Terms of Service
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “Customer”) AND ROSCOES PREMIUM PET BITES (“WE” OR “ROSCOES PREMIUM PET BITES”), THE OWNER AND OPERATOR OF THE WWW.ROSCOESPETBITES.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE SERVICES SOLD ON IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT.
By ordering products (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Roscoes Premium Pet Bites if your child breaches or disaffirms any term or condition of this Agreement.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
CHANGES TO THE SITE
Roscoes Premium Pet Bites may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
PERSONAL INFORMATION / PRIVACY
2 – PRICING
All product prices are shown on our Products page at www.roscoespetbites.com/products.html. If you subscribe to our monthly pet bites program, you will be charged the monthly amount to the program you chose. All product pricing is subject to change without notice.
3 – REFUND/CANCELATION POLICY
If you are dissatisfied with our Products for any reason, Roscoes Premium Pet Bites refund your unopened order within 5 business days. No refunds or exchanges will be given after 5 days.
Roscoes Premium Pet Bites will be diligent in its efforts to respond to Customer’s requests and problems within a time frame that reasonably reflects the urgency of the resolution of the request on a good faith basis. Roscoes Premium Pet Bites will use reasonable efforts to give appropriate advice, but the responsibility for acting on or implementing such advice shall remain with Client.
4 – WARRANTIES
THE GOODS OR SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS; INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5 – FORCE MAJEURE
Roscoes Premium Pet Bites shall not be liable for and is excused from any failure to deliver or perform or delay in delivery of products, due to acts of god, causes beyond its reasonable control or due to failure of Customer to provide sufficient information, resources, cooperation or personnel to support the order.
6 – DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon mediator in the following location: Yavapai County, AZ. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Each party shall be responsible for its own attorney fees.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in the following location: Yavapai County, AZ. The parties agree that the binding arbitration will be conducted under the then rules obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
7 – NOTICES
All notices or demands given hereunder or required by law will be given in writing, will refer to this Agreement, and will be sent to the applicable address or facsimile number on file.
8 – ATTORNEY FEES
If any litigation or arbitration is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses.
9 – GENERAL PROVISIONS
(a) Severability: If any part of this Agreement is held unenforceable, the rest of the Agreement will continue in full force and effect. (b) Applicable law: This Agreement will be governed by the laws of the State of Arizona. (c) Amendments: This Agreement may be amended by Roscoes Premium Pet Bites by updating the website containing these term and conditions. (d) Waivers: No delay or failure by any party hereto in exercising or enforcing any of its rights or remedies hereunder, and no course of dealing or performance with respect thereto, will constitute a waiver thereof.
10 – ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.