PRODUCT WARRANTY. Company warrants that, at the time of delivery to you, the Products will conform in all material respects to the specifications posted on the Website/Amazon Listing relative to such Products. You acknowledge and agree that the Company is not responsible for damage or loss caused by chewing, tearing, biting, clawing, or other damage or loss done by an animal. Company is also not responsible for damage done by repeated use of the Products that causes damage or loss over time. In addition to this provision, please note the other warranty limitations and provisions below. Any warranties made in the Terms are for your benefit only: not for third parties benefits.
LIMITATION OF WARRANTY. THE WEBSITE, SERVICES, PRODUCT LISTINGS AND PRODUCTS, ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE WEBSITE, PRODUCT LISTINGS, THE SERVICES, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, AND YOU AGREE TO HOLD COMPANY FROM AND AGAINST ANY SUCH CLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION ON LIABILITY. IN NO EVENT WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE PRODUCTS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID FOR THE PRODUCT WHOSE USE GAVE RISE TO THE CLAIM, OR THE MINIMUM PERMISSIBLE UNDER THE APPLICABLE LAW; WHICHEVER IS LESS. THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THIS WARRANTY IS SOLELY FOR THE BENEFIT OF THE ORIGINAL PURCHASER AND NOT THIRD PARTIES.
GOVERNING LAW, JURISDICTION, AND CONSENT TO UNITED STATES PROCESSING. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Minnesota. The Company complies with all applicable laws and regulations. This may require cooperation with governmental authorities with respect to information we receive from you. If we believe it is necessary, in our sole discretion, to disclose information about you to law enforcement officials or in connection with a court proceeding, you hereby consent to such disclosure. In addition, if we believe a disclosure of such information is necessary to protect our property and rights, to protect public safety, or to prevent potentially illegal or unethical conduct, we may disclose certain information, and you consent to such disclosure. If you reside outside the United States, your local laws may afford a higher degree of protection to your Personal Information than provided under United States law. Your use of our products constitutes your consent to have your Personal Information transferred to, collected by, and processed by servers in the United States.
INDEMNIFICATION. You agree to defend, indemnify and hold Company harmless from and against any cost, expense, fee, judgment, ruling, allegation, governmental action, or claim, including attorney fees, related to (1) your beach of this Agreement; or (2) a claim by a third party related to their use of a product you purchased.
CLASS ACTION WAIVER. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR ACTING AS A PRIVATE ATTORNEY GENERAL IN A COURT OR ARBITRATION PROCEEDING, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION OR ACTING AS A PRIVATE ATTORNEY GENERAL,(NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION OR ACTING AS A PRIVATE ATTORNEY GENERAL.
SURVIVAL. THE PARTIES AGREE THAT THE LIMITATION OF WARRANTY, LIMITATION OF LIABILITY, GOVERNING LAW, CLASS ACTION WAIVER and INDEMNIFICATION CLAUSES SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY.
THE FOOD AND DRUG ADMINISTRATION HAS NOT EVALUATED THESE STATEMENTS. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, OR PREVENT DISEASE. CONSULT DOCTOR BEFORE USING OUR PRODUCTS..