For purposes of the Terms of Service, the following defined terms shall have these meanings: (i) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as wireless devices; (ii) "Site" shall mean this set of interconnected internet web pages, including the homepage, that have been prepared and maintained as a collection of information by BDN Pet Foods; (iii) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by BDN Pet Foods, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works, designs, logos, information, and other content made available through the Site; (iv) "Site Code" shall mean any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; and (v) "User Account" shall mean any account created by you through a registration process in which you provide information identifying yourself to BDN Pet Foods''s operating systems for the purpose of accessing or using certain Services.
License to Use the Site
BDN Pet Foods grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your use only for the sole purpose of placing an order for products with BDN Pet Foods, by way of a computer connected to the Site over the Internet, provided that you comply fully with these Terms of Service. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these Terms of Service and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Service or by law.
Changes to Site and/or Terms of Service
BDN Pet Foods shall provide notice to you of any material change to the Site or the Terms of Service in accordance with all applicable laws, rules and regulations. BDN Pet Foods shall be solely responsible for determining the materiality of any change to the Site or the Terms of Service. BDN Pet Foods may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to any physician or email address you have provided to BDN Pet Foods.
Changes in Site Ownership
Ownership of Trademarks, Copyrights, and Intellectual Property
The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to and owned by BDN Pet Foods and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. The intellectual property includes works that are licensed to and by BDN Pet Foods . Copyright 2010, BDN Pet Foods . ALL RIGHTS RESERVED. Unless expressly permitted in writing by BDN Pet Foods, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other website, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use"). Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of BDN Pet Foods and/or its licensors and content providers and constitutes a violation of these Terms of Service. Any violation of copyright laws may be subject to severe civil and criminal penalties.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BDN Pet Foods disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BDN Pet Foods does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BDN Pet Foods does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
BDN Pet Foods is pleased to hear from its customers and welcomes your comments regarding BDN Pet Foods products and services, including this Site. Unfortunately, however, BDN Pet Foods''s company policy does not allow it to accept or consider creative ideas (including operating ideas, designs, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by BDN Pet Foods might seem to others to be similar to their own creative work.
If, at our request, you send or post (i.e., via contests) certain specific submissions, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so anyway (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the exclusive property of BDN Pet Foods. None of the Submissions shall be subject to any obligation of confidence on the part of BDN Pet Foods, and BDN Pet Foods shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, BDN Pet Foods shall exclusively own the copyright and all now known or hereafter existing rights to the Submissions of every kind and nature and BDN Pet Foods shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. In addition, you warrant that your Submissions do not violate any person''s so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that, in no event, shall BDN Pet Foods''s total liability exceed $500. You agree to indemnify BDN Pet Foods for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the Terms of Service.
Services and Rules for Use
Registration and Acceptance of Terms
In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services ("Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at BDN Pet Foods''s sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of your password. We urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify BDN Pet Foods of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. BDN Pet Foods shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.
Guidelines for Use of the Services
You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services. Listed below are some, though not all, violations that may result in BDN Pet Foods terminating or suspending your User Account and/or access to BDN Pet Foods Services. You agree not to do any of the following actions while using any BDN Pet Foods Service:
In an attempt to provide increased value to our Site visitors, the Site may frame, and/or contain links to or advertisements about, non-BDN Pet Foods websites. Other websites may also reference, advertise, or link to the Site. BDN Pet Foods does not endorse or sponsor non-BDN Pet Foods websites and is not responsible for the content of such unaffiliated non-BDN Pet Foods websites. BDN Pet Foods expressly disclaims any statements or assertions made on non-BDN Pet Foods websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements. The Site may also contain links to or advertisements about websites affiliated with BDN Pet Foods. BDN Pet Foods has no control over these linked sites, all of which have separate privacy and data collection practices, independent of those of BDN Pet Foods. These linked sites are only for your convenience and therefore you access them at your own risk.
Non-United States Residents
BDN Pet Foods makes no representation that the Site Content, including products or merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You understand and agree that BDN Pet Foods may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard any and all Submissions submitted by you, for any reason. BDN Pet Foods may also, in its sole discretion and at any time, discontinue this Site or Services or limit or restrict any user''s access thereto, for any reason. You understand and agree that BDN Pet Foods may take any one or more of these actions without any notice to you, prior or otherwise. Should BDN Pet Foods take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information. You understand and agree that BDN Pet Foods shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.
BDN Pet Foods does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, BDN Pet Foods 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.
BDN Pet Foods reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BDN Pet Foods in its sole discretion. BDN Pet Foods shall comply with all applicable laws and shall report users to applicable law enforcement agencies, as necessary.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DC or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
THE SITE, SITE CONTENT, SITE CODE, AND SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BDN Pet Foods DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BDN Pet Foods DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE OR SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. BDN PET FOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE OR THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BDN Pet Foods) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, AND SERVICES, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BDN Pet Foods BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT OR SITE CODE, EVEN IF BDN Pet Foods HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE BDN Pet Foods TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, BDN Pet Foods SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BDN Pet Foods''S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO BDN Pet Foods, IF ANY, FOR ACCESSING THIS SITE.
You agree to indemnify, defend, and hold harmless BDN Pet Foods, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys'' fees and legal costs, resulting from any violation of these Terms of Service or any activity related to your User Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your User Account.
In the event that a BDN Pet Foods product is mistakenly listed at an incorrect price, BDN Pet Foods reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BDN Pet Foods reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BDN Pet Foods shall issue a credit to your credit card account in the amount of the incorrect price.
All sales of BDN Pet Foods products or merchandise are final. If your order is incorrect, incomplete or does not meet the specifications of your purchase, BDN Pet Foods will refund or replace your order (excluding shipping fees). Incomplete products should be notified within a week. Quality issues should be notified within a month by email. In any other case, and after a written consent from BDN Pet Foods, a restocking fee of 20% and effective shipping costs will be charged.
Once an order is placed, please refer to the following shipping schedule.
Orders placed before 12pm ET on:
If available in stock, the next business day, else as soon as possible.
Risk of Loss
Title to products or merchandise passes from BDN Pet Foods to you upon delivery by BDN Pet Foods of such products or merchandise to a common carrier. Loss or damage that occurs during shipping by a common carrier is your responsibility.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BDN Pet Foods''s copyright agent (listed below) the following information, in writing:
BDN Pet Foods''s copyright agent for notice of claims of copyright infringement is:
Carlo K. Van Bael
BDN Pet Foods.
1121 Industrial Parkway, Suite D
Brick, NJ 60654
By this notice, BDN Pet Foods seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. Section 512(c) or elsewhere in the law of the United States or any state or territory within the United States.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflicts of law provisions. You hereby submit, through use of the Site, to the exclusive jurisdiction of the courts of the State of New Jersey and of any United States courts located within Ocean County, New Jersey for purposes of any and all litigation arising out of the use of this Site, or the purchase of any products or merchandise made through this Site. You waive any objections to the forum of Ocean County, New Jersey for lack of venue, forum non conveniens, or any other jurisdictional ground.
Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
The Site is controlled and operated by BDN Pet Foods, from its offices within the State of New Jersey, United States. Use of this Site constitutes your consent and submission to service of process under applicable United States or New Jersey law and to personal jurisdiction in a court of competent jurisdiction in the State of New Jersey for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or the Site or any Service.
If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Failure by BDN Pet Foods to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service.
Compliance with Laws
You agree to comply with all applicable laws, rules and regulations in connection with your activities under this Terms of Service, including without limitation the applicable regulations of the United States Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, and the Site Code are not exported in violation of the United States laws.