Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Fresh N Clean® Dog Shampoo, Laundry, Cologne Spray (“Company”).
Please read these Terms carefully before using any of the Services. By accessing or using the Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all provisions of these Terms, you may not access or use the Services.
Use of the Services
Eligibility: You must be at least 18 years old and able to form legally binding contracts to access or use the Services. If you are under 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to these Terms.
Registration: Certain features or services offered on or through the Services may require you to open an account (including setting up a username and password). You represent and warrant that all information provided when creating such an account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any registration information.
Fees: Fees may apply for certain Services. All applicable fees will be disclosed prior to completion of registration or transaction. Company reserves the right to change fees at any time.
Users, Password, and Security: If your account allows you to select a username, password, or security question/answer, you are fully responsible for maintaining the confidentiality and security of your login credentials. Do not share these details with any other person or permit any third party to access your account. You agree to take full responsibility for all activities that occur under your account. Notify Company immediately if you believe your account has been compromised.
Access: Company hereby grants you a limited, nonexclusive, nontransferable license to access and use the Services solely as permitted by these Terms. Company reserves the right to suspend or terminate your license to access or use the Services at any time and for any or no reason.
Acceptable Use
You agree not to misuse or abuse the Services or attempt to access any service or area of the Services that you are not authorized to access. Specific prohibited activities include:
- Illegal activity: Engaging in any illegal, fraudulent, or malicious activity in connection with the Services is strictly prohibited.
- Intellectual property infringement: Copying, distributing, displaying, performing, modifying, reposting, transmitting, reusing, selling, or exploiting any content or material displayed on the Services without permission of the content owner. This includes but is not limited to copyright, trademark, service mark, publicity, and privacy rights.
- Harm to others: Using the Services to harm, abuse, harass, stalk, threaten, defame, or otherwise infringe the legal rights of others in any way or manner is forbidden, as is advocating or encouraging any illegal activity.
- Bots and scraping: Using bots, spiders, crawlers, scraping, or other automated means to access, collect data from, or interfere with the proper working of the Services is prohibited.
- Hacking and security circumvention: Attempting to gain unauthorized access to the Services, accounts registered to others, or computer systems or networks connected to the Services is prohibited. This includes circumventing or manipulating any technological measure implemented by Company to restrict site access.
- Fraud and phishing: Impersonating any person or entity, falsely claiming an affiliation, or attempting to defraud others in any way is forbidden.
- Viruses and malicious code: Introducing viruses, malware, spyware, adware, worms, Trojan horses, or other harmful code into the Services.
- Overuse of bandwidth: Using the Services in any manner that adversely impacts server or network resources, including unauthorized automation tools (bots, scrapers, crawlers, etc.), denial of service attacks, or other abuse.
Company may block, restrict, disable, suspend, or terminate your access to all or part of the Services if we believe you may have engaged in any of the prohibited activities outlined above or for any other reason in Company’s sole discretion.
User Content
Certain features allow you to upload, submit, publish, display, or transmit text, images, audio, video, or other content to the Services (“User Content”).
License: By making any User Content available through the Services you hereby grant to Company an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, sublicenseable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content in any form, media, or technology.
Compliance with Law: You represent and warrant that any User Content complies with all applicable laws, rules, and regulations and does not violate any right of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.
No confidentiality: You acknowledge that by submitting User Content, no confidential, fiduciary, contractual, or other relationship is created by or implied by such submission; between you and Company other than pursuant to these Terms.
Removal: Company reserves the right in its sole discretion to remove, refuse, delete, or disable access to any User Content for any or no reason.
No endorsement: User Content reflects only the views of the original creator and does not necessarily represent or reflect Company’s views. Company does not endorse, support, sanction, encourage, verify, or agree with User Content unless expressly stated otherwise.
Proprietary Rights
Company intellectual property: The Services contain material that is owned or licensed by Company including, but not limited to, its design, layout, logos, images, graphics, text, scripts, software, products, services, and information (“Company IP”). Your use of the Services does not grant you any rights in or related to Company IP. Do not copy, distribute, edit, modify, reverse engineer, republish, post, transmit, reuse, repost, or use the Company IP without the Company’s express written permission. Requests for permission can be submitted to [email protected].
Feedback: Any unsolicited ideas, feedback, know-how, techniques, or concepts you submit to Company related to the Services (“Feedback”) is deemed non-confidential and Company may use, reproduce, distribute, publish, or otherwise disseminate such Feedback without compensation or attribution to you. You assign all intellectual property rights in Feedback to Company.
