Terms & Conditions
Purebred Kitties Terms of Use
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General Information
- These Purebred Kitties Terms of Use (the “Terms”) is a legally binding agreement between an individual user or a business entity (“you” and “your”) accessing the website https://purebredkitties.com (the “Website”) and/or purchasing kittens through the Website (the “Kittens”). If you do not agree with one or more provisions of these Terms, you are not allowed to use the Website and/or purchase the Kittens through the Website.
- The Website is owned and operated by Purebred LLC having a registered address at 501 Silverside Road, Suite 87, Wilmington, DE19809, USA, and the business registration number 20207044641(“we”, “us”, or “our”).
- Acceptance of the Terms. Your use of this Website and information distributed in conjunction with this Website is offered to you on your acceptance of these Terms and other notices posted on this Website. Your use of this Website or of any content presented in any and all areas of the Website indicates your acknowledgment and agreement to these Terms and other notices posted on this Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use the Website and/or purchase the Kittens.
- License to use the Website. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use the Website pursuant to these Terms. You are not allowed to use the Website in countries where it may be restricted or prohibited by local legislation.
- The Website is not marketed and should not be used by persons under the age of 18. We do not sell the Kittens to persons under the age of 18. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
- All information provided on the Website is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor the Website, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of any other information available on the Website, neither provided by us nor by any third parties. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- Third-party content. The Website may contain links to websites, services, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, websites, information, and the security and privacy practices deployed by those third parties. Please exercise your due diligence before clicking on any third-party links. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell the Kittens to you.
- Any requests for customer or technical support should be addressed to us by email at connect@purebredkitties.com or phone 877-227-3707.
- Privacy policy. Our privacy policy can be found HERE. The privacy policy explains in detail how we collect, use, protect, and disclose your personal information.
- Any new features or tools which are added to the current Website 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 our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
- The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
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Sales and Guarantees
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By purchasing a Kitten through the Website, you acknowledge and agree that:
- - Unless indicated otherwise in these Terms, all sales are final and the Kittens cannot be returned and no partial or full refunds are issued for the Kittens sold through the Website.
- - A deposit that is paid to reserve the Kitten is non-refundable for any reason, unless the Kitten has a medical problems that don’t fit the purchase.
- - At the time of the sale, the Kittens are in good health and free from any disease, as far as can be determined by us and a
- - You are responsible for ensuring that a safe and suitable home will be provided for the Kitten purchased.
- - The Kitten must be taken within 48 business hours of receiving the Kitten to a licensed veterinarian for a wellness physical exam.
- - A required stool analysis (evaluation for internal parasites) is required at your expense. If the Kitten is found to have a parasite such as giardia or coccidia, you understand that parasites are common in kittens and considered a kitten maintenance condition and we do not cover such ailments. Parasites are relatively inexpensive to treat and simple oral deworming treatments are usually once a day for 3 to 7 days. It is estimated that roughly 80% of all kittens get giardia or coccidia. Deworming though the life of your Kitten will be common health maintenance. We suggest that you take your Kitten into a licensed vet at least once a year for a wellness exam.
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IMPORTANT!Feline Coronavirus ( FCoV) and Feline Infectious Peritonitis (FIP) Customer Acknowledgement. Before purchasing the Kitten, you must know the following:
- - You understand that cats (up to 50% in single cat households and as high as 80-90% in multi-cat environments) become infected with one or more strains of feline coronavirus at some time in their lives. The majority of cats with feline enteric coronavirus (about 90% or more) remain healthy.
- - You understand that, when the feline coronavirus changes to a specific strain of the coronavirus, FIP can develop. In about 10% of infected cats, the virus will multiply and mutate, resulting in an infection known as feline infectious peritonitis virus (FIPV) that spreads throughout the cat’s body. It can cause an extreme inflammatory reaction in the tissues surrounding the abdomen, kidney, or brain.
- - You understand that FIP is fatal in almost all cases.
- - You understand that, while a FIP vaccine is available, it has not been proven effective and is not recommended by the American Association of Feline Practitioners Feline Vaccine Advisory Panel.
- - You understand that we do not cover any costs or issues any refunds in case of FCoV or FIP virus found in the Kitten unless additional Feline Infectious Peritonitis (FIP) coverage is purchased by you.
- Veterinary examination. You have 48 business hours, excluding weekends and holidays, in which to have the Kitten examined by a licensed veterinarian of your choice. If the veterinarian certifies that, at the time of sale, the Kitten was unfit for purchase due to a congenital or hereditary disorder, you have the right to return the Kitten and receive a refund of the purchase price, including sales tax, but excluding the veterinary costs related to the certification that the Kitten is unfit. You must notify us by phone at 877-227-3707 within 2 business days of the veterinarian’s determination that the Kitten l was unfit; if you do not notify us within 2 business days, you will lose the right to return the Kitten.
