LAST MODIFIED: 02/01/2019

Acceptance of the Terms and Conditions
Notice: Please read these Terms and Conditions carefully before you begin using the Websites. By clicking “Login”, “My Account”, “Sign In” creating a user account, placing an order, or otherwise using the functions on Our Websites, you agree to accept these Terms and Conditions, along with Our Privacy Policy.  Additionally, certain products and services such as “Auto-Ship” services have separate Terms and Conditions that will apply when you use those products and services.  If any of the provisions of these Terms and Conditions conflict with those applicable to the individual product or service, the provisions of the Terms and Conditions applicable to the specific product or service will apply. If you do not want to accept these Terms and Conditions or Our Privacy Policy, do not access or use these Websites.

These Terms and Conditions are entered into by and between users of the Websites (“You” “Your” “Yourself” or “User”) and Care-a-Lot®, Inc. (“Company”, “We”, or “Us”) and govern Your use of this Websites or any mobile application operated by the Company.  The following Terms and Conditions, together with Our Privacy Policy and any other terms and conditions provided when a purchase is made or service used or order confirmation provided, (collectively, these “Terms and Conditions”), govern Your access to and use of https://www.carealotpets.com/, http://www.carealotpetresorts.com/ (the “Websites”) including any content, functionality, goods and services offered on or through the Websites, whether as a guest or registered user.

Our Privacy Policy describes the information we may collect from you or that you may provide, including when you visit our Websites. Please review the Policy for more information concerning these practices.

Eligibility and Use of the Websites
The Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.

By using the Websites You represent and warrant that You are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If You do not meet all these requirements, do not access or use the Websites.
Our Websites are not intended for anyone under 18 years of age. You must be 18 years of age or older to use the Websites. If You are under 18, please do not use or provide any information on the Websites or on or through any of its features, register on the Websites, make any purchases through the Websites, use any of the interactive or public comment features of this Websites or provide any information about Yourself to Us, including Your name, address, telephone number, email address, or any screen name or user name You may use. By using the Websites and accepting these Terms and Conditions you represent that you have the right, authority, and capacity to agree to these Terms and Conditions.

Changes to the Terms and Conditions
We may revise and update these Terms and Conditions at any time at Our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Websites.

Termination
Company reserves the right, in its sole discretion to terminate Your access to the services or any portion of the Websites at any time, and for any reason, or no reason at all, without any prior notice or any notice whatsoever.

Accessing the Websites and Account Security
We have the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in Our sole discretion without notice. We are not liable if, for any reason, all or any part of the Websites are unavailable at any time or for any period. We may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

You are responsible for:
·    Making all arrangements necessary for You to have access to the Websites.
·    Ensuring that all persons who access the Websites through Your Internet   connection are aware of these Terms and Conditions and comply with them.

To access the Websites or some of the functions it offers, You may be asked to provide certain registration or login details or other information. As a condition of Your use of the Websites You agree that all the information You provide on the Websites is correct, current, and complete. You agree that all information You provide to register/login with this Websites or otherwise, including but not limited to, through the use of any interactive features on the Websites, or in making any purchase, is governed by Our Privacy Policy and You consent to all actions we take with respect to Your  information consistent with Our Privacy Policy.

If You choose, or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You agree to treat such information as confidential, and You agree not to disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Websites or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You logout from Your account and exit from Your browser at the end of each session. You should exercise caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in Our sole discretion for any reason, including if, in Our opinion, You have violated any provision of these Terms and Conditions.

Intellectual Property Rights
The Websites and its entire contents, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The following are registered trademarks of the Company: “Care-A-Lot®”, and “Your pets are our babies too®”  You may not use these marks without the prior written consent of the Company.  All trademarks, service marks, logos and trade names on the Websites, whether registered or unregistered, are proprietary to the Company or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the Company or the appropriate owner thereof. The compilation of all content on this site is the exclusive property of this the Company and is protected by U.S. and international copyright laws.

