Updated: August 26, 2020
Please read these Terms and Conditions carefully before using the website Tailoredpet.com (“the Site”) operated by Tailored Pet Nutrition, Inc. (“Tailored Pet,” “the Company,” “us,” “we,” or “our”). “You” and “your” refers to all visitors, users, and others who access or use the Site or otherwise submit to these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, “Terms”). These Terms govern your purchases or other transactions on the Site. All Terms refer to an offer, acceptance, and consideration of payment for the products or services offered on the Site.
By visiting, browsing, shopping, or otherwise accessing any part of the Site, you accept and agree to be bound by the Terms. Do not continue to use the Site if you do not agree to all of the Terms. You must be 18 years of age or older to use the Site. By accessing or using the Site, you represent that you are at least 18 years of age or older. You must be 18 years of age or older to make a purchase on the Site. By attempting a purchase transaction on the Site, you represent that you are at least 18 years of age or older.
Any new features or tools that are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
You may provide content for the Company’s use, such as comments, reviews, photos, videos, data, or other content provided or associated with such content (collectively, “Your Content”). By providing Your Content to us, you are agreeing that you have read and fully understand these Terms, and particularly the User-Generated Content section, and will comply with them in their entirety.
You may provide Your Content to us through the Photo Share program, the review/comment function of the Site, or through any other process by which you provide Your Content to us. When you provide Your Content to us, you still own Your Content and you keep all of your intellectual property rights to Your Content. However, you grant the Company permission (i.e., a license) to use Your Content and any data provided or associated therewith, such as, your captions, your social media handle, your name, your image, your voice, your childrens’ names and images, your pet(s) name(s) and image(s), and other identifiable biographic material in conjunction with Your Content. You grant the Company the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display, and otherwise use Your Content, without further consent, review, or participation from you, in any medium, including but not limited to the Site, applications, e-mails, social media websites, and print. The use may include commercial and promotional usage, such as print catalogs, in-store displays, or internet advertisements.
You agree that you will only submit content that you either created yourself and to which you own the copyright, or that you have express permission from the copyright owner to give to us. If a third party or a third party’s property appear in a photo or other content, you represent that you have obtained express permission from the third party to share the content. You agree that Your Content does not infringe upon the copyrights, trademarks, rights of privacy or publicity, or other intellectual property, or other rights of any person or entity. You agree that you are releasing the Company from any liability for its use of Your Content as described. You agree to hold the Company harmless from any and all claims, causes of action, and/or liabilities, of any nature arising out of or relating to Your Content or Your Data, including but not limited to defamation, invasion of the rights of privacy or publicity, or violation of any moral or intellectual property rights. You agree that the Your Content does not include any inappropriate, abusive, offensive, or explicit content. The company reserves the right to alter, change, or modify Your Content, in its sole discretion. You represent that you are at least 18 years of age.
If the Company has expressed an interest in your photograph, image, drawing, or other content (collectively, “photo”), you may be asked to grant us permission to share or publish the photo. You provide this permission when you respond to our request to share the photo with the phrase “TPphotoshare,” upload the photo to the Site, or otherwise affirmatively grant permission to share the photo. These photos are considered Your Content as defined previously in the User-Generated Content section of these Terms and are subject to the permissions granted in the User-Generated Content section. By participating in the Photo Share program, you are agreeing that you have read and fully understand these Terms, and particularly the User-Generated Content section, and will comply with them in their entirety with respect to Your Content.
The Site has a page that requests user reviews. You may provide reviews including comments, suggestions, anecdotes, photos, videos, or other types of submissions. These submissions are considered Your Content as defined previously in the User-Generated Content section of these Terms and are subject to the permissions granted in the User-Generated Content section. By providing a review, you are agreeing that you have read and fully understand these Terms, and particularly the User-Generated Content section, and will comply with them in their entirety with respect to Your Content.
If you desire to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your financial data and delivery address.
The Company attempts to be as accurate as possible in descriptions of products and services on the website. However, the Company does not warrant that product descriptions and website content are accurate, free of errors, complete, or current. We reserve the right to correct any errors or omissions or to cancel any orders if any information on the webpage is inaccurate, in each case, without prior notice. If a product ordered from the Company is not described as shown on the Site, the product can be returned as described in our returns policy (refer to Refunds/Returns section below).
Free Offers and Flash Sales
From time to time, the Company may run a promotion which enables consumers to receive a free or deeply discounted bag of food associated with a specific coupon code or set timeline. Offer codes for free or deeply discounted product are valid on one (1) bag per household. Offer codes may not be combined, and customers are limited to the use of one (1) offer code per order. Only valid offer codes supplied or promoted by the Company will be honored at checkout. Codes supplied or promoted by third parties unauthorized by the Company (including unauthorized third-party websites) will not be considered valid. The Company is not responsible for lost, stolen or corrupted codes, or any unauthorized use of codes. Offer codes cannot be redeemed for cash or cash equivalents. Offer codes cannot be applied to previous purchases. The Company reserves the right to end the promotion at any time, or revise its terms. The Company also reserves the right to cancel any orders resulting from the fraudulent use of offer codes intended to circumvent the offer code’s requirements.
Orders and Subscription
You must have an Account to purchase any products or to make any orders with us. You must also enter valid financial card details at the time of purchase or have valid financial card details entered in your User Account at the time of purchase. When you sign up for an account and submit an order on the Site, you will have the option of choosing a one-time order or signing up for a subscription plan.
Pricing for both the one-time and subscription options will be displayed on the checkout page before you place your order. The total price paid by you is the price of that specific order, plus any applicable sales taxes. If you are signing up for a subscription plan, the price that we will charge you for your subscription will be the price posted on the Site on the date that you make that specific order. The Company reserves the right to change prices for subscriptions at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases.
