Last updated: [SEPTEMBER 18, 2015].

Your access to and use of Kriser’s Feeding Pets for Life ("Kriser’s," "we," or "us") Kriser’s located at www.krisers.com (the "Site") is subject to the following terms of use (these "Terms of Use"). These Terms of Use form a binding agreement between you and Kriser’s, and govern your use of the Site. BY ACCESSING, BROWSING SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU DO NOT AGREE WITH OUT PRIVACY POLICY [INSERT LINK] DO NOT ACCESS, BROWSE OR USE THE SITE.

CHANGES TO THESE TERMS
The form and nature of the services, content and all information posted on the Site is subject to change without notice. In addition, THESE TERMS OF USE MAY BE CHANGED, ALTERED OR MODIFIED AT ANY TIME AND WITHOUT PRIOR NOTICE, IN KRISER’S SOLE DISCRETION. When changes are made, we will make a new copy of the Terms of Use available by posting them to the Site. We will also update the “Last Updated” date above. Any updates, revisions, or modifications will take effect when posted to the Site. You should check this page periodically for such changes. Your continued access of the Site after such changes are posted conclusively demonstrates your acceptance of those changes.

TERMINATION
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. In addition we may suspend, block and/or terminate your access to and use of this Site without notice if there has been a violation of these Terms of Use. YOU AGREE THAT NEITHER KRISER’S NOR ANY PARENT, SUBSIDIARY, OR AFFILIATE, NOR ANY OF OUR OR THEIR RESPECTIVE SPONSORS, VENDORS, LICENSORS, OR LICENSEES (EACH, AN “AFFILIATED ENTITY”) WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE, IN WHOLE OR IN PART, OR OF ANY SERVICE, CONTENT, FEATURE OR PRODUCT OFFERED THROUGH THE SITE, OR FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE. Any limitations of liability that favor Kriser’s will survive the expiration or termination of these Terms of Use for any reason.

PERMITTED USE AND RESTRICTIONS
Subject to these Terms of Use and any other terms and conditions on the Site, Kriser’s hereby grants to you the non-exclusive, revocable, limited right to access and use the Site. The Site, all of the information and materials contained herein, and the software used to make the Site available (collectively, "Content") are and shall remain the property of Kriser’s and its licensors, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You will not acquire any right, title or interest in such Content by virtue of accessing the Site or making use of the permitted uses allowed under these Terms of Use.

You are permitted to use the Site and/or the Content and/or for lawful purposes as provided in these Terms of Use only. You shall not, without Kriser’s express written consent:
• copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which the Site is being provided to you;
• use the Site to conduct or promote any illegal activities;
• attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• attempt to gain access to secured portions of the Site to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Service to stalk, harass or harm another individual;
• use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Service (including without limitation robots, spiders or scripts);
• interfere in any way with the proper functioning of the Site, or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site, the Service or the Content contained on any such web page for commercial use without our prior express written permission;
• impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• mirror or frame the Site, or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
• use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; create derivative works from the Content or commercially exploit any part of the Content in any way; use any portion of a Site or the Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other third party; or alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. 

INTELLECTUAL PROPERTY RIGHTS

The trademarks, service marks, trade names, and trade dress on and copyrights on the Site, are the property of Kriser’s or its content suppliers and protected by United States and international laws. Nothing in this Site grants you a license or right to download, use, or reproduce any trademark, service mark, trade name, logo, copyright, trade dress or other content displayed on this Site without prior written permission of Kriser’s. All other trademarks not owned by Kriser’s that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kriser’s. 

USER CONTENT

You hereby grant Kriser’s a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-paid license to (i) reproduce, create derivative works of, publicly display, publicly perform, distribute, digitally transmit, derive revenue or other remuneration from, and communication to the public all data, text, photographs, messages and other materials that you upload, post, email, transmit or otherwise make available to the Site or Kriser’s (“Your Content”), for the full term of any worldwide intellectual property right that may exist in Your Content, and (ii) use your name, image, likeness and biographical information in connection with the Site (including without limitation for the purposes of promoting the Site and Kriser’s products and services).  Kriser’s does not claim ownership of Your Content.  You warrant that (a) the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above, and (b) you have the written consent, release and permission of each and every identifiable person included in Your Content to use the name or likeness of such person and to authorize Kriser’s to store, copy, display and otherwise distribute such person(s) name and likeness in connection with the Site.  You agree that you, not Kriser’s, are responsible for all of Your Content that you upload, post, email, transmit or otherwise make available to the Site or Kriser’s.

