Terms and Conditions

The Canine Sciences website is operated by Canine Sciences, LLC. The content and products (“Products”) available on this website or advertised on the website but purchased by phone are provided to you by Canine Sciences, LLC, and its affiliates and licensors (hereafter, “Canine Sciences,” “us”, “our”, “we”), subject to the following Terms and Conditions (“Terms”).

Please read these Terms carefully before accessing or using our website. By (1) accessing this website, (2) interacting with Canine Sciences, and/or (3) purchasing Products offered on this website, you are acknowledging that you have read, understand, and agree to be bound by these Terms, including those additional Terms and policies referenced herein. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the Terms of this agreement, then you may not access or use the website in any manner whatsoever.

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 site. Please refer to our Privacy Policy for the Children’s Online Privacy Protection Act (“COPPA”) Disclosure.

 

Updates to Terms and Conditions

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to our website. When any such changes are made, we will update the “Last updated” date shown at the conclusion of this section. 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.

 

Use of Site and Products

You agree to use this website and our Products only for lawful, non-commercial purposes, and in compliance all applicable international, federal, state, and local laws. This includes but is not limited to copyright laws.

You may not use this website or our Products: to solicit others to perform or participate in any unlawful acts; 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 based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; 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 service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape website contents; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to block your access to the website and to pursue other legal remedies for violating any of these prohibited uses.

 

Prohibition on Resale

Our Products may not be resold by unauthorized distributors, resellers, and/or retailers, without our prior express written consent. You agree that any Products purchased on this website are for non-commercial use only and not purchased for resale. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may restrict access to this website from any individual or entity that we suspect is attempting to resell our Products without authorization, and we reserve the right to pursue violators by applicable legal means.

 

Return Policy

We offer a 90-Day money back warranty on our Radiant Canine product purchased through our website. The warranty begins on the day your product is shipped, and expires ninety (90) calendar days after the shipping date. You will be responsible for any shipping charges incurred in returning the product(s). Your refund will be processed once your returned product(s) has arrived at our shipping facility. To arrange for a return, please contact our Customer Service at 855-4CANINE (855-422-6463) or by email at WeCare@CanineSciences.com

 

Accuracy of Account and Billing Information

All customers must provide a valid physical address, or USPS Post Office Box, in order to receive any Products ordered from this website.

You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your physical address, your email address, and your credit card information, when that information changes, so that we can complete your transactions and contact you as needed.

If you purchase or attempt to purchase Products from us using false information and/or using credit card or billing information of a third party without due authorization, such actions shall constitute fraud, and shall be subject to full prosecution by law.

 

Right to Limit Sales

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, or to limit the sales of our Products to any geographic region or jurisdiction. 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 may exercise these rights on a case-by-case basis. In the event that we make a change to or cancel an order you have placed, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

 

User Generated Content

You may be provided a means to provide us, either via this website or otherwise, information that may include comments, text, data, images, videos, sound, links to contents hosted elsewhere, and/or other material (collectively, “User Content”). If you choose to submit any User Content, it will be deemed non-proprietary and non-confidential, and we may use such User Content without restriction.

You agree that your User Content 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 service or any related 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.

By posting, sending, submitting, uploading, or otherwise providing any content, information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us the unrestricted, perpetual, royalty-free, worldwide, irrevocable, transferrable, and non-exclusive right and license to use, modify, adapt, publish, translate, create derivative works from, improve, or display such User Content (in whole or in part), and to incorporate it in other works in any form, media, or technology, for marketing or any other purposes, without any further consent by you and without any notice, credit, or compensation to you or to any third parties. We shall also have the right but not the obligation to use your geographic location and your name (including your photograph, social media handle(s) or imagery, or other identifying information), if provided in connection with User Content, in connection with any use or publication of your User Content. We may sublicense these rights to the User Content to other parties, including to affiliates and third party technology and service providers, at our sole discretion. We are not responsible for any user’s misuse or misappropriation of any User Content that you provide on this website.

