Terms of Use
By clicking “Sign In,” “Create Account,” “Complete Purchase,” or by otherwise accessing or using our website or mobile services (collectively, the “Site”), you agree to be bound by these Terms of Use. Certain products, services, promotions, subscriptions, or programs offered through the Site may be subject to additional terms and conditions. If these Terms of Use conflict with any additional terms applicable to a specific product, service, promotion, or program, the applicable additional terms will control with respect to that product, service, promotion, or program.
THESE TERMS OF USE, TOGETHER WITH ANY ADDITIONAL PRODUCT- OR SERVICE-SPECIFIC TERMS MADE AVAILABLE THROUGH THE SITE, CONSTITUTE A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND NOVA PET SUPPLY (“NOVA PET SUPPLY,” “WE,” “US,” OR “OUR”). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SITE, AS WELL AS YOUR PURCHASE OR USE OF PRODUCTS AND SERVICES OFFERED THROUGH THE SITE.
BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO COMPLY WITH THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THIS AGREEMENT IF YOU ARE UNDER 18 YEARS OF AGE.
ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION AGREEMENT THAT MAY AFFECT YOUR LEGAL RIGHTS. SUBJECT TO THE TERMS OF THE ARBITRATION PROVISION SET FORTH BELOW, YOU AND NOVA PET SUPPLY AGREE THAT CERTAIN DISPUTES BETWEEN US WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NOVA PET SUPPLY ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR JURY TRIAL. ARBITRATION PROCEDURES MAY PROVIDE FOR MORE LIMITED DISCOVERY AND APPELLATE REVIEW THAN COURT PROCEEDINGS. PLEASE REVIEW THE ARBITRATION PROVISION AND THESE TERMS CAREFULLY.
Electronic Communications
When you use our Site, send us emails, or otherwise communicate with us electronically from a desktop, mobile device, or other electronic device, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically, including by email or through the Site, as applicable.
You may retain copies of these communications for your records. 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.
Accounts
n order to use certain features of the Site, including purchasing products or services (collectively, “Products”), you may be required to create an account with Nova Pet Supply (a “Nova Pet Supply Account”) and provide certain information as requested during registration.
You represent and warrant that: (a) all registration information you provide is truthful, accurate, and complete; (b) you will maintain and promptly update such information as necessary to keep it accurate and current; and (c) your use of the Site will comply with all applicable laws, regulations, and the terms of this Agreement.
You are responsible for maintaining the confidentiality and security of your Nova Pet Supply Account login credentials and for all activities that occur under your account, including purchases, use of the Site, and communications sent from your account.
You agree to notify Nova Pet Supply immediately if you become aware of or suspect any unauthorized use of your account, unauthorized access to your login credentials, or any other security breach. Upon receiving such notice, Nova Pet Supply may suspend, restrict, or otherwise secure your account as reasonably necessary to help prevent further unauthorized activity.
Permissible Uses of Site
Subject to the terms of this Agreement, Nova Pet Supply grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. This license does not include any right to resell or commercially exploit the Site, its features, its content, or any Products offered through the Site, except with the prior written consent of Nova Pet Supply.
Nova Pet Supply may suspend or terminate this license at any time if you violate this Agreement or otherwise misuse the Site.
The rights granted to you under this Agreement are subject to the following restrictions:
(a) You may not use the Site to place orders for resale or for other unauthorized commercial purposes;
(b) You may not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its content, or its Products without the prior written consent of Nova Pet Supply;
(c) You may not modify, create derivative works from, disassemble, reverse compile, reverse engineer, or otherwise attempt to derive the source code or underlying structure of any part of the Site, except to the extent such restriction is prohibited by applicable law;
(d) You may not access or use the Site for the purpose of developing, creating, or supporting a competing website, service, or business, or to copy, collect, download, scrape, or otherwise obtain Site content, product information, pricing, customer information, or account information for the benefit of another merchant or third party;
(e) Except as expressly permitted by this Agreement or applicable law, no part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, displayed, or distributed in any form or by any means without the prior written consent of Nova Pet Supply; and
(f) You may not frame, mirror, or use framing techniques to enclose any trademark, logo, product image, text, design element, or other proprietary content belonging to Nova Pet Supply without our prior written consent.
Nova Pet Supply reserves the right, at any time and in its sole discretion, to modify, suspend, restrict, or discontinue the Site or any portion of the Site, temporarily or permanently, with or without notice. To the fullest extent permitted by applicable law, Nova Pet Supply will not be liable to you or any third party for any modification, suspension, restriction, or discontinuation of the Site or any part of it.
