Terms and Conditions

Introduction: PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS (AND ANY TERMS INCORPORATED BY REFERENCE). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE OUR WEBSITES.

These Terms of Use (“terms”) explain the conditions under which NPM Franchising, LLC, d.b.a. “EarthWise Pet” and “Nature’s Pet” (“we/us”) provides use of our websites, www.EarthWisePetFranchise.com, www.EarthWisePet.com, www.NaturesPetMarket.com, and the information, products and services available through our websites. We will use our best commercial efforts to comply with these Terms of Use.

Access to Our Websites: Subject to these terms, we grant you a limited license to access and make personal use of our websites. This license is revocable at any time. You must not download or modify our websites, or any portion of it, except with our prior written consent. Any unauthorized use is prohibited and may also violate applicable laws including, without limitation, copyright and trademark laws.

Right to Change or Discontinue: We reserve the right at any time to change these terms or to modify or discontinue our websites at any time without advance notice. If the changes are not acceptable to you, your only remedy is to stop using our websites. By continuing to use our websites, you agree to be bound by the revised terms. You should review these terms before you use our websites so that you understand the applicable terms and conditions.

Products and Specifications: Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our websites at a particular time does not imply or warrant that these products or services will be available at any time.

Shipping Limitations: When an order is placed, it will be shipped to an address designated by the purchaser as long as your shipping address complies with the shipping restrictions contained on our websites. Risk of loss and title for items purchased from our websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Eligibility for Use of Website: By registering an account on our website(s), you represent and agree that you are legally able to enter into binding contracts.

Your Account: In order to access certain features of our website(s) you must create an account with us. You may register only one user account. When you create an account, you agree to provide accurate, current and complete information as may be prompted by any registration forms on our website and to maintain and promptly update the registration information to keep it current and complete. During the registration process, you may be asked to choose a username. We reserve the right to refuse a username for any reason including if we believe it is offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account and computer, and you agree to accept responsibility for all activities and unauthorized access that occur under your account or password. We reserve the right to cancel an account, refuse registration, refuse service, terminate accounts, cancel orders or disqualify you for any reason (or for no reason) in our sole discretion. When you register an account with us, you consent to receive communications from us electronically. Please review our separate Privacy Policy found on our websites for more information about use and protection of your personal information and your Opt-Out option for marketing-related communications.

User Content Rules and Policies: Our websites may include interactive areas in which you or other users create, post or store reviews, comments, messages, photos, information, text, videos or other content or materials (“User Content”). You are solely responsible for your use of the interactive areas and use them at your own risk. You agree not to post, transmit, store or otherwise publish through our websites any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any User Content.
• Unsolicited promotions, political campaigning, advertising or solicitations.
• Viruses, corrupted data or other harmful, disruptive or destructive files.
• User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying our websites or that may expose us, our suppliers or users to any harm or liability of any type.
• If you do post User Content, then you represent and warrant that you have the lawful right to distribute and reproduce the User Content, and unless we indicate otherwise, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content throughout the world in any media. You grant to us and our sublicensees the right to use the name that you submit in connection with the content, if we or they choose. You represent and warrant that (a) you own and control or otherwise have all necessary rights to post the User Content and grant the rights granted in herein; (b) that the content is accurate and not misleading; (c) that you will not violate these terms in respect to your use and posting of the User Content and that any User Content you post will not violate any rights or cause injury to any person or entity; and (d) that you will indemnify us for all claims resulting from User Content you post.
• We do not endorse any User Content or any opinion, recommendation or advice expressed in any User Content. We expressly disclaim any and all liability for any User Content posted by you or any third party. In addition, we are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of interactive areas is at your own risk.
• We have no obligation to screen, edit or monitor any of the User Content, but we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on our websites at any time and for any reason without notice. Any use of the interactive areas or other portions of our websites in violation of these terms may result in, among other things, termination or suspension of your rights to use our websites. Enforcement of the User Content rules and policies set forth in these terms is solely at our discretion, and failure to enforce the rules in some instances does not constitute a waiver of our right to enforce the rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our websites will not contain any content that is prohibited by the rules.
• WE ARE NOT RESPONSIBLE FOR INACCURACIES, ERRORS OR OMISSIONS RELATING TO PRICING, DESCRIPTIONS, TEXT OR PHOTOGRAPHY.
• WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY SUPPLIER THAT ADVERTISES ON OUR SITE OR FOR ANY RESULTING PERSONAL INJURIES, PROPERTY DAMAGE, DEATH OR OTHER DAMAGES OR EXPENSES.
• WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF OUR WEBSITES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.