You may pay for your order with any of the approved payment methods on the Site. Your first order will be processed immediately, and your selected payment method will be charged at the time the order is placed. Your subscription plan will then automatically create a new order based on the delivery plan you selected, until you either change or cancel that plan. You acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without further authorization from you until you cancel your subscription or change your payment method.
For subsequent subscription orders, you will receive a pre-shipment email notification 3-5 days prior to your scheduled ship date reminding you of your upcoming shipment, the time available for you to make changes to your order, and the scheduled ship date. You can edit or cancel your order up to 2 business days prior to your scheduled ship date. If you do not cancel within this timeframe, your order will be authorized, and a credit card authorization hold will be placed on the payment method associated with your subscription. You will be charged when your order is processed.
Your subscription will remain in effect until canceled. You may cancel at any time by updating your account on the Site or by contacting our customer care department (refer to Contact Us section below).
Once you become part of the Tailored Pet family, we believe you and your pup will be completely satisfied. However, if for any reason that isn’t the case, we would be happy to refund your order in accordance with our Return Policy. If you are not satisfied with any aspect of your order, please take the following steps:
- Please contact us by calling our customer care department (refer to Contact Us section below)
- In your communication, please provide details of the product you received and the reason for your dissatisfaction
- If you emailed us, one of our consumer care representatives may reach out to you directly to better understand the situation and provide a resolution to your issue
- If we require that you return the item to us, we will notify you and provide instructions for you to ship the item to us
- If a refund is provided, it may take up to several weeks for the credit to appear on your account due to credit card issuer processing times.
The Referral Program enables Referrers (as defined below) to refer eligible individuals to purchase products from the Company. These Referral Program Terms and Conditions govern your participation in the Referral Program. These Referral Program Terms and Conditions are in addition to any other agreements between you and the Company, including, without limitation, the Terms. These Referral Program Terms and Conditions apply to both Referrers and Referred Customers (as defined below).
The Company may modify its Referral Program at any time, in its sole discretion, and will post modified terms on the Site. By participating in the Referral Program after the modified terms are posted on the Site, you are indicating that you agree to be bound by the modified Referral Program Terms and Conditions. If you do not agree to be bound by those modified terms, please immediately cease participation in the Referral Program.
A “Referrer” is an existing customer of the Company that (a) has a valid customer account in good standing, (b) is a legal resident of the United States and at least eighteen (18) years of age, and (c) refers an invitation from the Company to participate in the Referral Program that contains a unique referral link. The Company will specify a Referral Reward (a reward provided to a Referrer after order completion under the Referral Program by their Referred Customer) and a Referred Reward (a reward provided to the Referred Customer with their order completion under the Referral Program), along with the manner in which the Referrer can distribute the Referral Reward.
A “Referred Customer” is defined as an individual who:
- Either clicks on a unique referral link, or uses a unique referral code, to place an order on the Site before an end date of the Referral Program, if applicable; AND
- Is a new (and not a returning or existing) customer of the Company, is a legal resident of the United States, and is at least eighteen (18) years of age. Any individual who has previously ordered a product with the Company cannot be a Referred Customer.
Each Referral Reward is specified in the unique referral link provided to the Referrer. To be eligible for the Referral Reward, a Referrer must refer at least one (1) new customer to the Site by distributing the unique referral link to the new customer. When that customer has used the unique referral link according to the Referral Program and becomes a Referred Customer, the applicable Referrer is eligible to receive the specified Referral Reward. There is no limit to the number of referrals a customer can make.
Each Referred Customer will also receive a Referred Reward, which will be specified in the invitation they receive from their Referrer. When the Referred Customer uses a unique referral link in the invitation to place an order on the Site, the Referred Customer’s specified Referred Reward will be applied to that purchase. An individual may only create one customer account on the Site and may receive only one Referred Reward.
Unless otherwise set forth in the received invitation, all Referral Rewards and Referred Rewards will not expire.
Referral Rewards and Referred Rewards are not transferable or redeemable for cash. The Company reserves the right to withhold, deduct, or revoke Referral Rewards and Referred Rewards in the event the Company determines or believes that the receipt of the rewards were in error, fraudulent, illegal, or in violation of these Referral Program Terms and Conditions.
Links To Other Web Sites
The Site may contain links to third-party web sites or services that are not owned or controlled by the Company. We do not have any control over, and we do not assume any responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
Any dispute relating to any activity on the Site shall be submitted to confidential arbitration in Pennsylvania, United States. If you have in some way threatened or violated the Company’s intellectual property rights, Tailored Pet may seek injunctive relief.
We may terminate or suspend access to the Site at any time without prior notice and for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive the termination.
All content on the Site, such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “IP”) is owned, controlled, or licensed by or to Tailored Pet. The design, structure, selection, coordination, expression, look and feel, and arrangement of the IP is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
No part of the Site or the IP may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution, or for any commercial enterprise, without ’the Company‘s express prior written consent.
TAILORED PET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANDISE INCLUDED ON THE SITE OR AS TO THE MERCHANDISE BEING SOLD TO YOU. TAILORED PET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THERE ARE NOT ANY WARRANTIES, EXPRESS OR IMPLIED, THAT EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF TAILORED PET OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF TAILORED PET TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You agree to defend, indemnify, and hold the Company, its directors, officers, employees, agents, affiliates, joint ventures, and third-party service providers harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to, or in connection with your use of the Site, your violation of the Terms, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
If you have any questions about these Terms and Conditions, please contact us by calling our customer care department at 1-833-824-5101 (1‑833‑TAIL-101), or by emailing us at firstname.lastname@example.org