This document was last updated on May 19, 2024
Welcome to petpivot.com. This website is operated by PetPivot, a company that designs products to enhance the relationship between pets and their owners. Throughout the site, the terms “we”, “us” and “our” refer to PetPivot. PetPivot offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting PetPivot site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Site Policies, Modification, and Severability
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Suppose any of these conditions shall be deemed invalid, void, or for any reason unenforceable. In that case, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Privacy Policy
Any information that PetPivot collects through your use of our Services is subject to the PetPivot Privacy Policy, which is part of these Terms.
Additional Policies Apply to Products Orders
PetPivot’s Terms of Sale, Return Policy, and Warranty Information apply to purchases made through our store at www.petpivot.com. All orders placed are subject to PetPivot’s acceptance. We may accept, decline, or place limits on your order for any reason.
Limitations of Services
Intended Use. PetPivot Services are intended for your personal, non-commercial use. PetPivot grants you a limited, non-exclusive, non-transferable, non-sub licensable license to (a) access and view the PetPivot Content, (b) access and use the software and mobile applications provided by our Services, and (c) use the software that is embedded into PetPivot products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of our Services as permitted in these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the PetPivot Content, PetPivot Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PetPivot or its licensors, except for the licenses and rights expressly granted in these Terms. PetPivot Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications, and mobile carriers, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Services. You acknowledge that you will not rely on the Services for any safety or critical purposes related to you or your pet.
Eligibility. You must be at least 18 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
No Unlawful or Prohibited Use. Access and use of any and all Services are subject to these Terms and all applicable laws. You may not use our Services in any manner that could disable, overburden, or impair any www.petpivot.com server, or interfere with any other person’s use and enjoyment of our Services, other accounts, computer systems or networks connected to any www.petpivot.com server or to any Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Use of the Content for any purpose not expressly permitted in these Terms is prohibited. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with any Service and we will cooperate with law enforcement officials as appropriate. Your rights to use our Services may be further limited by federal law or the laws or regulations in your particular state or locality. PetPivot may, in its sole discretion, and at any time, modify or discontinue the Services, or limit, terminate or suspend your use of the Service. We are not obligated to monitor access or use of Services, PetPivot Content, or to review or edit any PetPivot Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right (but are not required) to remove or disable access to the PetPivot Service or any PetPivot Content at any time and without notice, at our sole discretion, if we determine that the PetPivot Content or your use of our Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service.
Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. PetPivot does not offer any specific uptime guarantee for the Services.
Accuracy, Completeness and Timeliness of Information
PetPivot is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Necessary Equipment. Full use of PetPivot Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the PetPivot Service and it is your responsibility to ensure the equipment’s functionality. PetPivot may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of PetPivot Services and or the Product Software (“Updates”). It is your sole responsibility to install all Updates.
Pet Health and Other Benefits. PetPivot does not guarantee or promise any specific level of pet weight loss, pet health, or other benefit from the use of the Products or Services, or any feature of them. Actual results from use of the Services and Products vary with factors beyond PetPivot’s control or knowledge. You agree not to seek monetary or other remedies from PetPivot based on your results of using the Products and Services. The Services provide you information (“Product Information”) regarding the Products and their connection with other products and Services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
Ownership, Copyright and Trademark
You agree and acknowledge that PetPivot is the owner or licensee of all rights in the Services and (“PetPivot Content”) includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service to you. PetPivot Content, Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Any unauthorized use of any PetPivot Content may violate such laws. No links may be established to any part of the Service and no information within the Services may be framed without our prior written approval. Under no circumstances may you use any of the PetPivot Content whether owned by or licensed to us. Nothing within the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
DMCA/Copyright Policy
PetPivot respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is used within our Services, please provide PetPivot with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears within the Services; and 3) your contact information - name, address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to PetPivot's designated copyright agent as set forth below:
legal@petpivot.com
Duration of this Agreement
This agreement ("Agreement") will continue to be effective until you or we terminate it. We reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Service or your account, the following provisions of these Terms will survive: PetPivot’s Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Jurisdiction and Governing Law; and General Terms.
