Terms & Conditions

This website and any associated mobile application (collectively referred to as the "Site") are owned and operated by Petface LLC ("We," "Us," "Our," or "PetFace Pajamas"). By accessing, using, registering for, or making purchases on this Site, or engaging with our services (collectively referred to as "Services"), you signify your agreement to adhere to the following terms and conditions.

Before proceeding, please carefully review these terms and conditions (referred to as the "Terms"), including any linked policies. We retain the right to modify both this Site and these Terms at our discretion. If you do not wish to be bound by these Terms, kindly refrain from accessing, using, registering, or making purchases through this Site.

By accessing this Site, you affirm that you are either at least 18 years old or using the Site under the supervision of a parent or guardian.

For details about how we gather, use, and share user information, please refer to our Privacy Policy available at https://petfacepajamas.com/pages/privacy-policy. It's recommended that you review our Privacy Policy to comprehend how we handle user data.

Site Usage

Subject to your adherence to these Terms, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use this Site for personal, non-commercial purposes. This license does not include: (a) resale or commercial utilization of the Site or its content; (b) collection and utilization of product listings or descriptions; (c) creation of derivative works based on the Site or its contents; or (d) usage of data mining, robots, or similar data extraction methods without our explicit written consent. You are not allowed to employ framing techniques to enclose our trademarks, logos, content, or proprietary information without our explicit written permission. Additionally, you may not utilize meta tags or any hidden text employing our name, trademark, or product name without our express written consent. Violation of these Terms will lead to the immediate revocation of the license granted herein without prior notice.

You possess a limited, revocable, and nonexclusive right to establish hyperlinks to the homepage of this Site, provided that these links do not misrepresent or portray PetFace Pajamas or our products/services in a false, derogatory, misleading, or offensive manner. We maintain the right to revoke this limited right at any point. You may not incorporate any of our logos, proprietary graphics, or trademarks as part of such links without obtaining express written permission.

User Account

Certain features of this Site may necessitate registration. Upon registration, we may assign you a password and user identification or you may choose these yourself. By registering, you agree to supply accurate and complete registration details, as well as promptly inform us of any updates or modifications.

Maintaining the confidentiality and security of your assigned password and identification is solely your responsibility. Any unauthorized usage of your password or identification, or any breach of this Site's security, should be promptly reported to us. Each use of your password or identification implies authorization to access and use the Site in compliance with these Terms. We are not obligated to investigate the source or authorization of such access or use. You bear full responsibility for all access to and use of the Site through your password and identification, regardless of whether such access is authorized by you.

Electronic Communication

By using this Site or contacting us via emails, texts, or direct messages, you are engaging in electronic communication. Consent is granted for us to communicate with you electronically. Our communication with you may take the form of emails, texts, direct messages, or notices posted on this Site or through other services we offer. You acknowledge that electronic communication from us fulfills any legal requirements for written communication.

User-Generated Content

This Site may offer Interactive Features allowing users to generate, post, transmit, or store content (referred to as "User Content"), such as text, images, music, videos, graphics, or code. User Content may be publicly viewable and could include profile information and content posted under your profile. However, this does not extend to account information or data submitted for making purchases. You accept full responsibility for your User Content and interactions with Interactive Features, engaging with them at your own risk.

When using Interactive Features, you agree not to post, upload, transmit, distribute, store, create, or publish content that falls under the following categories:

User Content that is defamatory, unlawful, libelous, obscene, indecent, suggestive, pornographic, abusive, harassing, inflammatory, threatening, fraudulent, or otherwise objectionable;

User Content that encourages, constitutes, or provides instructions for criminal activities, infringes upon the rights of any party, incurs liability, or violates local, national, or international laws;

User Content that depicts, describes, or promotes the use of our products in a manner that could offend, harm, or be inappropriate for us, users, or consumers;

User Content that violates the privacy, data protection, or publicity rights of others, including images, information, videos, or pictures of individuals without proper consent;

User Content that makes false, deceptive, or misleading claims, statements, or depictions about companies, individuals, services, or products;

User Content that infringes upon patents, copyrights, trade secrets, trademarks, or other intellectual property rights of any party;

User Content that impersonates any person or entity or misrepresents affiliation with any person or entity; and

User Content that contains viruses, malware, corrupt data, or other harmful files or code.

User Content Ownership

Unless otherwise specified in these Terms, these Site, or a separate agreement with us, we do not claim ownership or control over User Content. However, by submitting or posting User Content on this Site, you grant PetFace Pajamas a non-exclusive, transferable, perpetual, irrevocable, royalty-free, fully sublicensable, and worldwide right to use, adapt, modify, reproduce, publish, create derivative works from, distribute, translate, perform, and display such User Content on this Site, third-party platforms, mobile applications, or any other media or formats. This applies regardless of whether such formats are presently known or developed in the future. Such usage may be for any purpose, and no compensation shall be due to you. Additionally, users of this Site are granted the right to access your User Content in connection with their own use of this Site.

By posting User Content on this Site, you affirm and warrant that:

The User Content is not confidential;

You either own all rights, titles, and interests in the User Content or possess the necessary rights to post and use the User Content on this Site and grant the rights stated in these Terms;

The User Content is accurate, harmless, and free from misleading information;

The User Content, along with its use and posting on this Site, does not breach these Terms, other applicable terms or policies, or any applicable laws or regulations.

These terms establish an agreement between you and PetFace Pajamas for your usage of the Site and its related services. Please make sure to read and comprehend these terms before continuing to use the Site. If you disagree with any part of these terms, please do not use the Site. Your continued use of the Site indicates your acceptance of these terms.

