Terms & Conditions
Effective date: November 20, 2018
Last updated on October 16, 2019
Welcome to Mama T’s Pet Products! “Mama T’s Pet Products” (‘Mama T’s Pet Products;’ “we,” us,” or “our”) website and services are provided by Bend Pet Care Products, LLC. These terms and conditions (“Terms and Conditions”) govern your (“you” or “your”) access to and use of the mamatspetproducts.com website (the “Website”) and all services provided by Mama T’s Pet Products via the Website including without limitation or monthly product and gift service (collectively, the “Services”).
THIS WEBSITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE THIS WEBSITE WITHOUT PARENT OR GUARDIAN APPROVAL. YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR COUNTRY YOU ARE IN TO PURCHASE OUR SERVICES OR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR SERVICES OR PRODUCTS AND/OR IF YOUR STATE OR COUNTRY ALLOWS THE PURCHASE OF OUR SERVICES OR PRODUCTS UNDER APPLICABLE LAW.
ACCEPTANCE OF TERMS
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions are located on the website.
Mama T’s Pet Products shall be not held liable for any improper or incorrect use of the information or Services on this Website and assumes no responsibility for anyone’s use of the information or Services.
By using this Website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this Website or any of its Content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this Website in any way. Visitors who use this Website and rely on any information do so at their own risk. We are not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them.
These statements have not been evaluated by the Food and Drug Administration. Our Services are not intended to diagnose, treat, cure or prevent any disease. By agreeing to the Terms and Conditions you agree that you understand that the products purchased, contain cannabinoids from hemp oil. As these Services have not been evaluated by the FDA, we make no claims as to any benefits from our Services. If you decide to purchase our Services, you do so based upon your own opinions as to any benefits they may provide.
Mama T’s Pet Products does not promote, condone or advocate licit or illicit drug use. Mama T’s Pet Products cannot be held responsible for material on its Website pages, or pages to which we provide links, which promote, condone or advocate licit or illicit drug use or illegal activities.
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your participation in the Website and use of the Services do not breach these Terms and Conditions and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your Account, your Account may be terminated immediately, without notice.
Mama T’s Pet Products attempts to be as accurate as possible. However, Mama T’s Pet Products does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If an item offered by Mama T’s Pet Products itself is not as described, you may return it unused.
SCOPE OF SERVICE/ELECTRONIC COMMUNICATIONS
Mama T’s Pet Products maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, and to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of Products or Services, or other information without obligation to issue any notice of such changes.
Our logo, our name, Mama T’s Pet Products, and logo and our slogan, “It’s all about the love…” (collectively “Logo”)) are registered trademarks and may not be used in connection with any other product or service without the prior written consent of Mama T’s Pet Products.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- All Content, our logo, and/or any other visual media on this Website are subject to trademark and/or copyright protections and may not be removed.
Your Subscription begins after you email firstname.lastname@example.org. A representative will call you to set up your preferred service and obtain personal information. Our Subscription and the relevant billing authorization will continue indefinitely until cancelled by you. You will automatically be charged each month on the agreed upon day for your ongoing Subscription. You may cancel your subscription at any time by emailing email@example.com or calling 541-728-1356, BEFORE YOUR NEXT ORDER PROCESSES AND SHIPS. As a subscribed member, each month, you will receive 10% off your order. BY SUBSCRIBING, YOU AGREE TO PAY FOR THE PRODUCTS SUPPLIED EACH MONTH.
If you use this Website, you are responsible for maintaining the confidentiality of your information. Mama T’s Pet Products reserves the right to refuse service, terminate Accounts, remove or edit Content, or cancel orders in our sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS WEBSITE IS PROVIDED BY MAMA T’S PET PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAMA T’S PET PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAMA T’S PET PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAMA T’S PET PRODUCTS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MAMA T’S PET PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAMA T’S PET PRODUCTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, 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.
BILLING AND PAYMENTS
We accept the following credit cards via our third party payment service provider, Paypal: Visa, MasterCard, American Express, and Discover. By submitting your credit card information, you grant Mama T’s Pet Products the right to store and process your information with our third-party payment service provider, which we may change from time to time. You agree that Mama T’s Pet Products will not be responsible for any failures of any third party payment service provider to adequately protect your credit card information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service. You acknowledge that we may change the third-party payment service in our sole discretion and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Website and/or any Services. You waive your right to dispute any payment made into your Account and you will bear all costs associated therewith.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with the Website and/or any Services, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.
In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account and/or cancel your order and/or Subscription. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
For your convenience and continuous Subscription benefits, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing Subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the Account is no longer valid. You are responsible for maintaining up-to-date payment method information or promptly canceling your Subscription should you wish to discontinue your monthly purchase of Products.
SHIPPING AND RISK OF LOSS
Shipping dates and/or arrival times are only an estimate. All packages are shipped first class and contain tracking numbers. For loss/damage claims, you must notify Mama T’s Pet Products within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged.
