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Terms of service

Terms of service

OVERVIEW

This website is operated by PETNOVO LLC. Throughout the site, the terms ā€œweā€,
ā€œusā€ and ā€œourā€ refer to PETNOVO LLC. PETNOVO LLC 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 our site and/ or purchasing something from us, you engage in our
ā€œServiceā€ and agree to be bound by the following terms and conditions (ā€œTerms
of Serviceā€, ā€œTermsā€), 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.



Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.



Any new features or tools which are added to the current store 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. 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.



Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.



SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.



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).



You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate
termination of your Services.



SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.



You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.



You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.



The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are 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.



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

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.



SECTION 5 - PRODUCTS OR SERVICES (if applicable)

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.



We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.



We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole
discretion, 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. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the eā€‘mail 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 agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.



For more detail, please review our Returns Policy.



SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.



You acknowledge and agree that we provide access to such tools ā€as isā€ and ā€œas
availableā€ without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.



Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).



We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.



SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include
materials from third-parties.



Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.



We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.



SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.



We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any partyā€™s intellectual property or these Terms of Service.



You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false eā€‘mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.



SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.



SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).



We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.



SECTION 12 - 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.



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.



We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.



You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.



You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for
a particular purpose, durability, title, and non-infringement.



In no case shall PETNOVO LLC, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.



SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PETNOVO LLC 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 attorneysā€™ 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.



SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.



SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.



These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our site.



If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).



SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.



These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).



Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.



SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
United States.



SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at
this page.



We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.



SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@petnovo.com.

Ā 

Messaging Terms & Conditions

You agree to receive recurring automated marketing and
informational text (e.g., SMS and MMS) messages fromĀ PETNOVO LLC, including
text messages that may be sent using an automatic telephone dialing system, to
the mobile telephone number you provided when joining or any other number that
you designate. Consent to receive automated marketing text messages is not a
condition of any purchase. Msg & Data rates may apply. Message frequency
will vary.Ā PETNOVO LLC reserves the right to alter the frequency of
messages sent at any time, so as to increase or decrease the total number of
sent messages.Ā PETNOVO LLC also reserves the right to change the short
code or phone number from which messages are sent. Not all mobile devices or
handsets may be supported and our messages may not be deliverable in all areas.
PETNOVO LLC, its service providers and the mobile carriers supported by the
program are not liable for delayed or undelivered messages.

Ā 

Cancellation

Reply STOP to cancel. After texting STOP you will
receive one additional message confirming that your request has been processed.
You acknowledge that our text message platform may not recognize and respond to
unsubscribe requests that do not include the STOP keyword command and agree
thatĀ PETNOVO LLC and its service providers will have no liability for
failing to honor such requests. If you unsubscribe from one of our text message
programs, you may continue to receive text messages fromĀ PETNOVO LLC through
any other programs you have joined until you separately unsubscribe from those
programs.

Ā 

Mobile Phone Number Change

In the event that you change or deactivate your mobile
phone number, you agree to notify PETNOVO LLC by emailing us atĀ customerservice@petnovo.com

Ā 

Problems?

If you are experiencing any problems, please email us atĀ customerservice@petnovo.com

Ā 

Contact

Contact us atĀ customerservice@petnovo.com

Ā 

Dispute Resolution

General. In
the interest of resolving disputes between you andĀ PETNOVO LLC in the
most expedient and cost effective manner, you andĀ PETNOVO LLC agree
that any dispute arising out of or in any way related to these messaging
terms and conditions ("Messaging Terms") or your receipt of text
messages fromĀ PETNOVO LLC or its service providers will be resolved
by binding arbitration. Arbitration is less formal than a lawsuit in
court. Arbitration uses a neutral arbitrator instead of a judge or jury,
may allow for more limited discovery than in court, and can be subject to
very limited review by courts. Arbitrators can award the same damages and
relief that a court can award. This agreement to arbitrate disputes
includes all claims arising out of or in any way related to these
Messaging Terms, or your receipt of text messages fromĀ PETNOVO LLC or
its service providers whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of when a
claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE
MESSAGING TERMS, YOU AND PETNOVO LLC ARE EACH WAIVING THE RIGHT TO A TRIAL
BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS
SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions.
Notwithstanding subsection (a) above, nothing in these Messaging Terms
will be deemed to waive, preclude, or otherwise limit the right of you
orĀ PETNOVO LLC to: (i) bring an individual action in small claims
court; (ii) pursue an enforcement action through the applicable federal,
state, or local agency if that action is available; (iii) seek injunctive
relief in aid of arbitration from a court of competent jurisdiction; or (iv)
file suit in a court of law to address an intellectual property
infringement claim.