We may, but shall have no obligation to, monitor, edit or remove content that we determine in our sole discretion may be defamatory, libelous, obscene, offensive, pornographic, threatening, unlawful, threatening, or otherwise objectionable, or that may violate any party’s intellectual property or these Terms.

 

Personal Information

Your submission of personal information through the posting of User Content or through other use of our website is governed by our Privacy Policy. To view our Privacy Policy you may click on the Privacy Policy link at the bottom of each page of the website.

 

Technology Platform

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our Products and services to you.

You understand that your content (not including credit card information), may be transferred unencrypted and may 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.

 

Modifications to Products and Pricing

The descriptions and availability of the Products on this website may vary based on timing and your geographic location. All descriptions of Products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, delays in availability, or discontinuance of the Products.

 

Site Contents

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We shall make reasonable efforts to correct any errors, inaccuracies or omissions that we become aware of. We reserve the right to modify or cancel orders without prior notice in the event that any information on the website is inaccurate and such inaccuracy, in our sole opinion, creates a material problem with the order.

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. We encourage anybody with questions on their dog’s health to speak with their veterinarian. We believe that the information provided through this website is accurate, but any reliance on the material on this site is at your own risk, and we cannot be responsible if information made available on this site is not accurate, complete or current.

 

Third Party Content and Products

This website and/or other communications from us may include links to or content from third parties. We are not responsible for examining or evaluating the content or accuracy of third-party content, 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 parties. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third party Products should be directed to the third-party.

 

Claims Regarding Copyright Infringement – Notice

If you are a copyright owner or an agent thereof and believe that any User Content or other content on this Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To do so, provide our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which should be disabled, and details reasonably sufficient to permit us to locate that material;
3. Information by which we can contact you, such as your name, address, telephone number, and your email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that all of the information in your notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of the owner or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is: DMCA Agent, c/o Canine Sciences, LLC, 8 The Green, Suite #4305, Dover, DE 19901; or email at legal@CanineSciences.com. Note that only DMCA notices should be directed to the Copyright Agent noted above; other communications should be directed to our customer service department at WeCare@CanineSciences.com

You acknowledge that if you fail to comply with each of the notice requirements set forth above, your DMCA notice may not be valid.

After receiving a notification of infringement, we will process and investigate the claim and we will take appropriate action pursuant to the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and any applicable reference or link to material or activity that is claimed to be infringing. We will also take reasonable actions to promptly notify the user that we have removed or disabled access to such material.

 

Claims Regarding Copyright Infringement – Counter-Notice

If you provided User Content that was removed (or to which access was disabled), and you believe such User Content is not infringing or that you otherwise have authorization to post and use the content in your User Content, you may send a written counter-notice to the Copyright Agent listed above. Such counter-notice must contain the following information:
1. Identification of the User Content that has been removed or to which access has been disabled, and information on where the User Content appeared before it was removed or access to it was disabled;
2. A statement under penalty of perjury that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content removed or disabled;
3. Your name, address, telephone number, and email address;
4. A statement that you consent to the jurisdiction of the federal district court in Los Angeles, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
5. Your physical or electronic signature.

If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content, or cease disabling access to it, within ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, within fourteen (14) business days after the Copyright Agent’s receipt of the counter-notice, at our sole discretion.

 

Intellectual Property and Trademark Rights

This website and all of its contents including but not limited to text, photographs, images, illustrations, graphics, video material, audio (including musical compositions and sound recordings), software, logos, trademarks, tradenames, titles, characters, names, and icons, excluding User Content (collectively, “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The Proprietary Material is owned by us, and Canine Sciences owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You acknowledge that you do not acquire any ownership rights by downloading or copying Proprietary Material.

Except as otherwise provided in these Terms or with our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, participate in the transfer or sale, copy, post, enter into a database, upload, transmit, modify, or in any way exploit the Proprietary Material or any portion thereof, for any purpose or by any means, methods, or process now known or later developed.

Without limitation, modification of the materials appearing on this website or use of such materials for any purpose is a violation of our copyright and other proprietary rights.

 

Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the website is at your sole risk.

