Terms & Conditions

Terms & Conditions

Terms and Conditions

Everything in life has rules and a website is no different.  Many rules are common sense but some you may not have thought about before.

Here's the basics:

Play by the Rules - by using the site you automatically agree to play by the rules and not having read them all is not an excuse

Be a Responsible Pet Parent - your pet's safety is your responsibility and we're not liable for any adverse conditions/reactions from use of the products sold on this site.

Use at your own risk - we're not perfect and things go wrong that are out of our control

Look but don't touch - We worked very hard to put this website together and like any creative work it's protected by copyright law.  Please don't steal any of our content.

No shirt, no shoes, no service - we reserve the right to refuse service to anyone for any reason

Paper or plastic - we only take credit cards for payment

Click Here - click at your own risk

PG13 - please no children without parental supervision

Your mess you clean it up - if you get into trouble don't blame it on us

Play nice with others - please don't post any comments or pictures that will hurt someone else

Subject to change - we can change these rules or any part of the website at any time including discontinuing it

The above are just for fun and in no way limit or modify the full terms and conditions below.  Please read the full Terms below.

 

GENERAL

The Pawmazing website (the "Site") which is comprised of various web pages, including pawmazingpets.com, pawmazinggifts.com, pawmazing.pets, and any others used in connection with the Pawmazing retail brand, containing text, graphics, links and other digital materials is owned and operated by Pawmazing, Inc., a Maine corporation, which conducts business under various DBA's including "Pawmazing," "Pawmazing Pets," “Pawmazing Gifts” and others which may be added at any time.   Reference to "Pawmazing" means Pamazing, Inc., its subsidiaries, divisions, and related DBA's.  Throughout these Terms and Conditions ("Terms") and throughout all other portions of the Site, the terms “we”, “us” and “our” refer to Pawmazing. We offers this website, including all information, tools and services available from this site to you, the user.  These Terms apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/ or contributors of content.  These Terms will supersede any terms and/or conditions you include with any purchase order or other order related communication, regardless of whether Pawmazing signs them or not.

The site is offered to you conditioned on your acceptance of these Terms and Conditions, in addition to other Policies and conditions referenced herein and/or available by hyperlink, (the "Terms"). Your use of the site constitutes your agreement to all such Terms.  Please read these terms carefully and if you don't agree to them please do not use this site.  If you have questions regarding these terms you may contact us at xxx@pawmazingpets.com

Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms and Conditions at any time on this page.  Pawmazing reserves the right to make changes to this Site and its Policies and Terms at any time. Each time you use this Site, you should visit and review the then current Policies and Terms that apply to your transactions and use of this Site.  You can review the most current version of the Terms and Conditions at any time on this page.   Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to be bound by the then current Policies and Terms, your sole remedy is not to use this Site.

By using this site you agree that Pawmazing may deliver notice to you by means of email, a general notice on the site or by other reliable method to you using the contact information you have provided to us and that this communication shall satisfy any legal requirement that such communication be in writing.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.


DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

This site is provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied.  You expressly agree that your use of, or inability to use,  this site is at your own risk.  To the fullest extent permissible pursuant to applicable law, Pawmazing disclaims all warranties or conditions of any kind, express or implied, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Pawmazing and its officers, directors, employees or its third-party agents, contractors, distributors, merchants or sponsors (collectively "third-parties") do not represent or warrant that the functions contained in the site, its servers, or email sent from or by Pawmazing will be uninterrupted, error-free, timely or secure, that the defects will be corrected, or that they are free of viruses or other harmful components.

Neither Pawmazing nor its third-parties make any warranties or representations regarding the use of materials or content in this site in terms of their correctness, accuracy, adequacy, integrity, completeness, usefulness, timeliness, or reliability of the products or services offered for sale on this site.

You agree that from time to time Pawmazing may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

No oral or written information or advice given by Pawmazing or its third-parties shall create a warranty, except where the exclusion or limitation of certain warranties is prohibited by law.

In no case will Pawmazing  or its third-parties be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, arising from the use of, or inability to use the site, including your reliance on any information obtained from this site or for any claim related in any way to your use of any products or services procured using this site.

By your use of this site, you acknowledge that the above will apply to all content, merchandise and services available through this site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law.  Some states or jurisdictions do not allow the exclusion or the limitation of liability for incidental or consequential damages, so the foregoing limitations may not apply.  In such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.


