Terms & Conditions

Welcome to Hyper Pet® Frisbee, Ball Launcher, Dog Toy!

These Terms and Conditions (“Terms”) govern your access to and use of our website located at hyperpet.shop (the “Site”) and our online store services (the “Services”). The Site and Services are operated by Hyper Pet® Frisbee, Ball Launcher, Dog Toy (“Hyper Pet®“, “we”, “us” and “our”).

Your access to and use of the Site and Services is conditioned on your acceptance and compliance with these Terms. These Terms apply to all users and others who access or use the Site or Services.

By accessing or using the Site or Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access or use the Site or Services.

1. Use of Site and Services

You may use the Site and Services only if you can form a binding contract with Hyper Pet® and are not barred under any applicable laws from doing so. Children under the age of 18 are prohibited from using the Site or Services.

The Site and Services are intended for users who reside in the United States. We make no claims that the Site, Services or any of their content is valid, legal, appropriate or available for use outside of the United States. Accessing the Site or Services from territories where their contents are illegal is prohibited.

You must provide accurate and complete information when interacting with the Site and Services and keep it updated. Don’t impersonate someone else or provide account information or an email address other than your own. Don’t create more than one account for yourself.

You are responsible for maintaining the confidentiality of your account and password. Don’t share your account information or lend your password to anyone else. You are responsible for all activity that occurs under your account.

Don’t use the Site or Services to do anything unlawful, misleading, malicious or discriminatory. Don’t facilitate or further unlawful schemes, upload viruses, initiate spam, or monitor our content or Services.

Don’t copy or use any graphics, photographs or text from the Site or Services without first obtaining written permission. Don’t remove any copyright, trademark or other proprietary notices contained on the Site or Services. Don’t use any illustrations, photographs, video or audio sequences or any graphics for any purpose other than permitted in these Terms.

You must abide by applicable laws and regulations and not participate in, facilitate, or further illegal activities. Engaging in conduct that violates laws or regulations may lead to termination of your account and prohibited access to our Site or Services.

Don’t post unauthorized commercial messages or advertisements. Don’t collect users’ content or information without their consent.

2. Intellectual Property Rights

Hyper Pet® owns all rights, titles and interests in the Site, Services and other Hyper Pet® products, services, content and materials. You don’t acquire any ownership rights by using the Site or Services.

The names, look, and feel of the Site and Services belong exclusively to Hyper Pet®. Don’t use any name, logo or other proprietary graphic or trademark of Hyper Pet® without our express written consent.

Hyper Pet® content is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws. You agree to abide by all applicable proprietary rights and laws. Unauthorized use of Hyper Pet® content may violate copyright, trademark and other laws and could result in criminal or civil penalties.

You may copy, reproduce, upload, download, store, display, post, transmit or distribute Hyper Pet® content only if you comply with the terms of these Terms and maintain any notices contained in the content. You must abide by any additional copyright notices or other restrictions contained in the Site or Services.

3. Purchases and Payments

If you wish to purchase any products or services made available through the Site or Services, you may be asked to supply certain relevant information, such as your credit card number, shipping address and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE.

By submitting such information, you grant Hyper Pet® the right to provide such information to payment processing third parties for purposes of facilitating the completion of purchases. Verification of information may be required prior to the acknowledgment or completion of any purchase.

Descriptions, images and details of products and services on the Site or Services are provided by Hyper Pet® and its affiliates for informational purposes only and may contain inaccuracies or errors. We make commercially reasonable efforts to accurately display such information. However, we cannot guarantee the accuracy or completeness of any product specifications or other content.

Product and service availability information is subject to change without notice. Hyper Pet® reserves the right at any time to modify or discontinue products and services without notice or liability to you. We don’t guarantee that products shown will be available for purchase.

Prices for products and services offered via the Site or Services are subject to change without notice. The price charged will be the price in effect at the time the purchase is made. Price increases will only apply to purchases made after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your purchase total and will be disclosed prior to final purchase confirmation.

Promotional codes and discounts are provided at our sole discretion and may be terminated by Hyper Pet® at any time without notice. Promotional codes and discounts can only be used once per customer and account, do not apply to gift cards, and cannot be combined with other offers. Expired promotional codes will not be valid for use.

Once you complete a purchase transaction through the Site or Services, your electronic receipt will constitute Hyper Pet®’s official confirmation of such transaction. If you pay by credit card and do not receive confirmation of your transaction, contact Hyper Pet® customer service immediately before attempting any re-purchase of the same items.

