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Terms & Conditions
Terms & Conditions
ACCEPTANCE OF TERMS
Gateway Pet Products ("Company") provides websites for use by consumers and businesses including this website at www.gatewaypetproducts.com (referred to hereafter as "the Website") subject to the following Terms of Use. By using the Website in any way, you are agreeing to comply with the Terms of Use. Should you object to any term or condition of the Terms of Use or any guideline of the Website, your only recourse is to immediately discontinue use of the Website.
CHANGES TO THE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify, or alter the Terms of Use at any time. Such changes shall become effective immediately upon the posting thereof. The most current version of the Terms of Use will be linked from the footer of the Website. You must review the Terms of Use on a regular basis to keep yourself apprised of any changes.
CONDUCT
You agree not to post any text, files, images, video, audio, or other materials ("Content") or to use the Website in any way that:
1. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
2. violates any state, federal, or other law;
3. threatens, harasses, or is libelous;
4. is harmful to minors;
5. contains self-benefiting advertising or marketing in public areas of the Website that have not been paid for and are not designated for the addition of promotional content;
6. produces software viruses or code harmful to other computers;
7. disrupts the normal dialogue of users of the Website;
8. employs misleading or false information;
9. uses forged headers or other items to manipulate identifiers in order to disguise the origin of Content.
You agree not to decompile or reverse engineer or otherwise attempt to discover any source code contained in the Website.
Unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Website. Any business that registers with a listing or purchases advertising or any other service ("Customer") has the right and permission to manage their listing or purchased advertising or other service to their commercial benefit so long as the codes of conduct above are not violated.
PRIVACY
Please review our Privacy Policy for details on the Company's collection, disclosure, and use of personally identifiable information and privacy matters. Use of the Website is based on your agreement to the Privacy Policy and Terms of Use.
CONTENT
You understand that all Content posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. You understand that Company does not control, and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
If you believe that Content on the Website violates your copyright(s), you may file a Digital Millennium Copyright Act (DMCA) notification by submitting your claim via email to gatewaypetproducts@gmail.com or via mail to Box 363, 100 James Street, Smithville, MO 64089 with supporting documentation to establish your rights. In order for us to process your claim, you must fully comply with the laws established by the DMCA, which, in summary, include (a) notification to the correct party; (b) delivery of your notification via fax, email, or registered mail; (c) clear identification of the date and your jurisdiction, including your contact information; (d) clear identification of yourself and your website; (e) clear identification of the copyright violator; (f) clearly outline the copyright violations using searches, screenshots, and so forth; (g) demand removal of the offending material; and (h) attest, under penalty of perjury, that you are the owner of the copyright and include your copyright registration information, if registered.
By adding Content to the Website, you grant, and you represent and warrant, that you have the right to grant to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content.
Company does not endorse nor certify content that is posted on the Website. All information anywhere on the Website including, but not limited to, information provided by Company, Company partners, thornell.com members, and general Website users, whether provided by a lawyer or non-lawyer, is not posted confidentially and shall not create attorney/client privilege and is intended as general information to start legal research and shall not be used in place of a one-on-one dialogue with an attorney licensed in your area and familiar with your particular legal issue.
Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances. The legal information on this Website is not legal advice and is not guaranteed to be correct for your jurisdiction or circumstances, complete, or up-to-date. Laws change rapidly and Company cannot guarantee that all the information on the Website is current.
This Website and some of the Content on this Website contain links to other resources on the Internet. Such links are provided as aids to assist you in identifying and locating other Internet resources that may be of interest to you, and are not intended to state or imply that Company sponsors, endorses, are affiliated or associated with, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in said links.
Information at our Website may be outdated due to the date and the method of the collection or may be incorrect. If you find information on the Website that you believe to be in error, please contact us with the specifics and we will investigate the matter and where we are allowed by our data source we will update the information. If information belongs to you and we cannot update it then you have the right at any time to request that it be removed from the Website. Company also reserves the right in its sole discretion to remove from the Website any information that the Company deems to be false, misleading, or inappropriate, or for any other reason.
DATA RETRIEVAL
Company allows the crawlers of Google, Yahoo, Bing, and Ask to retrieve the Website pages automatically. The use of other automated tools that can impact the performance of the site, to download data from the Website is expressly prohibited.
CONSENT TO RECEIVE E-MAILS
By using the Website, you consent to receive emails from Company. Any emails sent that are not thornell.com account and service related emails will allow you to opt out of the receipt of such emails..
LIMITATIONS AND TERMINATION
Company may create limitations of your use of the Website including, but not limited to, the number of times you may access the Website. Limitations can include full termination of your access to the Website and you agree that Company has the right at any time, in its sole discretion, with or without notice, to modify or discontinue the Website (or any part thereof), to delete or deactivate your account and immediately remove and discard any Content within the Website.
