Terms and Conditions

General Terms

Welcome to www.45Forty9pet.com. The www.45Forty9pet.com website (the “site”) is comprised of various web pages operated by 45Forty9. www.45Forty9pet.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “terms”). Your use of www.45Forty9pet.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. www.45Forty9pet.com is an E-Commerce site that provides pet care products and merchandise online.
Content presented on this site is exclusively for informational purposes only. Reviews and submissions provided on this site does not reflect our opinions or views and are that of the individual submitting the information.

Anything you submit on this site, including reviews, comments, testimonials, photographs, videos, ideas, tutorials, ideas, questions, comments, suggestions, known as submissions, will be non-confidential and non-proprietary, and we shall have all rights to use, copy, distribute, display, publish, sell, transmit, adapt, in any way we deem plausible. We shall have worldwide, irrevocable, royalty free and transferable right to all submissions made on the site, and is exclusive property not returned to you. You also grant us the right to use all information connected to and provided with the review, comment or any other content including the name used to provide said information to the site.

You permit and authorize that you own or otherwise control all rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, photographs, pictures, videos, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a fabricated email address, pretend to be someone else other than who you are or otherwise mislead us or third parties as to the origin of any submissions or content provided on the site or any media associated with the site. We may, but shall not be obligated to, remove, or edit any submissions (including comments or reviews) for any reason here, nonetheless.

Electronic Communications

Visiting www.45Forty9pet.com or sending emails to 45Forty9 constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that 45Forty9 provides to you electronically via email and on the site, satisfy any legal requirement that such communications be in writing.

Account Terms

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 45Forty9 is not responsible for third party access to your account that results from theft or misappropriation of your account. 45Forty9 and its associates reserve the right to refuse or cancel service, terminate accounts, or remove and edit content in our sole discretion.

Promotional Terms

Offer may only be applied to a single order. No processing fee, and void where prohibited. Purchases and activity on the 45Forty9 website are subject to the 45Forty9 site policies. Offer is not transferable or redeemable for cash and may not be re-posted to other websites without 45Forty9’s approval.

Warranty Disclaimer

45Forty9 does not warrant that the quality of any products, store services, information, or other material purchased or obtained by you will meet your expectations. While we aim to display as accurately as possible the colors and images of our products that appear on the site, we cannot guarantee that your computer monitor’s display of any color will be accurate. 45Forty9 reserves the right to correct or update any information, and to change or update product pricing or cancel orders if any information on the website or on any third-party website is inaccurate at any time without prior notice (including after you have submitted your order), but are not obligated to do so except as required by law. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of any product or website services.

You are solely responsible for determining if the products are suitable for use by your pet. The product information shown on the website is provided by the product manufacturers or suppliers and may be modified by the manufacturers from time to time. 45Forty9 does not represent or warrant that such information is accurate or complete, and we recommend that you do not rely solely on the information presented on our site.

Customer Obligations

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the 45Forty9 website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Right to Refuse, Limit

45Forty9 reserves the right to refuse service to any person and to limit the website services or any products based on geographical region or jurisdiction for any reason at any time. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Legal terms - INDEMNIFICATION

You agree to indemnify, defend and hold harmless 45Forty9, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 45Forty9 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 45Forty9 in asserting any available defenses.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these terms and conditions or any disputes arising as a result of these terms and conditions, whether directly or indirectly, including tort claims that are a result of these terms and conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these terms and conditions.

CLASS ACTION WAIVER

Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any punitive class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Furthermore, unless both you and 45Forty9 agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.