In no event will Canine Sciences or any person or entity involved in creating, maintaining, marketing, or distributing the website or the Products be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the website, Products or out of the breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content and Products on the website.

We do not have any obligation to verify the identity of any person posting to or otherwise using this website. We shall not be liable whatsoever for identity theft or any misuse of your identity or information.

We do not make any warranty as to the results that may be obtained from use of the website, nor as to the accuracy, reliability, content, or results of any information, service or Products described on the website. This shall include User Content. This website and all Products and services described on the website are (except as expressly stated by us in these Terms) 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.

As with the purchase of Products or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through this website. We encourage you to seek the advice of professionals, in particular your veterinarian, to help you evaluate any and all information contained or referenced within this website, and to discuss any matters regarding the health and safety of your pets.

We may make third-party Products or services available on this website or in our communications to you, but we do so without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.

The disclaimers of liability contained in this section apply to any damages or injury caused, directly or indirectly, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

In no case shall Canine Sciences, 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 the website or any Products described in the website or sold by the website, or for any other claim related in any way to your use of the website or any Products, 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 or any content or Products posted, transmitted, or otherwise made available via the website, even if advised of their possibility. The limitation of liability applies to (i) the individual purchasing the Product or services or relying on the website content, and (ii) the animal that said Products, services or website content is used for or upon. 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.

To the fullest extent permitted by applicable law, you and Canine Sciences, LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action.

We do not endorse, warrant, or guarantee any Products or services offered through this website or in our communications with you, with the sole exception being the money-back guarantee provided in connection with our Products as described in the ‘Return Policy’ section of these Terms. We will not be a party to or in any way monitor any transaction between users and third-party providers of Products or services.

In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem whatsoever related to Products that are described on this website, you agree that your sole remedy, if any, is to seek a return and refund for such Products in accordance with the policies posted on this website. You further agree that any cause of action or claim that you may have with respect to your use of this website or any contents or Products obtained, purchased, or downloaded from this website must be commenced no later than one year after the event giving rise to the claim or cause of action arose.

Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through either the content on the website or use of any Products advertised or sold on the website.

In absolutely no circumstances will our liability to you, if any, shall exceed the total amount you paid to us during the one year period before the event giving rise to the claim, cause of action, or liability.

 

Indemnification

By using this website, you agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective managers, members, officers, directors, affiliates, employees, interns, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to attorneys’ fees and expenses, arising from or in connection with your use of this website or any Products available on or through this website, the uploading, posting, communicating, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms, our Privacy Policy or any other policy posted from time to time on this website applicable to your use of this Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

 

Governing Law

We welcome visitors to this website from all parts of the world; however, all visitors acknowledge that this website, and all content and Products available on and through this Website, are governed by the laws of the United States of America and the laws of the state of Delaware. We do not represent that the content or Products on this website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with any applicable local laws. By using this website, you agree that the laws of the state of Delaware, excluding its conflict of laws rules, and these Terms, our Privacy Policy and any other policies posted from time to time on this website shall govern your use of this website, its content and the purchase of any Products. Your use of this website, its content and the purchase of any Products may also be subject to other local, state, national, and international laws.

You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to this Website, its contents or the Products, shall resides in the courts of the County of Kent, Delaware. You further agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the County of Kent, State of Delaware, in connection with any such claim or dispute.

 

Other Terms

All Products are shipped from the United States. Customers shall be wholly responsible for the payment of any applicable import, export, excise duty, customs, VAT and/or other taxes and fees.

These Terms and any policies or operating rules posted by us on this website shall constitute the entire agreement and understanding between you and us, and shall govern your use of the website and any Products purchased from us, and shall supersede 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.

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.

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 unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms at any time. Captions and section headings used in these Terms are for convenience only. All necessary provisions shall survive any termination of these Terms for any reason. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of these Terms will otherwise remain in full force and effect. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any of our rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and allowed under applicable law.

Any questions about these Terms should be directed to us at Legal@CanineSciences.com

 
 

Last Updated: August 1, 2019