DISCLAIMER OF WARRANTIES
THE COMPANY WEBSITE AND ANY INCLUDED SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, ERRORS, VIRUSES, MERCHANTABLE AND THAT IT IS FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE OR ANY SERVICE OR PART THEREOF.
INDEMNITY
You agree to indemnify and hold Company, its officers, directors, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content on to the Website, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
JURISDICTION
The Terms of Use shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Missouri.
PARTIAL INVALIDITY
Any provision of this Terms of Use which is found to be invalid or unenforceable by any court in any jurisdiction shall not affect the validity or enforceability of the provision in other jurisdictions and shall not affect the validity or enforceability of the remaining provisions. The waiver or failure of Company to exercise in any respect any right provided for in this Terms of Use shall not be deemed a waiver of any further right under this Agreement.
VIOLATION OF TERMS
You agree that monetary damages may not be a sufficient remedy for any breach of this Agreement and that Company shall be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
RETURNS / REFUNDS
All purchases come with a 30 day Money Back Guarantee. Should you change your mind about your purchase please, call contact us at (888) 873-3442 or email and we will assist you.
If you wish to cancel your purchase after 30 days, a pro-rata deduction will be made and the remaining amount will be refunded. It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.
If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order.
GENERAL
The Terms of Use constitute the entire agreement between you and Company and govern your use of the Website, superseding any prior agreements between you and Company.
Privacy Policy
Gateway Pet Products has created the following Privacy and Security Policy to let you know what information we collect, why we collect it, and to whom it may be disclosed.
· This Privacy and Security Policy also addresses our data security practices and the options you have to access and control personally identifiable and non-personally identifiable information.
· Our Terms and Conditions govern this Privacy and Security Policy.
· To the extent there is a conflict between the terms of this Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
· We may periodically make changes to this Privacy and Security Policy.
· It is your responsibility to review this Privacy and Security Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.
· This Privacy and Security Policy supersedes any and all previous versions.
Entering the Sites constitutes your acceptance and agreement to all terms contained in this Privacy and Security Policy. If you do not agree with the terms set forth in this Privacy and Security Policy, please do not enter the Site.
INFORMATION WE COLLECT
· Personally Identifiable Information
o The term “personally identifiable information” means information that you voluntarily provide to us and which personally identifies you, such as your name, phone number, physical address, and any other data or information that would allow someone to personally identify you.
· Non-Personally Identifiable Information
o The term “non-personally identifiable information” means information that you voluntarily provide to us or which we collect electronically, but which does not personally identify you.
o To register for an account, we require you to supply us with your email address. Your email address does not personally identify you, but is a means for us to contact you. You may later access, update and modify any inaccuracies.
o Please note, we generally keep a copy of your email address(es) for our records.
WHY WE COLLECT INFORMATION
· We collect any and all information in order to supply you with the products or services you request, process payment, communicate with you and comply with any legal requirements.
DISCLOSURE OF INFORMATION
· We do not sell or rent personally or non-personally identifiable information to third parties.
· We may disclose information to our staff and to third parties involved in the completion of your transaction.
· We may disclose information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us or (2) to protect and defend our property or other rights, the users of the Sites or the public.
· We may disclose information with other companies and organizations for fraud and credit risk purposes.
· We will use commercially reasonable efforts to make you aware of the disclosure of your information contrary to the terms set forth in this Privacy and Security Policy – if, for example, we discover a security breach.
PROTECTION OF INFORMATION WE COLLECT
· We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form.
· We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system.
· While no computer system is completely secure, we believe the measures implemented by our Sites reduce the likelihood of security problems to a level appropriate to the type of data involved.
· Our servers use Secure Sockets Layer (SSL) and encryption technology that works with Netscape Navigator, Microsoft Internet Explorer, Firefox, Safari, and AOL's browser, with the objective that only we can read a customer's personally identifiable information.
· We employ physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of any personally identifiable information.
THIRD PARTY WEBSITES
· The Sites may contain links to third party websites.
· We are not responsible for the privacy practices or the content of such websites even if you access those using links from our Sites.
· Your use of these third party websites is entirely at your own risk and we recommend that you check the privacy and security policy of each website you visit.
· Clicking on a third party link will essentially take you to a third party’s website.
· We make no representation or warranty as to the effectiveness, quality, legitimacy or data protections of any third party website.
EMAIL COMMUNICATIONS
From time to time, we may send non-commercial electronic mail messages to your email account. In addition, we regularly send email order confirmations and email order updates to you after you have submitted an order.
IF YOU HAVE A PRIVACY QUESTION
If you have a privacy question about the Sites, or about the Privacy and Security Policy, please contact us via e-mail or write to us at:
Gateway Pet Products
Box 363
100 James Street
Smithville, MO 64089
Our guard dog. When he's awake.
Terms of doing business so we all understand.