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Privacy Policy Statement
WholePet Market LLC (the "Company" or "We" or "Us") is sensitive to your concerns about how we may use and share personal information that we collect from you. We recognize and respect the importance of maintaining the privacy of our visitors and members and have established this Privacy Policy Statement ("Privacy Policy") as a result. This Privacy Policy is incorporated into our Terms of Use and Account Agreement and therefore governs your use of WholePetMarket.com (the "website") and/or any services offered by the Company. By visiting WholePetMarket.com and/or utilizing any services offered by the Company, you are accepting current practices described in the Privacy Policy.
The information we learn from customers helps us enhance and personalize the WholePet Market website and the services we offer. We gather the following types of information.
Information You Give Us: We receive and store any information you enter on our Web site or give in any other way (e.g., by telephone). This may include information you provide when you register as a member, engage in transactions, search, contact customer service, or participate in contests, promotions, surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions or other aspects or services offered by us or our affiliates. As a result, you may be supplying us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; names and e-mail addresses of friends and possible referrals and other people.
Automatic Information: We automatically receive and store certain types of information whenever you interact with us. For example, as most websites do, we use "cookies," and we obtain certain types of information when your web browser accesses WholePetMarket.com. This information is compiled and analyzed on both a personal and an aggregated basis, and it may include the website's Uniform Resource Locator ("URL") that you just came from, which URL you will go to next, what browser you are using, and your Internet Protocol ("IP") address. Other examples of automatic information we may collect are purchase history, products viewed or searched for, visits to certain pages, page interaction information and the phone number you used to call our number.
WholePetMarket.com uses small text files called "cookies" that provide non-personally identifiable information to us regarding the visitors to the website. In addition to the URL and IP addresses of our visitors, cookies may gather the date and time of all visits to our website. We may also track the pages of our website that users viewed during their visit, or track search terms entered on our website by that visitor. This helps us keep track of the number of visitors to our website and allows us to gauge the areas that are of the most interest to our visitors. This information is analyzed periodically and is used to gain a broader picture of usage patterns at our site.
Information about our customers is an important part of our business. We use information we collect to communicate with you, to process your orders, to provide an enhanced and more personalized interactive shopping experience and to inform you of offers and discounts. We DO NOT share customer information with third parties.
Protection of WholePet Market: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of WholePet Market, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We have taken precautions, including the deployment of technological resources and the use of firewalls, systems and procedures, to protect the security of your personal information. While no security system is absolutely foolproof, we are constantly reviewing, refining and upgrading our security technology to protect your privacy. When you open an account with WholePet Market, you are issued a password by which to access and secure your account and account information. Although we have taken these precautions, you are responsible for maintaining the secrecy of your password, which should not be disclosed by you. Be sure to sign off when finished using a shared computer.
Minors: You must be 18 years of age or older to become a member of WholePet Market. We do not collect information from minors.
Changing Your Personal Information: You may review, change or correct your personally identifying information at any time by accessing your account information on the website. You are responsible for maintaining the accuracy and completeness of your personal and other information, including your e-mail address, and we urge you to review your information regularly to ensure that it is correct and complete.
Conditions of Use, Notices, and Revisions: If you choose to visit WholePetMarket.com and/or use the Company's services, your visit and/or any dispute over privacy is subject to this Privacy Policy Statement and our Terms of Use and Account Agreement (if you are a member), including limitations on damages, arbitration of disputes, and application of the law of the state of Utah. If you have any concern about privacy at WholePet Market, please contact us. Our Privacy Policy Statement, the Terms of Use and other terms and conditions may change. In the event of a change, the revised policies or terms and conditions will be posted immediately to our website. You should check the website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy Statement applies to all information that we have about you.
Terms of Use
Welcome to WholePetMarket.com (the "website" or the "Web Site"). This website is owned and operated by WholePet Market LLC. its affiliates, agents and licensors (collectively, "we", "us", "our" or "WholePet Market"). You understand that your use of this website constitutes your consent to and agreement to abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions.
PRICING
In the unlikely event that a product is associated with an incorrect price, WholePet Market LLC. reserves the right to cancel an order or perform a billing adjustment after e-mail notification to you. You also will have the right to cancel the order.
PRIVACY Our Privacy Policy Statement also governs your visit to WholePetMarket.com .
GRANT OF LICENSE
WholePet Market grants you a single, non-exclusive, limited personal license to access and use the website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the website.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by WholePetMarket.com in writing, you agree not to use any software, program, application or any other device to access or log on to WholePetMarket.com's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from WholePetMarket.com's computer systems, Web site or proprietary software. WholePetMarket.com is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WholePet Market and our affiliates without express written consent. You may not use WholePet Market's name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying WholePet Market in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of WholePet Market.
INFORMATION AND PRODUCT DESCRIPTIONS
The website may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through WholePetMarket.com, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither WholePet Market, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither WholePet Market, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the website. You understand that none of the Information available through the website constitutes a recommendation or solicitation to take or not take any particular action.
Further, WholePet Market does not warrant that product descriptions on the website are accurate, complete, reliable, current, or error-free. If a product offered by WholePet Market itself is not as described, your sole remedy is to return it promptly in unused condition.
COMMUNICATIONS
The website may permit you to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. WholePet Market reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant WholePet Market and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant WholePet Market and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WholePet Market or its affiliates for all claims resulting from content you supply. WholePet Market has the right but not the obligation to monitor and edit or remove any activity or content. WholePet Market takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, WholePet Market is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to WholePet Market for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
OTHER BUSINESSES AND LINKS
Parties other than WholePet Market and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, WholePetMarket.com may provide a link to other services or sites as part of the website. Such sites are not under the control of WholePet Market, and WholePet Market makes no representations or warranties whatsoever of the offerings of, any of these websites, businesses or individuals or the content of their websites. Unless we expressly state otherwise, the fact that WholePet Market has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WholePetMarket.com so long as the link does not portray WholePetMarket.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the WholePet Market logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to WholePetMarket.com in any way that suggests WholePet Market has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THIS SITE IS PROVIDED BY WholePet Market ON AN "AS IS" AND "AS AVAILABLE" BASIS. WholePet Market MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WholePet Market DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WholePet Market DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WholePet Market ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WholePet Market WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify and hold WholePet Market and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.
COPYRIGHTS
The website, its content and compilation of content, and all software used on the website is owned by WholePet Market or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to WholePet Market or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of WholePet Market's, its affiliates' or its third party information providers' copyrights and other proprietary rights.
TRADEMARKS
WholePet Market and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on our site are trademarks or trade dress of WholePet Market LLC in the United States and other countries. WholePet Market trademarks and trade dress may not be used in connection with any product or service that is not WholePet Market's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WholePet Market. All other trademarks not owned by WholePet Market that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WholePet Market.
MODIFICATIONS TO THE WEBSITE
WholePet Market reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the website with or without notice. You agree that WholePet Market will not be liable to you or to any third party for any such modification, suspension or discontinuance.
TERMINATION
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the website. You further agree that WholePet Market, in its sole discretion and with or without notice, may terminate your access to any or all of the website, and remove and discard any information or content within the website. You also agree that WholePet Market will not be liable to you or any third-party for any termination of your access to the website.
GOVERNING LAW/SEVERABILITY
These Terms shall be subject to and construed in accordance with the laws of the State of Utah, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES
Any dispute relating in any way to your visit to WholePetMarket.com or to products you purchase through WholePetMarket.com or by phone shall be submitted to confidential arbitration in Utah, except that, to the extent you have in any manner violated or threatened to violate WholePet Market’s intellectual property rights, WholePet Market may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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