These Terms and Conditions permit Your use of the Websites for Your personal, non-commercial use only. The Company may also permit use of the Websites for specific business purposes as it sees fit, at its sole discretion. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Websites, except as follows:
·    Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
·    You may store files that are automatically cached by Your Web browser for display enhancement purposes.
·    You may print or download one copy of a reasonable number of pages of the Websites for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
·    If we provide social media features with certain content, You may take such actions as are enabled by such features consistent with these Terms and Conditions.

You must not:
·    Modify copies of any materials from this site.
·    Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
·    Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
If You wish to make any use of material on the Websites other than that set out in this section, please address Your request to: customerservice@carealotpets.com.

If You otherwise use or provide any other person with access to any part of the Websites in breach of these Terms and Conditions, Your right to use the Websites will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate other laws.

Acceptable Use and Prohibited Uses
You may use the Websites only for lawful terms and in accordance with these Terms and Conditions.  You agree not to use the Websites:
·    In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.
·    To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
·    To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms and Conditions
·    To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
·    To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or usernames, or login information associated with any of the foregoing.
·    To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites or expose them to liability.
·    In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites in any way.
You also agree not to:
·    Use any automatic device or process or means, including the use of robots and spiders to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
·     Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose, without prior written consent.
·    Use any device, routine, or software that interferes with the proper working of the Websites or attack the Websites using a denial-of-service or distributed denial-of-service attack.
·    Introduce any harmful or malicious codes or other material, such as viruses, Trojan horses, worms, or logic bombs.
·    Make any attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which it resides, or any computer or database connected to the Websites or otherwise attempt to interfere with the proper functioning of the Websites.

User Submissions
User Submissions means any and all information, content, material, ideas, suggestions, feedback, comments, know-how, concepts, product and/or service reviews a User provides, inputs, submits, or transmits to the Company through our Websites or through any other means, including through social media services (e.g. Facebook, YouTube, Instagram, Pinterest, Twitter, etc.).  Users cannot post content directly to our Websites.  However, Our Websites contain links to interactive features such as Our social media pages, (“Interactive Features”).  The social media pages may allow users to post or submit to other users or other individuals content on or through the use of those social media pages. If you choose to connect to Our Websites via social media, you give Company permission to access, store and use any information you permit the social media service to share in accordance with your privacy settings of the applicable social media service.  Please review our Privacy Policy.

You are solely responsible for Your User Submissions, the consequences of Your User Submissions, and Your reliance on any User Submissions. Company is not responsible for the consequences or accuracy of any User Submissions.  You assume all risks and liabilities associated with the use of User Submissions, including any reliance on its accuracy, completeness, or usefulness by Company or others or any disclosure of your User Submissions that makes you or any third party personally identifiable.

Additionally, any User Submissions You submit on or through the Websites or otherwise (except for personal information as described in the Privacy Policy) will be considered non-confidential and non-proprietary.  By providing such User Submissions on or through the Websites, Our social media pages or otherwise, You grant Us, and Our affiliates, and service providers and each of their and Our respective licensees, successors, and assigns, a royalty-free, perpetual, irrevocable, fully paid up, worldwide, non-exclusive license to use, sublicense, reproduce, modify, perform, display, post, distribute, prepare derivative works of, incorporate into other works, and otherwise use or disclose such material for any purpose at our sole discretion without requiring any permission from You. You may not state or imply in any way that your User Submissions are provided, sponsored, or endorsed by Company.

If you choose to submit a User review of a product or service to Us, We may choose to post it on our Websites, after Our review, in Our sole discretion. You further agree that Company has the right to use in any way at Our sole discretion, without any payment or accounting to you or others, any User Submissions (or those who act on Your behalf) transmitted to Us. 

Furthermore, You represent and warrant that You own or control all rights in and to the User Submissions and that You have the right to grant the license described above to Us and Our affiliates and service providers and each of their and Our respective licensees, successors, and assigns and that Your User Submissions do and will comply with these Terms and Conditions and do not violate the intellectual property rights of any third-party.

You understand and agree that You are solely responsible for any User Submissions You submit or contribute and that you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  
The Company is not responsible or liable to any third-party for the content or accuracy of any User Submissions provided by You or any other user of the Websites and you agree to indemnify, defend, and hold harmless the Company for any and all claims, actions, losses, and damages, of any kind, including reasonable attorney fees, arising from Your User Submissions. 

