Among other things, Tuffy’s Site provides information concerning various products and the opportunity to obtain additional information concerning those products or to purchase them. These Terms and the information provided by the Tuffy’s Site in no way override the terms and conditions of your purchase of any product except as specifically provided herein. To the extent any area within or feature offered by the Tuffy’s Site contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of Tuffy’s Site and your purchase of products through it. You further agree to comply with all of these Terms. You must be at least 18 years old to use Tuffy’s Site. If you are not at least 18 years of age, discontinue use of Tuffy’s Site and seek the assistance of your parent or guardian.
In connection with your registration or other interaction online with Tuffy’s Site, your purchase of products, and in connection with your use of our other programs, you may be asked to provide certain personal information, such as your name, email address, billing and mailing address, credit card information and date of birth or age, as well as information about your pet, and to generate a user name and password (collectively referred to as “Registration Information”). You agree to provide true and accurate Registration Information that is current and complete. If you provide Registration Information that is untrue, inaccurate, not current or incomplete (or if Tuffy’s suspects that such Registration Information either is or has become untrue, inaccurate, not current or incomplete), Tuffy’s may suspend or terminate your account and refuse any and all current or future use of the Tuffy’s Site or any portion thereof.
You agree that your use of the Tuffy’s Site to purchase products or services will be for your personal use and that of your pet(s). You agree not to use the Tuffy’s Site to place an order on behalf of yourself or a third party for purposes of resale of such product or service.
You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept all responsibility for activities that occur on or through your account, including any purchases made. You agree to notify Tuffy’s immediately if you suspect any unauthorized use of your account. Tuffy’s reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Upon registration and completing the applicable form associated with the purchase of a product(s) that you have added to your shopping cart, and upon providing the requisite Registration Information, the credit card that you provided on the form will be charged the applicable purchase price for the product(s), plus applicable sales tax (if any).
OTHER THAN AS EXPRESSLY PERMITTED IN THESE TERMS, ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your credit card statement through the identifier “discovernutrisource”.
All prices displayed on Tuffy’s Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the product(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the billing practices of Tuffy’s in effect at any given time. Upon reasonable prior notice to you (with Tuffy’s Site updates and/or notice by e-mail being sufficient), Tuffy’s reserves the right to change its billing practices whenever necessary, in its sole discretion. Continued use of Tuffy’s Site and/or purchase of product(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing practices shall not apply to any charges incurred prior to the applicable amendment or modification.
Tuffy’s authorization to provide and bill for product(s) is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Tuffy’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
The receipt of a purchase confirmation number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to purchase. Product offerings are provided on an “As Is” and “As Available” basis. Tuffy’s reserves the right, without prior notification, to refuse an offer to purchase, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on Tuffy’s Site are subject to change without notice. Errors will be corrected when discovered and Tuffy’s reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of Tuffy’s Site. Tuffy’s reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Tuffy’s sole discretion.
Risk of Loss.
All items purchased from Tuffy’s are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Tuffy’s attempts to be as accurate as possible. Tuffy’s does not warrant that product descriptions or other content on Tuffy’s Site is accurate, complete, reliable, current or error-free. If a product offered by Tuffy’s is not as described, your sole remedy is to return the product.
The content, product descriptions and other material contained on Tuffy’s Site: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease that your pet may have contracted; (b) are not in any way intended as dietary and/or veterinary advice for your pet or as a substitute for veterinary advice and/or treatment; and (c) should only be used in conjunction with the guidance and care of your pet’s veterinarian. You should always consult with your veterinarian before utilizing any Tuffy’s products and/or adopting any diet and/or treatment for a health problem. Never disregard professional veterinary advice or delay in seeking professional advice because of something that you have read on Tuffy’s Site.
Without limiting the foregoing, certain food items sold by Tuffy’s may include ingredients that your pet is allergic to. You should always check the ingredients in every product to avoid potential allergic reactions. If your pet has, or you suspect that your pet has experienced, an allergic reaction or other adverse health event, promptly contact your veterinarian.
Tuffy’s offers a satisfaction guarantee that is a limited warranty on any product purchased through Tuffy’s Site. If you are not satisfied with your purchase of a product purchased through Tuffy’s Site, please see Tuffy’s separately posted Return Policy.
TUFFY’S SATISFACTION GUARANTEE (AS DESCRIBED ABOVE) IS EXCLUSIVE AND IN LIEU OF ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TUFFY’S HEREBY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES, THE DURATION OF ANY APPLICABLE IMPLIED WARRANTY IS LIMITED TO THE GUARANTEE PERIOD DESCRIBED ABOVE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Any oral or written description of any product is for the sole purpose of identifying it and shall not be construed as any additional express warranty.
