Website Terms and Conditions
By accessing and using this Website, you agree to be bound by the following terms and conditions and are entering into a legally binding contract with Merrick Pet Care that is valid and enforceable under a variety of state and/or federal statutes and the common law, so please carefully review this section before proceeding.
1. Merrick Pet Care reserves the right to change these terms and conditions and to make changes to any of the products described in this Website at any time without notice or liability.
2. © 2015 Merrick Pet Care. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the Website (in both print and machine-readable forms) belong to Merrick Pet Care You shall not in any manner violate or attempt to impair the Rights of Merrick Pet Care in the Website. Unless otherwise noted, other Merrick Pet Care graphics, logos, packaging, designs, page headers, button icons, scripts, slogans, and names may be registered trademarks, trademarks, copyrights, or trade dress of Merrick Pet Care in the U.S. and/or other countries. Merrick Pet Care’trademarks, copyrights, and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire information or use the Website. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the Website without the express written permission of Merrick Pet Care.
You agree that any breach of these terms and conditions would cause Merrick Pet Care irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Merrick Pet Care may be entitled, you agree that Merrick Pet Care may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement. Any breach of these terms and conditions shall result in immediate termination of the license provided for herein.
3. Unless otherwise specified, this Website and the Contents are displayed solely for the purpose of promoting and selling Merrick Pet Care products and services for sale where available in the United States to adults age 18 and over.
5. THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MERRICK PET CARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MERRICK PET CARE DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. MERRICK PET CARE SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF MERRICK PET CARE. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF MERRICK PET CARE.
MERRICK PET CARE ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE; HOWEVER, MERRICK PET CARE DOES NOT WARRANT THAT ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS OF OUR PRODUCTS THAT APPEAR ON THE WEBSITE. HOWEVER, AS THE ACTUAL COLORS YOU SEE WILL DEPEND ON YOUR MONITOR, WE CANNOT GUARANTEE THAT YOUR MONITOR’S DISPLAY OF ANY COLOR OR IMAGE WILL BE ACCURATE
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.
6. IN NO EVENT SHALL MERRICK PET CARE OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THIS WEBSITE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS WEB SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY.
7. This Web site may provide links or reference to other Websites. While Merrick Pet Care endeavors to provide links only to those Websites that are reputable and safe, Merrick Pet Care cannot be held responsible for the information, products, or services obtained on such other Web sites and will not be liable for any damages arising from your access to such Websites. Any links to other Websites are provided merely as a convenience to the users of this Website and any inclusion of such links and frames in this Website does not imply an endorsement of the linked or framed Websites or their content. Suppliers and advertisers may have trademarks that are shown on the Website. These trademarks are property of their respective owners. You acquire no rights in such content.
8. By uploading or sharing content (photos, video, reviews, comments, posts, etc.) on Merrick Pet Care’s website or any social media platform (Facebook, Twitter, Instagram, etc.), you are granting permission for Merrick Pet Care to repost your content. Merrick Pet Care reserves the right to share your content across our social properties and marketing materials.
9. THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN POTTER COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN POTTER COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.
10. The failure of Merrick Pet Care to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
11. These terms and conditions may not be assigned or transferred by you.