Enforcement and Monitoring
We review all of Your product and service reviews. We do not pre-screen User Submissions posted to Our social media pages, however, although We are not required to do so, we have the right to:
·    Take any action with respect to any User Submission that we deem necessary or appropriate in Our sole discretion, including if we believe that such User Submission has violated these Terms and Conditions, violates any intellectual property rights or other rights of any person or entity, threatens the personal safety of users of the Websites or the public or could create liability for the Company.
·    Disclose any informational content Users post, including User identity or other information to any third party who claims that material Your post violates their rights, including intellectual property rights.
·    Take appropriate legal action, including referral to law enforcement authorities for any illegal or unauthorized use of the Websites.
·    Terminate or suspend Your access to the Websites, in Our sole discretion for any reason, including violating these Terms and Conditions.

Content Standards
These content standards apply to any and all User Submissions and use of Interactive Features. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:
·    Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
·    Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
·    Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
·    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and Conditions and Our Privacy Policy.
·    Be likely to deceive any person.
·    Promote any illegal activity, or advocate, promote, or assist any unlawful act.
·    Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
·    Impersonate any person or misrepresent Your identity or affiliation with any person or organization.
·    Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
·    Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Note* - It is Our policy, in appropriate circumstances, to terminate the accounts of Users who are repeat infringers or are repeatedly charged with infringement.

Copyright Infringement – Notice and Take Down Procedures
The U.S. Digital Millennium Copyright Act (“DCMA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.  If You believe any content from the Websites infringes upon any copyright You own or control You may request removal of such content by sending Us a notice (and any counter-notices) of copyright infringement to:

Care-a-Lot Copyright Agent
Attention: Legal
1617 Diamond Springs Road
Virginia Beach, VA 23455
customerservice@carealotpets.com

In Your request you must provide the following information:
•    Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work(s);
•    Identification of the content that you believe to be infringing, and its location. Please describe the content and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
•    Your name, address, telephone number, and email address;
•    A statement that you have a good faith belief that the complained of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
•    A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative; and
•    A signature or the electronic equivalent from the copyright holder or authorized representative.

Changes to the Websites
We may update the content on the Websites at any time at Our sole discretion.  However, any of the material on the Websites may be out of date at any given time and We are under no obligation to update such material.   

Information About You and Your Visit to Our Websites
All information we collect via the Websites is subject to the Company’s Privacy Policy. By using the Websites, You consent to Our collection of Your information in accordance with the Privacy Policy.

Online Purchases – Other Terms and Conditions
All purchases made through the Websites for the services offered on Websites are governed by these Terms and Conditions and Our additional Terms which are hereby incorporated into these Terms and Conditions and which may be found here: Grooming Agreement, Boarding Agreement, Daycare Agreement. Additional terms and conditions may also apply to specific portions, services, features, or promotions on the Websites.  All additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
We reserve the right to refuse to process or complete any order you place with us for any reason, for example, if we know or suspect that you intend to resell some or all of the products specified in Your order as part of a commercial business. You may only place orders for private domestic purposes and the purchase for resale and/or reselling any product as part of any business whether online or otherwise is expressly prohibited unless agreed to in writing by Company.

Promotional offers may not be combined with any other coupons, discounts, offers, or promotional codes. Promotional offers not valid on sales tax, shipping & handling or prior purchases. Other restrictions may apply.

Use of Auto-Ship
When you choose to click on “Auto-Ship & Save 5%” at check out, you agree to be bound by the Auto-Ship & Save Terms and Conditions (“Auto-Ship Terms”) applicable to Our subscription delivery service (“Auto-Ship”). The Auto-Ship Terms apply to Your subscription to Auto-Ship in addition to the Terms and Conditions of the Websites, Our Privacy Policy, and any other applicable terms, conditions, limitations, and requirements.  By enrolling in Auto-Ship, you agree to these terms, conditions, limitations, and requirements. Additionally, our Shipping Policy applies to all purchases of products.

Linking to the Websites and Social Media
You may link to Our homepage, provided You do so legally and You do not damage Our reputation or take advantage of it.  You must link to Our homepage only, so that these Terms and Conditions, along with Our Privacy Policy appear and are accessible to anyone using the link.  You may not establish a link in any way that would suggest any form of association, approval, agreement, or endorsement on Our part without Our express written consent.