Arbitrator.
Any arbitration between you andĀ PETNOVO LLC will be governed by the
Federal Arbitration Act and the Commercial Dispute Resolution Procedures
and Supplementary Procedures for Consumer Related Disputes (collectively,
"AAA Rules") of the American Arbitration Association
("AAA"), as modified by these Messaging Terms, and will be
administered by the AAA. The AAA Rules and filing forms are available
online at www.adr.org, by calling the AAA at 1-800-778-7879, or by
contactingĀ PETNOVO LLC. The arbitrator has exclusive authority to
resolve any dispute relating to the interpretation, applicability, or
enforceability of this binding arbitration agreement.

Notice;
Process. If you orĀ PETNOVO LLC intends to seek arbitration, then the
party seeking arbitration must first send a written notice of the dispute
to the other party by U.S. Mail ("Notice").Ā PETNOVO LLC address
for Notice is: Jun Yang, Attn: Chief Executive Officer. The Notice must:
(i) describe the nature and basis of the claim or dispute; and (ii) set
forth the specific relief sought ("Demand"). You andĀ PETNOVO
LLC will make good faith efforts to resolve the claim directly, but if you
andĀ PETNOVO LLC do not reach an agreement to do so within 30 days
after the Notice is received, you orĀ PETNOVO LLC may commence an
arbitration proceeding. During the arbitration, the amount of any
settlement offer made by you orĀ PETNOVO LLC must not be disclosed to
the arbitrator until after the arbitrator makes a final decision and
award, if any. (e) Fees. If you commence arbitration in accordance with
these Messaging Terms,Ā PETNOVO LLC will reimburse you for your
payment of the filing fee, unless your claim is for more than $15,000 or
as set forth below, in which case the payment of any fees will be decided
by the AAA Rules. If the claim is for $15,000 or less, you may choose
whether the arbitration will be conducted: (i) solely on the basis of
documents submitted to the arbitrator; (ii) through a non-appearance based
telephone hearing; or (iii) by an in-person hearing as established by the
AAA Rules. If the arbitrator finds that either the substance of your claim
or the relief sought in the Demand is frivolous or brought for an improper
purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the AAA
Rules. In that case, you agree to reimburseĀ PETNOVO LLC for all
monies previously disbursed by it that are otherwise your obligation to
pay under the AAA Rules. Regardless of the manner in which the arbitration
is conducted, the arbitrator must issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. You andĀ PETNOVO LLC agree that
such written decision, and information exchanged during arbitration, will
be kept confidential except to the extent necessary to enforce or permit
limited judicial review of the award. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees or expenses
at any time during the proceeding and upon request from you orĀ PETNOVO
LLC made within 14 days of the arbitrator's ruling on the merits.

No Class
Actions. YOU ANDĀ PETNOVO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you andĀ PETNOVO LLC agree otherwise in a signed writing,
the arbitrator may not consolidate more than one person's claims, and may
not otherwise preside over any form of a representative or class
proceeding.

Modifications
to this Arbitration Provision. Notwithstanding anything to the contrary in
these Messaging Terms, ifĀ PETNOVO LLC makes any future change to this
arbitration provision, other than a change toĀ PETNOVO LLC address for
Notice, you may reject the change by sending us written notice within 30
days of the change toĀ PETNOVO LLC address for Notice, in which case
this arbitration provision, as in effect immediately prior to the changes
you rejected, will continue to govern any disputes between you andĀ PETNOVO
LLC.

Enforceability.
If an arbitrator decides that applicable law precludes enforcement of any
of the limitations of subsection (f) above (addressing class,
representative and consolidated proceedings) as to a particular claim for
relief, then that claim (and only that claim) must be severed from the
arbitration and brought in court. If any other provision of these
Messaging Terms is found to be unenforceable, the applicable provision
shall be deemed stricken and the remainder of these Messaging Terms shall remain
in full force and effect.

Ā 

Changes to Messaging Terms

We reserve the right to terminate or change our
messaging program at any time. We also reserve the right to change these
Messaging Terms at any time and such changes will be effective immediately upon
posting. Your continued enrollment following such changes shall constitute your
acceptance of such changes.