Updated May 25, 2022
THIRD PARTY WEBSITES
MODIFICATION TO WEBSITE, PRODUCTS, AND SERVICES
Frankly Pet reserves the right to modify, in whole or in part, or temporarily or permanently discontinue, the Website or any products, services, or content contained on the Website for any reason and at any time without any notice to you.
The Website may be unavailable due to either scheduled maintenance and unscheduled system outages or circumstances outside of Frankly Pet’s control. Frankly Pet shall have no liability to any user or third party whatsoever for the resulting unavailability of the Website or for any loss of data or content caused by a planned or unplanned system outage or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
From time to time there may be information featured on the Website that contains typographical errors, incomplete data, or inaccuracies. While every effort is made to provide the most accurate, up to date, and reliable information, Frankly Pet does not warrant that the information accessible via the Website is accurate, complete, or current. Any errors are unintentional. Frankly Pet reserves the right to correct errors and to update information at any time.
Frankly Pet attempts to describe the products offered on the site as accurately as possible. However, Frankly Pet does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. In the event content on the Website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, Frankly Pet shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Frankly Pet shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
OWNERSHIP OF WEBSITE CONTENT
Frankly Pet, its affiliates or third party licensors own all copyrights, trademarks, trade dress and other intellectual property contained on the Website or contained in correspond you may receive through the Website (“Content”). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, and the arrangement of Content on the website as a whole. You shall not use any Content for any purpose without the prior written consent Frankly Pet or the respective owner of such content.
Unless otherwise indicated, all trademarks on this website are subject to trademark rights of Frankly Pet or its suppliers, including marks, model names, logos, and emblems. The arrangement and compilation of all content on this Website is the exclusive property of Frankly Pet and are protected by U.S. and international copyright laws. All software used on this site is the property of Frankly Pet or its software suppliers and is protected by United States and international copyright laws. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Frankly Pet. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Frankly Pet will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
USE OF WEBSITE
You understand that you are responsible for whatever content you submit, and you, not Frankly Pet, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to the Website, you warrant that the material is your own or is in the public domain or is otherwise free of proprietary information or other restrictions and that you have the right to communicate and/or post the material to the Website. You grant Frankly Pet the right to use all content you upload or otherwise transmit to the Website in any manner that Frankly Pet chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
Frankly Pet reserves the right, but does not assume the responsibility, to (a) remove any material posted on the Website which Frankly Pet, in its sole discretion, deems inconsistent with the foregoing commitments, including any material that Frankly Pet has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any user’s access to all or part of the Website. However, Frankly Pet, and its affiliates cannot review all material before it is posted to the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Frankly Pet assumes no liability for any action or inaction regarding transmission, communication, or content provided by third parties or users. Frankly Pet reserves the right to take any action they deem necessary to protect the personal safety and enjoyment of users of the Website and the public; however, Frankly Pet has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Your failure to comply with the above permissions may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.
UNSOLICITED IDEAS AND SUBMISSIONS
We welcome feedbacks, questions, and comments about the Website and its contents. As a general policy, all communications, submissions, and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to the Website or otherwise upon submission become the sole and exclusive property of Frankly Pet and may be used by Frankly Pet for any purpose whatsoever, commercial or otherwise, without compensation to you.
WARRANTY AND LIMITATIONS DISCLAIMERS
Frankly Pet does not assume any liability for the materials, information, and opinions provided on, or available through, the Website (the “Website Content”). Reliance on the Website Content is solely at your own risk. Frankly Pet disclaims any liability for injury or damages resulting from the use of the Website Content.
THE WEBSITE, AND CONTENT PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS. NEITHER FRANKLY PET NOR ANY PERSON ASSOCIATED WITH FRANKLY PET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER FRANKLY PET NOR ANYONE ASSOCIATED WITH FRANKLY PET WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FRANKLY PET DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATION ON DAMAGES
IN NO EVENT WILL FRANKLY PET OR ITS LICENSORS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, OR ITS CONTENT, OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY FRANKLY PET AND WHETHER OR NOT FRANKLY PET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
GOVERNING LAW AND JURISDICTION