The Websites may also provide certain social media features that enable You to link to Our social media pages or:
·    Link from Your own or third-party Websites to certain content on this Websites.
·    Send emails or other communications with certain content, or links to certain content, on this Websites.
·    Cause portions of content on this Websites to be displayed or appear to be displayed on Your own or certain third-party Websites.
You may use these features only as they are provided by Us solely with respect to the content with which they are displayed.  You may not:
·    Establish a link from any Websites not owned by you.
·    Cause the Websites or portions of the Websites to be displayed on, or appear to be displayed by any other site, such as through framing, deep linking, or in-line linking.
·    Link to any part of the Websites other than the homepage.
·    Take any other action inconsistent with these Terms and Conditions.

The Websites from which You are linking or on which You make Our content accessible must comply in all respects with the Content Standards set out in these Terms and Conditions. You agree to cooperate with Us in causing any unauthorized linking or framing to immediately cease.  We have the right, in Our sole discretion, to withdraw this permission at any time without notice and to disable any or all social media features and links at any time without notice.

Links from the Websites

This Websites may contain links to other sites, advertisements, and content provided by third-parties, including social media sites.  These links are for Your convenience only.  These third-party sites are not under the control of the Company.  The Company is not responsible for the links to those third-party sites, or the content of those third-party sites, advertisements, or other content and we accept no responsibility for any loss or damage that may arise from Your use of them.  If You choose to decide to utilize such links, You do so at Your own risk and subject to the terms and conditions of those third-party sites.  You hereby agree to release the Company and Our officers, employees, agents, affiliates, subsidiaries, partners, parents, successors, assigns, or any other company or entity under common control with us from all claims, losses, damages, rights, and actions of any kind, including, but not limited to personal injury, death, property damage, that are directly or indirectly related to or arise out of any interactions with, accessing of, or conduct by other site users or third-party sites.


Geographic Restrictions on Use

The owner of the Websites is based in the United States.  We provide this Websites for use only by persons in the United States. All information is processed in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States.  We do not represent that the content, goods, or services are appropriate for use in other locations. If You access the Websites from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Access to the Websites from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Websites may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.



Reliance on Information; Pet Health Content

All content available on the Websites, or in any other health portion of the Websites, is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for Your pet or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Services. Company does not represent or guarantee that such information is accurate, complete, or timely.  The Websites may include content provided by third-parties.  All statements and/or opinions expressed in these materials, and all responses to questions, and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  Those materials do not necessarily reflect the opinion of the Company and We are not responsible or liable to You or any third-party for the content or accuracy of any materials provided by third-parties.

Disclaimer of Warranties and Limitation of Liability
THIS WEBSITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, BY THE COMPANY OR ANY PERSON ASSOCIATED WITH THE COMPANY WITH RESPECT TO THE OPERATION OF THE WEBSITES OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS PURCHASED THROUGH OR INCLUDED ON THIS WEBSITES. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES, EMAIL SENT FROM THIS WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS  ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' and accounting fees) arising out of or relating to or alleged to have resulted from Your violation of these Terms and Conditions or Your use of the Websites, including, but not limited to, Your User Submissions, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Websites. You shall cooperate with the Company in the defense of any such claim. Company reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

Arbitration
You and Company agree that all disputes, claims, demands, or causes of action between You and Company and its employees, agents, successors, or assigns, including, but not limited to, the interpretation of this clause and these Terms and Conditions shall be exclusively settled through binding and confidential arbitration, under the rules of the American Arbitration Association then in effect, except that You or Company may take claims to small claims court if the dispute qualifies for jurisdiction within said court.  In addition, You and Company retain the right to seek injunctive or equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, trade dress, patents or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are generally simpler and access to discovery may be more limited.  YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
All matters relating to the Websites and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Virginia without regard to any choice or conflict of law provision or rule whether of the State of Virginia or any other jurisdiction. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Virginia.

