Last updated: July 31, 2021
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND KOTAPETS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND KOTAPETS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
When you use our Site, or send e-mails, text messages, use video calling and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can 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. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
In order to use certain features of the Site and make purchases on the Site, you must register for an account with Kotapets ("Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that:
- (a) all required registration information you submit is truthful and accurate;
- (b) you will maintain the accuracy of such information and update it as necessary; and
- (c) your use of the Site does not violate any applicable law or regulation or these Terms.
You are responsible for maintaining the confidentiality of your Account login information. You are fully responsible for all activities that are associated with your Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Kotapets of any unauthorized use or suspected unauthorized use of your Account or any other actual or potential breach of security.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. Kotapets reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and Kotapets reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Kotapets reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Kotapets’s sole discretion.
Risk of Loss and Shipping and Delivery
All items purchased from Kotapets are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier.
Kotapets attempts to be as accurate as possible. However, Kotapets does not warrant that Product descriptions, depictions, colors, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a Product offered by Kotapets is not as described, your sole remedy is to return the Product. Call us at 1-888-4SMOOCH or send an email to email@example.com for return information.
From time-to-time, we may provide additional value to customers by advertising a discount off a "List” price or "Was” price shown with a strikethrough. For example:
List: $13.99, Price $12.99
Was: $14.10, Price: $12.99
- "List” price means the suggested retail price of a Product as provided by a manufacturer, supplier or other retailers. It is not necessarily an actual price that was or is available elsewhere, either in the market generally or on the Site.
- "Was” price is determined using recent price history of the Product on the Site. In particular, we calculate the “Was” price based on pricing available for the Product on the Site during at least 30 of the 90 days before we advertise a “Was” price.
Kotapets cannot confirm the price of an item until you submit an order. Despite our diligent efforts, it is possible that Products in our catalog may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all shipping and handling charges and applicable taxes. Kotapets will collect and remit sales tax as required by law.
Kotapets eGift Cards
By purchasing a Kotapets eGift Card, you agree to our Gift Card Terms and Conditions. eGift Cards are emailed to recipients within one hour after you place your order. There’s no expiration date or hidden fees on eGift Cards. You can redeem one Kotapets eGift Card per order. eGift Cards are not returnable, refundable or redeemable for cash except as required by law. eGift Cards cannot be purchased with coupons, promotional offers or other Kotapets eGift Cards. Use eGift Cards to shop on the Site. Sold and delivered by Kotapets, LLC.
Permissible Uses of the Site
The rights granted to you are subject to the following restrictions:
- (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its Products or its content without the express written consent of Kotapets;
- (b) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party;
- (c) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Kotapets’s express written consent;
- (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another third party;
- (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Kotapets’s express written consent; and,
- (f) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site.
Kotapets reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Kotapets will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
Intellectual Property Rights
The Site contains valuable trademarks and service marks owned, controlled or used by or licensed to Kotapets, including but not limited to, Kotapets, the Kotapets design logo, and certain brands including _________________________________________________________ (collectively, the "Marks"). Any use of the Marks without the prior written permission of Kotapets is strictly prohibited. The arrangement and layout of the Site including but not limited to, the Marks, images, text, graphics, buttons, screenshots, and other content or material are the sole and exclusive property of Kotapets.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
Kotapets uses a network of independent product and content suppliers, distributors, and other third parties to supply some of the Products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these Products, and other such third parties, that are not owned by us but that appear on the Site are the property of their respective owners.
Kotapets and its independent contractors offer information, articles and advice to pet parents through this Site for educational purposes only.
"User Content" of the Site’s user means any and all information and content, including photographs, that such user submits to Kotapets by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), uses with the Site (e.g., a user profile, product review, question & answer), or when you otherwise interact with Kotapets (e.g., when you call customer service, send us emails). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that
- (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and
- (b) your User Content does not violate the Acceptable Use policy in these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Kotapets. Because you alone are responsible for your User Content (and not Kotapets), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use policy. Kotapets is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Kotapets may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to Kotapets an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Kotapets social media platforms or marketing or promotional initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Kotapets will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
Acceptable Use Policy
In connection with your use of the Site and interactions with Kotapets and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content
- (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right;
- (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or
- (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site to:
- (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;
- (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means;
- (f) harass or interfere with another user's use and enjoyment of the Site;
- (g) purchase Products for resale.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of Kotapets and Kotapets is not responsible for any Third Party Sites. Kotapets provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
Disclaimer of Warranties
Kotapets intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER KOTAPETS NOR ITS THIRD PARTY SERVICE PROVIDERS, CONTRACTORS, PARTNERS, SUPPLIERS OR AFFILIATES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, Kotapets EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT SHALL KOTAPETS, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, OR ANY INDEPENDENT CONTRACTORS (“KOTAPETS GROUP”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH KOTAPETS GROUP, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH KOTAPETS GROUP, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF
- (A) FIFTY US DOLLARS ($50) OR
- (B) AMOUNTS YOU'VE PAID KOTAPETS IN THE PRIOR 12 MONTHS.
WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold Kotapets Group harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of
- (a) your use of the Site or Products,
- (b) your User Content,
- (c) your violation of these Terms, or
- (d) your interaction with such independent contractors or reliance on any advice provided by them.
Kotapets Group reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Kotapets. Kotapets will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Dispute Resolution and Agreement to Individual Arbitration
EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND KOTAPETS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Kotapets Group will provide such notice by e-mail to your e-mail address on file with Kotapets Group and you must provide such notice by e-mail to ______________________. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This provision is a precondition to any arbitration demand.
KOTAPETS GROUP AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY. NEITHER KOTAPETS NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these Terms to the contrary, we agree that if Kotapets Group makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to Kotapets Group. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Linn County, Iowa to resolve such claims.
Term and Termination
- (a) suspend your rights to use the Site (as well as your Kotapets Account) or
- (b) terminate the Terms, at any time for any reason at our sole discretion, including for any use of the Site in violation of the Terms or if we believe you are younger than 18.
Upon termination of these Terms, your Kotapets Account and right to access and use the Site will terminate immediately. You understand that any termination of your Kotapets Account may involve deletion of any User Content you may have posted. Kotapets will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Kotapets Account or deletion of your User Content.
Respect for Copyright Law—Digital Millennium Copyright Act (“DMCA”)
Kotapets respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Kotapets's Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on Site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. Â§ 512(c)) must be provided to our designated Copyright Agent:
- 1. your physical or electronic signature;
- 2. identification of the copyrighted work(s) that you claim to have been infringed;
- 3. identification of the material on our services that you claim is infringing and that you request us to remove;
- 4. sufficient information to permit us to locate such material;
- 5. your address, telephone number, and e-mail address;
- 6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- 7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. Â§ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to Kotapets's Copyright Agent by mail or email as set forth below:
Kotapets Copyright Agent
Attn: Legal 320 49th Avenue Drive SW Cedar Rapids, IA 52404
For questions or concerns about these Terms, including your legal relationship with Kotapets, please contact us at:
Kotapets Legal 320 49th Avenue Drive SW Cedar Rapids, IA 52404