Trademarks: Fresh N Clean® Dog Shampoo, Laundry, Cologne Spray and associated logos are trademarks owned or licensed by the Company. Any other trademarks, trade names, logos, and designs published on the Services not owned by Company are the property of their respective owners.
Advertisements & Third Party Services
Third party content: The Services may integrate, display, or link to content, services, products, or resources provided by third parties (“Third Party Content”). This may include but is not limited to advertisements, invitations, promotions, software, applications, widgets, blogs, social networks, tools, information, or other materials.
No endorsement: Company does not endorse, verify, or vouch for any Third Party Content and makes no representations about Third Party Content, including regarding its legality, accuracy, quality, completeness, usefulness, timeliness, or ownership. Use or access Third Party Content at your own discretion and risk.
Advertisements: Company may run advertisements and promotions on the Services. Your correspondence through the Services with or participation in promotions of advertisers or third party sponsors are solely between you and the third party. All opinions, statements, or other information provided are those of the advertiser or sponsor and not of Company. Company is not responsible for the accuracy or reliability of any advertising claims or statements.
Disclaimer of Warranties
AS IS: YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
NO WARRANTIES: COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO LIABILITY: COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
Limitations on Liability
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES ARISING OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID COMPANY FOR THE SERVICES IN THE PRIOR SIX (6) MONTHS, OR $100, WHICHEVER IS GREATER.
NO INDIRECT DAMAGES: UNDER NO CIRCUMSTANCES IS COMPANY LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES.
LIMITATION PERIOD: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OTHERWISE SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
USE AT YOUR OWN RISK: YOUR ACCESS AND USE OF THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
EXCLUSIONS: SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS AND LIMITATIONS SUCH AS THOSE SET FORTH ABOVE. AS A RESULT, SOME OF THE DISCLAIMERS AND LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Company and its directors, officers, employees, agents, and affiliates from any damages, liabilities, claims, and expenses, including reasonable attorneys’ fees, arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any rights of any third party; or (iv) any negligent, willful, or intentionally wrongful conduct. Company reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with that defense. Your indemnity, defense, and hold harmless obligations survive any termination or expiration of these Terms.
Termination & Account Closure
Termination by Company: Company may suspend, restrict, or terminate your access to all or part the Services at any time for any or no reason with or without notice. Reasons may include but are not limited to violation of these Terms, extended periods of inactivity, legal compliance reasons, technical issues, or loss of rights to provide any Service. Company may also terminate your account or your access rights by blocking your username and password.
Termination by you: If allowed for a specific Service, you may stop using the Service at any time. Follow the instructions provided within the Service, or email [email protected] to close your account. Please be aware Company may retain and continue to use any data, materials, or content you have submitted.
Effect of termination: Upon termination, all licenses granted, all Services provided, and all agreements entered will immediately cease. Clauses intended to survive termination shall remain in full force and effect. Termination shall not limit any liability or remedies under these Terms.
General Provisions
Electronic communications: By using the Services, you agree to receive electronic communications from Company. These communications may involve sending emails to the email address you provided during registration, posting communications on the website, or other means including text message or other form of electronic messaging directed at the contact information you provide. You agree that all communications, agreements, and notices made or offered in connection with your use of the Services satisfy any legal requirements that such communications be in writing.
No agency relationship: No agency, partnership, joint venture, fiduciary, or employment relationship exists or is created between you and Company as a result of these Terms or your use of the Services.
Notice for California residents: Under California Civil Code Section 1789.3, users of the Services from California may be entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
No assignment: These Terms and any rights or licenses granted hereunder may not be transferred or assigned by you without prior written consent of Company. Company may freely assign these Terms without notice or restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Severability: If any provision of these Terms is found illegal or unenforceable that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.
Waiver: No failure or delay by Company in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. No waiver of any provision shall be effective unless made in writing and signed by Company. All waivers by Company shall be effective only for that instance and do not imply any future or continuing waiver.
Force majeure: Company is not liable for any failure or delay in performance of its obligations under these Terms arising from any event or circumstance beyond its reasonable control.
Applicable law: These Terms and your relationship with Company shall be governed by the laws of the State of California without regard to conflict of law provisions. You agree that any legal action or proceeding arising out of or related to the Services or these Terms must be brought exclusively in the state or federal courts located in Los Angeles County, California and you consent to personal jurisdiction and waive any objections to this venue.
Entire agreement: These Terms (together with any policies incorporated by reference) constitute the entire agreement between you and Company regarding the Services. The failure of Company to exercise any right under these Terms will not be deemed a waiver of Company’s right to enforce such right or any other provision of these Terms in the future.
Contact Us
If you have any questions about these Terms or the Services, please contact us at [email protected]