COPYRIGHTS

All content included on this site, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pawmazing or its content suppliers and protected by United States and other copyright laws. You are hereby granted permission to download and/or print material from the Site for your own personal use in placing an order or purchasing products from the Site.  While we encourage the use of social media, we do not expressly grant the right to use copyrighted material from the Site and your doing so is your responsibility to ensure that these acts fall under the Fair Use rules of copyright law.  Copyright law is complicated and you are strongly urged to consult an expert before sharing materials from the Site as any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.


TRADEMARKS

All trademarks, service marks and trade names used in the Site are trademarks or registered trademarks of Pawmazing, Inc, including but not limited to, "Pawmazing," "Pawmazing Pets," "Pawmazing Gifts," "Show your Pawsonality," "Gifts for Pets and their People," the mosaic paw print, whether in color or outline versions, and the image and name of Mr. Mutt, whether full or partial body.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

A signed statement stating that you are the copyright owner or a person authorized to act on behalf of the owner of the copyright interest.  This statement may be physical or electronic.

The statement must include:

- information identifying your copyrighted work.  This could include a link to your website or other location where the work is being displayed lawfully or a copy of the copyright protected work.

- information to identify where the infringing content is being made available without your permission. One way you may do this by providing the web address indicating where the infringing material is displayed

- your contact information.  The more ways to contact you the better so consider including a phone number or email address.

- a statement  that confirms you have a good faith belief that use of the material in the manner described in the letter is not authorized by the copyright owner, or its licensing representatives.

- a statement that the information in the notification is accurate, and that under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send all copyright infringement notices to:

Dolly Farmer
dolly@pawmazingpets.com
74 Thorne Rd
Sullivan, ME  04664
303-457-9751

 

ORDERS - ACCEPTANCE AND PROCESSING

All descriptions of products, product pricing and quantities available are subject to change at anytime without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The receipt of an electronic or other form of order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.  We currently do not accept international orders or ship outside the 48 contiguous states.

Pawmazing reserves the right at any time after receipt of your order to accept or decline your order or to supply less than the quantity ordered, for any reason.   We reserve the right, but are not obligated to, limit the sales of our products or services to any person, geographic region or jurisdiction. We may limit or cancel quantities purchased per person, per household, or per order.   Prices and availability of products and services are subject to change without notice.  

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  Errors will be corrected where discovered and Pawmazing reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed.  We may exercise these rights on a case-by-case basis.

In the event we make a change to your order, we will attempt to notify you by the email or via other contact information provided with your order or in your account.

We maintain a "live" inventory and make every effort to communicate on the site which products are in stock, out of stock or special order, but errors do happen.  For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping or special order will be shipped as they become available and/or shipped directly from the manufacturer/supplier, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.  We will keep you informed of product shipments and of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your non-custom order at any time prior to shipping.


PAYING FOR YOUR ORDER

We accept Visa®, MasterCard®, American Express® and Discover® Card, and debit cards with a MasterCard® or Visa® logo.  There is no surcharge for using your credit card to make purchases.  Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card company has on file for you).  Incorrect information will cause a delay in processing your order.  Generally, credit/debit cards are charged by Pawmazing at the time your order ships.  Please note all credit card charges will appear as x????????x on your credit card statements.

We do Not currently accept checks, cashiers checks, money orders or travelers checks.


SHIPPING

We generally ship in stock items within 1-2 business days (Mon-Fri) of receiving your order.  We ship in stock items via USPS and UPS depending on the weight of the shipment and speed of delivery requested.  We currently do Not ship outside of the US.  See our Shipping policy Here for cost details.  Please see the product description for shipping times and methods for out of stock and custom items which may ship directly from the manufacturer/supplier.  We cannot guarantee shipping time or when an order will arrive.   We encourage you to leave ample time for shipping and delivery, especially during holidays.

Once your order has been submitted, please contact us immediately if your shipping information changes or has been submitted to us incorrectly.  Once an item has shipped we may be able to notify the carrier, however an additional cost will be applied, as the shipping carrier charges a fee for in route changes.

Items damaged or lost in shipping are the responsibility of the carrier.  Please use the tracking information we provide to you to contact them directly.


TAXES

Orders shipped to addresses within Maine will have state sales taxes charged and collected based on the shipping address.  As sales tax laws change frequently, especially related to online sales, we may at any time begin collecting taxes for additional jurisdictions as required by law.  Purchases from Pawmazing are Not exempt and it is your responsibility to pay any sales or use taxes and file any returns required by state, county or local authorities.


PROMOTIONS AND COUPONS

We will offer sales, discounts, specials and coupons from time to time on the Site.  All promotions are subject to these Terms and the specific terms of the offer.  Pawmazing reserves the right to restrict any and all offers to specific products, groups of customers, time periods, or other limitations.  We reserve the right to exclude certain products, based on vendor or weight or other qualities, certain shipping destinations or other exclusions as we deem necessary or appropriate.

