Terms of Sale

Family Pet Project, LLC

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of pets and other products or services through www.familypetproject.com (referred to as the “site”). By offering a product or service, or placing an order, you agree to be bound by and accept these terms and conditions, as well as the site’s Terms of Use, Privacy Policy, and all other policies, guidelines, or rules. You should review all terms, conditions, policies, guidelines, and rules prior to offering or purchasing any products or services that are available through the site. If you do not agree to all terms, conditions, policies, guidelines, and rules, you should not offer or obtain any products or services from the site.

These terms and conditions are subject to change by Family Pet Project, LLC (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion.

Pricing and Fees

By offering any product or service through the site, you agree to

Order Acceptance and Cancelation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of any offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. ONCE AN ORDER HAS BEEN PLACED, IT CANNOT BE CANCELED BY YOU. WE DO NOT ACCEPT RETURNS OF ANY KIND EXCEPT SOLELY BY AGREEMENT OF THE SELLER.

We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

Payment Terms and Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to acceptance or completion of an order.

We accept credit cards for all purchases. You represent and warrant that

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law.

Changes in Products and Pricing

We are constantly updating and revising our product and service listings, and we may remove any listings at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any change in availability. All pricing for products or services available on our site is subject to change, and we reserve the right to make adjustments.

Advertising Disclaimer

The descriptions of products and services that are posted on our site are the representations of our supplying seller(s). We are not responsible for the accuracy of such descriptions. Photographs are courtesy of the respective seller(s).

Disclaimer and Limitation of Liability

Our responsibility for defects relating to the pets available on our site is limited to the procedures described in our return policy set forth below.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL FAMILY PET PROJECT, LLC, OR ANY SELLER, AFFILIATED COMPANY, AGENT, SHAREHOLDER, EMPLOYEE, OR OFFICER (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE OR DELIVERY OF THE PETS AVAILABLE THROUGH THE SITE. NO EMPLOYEE OR REPRESENTATIVE OF FAMILY PET PROJECT, LLC, IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF OUR AFFILICIATES, INCLUDING PROVIDING SELLERS), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE PURCHASED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PETS.

Disclaimer of Warranties

ALL PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE, US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PRODUCTS AND SERVICES AT THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE PRODUCTS OR SERVICES AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH PRODUCTS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTION EXECUTED THROUGH, OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT ALL TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Privacy and Customer Information

We are committed to protecting your privacy. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.

Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products or services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Entire Agreement

These Terms of Sale (along with the Privacy Policy and Terms of Use and any other policies, guidelines, or rules instituted by us) constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

Governing Law and Statute of Limitations

The site (excluding any linked sites) is controlled by us from our offices within the State of Nebraska, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Nebraska, by accessing the site both of us agree that the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the site and the purchase of products and services available through the site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Lancaster County, Nebraska with respect to such matters.

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