Digital Millennium Copyright Act

Kriser’s is committed to respecting and protecting the legal rights of copyright owners.  As such, Kriser’s adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (i) be provided to Kriser’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

Kriser’s Copyright Agent to receive DMCA Takedown Notices is: email: bradkriser@krisers.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site.  You acknowledge that for Kriser’s to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

LINKS TO OTHER SITES

For the convenience of users of the Site, we may provide links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. When you click on a link to any other website or location, you will leave out Site and go to another site and another entity may collection information from you.  Kriser’s does not control or assume responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Site and any other Internet website is not and shall not be understood to be an endorsement by Kriser’s of the opinions or views expressed by the linked Internet website, or of the owner or proprietor of the linked Internet website. Please read the terms of use policies of each website that you may link to from the Site. The Terms of Use apply only to this Site, you do so at your own risk. Kriser’s reserves the right to remove any link or linking program from this Site, at any time, without notice to you.

 

FEEDBACK

 

Kriser’s does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Site, any products or services of Kriser’s or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Site (whether or not in response to a solicitation made on or through the Site), you agree that such Submission is not to be considered to be submitted 'in confidence,' that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Kriser’s has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.

DISCLAIMER

THE SITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KRISER’S AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE SITE. FURTHER, KRISER’S AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. KRISER’S AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY KRISER’SS HYPERLINKED TO THE SITE.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL KRISER’S OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER KRISER’S NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE SITE BY KRISER’S OR ANY THIRD PARTY. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE.  YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KRISER’S AND ITS AFFILIATED ENTITIES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE.  BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.  IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF KRISER’S AND ITS AFFILIATED ENTITIES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).  THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK.  THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify Kriser’s, its officers, directors, employees, affiliates, consultants, agents, shareholders, licensors, suppliers, successors and assigns and its Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, losses, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees and costs), arising out of or in any way connected with: (i) any breach or violation of these Terms of Use; (ii) your use of the Content or services available on the Site in any unauthorized manner; (iii) Your Content; or (iv) your violation, infringement or misappropriation of any rights of any other party. Kriser’s reserves the right, at its own expense to assume the exclusive defense and control of any matter subject to indemnification by you.

SEVERABILITY

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES

The failure of Kriser’s to partially or fully exercise any rights or the waiver of Kriser’s of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Kriser’s or be deemed a waiver by Kriser’s of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Kriser’s under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Kriser’s right to exercise any other right or remedy.

CONTACT US; QUESTIONS OR COMPLAINTS

Should you have any questions regarding these Terms of Use, please submit them through hi@Kriser’s-products.com

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to hi@Kriser’s-products.com. You may also contact us by writing to: Kriser’s Feeding Pets for Life LLC, 1750 14th St. Suite E, Santa Monica, CA 90404. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

GOVERNING LAW; FORUM

These Terms of Use and any dispute arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without regards to its conflicts of law principles. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH COURTS, INCLUDING WITHOUT LIMITATION ON THE BASIS OF JURISDICTION, VENUE OR INCONVENIENCE OF THE FORUM.

GENERAL

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Kriser’s. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Kriser’s discretion (in the latter two situations, via the most recent address that we have on file). The Site may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  These Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

GIFT CARD TERMS AND CONDITIONS:

Kriser's gift cards can be used at any Kriser's location.
Customers should protect the Kriser's gift card as they would cash. The card is non-refundable and cannot be redeemed for cash unless required by law. Kriser's is not responsible for and cannot replace lost, damaged or stolen cards. The card must be presented at the time of purchase and can be used for in-store purchases only. Gratuity, including for Grooming, cannot be paid via this gift card. Gift card balances are available only by visiting a Kriser's location and presenting the card. Gift card balances cannot be checked online or via telephone at this time. Use of the gift card constitiutes acceptance of these terms.