Promotions are only valid during the stated promotional period and we reserve the right to modify or cancel any promotion at any time.

If a promotion has a minimum purchase requirement, shipping/handling and taxes do not apply toward that minimum.  Some minimum purchase requirements may not include special order items or have other restrictions.

If you return an item or items that were subject to Any promotion or discount, your refund will be based on the difference between what you would have been charged for your remaining order and what you paid for the original order.  If a promotion or discount no longer applies it will be removed in calculating your refund.

If you violate any of the Terms of the Site no promotions or discounts will apply.  All promotions are void where prohibited.

If a promotion includes a Coupon or Coupon Code it must be entered during checkout to redeem the offer.  We are not responsible for lost or unused coupons.  Coupons are not transferrable and may not be sold, redeemed for cash, credit or refund.

You may use only 1 coupon per transaction.  A coupon may be used only once, unless otherwise specified.  A coupon applies only to items shipped to the same address.


CANCELLATION/REFUND POLICY

All sales made through this Site are subject to Pawmazing's Return Policy.  Please review our full online return policy Here…


INACCURACIES AND OPINIONS

Electronically reproducing color on the Internet is imprecise due to contrast and color ratios settings, resolution, brightness settings, calibrations, color printing settings, lighting sources, graphics hardware and software.  Due to the relative inconsistencies of various displays, the colors you see on your screen may not be a totally accurate reproduction of the actual product.  Pawmazing strives to make our colors as accurate as possible, but screen images are intended as a guide only and should not be regarded as absolutely correct.

We do our best to provide complete and accurate information, including product descriptions, articles, blogs and other materials, on our site.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.   Any information offered through this Site is not intended to diagnose, treat, or cure your pet, and is not a substitute for veterinary care provided by a licensed veterinarian.  For any medical or health related advice concerning the care and treatment of your pet, contact your regular veterinarian or local animal hospital.

You acknowledge that information contained in the Site includes statements that are the opinions of Pawmazing, its suppliers, customers and other third-parties.  The “Toy Pawformance Rating System” is a ranking based on available information but is only an opinion and your results may differ.  Comments and reviews are the opinions of the individuals who submitted the comments.

Any reliance on the material on this site is at your own risk.  Please understand our intent is to be accurate and helpful and not to misinform or mislead our customers.  However, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.  Please see our full return policy for questions related to your purchase.


ACCOUNTS AND PRIVACY

This site is intended only for persons at least 13 years of age.  Persons under 18 years of age may only use this site with the permission of a parent or guardian (at least 18 years of age).  Pawmazing does not knowingly collect personal information from persons under the age of 13 however Pawmazing can not prohibit nor prevent minors from visiting the Site and must rely on parents and guardians to decide which materials are appropriate for children under 13.

You agree to provide complete and accurate purchase and contact information, and to update that information timely, so that we can complete your transactions and contact you regarding such transactions as necessary to complete such transactions.  Your use of the site, the creation of your account, and the confidentiality of your account access information (login and password), including access to your computer, is your responsibility.  You acknowledge that Pawmazing is not responsible for any third-party access to, or use of, your account. You may not assign, transfer or share your account with persons outside of your immediate household and are responsible for all activity for such persons.

Your use of the site and the submission of personal information is governed by our Privacy Policy.  Please review our Privacy Policy Here which governs the site and informs users of our data collection and sharing practices.


3RD PARTY LINKS

This site may contain materials from third-parties and links may direct you to third-party sites ("Linked Sites").  These linked sites are provided for your convenience and therefore you access them at your own risk.  The inclusion of any link does not imply endorsement by Pawmazing of any site or site owner.  However, even if the third-party is associated with Pawmazing , Linked Sites are not under the control of Pawmazing and have separate terms, conditions, policies and practices.  While we do our best to review all content included on this site and attempt to link only to reputable sites, we can not and are not responsible for examining or evaluating the content or accuracy of all such information and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any harm or damages related to the purchase or use of goods, services, content or other materials, of third-parties.

Nonetheless, Pawmazing seeks to provide a safe, reliable and valuable user experience and therefore specifically requests polite and non-defamatory input and feedback on both our site and any Linked Sites, including information on the accuracy of content, the policies and practices of third-party sites, and significant changes to third-party sites (such as business closures leading to broken links).  Complaints, claims, concerns, or questions regarding third-party products still need to be directed to the third-party.