- If you panic and go to the emergency vet hospital you may assume all costs, unless otherwise required by law. Sometimes we can provide a simple at home remedy, which can save you a cost of hundreds (even thousands) in vet bills. Early detection is important in preventing and avoiding situations from going very bad. We strongly discourage Banfield, VCA, and any other emergency vet hospitals due to the fact that most of these types of hospitals are revenue driven corporations.
- Vaccination. Your Kitten is up to date with shots and therefore you should not vaccinate your new Kitten within the first 10 days. This will help prevent over vaccinating your Kitten. You are fully responsible for vaccinating the Kitten as required after the Kitten is obtained by you.
- Hip and patella. You understand that Kittens that are prone to hip and patella related issues require special attention to feeding and exercising. You agree not to overfeed and or over exercise the Kitten during the standard infant growth period.
- We issue a 12 month guarantee for the Kittens purchased through the Website. The 12 months guarantee breaks down as follows: First 6 months 100% credit of the base price of the Kitten if the Kitten passes away due to any genetic or hereditary defect. Second 6 months a 50% credit of the base price of the Kitten if the Kitten passes away due to any genetic or hereditary defect. A valid certificate of death with the exact cause of death from a licensed pathologist is required to prove the cause of death. The base price of the Kitten refers to the cost of the Kitten and does not include the price of shipping or other service-related fees..
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Exception from the guarantee. You understand that this guarantee does not cover any condition that may result from injury or neglect. This guarantee does not cover your existing pet(s) for parasites or viral illnesses that may have been contracted by the new Kittens. We are not responsible if your landlord, spouse, current pet, or any other individual disapprove of the Kitten. Kitten allergies to cat food, grains, grass or environment and or any other human condition are not covered by this guarantee. The following conditions are also not covered by this warranty: cherry eye, hypoglycemia, cancer, or low grade heart murmurs, retained baby teeth, or any non-lifestyle changing cosmetic genetic abnormalitiesCats are most commonly affected by a type of heart disease known as hypertrophic cardiomyopathy, in which the walls of the heart thicken and do not pump blood effectively. This can lead to heart failure. This type of heart disease can be found in cats of any age and because it is more common among some cat breeds than others, there may be a genetic predisposition and we do not give a guarantee for a hypertrophic cardiomyopathy disease for the next Breeds:
- - Sphynx;
- - Persian;
- - Scottish fold;
- - British;
- - Maine Coon; or
- - Any other breed.
- Your commitments. By purchasing a Kitten, you acknowledge that purchasing a Kitten is a responsibility that entails maintaining the health of the Kitten: frequent vet visits, proper feeding of good nutrition, vitamin supplements, and the cost thereof should be expected. You understand that vet bills, including, but not limited to, viral illness, hip issues, patella issues, cancer, spaying/neutering, undescended testes, flea control, and or any other conditions that may result and or required to keep a Kitten healthy is a financial commitment, and is your sole responsibility to pay at the time of service, unless otherwise covered by the state law. Not showing proof of proper care, including invoices to regular wellness exams, vaccinations, and such, will be considered as negligence and void this guarantee. We encourage you to spay or neuter the Kittens.
- No commercial breeding. The Kittens are being sold as companion animals and not for commercial breeding purposes, unless the breeding rights certificate is purchased.
- We cannot guarantee the temperament of the Kitten, as bad temperament can be a result due to improper socialization, discipline, and or training.
- Death or severe abnormality. In the event of death or severe abnormality the following must be done: (i) You must keep possession of the Kitten at all times (unless required to be released by any state or local law enforcement official such as Animal Control or Humane Officer); and (ii) you must call us 877-227-3707 immediately. If a death occurs, you must make an appointment for a general exam with a licensed veterinarian. If veterinarian finds no obvious signs of death, such as but not limited to blunt trauma, broken ribs, burn marks in the mouth, obstructions in the throat, buyer agrees to take the Kitten to a licensed pathologist and perform a GROSS AND MICRO NECROPSY (at your expense). You acknowledge and agree that, without a conclusive reason of death, the guarantee is null and void. Furthermore, you agree to grant permission to us to have access to the Kitten’s medical records. In the case of severe knee, elbow, or hip dysplasia within the first 30 days of possession, a 100% credit of the base price of the Kitten will be offered to the purchase of another Kitten. If you deny a replacement Kitten within 30 days of replacement Kitten offering, we will be under no further obligation and you will release us from any further claims.
- Medical bills. It is your sole responsibility to pay all veterinarian medical bills at the time of medical service. You have the right to file a claim with instructions on the Website’s warranty page for reimbursement of warranty covered ailments or conditions. We retain the right to a second opinion at our vet of choice.
