Terms and Conditions
Welcome to CarpetScratchStopper.com (the “Site”) by KittySmart® LLC.
KittySmart LLC provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy, other terms and conditions and policies which you may find throughout our Site, all of which are all deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without any limitations whatsoever, to be bound by these Terms and Conditions.
1. Privacy
Please review our Privacy Policy so that you may understand our privacy practices.
2. Products and Services for Personal Use
The products available on the Site are for personal use only and are not for resale. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be provided to you for any reason, such as where that we believe, in our sole discretion, the order may result in the violation of our Terms and Conditions.
3. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling and returns), click here.
4. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
5. Content Use Limitations
By accessing this website you agree that you shall not: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; or (h) modify, add to, or in any way change or remove any and/or all proprietary notices on the Site or affixed to or contained in the Site. You agree that you shall make no unauthorized use of the Site or any and/or all of our Content or make any revisions or amendments to the Site. KittySmart LLC hereby reserves all of its rights and remedies against you in relation thereto.
6. Your Account
You may choose to create an account at our Site if you are over sixteen (16) years of age. Do not register if you are not over sixteen (16) years of age. If you are over sixteen (16) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in the best interest of KittySmart LLC to do so.
7. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
8. Copyrights and Trademarks
All proprietary materials on this site, including but not limited to, images, illustrations, audio, and other materials, are protected by copyrights which are owned, licensed, or otherwise used with permission by KittySmart LLC. Any use of these materials whether modified or not, which is not authorized in writing or licensed in writing by KittySmart LLC may constitute an infringement of our copyrights, trademarks, and other proprietary rights, and is prohibited. Use of this materials on any other website
or other networked computer environment is prohibited. We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright and/or trademark infringement, please click here to notify us.
9. Representations and Warranties; Limitation of Liability
The site is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
10. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
11. Consent to Receive Notices Electronically by Posting on the Site and Via Email You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Promotions
Special promotions may be offered on the Site at certain non-specified times. KittySmart LLC reserves the right, at its sole discretion and without notice, to change, modify or suspend such promotions.
13. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between you and KittySmart LLC concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
14. Changes and Discontinuation of Products
KittySmart LLC reserves the right to change product designs, materials, and product pricing, and may add or discontinue product(s) at any time without notice.
15. Disclaimer
The Carpet Scratch Stopper® by KittySmart LLC is designed to fit inside doorways of most standard interior 28”, 30”, 32” and 34” doors in the United States. However, The Carpet Scratch Stopper may not fit every door, depending on individual factors such as baseboards, etc. that may be present. It is the customer’s responsibility to select the appropriate Carpet Scratch Stopper size(s) when placing an order. The Carpet Scratch Stopper requires a minimum clearance of 0.0787” (2 millimeters) between the carpet and the door to allow the door to be opened and closed while the device is in use.
16. Return Policy
Your total satisfaction is our goal at KittySmart LLC. In the event that you are not satisfied with your Carpet Scratch Stopper purchase for any reason, you may return it to us within 30 days of purchase date for a full refund (less shipping and handling). Please return in the original shipping carton to our product return address specified on your shipping invoice.
17. Warranty
Your Carpet Scratch Stopper purchase is backed by our 5-year defect warranty (from date of original product purchase). The warranty coverage is applicable to the product’s intended use only.
18. Changes to Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and KittySmart LLC.
19. Products sold for retail use only
Products sold on this website are for retail customer use only and are not intended for resale.