Information Provided by You
The Services may provide you an opportunity to communicate with us. We are pleased to hear from our visitors and welcome your comments regarding our products and services. However, we do not want you to, and you agree through the use of the Services, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post in connections with the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by PetPivot or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, personal data provided to PetPivot through the Service will be handled in accordance with the PetPivot Privacy Policy, which is available at this link, incorporated into these Terms and made a part hereof. Any contact or communication which you may make with us or our employees via our Services must be for PetPivot business-related purposes and all such communications are property of PetPivot, and subject to review and monitoring by us. You are prohibited from posting or transmitting to the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, bigoted, hateful, vulgar, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and PetPivot will not be liable for any such unauthorized disclosure. PetPivot and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when PetPivot’s products or marketing strategies might seem similar to ideas submitted to PetPivot. So, please do not send your unsolicited ideas to PetPivot or anyone at PetPivot. If, despite our request that you not send us your ideas and materials, you still send them, please understand that PetPivot makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Third Party Content and Linked Sites
You acknowledge that the opinions and recommendations expressed or made available in the Services are those of the respective author(s) and are not necessarily those of PetPivot or endorsed by PetPivot. The Services may contain links to other sites created and maintained by other organizations, which may or may not be related to PetPivot. These links are provided for your convenience and are for reference only and you agree that links do not imply that PetPivot is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of PetPivot. You understand that the linked sites are not controlled by PetPivot and different legal terms and privacy policies may apply. We are not responsible for linked sites. We reserve the right to disable links, but we are not obligated to do so.
Membership Account, Password and Security
If you use the Services, you may be required to create an account. You must complete the registration process by providing us with current, complete, and accurate information. You are responsible for maintaining the confidentiality of your account and password and agree to accept responsibility for all activities that occur under your account or password. PetPivot is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree to notify PetPivot immediately of any unauthorized use of your account or any other breach of security of which you become aware. PetPivot will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PetPivot or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Alerts and Notifications
As part of your use of our Services, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Chat Rooms, Fan Groups and Bulletin Boards
If any chat rooms, forums, groups or bulletin boards are provided within a Service, they are provided by PetPivot as a convenience to its users. You should however, understand the risks involved with using this type of site. Users may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PetPivot reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PetPivot a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PetPivot and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PetPivot for all claims resulting from content you supply. PetPivot has the right but not the obligation to monitor and edit or remove any activity or content. PetPivot takes no responsibility and assumes no liability for any content posted by you or any third party. Information submitted to the chat rooms, forums, or bulletin boards may be routed through PetPivot’s servers or servers of third parties, and may be viewed by the general public. Therefore, you should have no expectation of privacy for the information you post. This information may be collected and used by third parties. It is not secure or private. PetPivot may decide at any time to monitor the information and postings. PetPivot reserves the right at its discretion to screen, refuse to post, remove or edit any and all information or postings from the chat rooms, forums and bulletin boards, or to bar access of any individual to the Site, or its chat rooms, forums, or bulletin boards. If participating in chat rooms, forums and bulletin boards, you agree not to market or sell any products or services or solicit others to do so, or use the chat room, forum, or bulletin board for any commercial purpose. You will not misrepresent your identity or affiliation. You also will not violate the Terms of the Services.
Limitation of Liability
Your use and browsing of the Services is at your sole risk. If you are dissatisfied with the Services or any of the materials within the Services, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Services. Neither PetPivot, its suppliers or licensors, nor any other party involved in creating, producing, or delivering the PetPivot Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the PetPivot Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not PetPivot has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will PetPivot’s total liability arising out of or in connection with these terms or from the use of or inability to use the PetPivot Service exceed the amounts you have paid to PetPivot for use of the PetPivot Service or fifty dollars ($50), if you have not had any payment obligations to PetPivot, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between PetPivot and you.
Indemnification
You agree to indemnify, defend and hold harmless PetPivot and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Disclaimers
PetPivot Services and PetPivot content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, quiet enjoyment or non- infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Service or PetPivot Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Service or any PetPivot Content. You acknowledge and agree that if you rely on any PetPivot Content or the PetPivot Service, you do so solely at your own risk.
General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between PetPivot and you regarding the PetPivot Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PetPivot and you regarding the PetPivot Service and PetPivot Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without PetPivot’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. PetPivot may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by PetPivot under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the PetPivot Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
PetPivot’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PetPivot. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Contact Us
Questions about the Terms of Service should be sent to us at contact@petpivot.com.