You agree to monitor your account and notify Hyper Pet® immediately of any unauthorized use. Contact Hyper Pet® if you need to update payment method information or report issues regarding charges, fraud, discrepancies or other problems. Orders cannot be changed or cancelled once submitted.

All purchases of products and services are subject to Hyper Pet®’s refund policy. We make every effort to ensure you are completely satisfied with your purchase. However, products or services purchased through Hyper Pet® that are used, damaged, or customized at your request may be excluded.

Customers are responsible for all shipping, handling and processing fees associated with returns. Shipping and processing fees are non-refundable. All refunds will be credited to the original method of payment used at time of purchase.

Hyper Pet® reserves the right to refuse or cancel any orders in its sole discretion for any legitimate reason. We may do so to prohibit unlawful activity or protect against liability, spam or abuse. If your order is cancelled, we will contact you at the email address provided during checkout. Your payment method will not be charged and you will not be contacted if an order is refused for any reason.

All payments are processed by third party payment processors. You must resolve any disputes or issues directly with your payment processor. Hyper Pet® is not responsible for issues regarding declined charges, restrictions or holds placed on your account, chargebacks or similar matters between you and payment processors.

4. Content You Provide

Any communications made available through the Site or Services, including product reviews, are intended for informational purposes. Don’t rely on reviews or other user-generated content available through the Site or Services as advice upon which you should base purchasing decisions or other decisions relating to health, finances, investments, relationships or any other matters.

You agree not to share content that contains private, personal or sensitive information about you or others. Don’t share personal health information, financial information or other confidential information that you don’t want made public. We can’t guarantee the privacy or confidentiality of any content you share.

By sharing any content via the Site or Services, you grant Hyper Pet® a perpetual, worldwide, non-exclusive, royalty-free license to copy, store, publish, display, distribute, reproduce and otherwise use the content in any way and for any purpose related to operation of the Site and Services.

You are solely responsible for all content you provide via the Site or Services. Don’t share anything that:

Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Violates any law, statute, ordinance, regulation or court order;
Is defamatory, libelous, abusive, obscene, pornographic, harassing, threatening, racially or ethnically offensive, harmful, inaccurate, misleading or otherwise inappropriate or objectionable;
Impersonates others or creates false identities for any purpose, including deception.

You must have the legal right and any consents necessary to share any content you provide. Don’t share personal information about others or yourself. Don’t promote any illegal activity or offer illegal goods or services.

Hyper Pet® takes no responsibility for any content provided by users or third parties. We have no obligation to screen, edit or monitor content and have no liability for any loss, damage or harm resulting from user-provided content.

Hyper Pet® may remove any content without prior notice for any reason. Content will be removed if it violates these Terms or is otherwise objectionable. You are responsible for creating backup copies of any content you provide if you desire to have copies.

5. Termination

Hyper Pet® may suspend, restrict or terminate your access to the Site, Services, your account or any related features at any time for any reason without notice or liability. Reasons may include, for example: violations of these Terms or our other policies; unlawful conduct; infringement of others’ rights; harming or threatening harm to others; or any other good cause.

Upon termination, all your rights under these Terms immediately cease. You may no longer access any content or data you provided. Sections 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14 and 15 will continue in full force and effect beyond termination.

Termination won’t limit any other remedies available to Hyper Pet® for violations by you of these Terms. Hyper Pet® reserves the right to investigate and prosecute violations to the fullest extent of the law.

6. Disclaimers and Limitations on Liability

THE SITE, SERVICES AND ANY PRODUCTS OR CONTENT ACCESSED, DOWNLOADED OR PURCHASED VIA THE SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND.

HYPER PET® DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION:

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
WARRANTIES RELATING TO ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS, TIMELINESS, SECURITY, FREEDOM FROM COMPUTER VIRUS AND RESULTS; AND
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

HYPER PET® MAKES NO WARRANTIES:

REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE OR SERVICES;
THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
THAT THE SITE OR SERVICES WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE;
REGARDING THE QUALITY, SAFETY AND LEGALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES; OR
THAT ANY ERRORS ON THE SITE OR SERVICES WILL BE CORRECTED.

YOU ASSUME ALL RISK OF ERRORS AND OMISSIONS IN THE SITE, SERVICES AND CONTENT. NO ADVICE OR INFORMATION GIVEN BY HYPER PET® OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY REGARDING HYPER PET® OR THE SITE, SERVICES OR PRODUCTS.