UNDER NO CIRCUMSTANCES SHALL TUFFY’S, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED THROUGH TUFFY’S SITE, EVEN IF TUFFY’S IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TUFFY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Tuffy’s on or through Tuffy’s Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. Tuffy’s may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Tuffy’s in any way, except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Tuffy’s or by third parties that have licensed their use to Tuffy’s. All trademarks, brand names, custom graphics, icons and service marks associated with the products on the Tuffy’s Site are the intellectual property of their rightful owners including, without limitation, the applicable manufacturers and/or distributors of such products. You may view and use the Content only for your personal information and for shopping and ordering on or through Tuffy’s Site, and for no other purpose, and you shall keep intact all copyright and other proprietary notices. Except as provided in the foregoing, Tuffy’s does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through Tuffy’s Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Tuffy’s, is strictly prohibited. You agree not to license, sublicense, reproduce, transfer, assign, host or otherwise commercially exploit the Tuffy’s Site or its Content.
Notice and Procedure for Making Claims of Intellectual Property Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please notify the Tuffy’s copyright agent in writing (the “Notice”). The Notice must include all of the information specified below:
The Notice must be sent by mail or e-mail to the Tuffy’s Intellectual Property Agent, as follows:
KLN Family Brands
Attn: General Counsel
109 Lakeside Drive
PO Box 230
Perham, MN 56573
Links to other Internet sites, social media pages, or other platforms operated by third parties, including Tuffy’s vendors, do not constitute sponsorship, endorsement, or approval by Tuffy’s of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Tuffy’s, and Tuffy’s is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
By submitting any communication or material to Tuffy’s through the Tuffy’s Site, you agree that such communication and material does not violate any provisions of the Prohibited Content/Conduct section below. You further agree that you are automatically granting an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display, prepare derivative works of, incorporate into other works, and otherwise use the communication or material you transmit. You agree to irrevocably waive, to the fullest extent possible, any claims of publicity or moral rights, or attribution with respect to the communication or material you transmit.
Access to and use of password protected and/or secure areas of Tuffy’s Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of Tuffy’s Site may be subject to prosecution.
TUFFY’S MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO TUFFY’S SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. TUFFY’S ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF TUFFY’S SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT TUFFY’S SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH TUFFY’S SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF TUFFY’S SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL TUFFY’S, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF TUFFY’S SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF TUFFY’S IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a condition of your access to Tuffy’s Site, you are prohibited from posting, uploading, exhibiting, communicating or distributing content or engaging in conduct that violates any applicable laws, rules or regulations or which Tuffy’s, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited content or conduct includes, but is not limited to, the following:
Tuffy’s shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of Tuffy’s Site. Such revisions and additions shall be effective immediately upon the posting of the revised or additional terms and conditions on Tuffy’s Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Tuffy’s to these Terms. ANY ACCESS OR USE OF THE TUFFY’S SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Tuffy’s shall be valid or enforceable against Tuffy’s unless expressly agreed to by Tuffy’s in a writing signed by a duly authorized officer of Tuffy’s.
These Terms are effective until amended or terminated by Tuffy’s. Tuffy’s may amend or terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Tuffy’s Site, and the restrictions imposed on you with respect to the Content (as defined above), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Tuffy’s shall also have the right without notice and at any time to terminate the Tuffy’s Site or any feature or portion thereof, or any products or services offered through it, or to terminate any individual’s right to access or use of the Tuffy’s Site or any feature or portion thereof.
When you use Tuffy’s Site and/or send emails to Tuffy’s, you are communicating with Tuffy’s electronically. As such, you consent to receive communications from Tuffy’s electronically. Tuffy’s will communicate with you by email or by posting notices on Tuffy’s Site. 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. Without limiting the foregoing, you acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by Tuffy’s as a means of accepting the Terms, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Terms. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH TUFFY’S SITE. Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires: (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.
Tuffy’s Site may include certain services that are available to you via your mobile devices if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Tuffy’s, and access certain other features (collectively the “Mobile Services”). You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages. You also consent to receive communications electronically, such as e-mails, texts, mobile push notices, or notices and messages, from manufacturers or suppliers of products you have ordered through Tuffy’s Site. Although Tuffy’s does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that Tuffy’s may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Tuffy’s. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Tuffy’s intends to send to you are not sent to another person who acquires your former mobile number(s).
The number of text alerts you’ll receive will vary based on your selections and the frequency at which you place orders with Tuffy’s. To discontinue text alerts from Tuffy’s, text “STOP” to any text sent by Tuffy’s. To receive help information, text “HELP” to any text sent by Tuffy’s. Message and data rates may apply.
You agree to defend, indemnify, and hold harmless Tuffy’s, Tuffy’s vendors, and their affiliates and related entities and their respective directors, officers, managers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to any breach by you of these Terms or your access to or use of the Tuffy’s Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of Tuffy’s Site or any product provided to you arising out of or relating to your use of Tuffy’s Site.
YOU AND TUFFY’S AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. Tuffy’s will provide such notice by e-mail to your e-mail address on file with Tuffy’s and you must provide such notice by e-mail to email@example.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Tuffy’s and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Tuffy’s nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney general action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if Tuffy’s makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) of which you had already provided notice to Tuffy’s. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts with jurisdiction in Mequon, Wisconsin to resolve such claims.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Tuffy’s of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.Tuffy’s shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, pandemic or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
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