Welcome to PetFace Pajamas! This website, together with its mobile application (collectively referred to as the "Site"), is owned and operated by PetFace Pajamas ("We," "Us," "Our," or "PetFace Pajamas"). By accessing, using, registering for, or making purchases on this Site, or engaging with our services (collectively referred to as "Services"), you signify your agreement to adhere to the following terms and conditions.

Feedback

Aside from User Content, you have the option to share questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials, and other insights related to this Site, us, and our products or services (collectively referred to as "Feedback"). You acknowledge that Feedback is non-confidential and shall become the sole property of PetFace Pajamas. We will have exclusive rights, including intellectual property rights, over such Feedback and are entitled to unrestricted use and dissemination of the Feedback, for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Usage Restrictions

You agree that you shall not (and you shall not permit any other individual or entity using your password and identification to):

- Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except as expressly permitted under these Terms.

- Remove any copyright, trademark, or other proprietary rights notice contained within or on the Site.

- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any part of this Site.

- Collect information about other users (including usernames and/or email addresses) for purposes other than sharing reviews with other users.

- Reformat or frame any part of the Web pages that form this Site.

- Create user accounts using automated means or under false or fraudulent pretenses.

- Create or send unsolicited electronic communications ("spam") to other users or interfere with their enjoyment of the Site.

- Submit content to this Site that falsely states or implies sponsorship or endorsement by us.

- Transmit or upload to this Site any item containing viruses, malware, defects, worms, Trojan horses, software bombs, or other harmful features designed to damage or degrade the performance of this Site, other websites, devices, or systems, or impair user experience.

- Use this Site to breach security or gain unauthorized access to computers, computer networks, devices, or systems, including unauthorized attempts to uncover passwords or security encryption codes.

- Submit content to this Site that is unlawful or facilitates, constitutes, promotes, or encourages illegal activity, or stores illegal material, including material considered threatening or obscene.

- Copy or store any User Content available on this Site beyond personal, non-commercial use.

- Take actions that unreasonably burden the Site's data or traffic capacity, as determined by us.

- Intentionally or unintentionally use this Site and/or User Content to violate any applicable local, state, federal, or international laws.

We are not obligated to monitor user conduct on this Site, but we reserve the right to monitor any user conduct on this Site at any time and for any reason without prior notice.

Ownership

Between you and PetFace Pajamas, this Site, including photographs, images, text, graphics, icons, audio clips, software, source code, and other components (excluding User Content), as well as improvements, modifications, derivative works, and the arrangement of the Site (collectively, the "Site Content"), are owned by PetFace Pajamas or our licensors. The Site Content is protected by applicable copyright laws and includes copyrights, trademarks, and other intellectual property or proprietary rights.

Strictly prohibited is the use of any of our trademarks or service marks without our explicit written consent. Our trademarks or service marks may not be used in connection with any product or service in a manner that could cause confusion. You may not use our trademarks or service marks in a way that discredits or disparages us. Usage of our trademarks or service marks in meta tags requires prior explicit consent. These Terms do not grant you or any other user a license or right to our patents, copyrights, trademarks, trade secrets, or other proprietary rights.

Purchases on the Site

By using this Site for purchases, you agree that we may conduct transactions electronically, if we choose to do so. If non-electronic transactions are chosen, these transactions will still be governed by these Terms unless you enter into different terms provided by us. You are responsible for retaining a copy of these Terms and any other contract or disclosure required by us.

Title and risk of loss for items purchased pass to you upon our delivery of items to the carrier based on a shipment contract. Sales tax is charged for merchandise ordered on this Site based on the applicable state sales tax rate for the shipment location.

When we ship to you or to someone else per your instructions, you agree to pay the shipping and handling charges listed on this Site during order placement. We reserve the right to adjust charges without prior notice, so please review all charges before making an order. Charges may not necessarily reflect actual costs. If duties and taxes are not charged by us or are not paid by us, you agree to pay them directly.

Only valid credit cards or accepted payment methods may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order to that card or method (including taxes, shipping, handling, and other amounts described on the Site). If the card or method cannot be verified, is invalid, or is unacceptable, your order may be automatically suspended or canceled.

All returns are subject to our Return Policy.

While we strive for accuracy and error-free information on this Site, we do not guarantee the accuracy, completeness, reliability, currency, or error-free nature of any product, service, description, photograph, pricing, or other information. In case of an error, whether on this Site, in order confirmation, while processing an order, or otherwise, we reserve the right to correct the error and modify your order accordingly (including charging the accurate price) or cancel the order and refund the charged amount. In the event of an error, your sole remedy is to cancel the order and receive a refund.

Availability of all items is subject to change and we reserve the right to limit quantities, reject orders, discontinue products or services, all without notice, even if an order has been placed. Prices are subject to change without notice. We may refuse or cancel orders for products or services that are restricted or prohibited in your state or jurisdiction.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

PetFace Pajamas (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policyhttps://petfacepajamas.com/pages/privacy-policy(the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out of the Program. An additional mobile message confirming your opt-out decision may be received. You understand and agree that the aforementioned options are the reasonable methods of opting out. You acknowledge that our text message platform might not recognize and respond to unsubscribe requests that modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, or use alternative spellings, words, or phrases in the command. You agree that PetFace Pajamas and its service providers bear no liability for failing to honor such requests. You also agree that any other means of opting out, including texting words other than those mentioned above or verbally requesting removal from our list from our employees, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of digital and physical products, services. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@petfacepajamas.com. Please note that using this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures mentioned above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times. It may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event of a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Louisville, Kentucky before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which PetFace Pajamas' principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

For the full Privacy Policy, please refer to: https://petfacepajamas.com/pages/privacy-policy

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