Class Action Waiver
YOU AND COMPANY AGREE THAT ANY CLAIM BROUGHT AGAINST THE OTHER WILL ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY. NEITHER YOU OR COMPANY ARE ENTITLED TO BRING A CLAIM AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY-GENERAL ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

Waiver and Severability
No waiver by the Company of any term or provision in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or provision and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Those provisions of these Terms and Conditions that would naturally survive the termination or expiration of this agreement shall survive such termination or expiration and shall continue in full force and effect, including, without limitation, the following; Acceptable Use and Prohibited Uses, User Submissions, Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Indemnification, Class Action Waiver, Governing Law and Jurisdiction, Arbitration, Waiver and Severability, and Entire Agreement.

Care-A-Lot Return Policy
Customer satisfaction is Our goal.  Serving Our customers since 1988, We have taken great pride in Our staff and the excellent customer service We provide.  However, if You are not satisfied with an item you purchase, just return it in its original packaging and in resalable condition within 30 days of receipt for an exchange or refund of the product cost.  If You have purchased an item at one of Our retail store locations, please return Your item in resalable condition within 30 days of purchase, to any of Our retail store locations, for an exchange or refund of the product cost.  Please see Our Return Policy for additional information.  It is consistently Our goal to meet all of Your product needs as a pet owner. We carry over 18,000 items for dogs, cats, puppies, kittens, birds, fish, reptiles and small animals. With hundreds of brands to choose from, you're sure to find the dog food, cat food, pet vitamins & supplements, or other pet supplies Your pet prefers. Of course, you'll also want to reward good pet behavior with well-deserved pet treats too.  

Our Pricing
Pricing for products in any of Our written materials you may receive, such as catalogs, postcards, emails, coupons, or on the Websites, may vary from Care-A-Lot Pet Supply retail stores and from local advertisements. When manufacturers advertised pricing allows, we match the prices of Our written materials or Our online merchandise on the Websites with the price offered by Care-A-Lot Pet Supply retail stores. Care-A-Lot Pet Supply does not match the price of other online companies. However, if you find an advertised lower regular or sale price (excluding buy one get one offers) at any local retailer for the identical in-stock item, we will gladly match it.

Due to rising fuel cost and market fluctuation, prices listed may not be guaranteed.  Despite Our best efforts, it is possible that an item may be mispriced.  We are not responsible for typographical errors which may exist on the Websites or in any advertisement or printed materials. Prices and availability of products and services are subject to change without notice.

As part of Our fulfillment process, we verify pricing prior to shipment.  Therefore, if any such discrepancies exist, Our customer service department will notify You via e-mail or phone prior to shipment.  If You have any questions about Our products or services, please do not hesitate to ask. Our friendly, knowledgeable, staff of customer service representatives is available to assist you. We can be reached via e-mail at customerservice@carealotpets.com, phone 1-800-343-7680 or fax 1-866-379-3604 seven days a week. Our Product Specialists are trained to help You pick the food or product that is right for Your pet.

Volume Discounts
We may offer volume discounts on certain items at our sole discretion; however, We reserve the right to limit quantities.

Thank You for allowing Us to help Your pet lead a happy, healthy and fun filled life.  We look forward to meeting all of Your pet care needs. Please call us toll-free at 1-800-343-7680 to place Your order by phone or ask any questions regarding Our pet supply products.

Customer Requested Modifications
To Our valued customer, please note that once Your order is placed, We are unable to make modifications. Our system is designed to send You an order confirmation by email and process/ship the order promptly.  Thank You for Your understanding in this matter.

The Websites attempts to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the product color.

Mail Order Checks
When You provide a check as a payment, You authorize us either to use information from Your check to make a one-time electronic fund transfer from Your account or to process the payment as a check transaction.

Entire Agreement
These Terms and Conditions, Our Privacy Policy, Return Policy, and, where applicable; Auto-Ship Terms, Price Match Terms, Hold Harmless Agreements, Training Agreements, Grooming Agreements, Daycare Agreements, and Return Policy, constitute the sole and entire agreement between You and the Company regarding the use of the Websites and the purchase of any services or products on the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

Comments and Concerns
All comments, requests for technical support, and other communications related to the Websites should be directed to: customerservice@carealotpets.com.