail addresses to third parties.
You may be able to block cookies via your browser settings, but this may prevent you from access to certain features of the website.
You must be of age 18 or older to become a member and place orders with Company.