INDEMNIFICATION

You agree to indemnify and hold harmless Pawmazing, its owners, officers, directors, agents, employees, contractors, affiliates, licensors, service providers, subcontractors, suppliers, and Third Parties from and against any losses, costs, liabilities, expenses, damages, claims or demands, including reasonable attorney's fees, made by any third party due to or arising out of your use of or inability to use the Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site, any activity related to your account, 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 including any negligent or wrongful conduct by you or any other person accessing the Site using your internet account.  Pawmazing 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 Pawmazing in asserting any available defenses.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity.  We take copyright law seriously and respond expeditiously to notices of claimed copyright infringement.  We will investigate and remove is appropriate, any submitted material that we determine has even a remote chance of infringing on copyrighted material.  We will notify the submitter of the removal of their submission is possible and will terminate or block users or account holders who are repeat offenders.

If, with or without our request, you send submissions, including but not limited to, comments, suggestions, ideas, pictures, graphics, or other materials, whether online, by email, by text, by postal mail, or otherwise (collectively "Submissions"), you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to, at any time, without restriction, to modify, adapt, reproduce, publish, distribute, translate, display and otherwise use in any medium such submissions that you forward to us. Such submissions may be used by Pawmazing in social media without notice to the submitter.  You also grant Pawmazing the right to use your name, whether actual or "screen name" in connection with any use of any submission.  We are and shall be under no obligation to maintain any Submission in confidence, to pay compensation for or to respond in any way to any Submissions.

Pawmazing has no obligation (other than for copyright infringement), but reserves the right to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, fraudulent, deceptive, misleading or otherwise objectionable or violates any party’s copyright, trademark or other intellectual property right or these Terms.  We do not and can not review all communications and materials posted to or created by users accessing the Site, and are not in any manner responsible for the content of these communications or materials.  You acknowledge that by providing users with the ability to post and view user-generated content on the site, Pawmazing is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related or third-party website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


PROHIBITED USES

You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:

  • for any unlawful purpose or to solicit others to perform or participate in any unlawful acts
  • to violate any international, federal, state or municipal regulations, rules, laws, or ordinances
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate in any manner
  • for any obscene or immoral purpose, including but not limited to, the use of obscene or abusive language
  • to submit false or misleading information, including but not limited to, the impersonation of others
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, any related or unrelated website, or the Internet
  • to collect or track the personal information of others
  • to spam, phish, or any other fraudulent practice done with the intention of harming others or causing general mayhem
  • to interfere with or circumvent the security features of this Site, any related or unrelated website, or the Internet.

We reserve the right to terminate your use of the Service or any related website, without notice, for violating any of the Terms, including but not limited to, prohibited uses.


SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.  Such determination shall not affect the validity and enforceability of any other remaining provisions.


OUR RIGHTS

We reserve the right to refuse service to anyone for any reason at any time.

We may monitor areas of the Site by electronic or other means.

We may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or governmental request or to protect our rights or property or the rights of users, vendors, merchants or other third-parties.

Certain services made available on the Site are delivered by third party sites and organizations. We may disclose your content to any third party with whom Pawmazing has a contractual relationship to provide the requested product, service or functionality.  Please see our complete privacy policy for more information.


JURISDICTION

This site is operated by Pawmazing, Inc whose corporate office is located in Hancock County, Maine, USA.  By using this site you agree that any dispute will be governed by the laws of the State of Maine and that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pawmazing products) shall be in the state or federal courts located in Maine.

Pawmazing's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any of these terms and conditions. Pawmazing may assign its rights and duties under this Agreement to any party at any time without notice to you.


ENTIRE AGREEMENT

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and Pawmazing and govern your use of the Site, superseding any prior or contemporaneous agreements, communications or proposals, whether oral, written or electronic, between you and us, including, but not limited to, any prior versions of the Terms.  Pawmazing's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement in no way restricts Pawmazing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.


TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.  Pawmazing reserves the right, in its sole discretion, may terminate your retail account, membership registration, or other uses of this Site and the related services or any portion thereof at any time, without notice.  You are personally liable for any orders that you place or charges that you incur prior to your termination.

These Terms, or any part of them, may be terminated by Pawmazing for any reason, at any time, without notice. The rights, obligations and liabilities of the parties, including but not limited to, our proprietary rights, the provisions relating to Copyrights & Trademarks, Disclaimer of Warranties & Limitation of Liability, and Indemnification, incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Pawmazing reserves the right to change, suspend, or discontinue any or all aspects of this Site at any time, without prior notice.  We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site.

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