HYPER PET®, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SITE, SERVICES OR ANY PRODUCTS, SERVICES OR INFORMATION ACCESSED OR DOWNLOADED VIA THE SITE OR SERVICES.

THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGES, EVEN IF SUCH LOSS OR DAMAGES WERE FORESEEABLE OR WHERE HYPER PET® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE CUMULATIVE LIABILITY OF HYPER PET® TO YOU EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO HYPER PET® FOR PRODUCTS OR SERVICES IN THE PAST SIX MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Indemnity

You agree to fully indemnify, defend and hold harmless Hyper Pet®, its affiliates and their respective owners, directors, officers, managers, members, employees, agents, contractors and representatives from any loss, damages, liability, claim or demand (including reasonable legal fees) made by any third party due to or arising out of your use of the Site or Services, your provision of content, your violation of these Terms or infringement by you of any intellectual property or other right of any person or entity.

8. Privacy Policy

Hyper Pet® takes your privacy seriously. Please review our Privacy Policy to learn how we collect, use, and disclose information about you and the steps we take to protect your privacy. The Privacy Policy is incorporated by reference into these Terms.

9. Arbitration, Class Waiver and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES AND LIMITING THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HYPER PET®.

Arbitration. You and Hyper Pet® agree to arbitrate any dispute arising from these Terms or your use of the Site or Services. This arbitration provision is governed by the Federal Arbitration Act and will be interpreted broadly. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Judgment on the arbitrator’s award may be entered in any court with jurisdiction. This arbitration provision survives termination of these Terms. We each have the right to seek judicial confirmation of the arbitrator’s award.

Class Action Waiver. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, representative or private attorney general action or arbitration.

Jury Waiver. You and Hyper Pet® expressly waive trial by jury as to all claims and causes of action that may arise out of relating to these Terms and your use of the Site and Services.

Severability. If any parts of this Arbitration and Class Waiver section are found to be illegal or unenforceable, the remaining portions will remain in effect to the extent consistent with applicable law. If any part of this section is found to be illegal or unenforceable as to a certain claim, then that claim must be severed from arbitration and brought in court, with the remainder proceeding in arbitration.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. If a dispute arises out of or relates to these Terms, the federal and state courts located in Davidson County, Tennessee have sole jurisdiction. You consent to personal jurisdiction and waive any jurisdictional or venue defenses available.

11. Contact Information

Please contact us with any questions or concerns regarding these Terms or the Site and Services.

Hyper Pet® Frisbee, Ball Launcher, Dog Toy
Address: 100 Main St, Nashville TN 37201
Email: [email protected]
Phone: (615) 555-1234

12. Miscellaneous

Hyper Pet® contractually and expressly disclaims any partnership, joint venture, agency, or employment relationship with you. These Terms constitute the entire agreement between you and Hyper Pet® relating to their subject matter and supersede any prior or inconsistent agreements pertaining to the Site or Services.

The failure to require performance of any provision will not affect Hyper Pet®’s right to require performance any time thereafter. If a court finds any provision invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain fully effective and enforceable.

You may not assign or transfer these Terms or any rights or obligations herein without Hyper Pet®’s prior written consent. Hyper Pet® may freely assign these Terms. Any attempted assignment or transfer in violation of this section will be null and void. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

Any notices or consents permitted or required under these Terms shall be provided to: Hyper Pet® at its contact information above and you at the email address provided for your account.

No agency, partnership, employment or other relationship is created between you and Hyper Pet® as a result of these Terms.

No failure to enforce any provision of these Terms will constitute a waiver thereof or of any other provision. No waiver of any of these Terms shall be effective unless made in writing clearly stating the intent to waive the specified provision. Any waiver by Hyper Pet® of any default or breach will not constitute waiver of any different or additional default or breach.

You may not use any Hyper Pet® logo or other proprietary graphic or trademark without express written permission.

Headings and captions used in these Terms are included for convenience only and shall not be considered in interpreting any of the provisions herein.

If permitted by applicable law, you agree that regardless of any statute or law to the contrary, that any claim or cause of action arising out of or related to use of the Site or Services or these Terms shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

Thank you for taking the time to review our Terms and Conditions. We hope you enjoy using our Site and Services! Let us know if you have any other questions.