All items purchased from Mama T’s Pet Products are made pursuant to a shipment contract. Accordingly, the risk of loss and title for such items pass to you upon our delivery to the carrier.
Replacement of items and credits to your Account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We may adjust your Account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your Subscription and/or Account.
RETURNS AND EXCHANGES
If an item is defective, you may return it within thirty (30) days of receipt and we will send you a new item. To request a refund, please contact us at firstname.lastname@example.org. When returning an item, it is your responsibility to take reasonable care to see that the item(s) are not damaged in transit and are received by us at the following address:
Mama T’s Pet Products | 61149 S Hwy 97 #532 | Bend OR 97702
Refunds are at the sole discretion of Mama T’s Pet Products. Shipping, return, and exchange of any items delivered by us in connection with your Subscription are subject to the Mama T’s Pet Products Shipping, Return, and Exchange Policy. Please mail any defective or return items to the above address.
This Website may be accessed from countries other than the United States. This Website and the Services may contain Services or references to Services that are only available within the United States and U.S. territories. Any such references do not imply that such Services will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MAMA T’S PET PRODUCTS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS, THE SERVICES, OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE MAMA T’S PET PRODUCTS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO MAMA T’S PET PRODUCTS IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our Subscription Service, and/or our supplied items, you agree to indemnify, hold harmless and defend Mama T’s Pet Products from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website and/or Services by you, any other person accessing the Website using your member Account, or any person obtaining items through your Subscription.
CONTENT SUBMITTED BY USERS
Mama T’s Pet Products does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Mama T’s Pet Products a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Mama T’s Pet Products the license specified above. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. Mama T’s Pet Products will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Mama T’s Pet Products. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting, or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor content submitted to our Website, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material on this website. Without limiting the foregoing, we have the right to remove any material that Mama T’s Pet Products, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Mama T’s Pet Products, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
Third-Party Websites: We have no control over and assume no responsibility for any third-party websites linked to from this Website, and/or their content, privacy policies, or practices or services. You are responsible for reading and agreeing to the terms and conditions and/or privacy parties of such third parties’ sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loess caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
By accessing our Website or other Service provided through our Website, you agree to abide by the following standards of conduct. Visitors may 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, commercial solicitation, 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 a card or other Content. 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 Mama T’s Pet Products for all claims resulting from Content you supply. Mama T’s Pet Products has the right but not the obligation to monitor and edit or remove any activity or Content. Mama T’s Pet Products takes no responsibility and assumes no liability for any Content posted by you or any third party. Mama T’s Pet Products reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted Content.
Without limiting the foregoing, you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Mama T’s Pet Products:
- Use language or a name that Mama T’s Pet Products, in its sole discretion, deems offensive;
- Post defamatory statements;
- Post hateful or racially or ethnically objectionable Content;
- Post Content that infringes another’s copyright, trademark or trade secret;
- Post unsolicited advertising or unlawfully promote products or services;
- Harass, threaten or intentionally embarrass or cause distress to another person or entity;
- Impersonate another person;
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
- Exploit children under 18 years of age;
- Engage in disruptive activity such as sending multiple messages in attempt to monopolize the forum;
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
- Obtain unauthorized access to any computer system through the Website;
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
- Solicit personal information from children under 18 years of age;
- Violate any federal, state, local, or international law or regulation; or
- Encourage conduct that would constitute a criminal or civil offense.
Our Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all Content contained on this Website is the property of Mama T’s Pet Products and/or its affiliates or licensers and is protected from unauthorized copying and dissemination by United States trademark law, international conventions and other intellectual property laws. The compilation of all Content on this site is the exclusive property of Mama T’s Pet Products, with trademark authorship for this collection by Mama T’s Pet Products, and protected by United States trademark laws.
Mama T’s Pet Product’s trademarks and trade dress may not be used in connection with any product or service that is not Mama T’s Pet Products’ Services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mama T’s Pet Products and/or its Services. All other trademarks not owned by Mama T’s Pet Products or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mama T’s Pet Products or its subsidiaries.
Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Mama T’s Pet Products and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
Any dispute relating in any way to your visit to this Website or to the Services you purchase through Mama T’s Pet Products shall be submitted to confidential arbitration in the state of Oregon, except that, to the extent you have in any manner violated or threatened to violate Mama T’s Pet Products intellectual property rights, Mama T’s Pet Products may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions 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 these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least thirty (30) days’ notice prior to any new terms and conditions taking effect. What constitutes a material change will be determined at our sole discretion. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These Terms and Conditions and any dispute of any sort between you and Mama T’s Pet Products will be construed and enforced under all applicable laws of the United States and the laws of the State of Oregon, without regard to principles of conflict of laws.
Copyright 2018, Mama T’s Pet Products All Rights Reserved.