- Accuracy of images. We have made every effort to display as accurately as possible the colors and images of the Kittens. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of the Kittens to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the Kittens that we offer. All descriptions of the Kittens are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue the Kittens at any time. Any offer for the Kittens made on this Website is void where prohibited.
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By purchasing a Kitten through the Website, you acknowledge and agree that:
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Shipping and Cancellation
- Shipping date. As soon as the Kitten is ready for travel, the Kitten will typically ship within 2-14 days of the date of the agreement, but sometimes a Kitten may need medical attention before shipping. The final decision of shipping date for the Kitten will be made by the veterinarian, with the health of the Kitten being the main reason for possible delay.
- Third-party vendors. Delivering the Kitten is arranged through third-party vendors. Sometimes there may be a delay for a variety of reasons, such as, but not limited to, the weather and how cold and hot it is, logistics, mechanical failures of ground or air transportation or other unforeseen events. We will not be responsible, directly or indirectly, for a delay including, without any limitation, those that may cause you inconvenience of any type of financial loss, or shall any delay be a reason to cancel the purchase of the Kitten. You understand and agree that there are no refunds for flight delays, airport delays, or flight cancellations. We are only responsible for providing the needed health certificate, vaccine records for domestic United States flights.
- Exclusion of liability for air delivery.Notwithstanding anything to the contrary herein contained in the Terms, except for claims resulting from genetic or hereditary diseases or illnesses of the Kitten, we shall not be liable for, and you shall not be entitled to bring any claim, if and to the extent that the Kitten is infected by an illness or disease because of the flight to take delivery of the Kitten. You understand and agree that the Kittens are well inspected and a health certificate provided by an experienced licensed veterinarian.
- Self pickup. You may pick up the Kitten by yourself, for which you will be given a pickup date, at our sole discretion. If you fail to pick up the Kitten on the given date, we are entitled to charge $25 per day maintenance fee from you.
- Cancellation by you. In an extraordinary situation where the Kitten is not deliverable within 90 days of original purchase, you may cancel the purchase of the Kitten by notifying us in writing via email at connect@purebredkitties.com and you understand that an administrative fee of $100 or $550 will be retained by us. If you are unable to pick up the Kitten within 5 days of the appointed pick up date, we have the right to cancel the reservation without issuing any refund of the deposit. We may request your deposit to be transferred to another Kitten, within 15 days after the reservation was cancelled.
- Refund for delays. You understand and agree that there could be a possible delay of up to 60 days from the initial delivery or pick up date. We agree to issue a refund if we are unable to deliver the Kitten within 60 days of the estimated delivery or pick-up date. In case the buyer is unable to receive the product within 90 days of the purchase and has not notified the seller, the seller has the right to cancel the order without issuing a refund.
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Governing Law and Dispute Resolution
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Agreement to mandatory individual arbitration Please read this carefully as it affects your rights. Instead of suing in court, you agree that any dispute, controversy or claim arising out of, or relating to these Terms shall be resolved by final and binding arbitration on an individual basis. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You further agree that, by accepting these Terms, you and us are each waiving the right to a trial by jury and the right to participate in any class or representative action. You agree as follows:
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The agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to:
- disputes and claims arising out of or relating to any aspect of the relationship between you and us, where based on breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before these Terms or any prior agreement (including, but not limited to , claims relating to advertising;
- claims that may arise after the termination of your relationship with us; and
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.
- The Federal Arbitration Act (“FAA”) applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless you and us agree otherwise in writing, arbitration shall be (i) administered by the American Arbitration Association (AAA”); pursuant to the Consumer Arbitration Rules then in effect (the “AAA’s Rules”); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA’s Rules can be found at www.adr.org.
- These Terms DO NOT allow class arbitrations even if the procedures of rules of the AAA would. Rather, you and us only are entitled to pursue arbitration only on an individual basis. Further, and unless you and us agree otherwise in writing, the arbitrator may not consolidate more than one individual party’s claims with any other party’s claims, and may not otherwise preside over any form of a representative or collective proceeding.You and us are each are responsible for the respective costs relating to counsel, experts, and witnesses.
- These Terms do not preclude you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief on a party’s behalf. In addition, and notwithstanding the other provisions of these Terms, either party may bring an individual action in small claims court.
- If either party fails to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with these Terms.
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The agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to:
- Choice of Law. The Terms, and any claim, controversy or dispute arising under or related to the Terms, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions that would cause the application of the laws of any other jurisdiction.
- This section 4 does not affect your rights that you may have as a consumer.
