DIEDRICH PET, LLC

WEBSITE TERMS OF USE

Updated July 1, 2019

INTRODUCTION

These website Terms of Use (“Terms of Use”) govern your use of the website owned by Diedrich Pet, LLC (“Diedrich Pet”) and available at www.diedrichpet.com (the “Website”). By using the Website, you agree to follow these Terms of Use. When these Terms of Use refer to “use” of the Website, the term “use” is intended to be broadly construed to include any direct or indirect access to or use of the Website or any information or data included on the Website.

These Terms of Use only relate to your use of the Website and is further subject to the Diedrich Pet’s Privacy Policy, which governs with respect to the collection and use of information through the Website.

THIRD PARTY WEBSITES

These Terms of Use do not apply to any other website owned or operated by any third party retailer, supplier, or service provider, even if such third party links to the Website or the Website links to a third party website. Accordingly, these Terms of Use do not apply to the practices of any third party, affiliate, or business partner. You acknowledge that Diedrich Pet does not control such third party websites and is not responsible for any content, services, or products of such third parties.

CHANGES TO TERMS OF USE

Diedrich Pet reserves the right to change these Terms of Use in its sole discretion, without advance notice. Changes to these Terms of Use become effective on the date when the updated Terms of Use are published on the Website. You are advised to check the Terms of Use from time to time for updates. By using the Website after a change in the Terms of Use, you agree to follow and be bound by the Terms of Use as amended.

MODIFICATION TO WEBSITE, PRODUCTS, AND SERVICES

Diedrich 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.

WEBSITE AVAILABILITY

The Website may be unavailable due to either scheduled maintenance and unscheduled system outages or circumstances outside of Diedrich Pet’s control. Diedrich 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.

WEBSITE ERRORS

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, Diedrich Pet does not warrant that the information accessible via the Website is accurate, complete, or current. Any errors are unintentional. Diedrich Pet reserves the right to correct errors and to update information at any time.

Product Descriptions

Diedrich Pet attempts to describe the products offered on the site as accurately as possible. However, Diedrich 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, Diedrich Pet shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Diedrich 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

Diedrich 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 Diedrich Pet or the respective owner of such content.

Unless otherwise indicated, all trademarks on this website are subject to trademark rights of Diedrich 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 Diedrich Pet and are protected by U.S. and international copyright laws. All software used on this site is the property of Diedrich 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 Diedrich 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. Diedrich Pet will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.

USE OF WEBSITE

By using the Website, you agree that you are at least 13 years old and you agree to use the Website only for lawful purposes and in compliance with these Terms of Use. You agree not to do any of the following: (a) upload or transmit on the Website any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) upload or transmit to the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable materials; (c) use the Website to violate the legal rights (include the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (d) misrepresent an affiliation with any person or organization; (e) restrict or inhibit the use of the Website for others; (f) upload or otherwise transmit files that contain a virus or corrupted data; (g) post “spam”, transmit chain letters or engage in other similar activities; or (h) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Diedrich Pet, or users of the Website or expose any of them to liability.

You understand that you are responsible for whatever content you submit, and you, not Diedrich 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 Diedrich Pet the right to use all content you upload or otherwise transmit to the Website in any manner that Diedrich 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.

Diedrich Pet reserves the right, but does not assume the responsibility, to (a) remove any material posted on the Website which Diedrich Pet, in its sole discretion, deems inconsistent with the foregoing commitments, including any material that Diedrich 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, Diedrich 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, Diedrich Pet assumes no liability for any action or inaction regarding transmission, communication, or content provided by third parties or users. Diedrich 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, Diedrich 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 Diedrich Pet and may be used by Diedrich Pet for any purpose whatsoever, commercial or otherwise, without compensation to you.

WARRANTY AND LIMITATIONS DISCLAIMERS

Diedrich 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. Diedrich 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 DIEDRICH PET NOR ANY PERSON ASSOCIATED WITH DIEDRICH PET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER DIEDRICH PET NOR ANYONE ASSOCIATED WITH DIEDRICH 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. DIEDRICH 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 DIEDRICH 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 DIEDRICH PET AND WHETHER OR NOT DIEDRICH PET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF YOU HAVE A CLAIM AGAINST DIEDRICH PET THAT ARISES OUT OF THESE TERMS OF USE OR IS OTHERWISE RELATED OT THE WEBSITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIEDRICH PET TO YOU BE MORE THAN $100.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Diedrich Pet and its affiliates and subsidiaries; and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or out of or related to your use of the Website in violation of any of these Terms of Use.

GOVERNING LAW AND JURISDICTION

These Terms of Use, and Diedrich Pet’s collection and use of visitor information, comments, and submissions, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin

TERMINATION

Your failure to comply with these Terms of Use automatically revokes your authorization to use the Website and terminates all rights granted to you under the Terms of Use. Your obligations to Diedrich Pet and its affiliates and third party service providers relating to your use of the Website prior to termination shall continue after termination. Restrictions regarding the Website Content, disclaimers, and liability limitations under the Terms of Use shall survive termination, for any reason, of these Terms of Use.

MISCELLANEOUS

If these Terms of Use, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use shall remain in full force and effect. These Terms of Use are the entire agreement between you and Diedrich Pet and its affiliates relating to use of or access to the Website. These Terms of Use supersede and cancel any prior written or oral agreement between you and Diedrich Pet and its affiliates, which shall have no further force or effect.

TREAT YOUR DOG TO FRANKLY