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Agreement to mandatory individual arbitration Please read this carefully as it affects your rights. Instead of suing in court, you agree that any dispute, controversy or claim arising out of, or relating to these Terms shall be resolved by final and binding arbitration on an individual basis. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You further agree that, by accepting these Terms, you and us are each waiving the right to a trial by jury and the right to participate in any class or representative action. You agree as follows:
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Fees and Payments
- The Fees. The order of the Kittens is subject to the applicable fees (the “Fees”) payable by you in accordance with the schedule of the Fees available on the respective webpage of each Kitten. By concluding a purchase contract with us (i.e., placing your order), you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as (i) they are indicated on the Website or (ii) as communicated by us. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to you and, if necessary, we will request you to provide consent to the amendments of the Fees.
- Unless indicated otherwise, the Fees exclude sales tax and duties imposed by taxing authorities. We are not responsible for covering any Internet service fees, surcharges, and other amounts incurred as a result of your use of the Website and you are solely responsible for covering such costs.
- You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Payment processing. All payments related to the Website and your orders are processed by our third-party payment processors (the “Payment Processors”). When you make a payment on the Website, the Payment Processors collect some personal data from you which allow them to make the payments requested by you (e.g., your credit card number, expiration date, billing and shipping address, and security codes). The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing. We do not have direct access to your full payment information - only a part of it is made available to us by the Payment Processors. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- Order limitation. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
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Additional Terms
- Add-ons: All add-ons, including but not limited to additional services or enhancements, are non-refundable once purchased. The client acknowledges and agrees that these supplementary features are considered final and cannot be reimbursed.
- Reservation Cancellation and Failure to Pick Up: If the client fails to pick up the reserved cat or cancels the reservation, all fees, including the reservation fee, are non-refundable. The client understands and accepts this policy as a condition of making a reservation.
- Delay in Pick-Up and Holding Fee: In the event that a client communicates a delay in the pick-up date, the company reserves the right to charge a holding fee of $25 per day per kitten. This fee is intended to cover maintenance costs during the extended holding period.
- Lack of Client Response: If a client does not respond within a period of two weeks after the cat is ready for pick-up or delivery, the company reserves the right to cancel the reservation and any associated add-on services. In such cases, no refund will be issued, and the reserved cat may be made available for other prospective buyers.
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Optional Tools
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
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Third-Party Links
- Certain content, products and services available via the Website may include materials from third-parties.
- Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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Your Comments, Feedback, and Other Submissions
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- 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 Website or any related website. You may not use a false email 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.
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Errors, Inaccuracies, and Omissions
- Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
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Prohibited Use
- In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
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Intellectual Property
- Our Most of the content made available on the Website, is owned by us, our partners, agents, licensors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to:
- Copy, distribute, rent, loan, use, lease, make available, or attempt to grant other rights to Our Content to third parties;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content; and
- Use any manual or automated means to scrape any content available on the Website.
- Third-party intellectual property. Some of the intellectual property assets featured on the Website, such as third-party trademarks, are owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
- Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available on the Website violates your or third party’s intellectual property rights, we request you to contact us and express your concerns or request us to remove the allegedly infringing content (our contact details are available at the end of the Terms). In the copyright infringement claim, please provide sufficient details allowing us to locate the allegedly infringing content on the Website. We will reply to the copyright infringement claim as soon as possible but no later than 30 calendar days.
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Disclaimer of Warranties; Limitation of Liability
- We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
- We disclaim any and all implied warranties of merchantability and fitness other than the guarantees set forth above. We do not warrant that the quality of the Kittens or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.
- You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and the Kittens (except as expressly stated by us) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, the purchase of the Kittens or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, the Kittens, or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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Indemnification
- You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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First Right of Refusal
- If for any reason, Buyer is unable to keep this kitten at any time, for any reason, Seller shall be given the right to buy the above-referenced kitten or cat for the sum of $1.00 (One Dollar). The Seller must exercise their right of first refusal within fifteen (15) days of receipt of written notice from Buyer of their desire to no longer keep the above-referenced kitten or cat.
- If Seller accepts this kitten back, at the sole expense of Buyer, the kitten shall be returned to Seller's possession and control, and Buyer shall execute all necessary documents to transfer ownership back to Seller.
- If Seller is unable to take said cat and Buyer has found an appropriate new home, Buyer will provide to Seller all pertinent information as to the placement of said cat (i.e., name, address, etc. of new Buyer).
- Under no circumstances will Seller be obligated to Buyer for a cash refund of any veterinarian costs, delivery, or original purchase price of the above-described kitten.
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Termination
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
- These Terms are effective unless and until terminated by us.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate the Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website (or any part thereof).
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Entire Agreement
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms and any policies or operating rules posted by us on this Website or in respect to the Kittens constitutes the entire agreement and understanding between you and us and govern your use of the Website, purchase of the Kittens, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- Contact Information
Address: 501 Silverside Road, Suite 87, Wilmington, DE 19809, USA
Phone: 877-227-3707
Email: connect@purebredkitties.com