Privacy Policy and Terms of Use

Privacy Policy

Your privacy is very important to us.

Thank you for your interest in using the online services of Pet Food Express, Ltd. Your privacy is important to us and we have prepared this Privacy Policy to explain to you how we collect, use, and share information we obtain through your use of petfoodexpress.com (the “Site”). This Privacy Policy does not govern our use of any information you provide to us when you call us, write to us, or communicate with us in any manner other than through the Site. Because the Internet is global, information about you that we collect or that you submit may be transferred to, processed in, and held in countries (including the United States) other than the one in which you reside. By using the Site, you explicitly consent to such use of your information and agree to the terms of this Privacy Policy.

2. Information Collection Practices

2.1. Types of Information Collected

(a) We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use "cookies" to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Site.

(b) In order for you to access certain services that we offer via the Site, we may require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and (2) Financial Data (such as your account or credit card number).

3. Our Information Sharing Practices

3.1

(a). We use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services.

(b) We share certain categories of information we collect from you in the ways described in this Privacy Policy. We share Contact Data with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies. We also share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to us. In addition, we may combine Traffic Data with Personal Information in a manner that enables us to trace Non-Personal Information to an individual user. We do so, however, only for our own internal business purposes and will not share such combined data with third parties in a manner that would enable the recipient to personally identify you. Please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Site. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Sections 5 and 6, below.

3.2 Public Areas. Your use of areas of the Site that are intended for interaction with other users (e.g., message boards, discussion rooms, and other online forums) may allow you to post information. By choosing to use these areas, you understand and agree that anyone may access, use, and disclose any information that you post to those areas. In addition, if you are a participating shelter or rescue organization, any Personal Information you provide to enable users of the Site to contact you will be shared.

3.3 Other Disclosure Scenarios. We reserve the right to share any User Information: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person or property; (3) if we believe it is necessary to investigate, prevent, or take action regarding significant abuse of the Site’s infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of information); (4) to our, subsidiaries, joint ventures, or other companies under common control with us (in which case we will require such entities to honor this Privacy Policy); and (5) if we are acquired by or merged with another entity.

4. Cookies. We use cookies (which are small amounts of data sent from a web server to your browser that are stored on your computer’s hard drive) to keep track of your use of the Site, to validate your identity, to remember your password and preferences, to tailor the Site to meet your personal interests, and to improve the quality of the Site. In addition, third parties who place advertisements on the Site may also collect information through cookies to ensure that their advertising systems and technologies work properly and to allow them to track responses to their advertisements. Cookies set by these third parties are governed by the privacy policies of those third parties. Generally, you can set your browser not to accept cookies or to notify you if you are sent a cookie, giving you the opportunity to choose whether or not to accept the cookie. Please note that if you do set your browser not to accept cookies, certain areas of our Site may not function properly.

5. Choice/Opt-Out. We offer you the opportunity to choose not to receive communications from us. If you would like to take advantage of this opportunity, please contact us by e mail at webadmin@petfoodexpress.com. Please note that sometimes these requests may take up to ten business days to process and that we are not responsible for removing information about you from the database of any third party to whom we were authorized to disclose your User Information prior to processing your request. Even if you do take advantage of this opportunity, we reserve the right to send you administrative messages relating to the Site (e.g., about changes to this Privacy Policy).

6. Modifying and Deleting Your Information. If you would like to modify or delete from our database any User Information you previously submitted or any information you posted on the Site, please contact us by e mail at webadmin@petfoodexpress.com. Please note that sometimes these requests may take up to ten business days to process, that any User Information that we have copied may remain in back-up storage for some period of time after your request. Also, please note that we will maintain User Information in our database whenever we are required to do so by law.

7. Security. We have implemented reasonable measures to help protect your User Information from loss, misuse, or unauthorized access or disclosure. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your User Information, we cannot guarantee its security.

8. Links. The Site may contain links to other websites. We are not responsible for the privacy practices of any such other website and urge you to review such practices prior to submitting any information to such websites.

9. Children’s Privacy. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Site is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Site to children under the age of 13. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any personal information in that user's account.

10. Changes. We may update this Privacy Policy from time to time. If under any such update we make any material change to the way in which we are permitted to use your User Information, we will inform you of such change by posting a notice on the Site. Any updated version of this Privacy Policy will be effective as of the date set forth therein and your continued use of the Site after such date constitutes your acceptance of any such updates.
If you have any questions about this Privacy Policy, please feel free to contact us by email at
webadmin@petfoodexpress.com.

11. Your California Privacy Rights

Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once each calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately preceding calendar year.

To obtain this information, please send an e-mail message to _webadmin@petfoodexpress.com. with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide in response the requested information to you at your e-mail address.

Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only required information will be included in our response.

 

 

Terms of Use

Welcome to the Pet Food Express website. By accessing our website, you are consenting to the following terms of use and all corresponding legal terms that go along with it. By accessing or using this site, you agree to follow and be found by these terms.

During your use of www.petfoodexpress.com, we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Policy. For more on this, please see our Privacy Policy 

The Material on www.petfoodexpress.com is the property of Pet Food Express, Ltd.

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Pet Food Express (or to another party that has licensed their material to Pet Food Express) and is protected by United States and international copyright and other intellectual property laws.

Please Respect the Material on www.petfoodexpress.com: 

Pet Food Express’ trademarks and trade dress may not be used in connection with any product or service that is not Pet Food Express’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Pet Food Express.

The Material Included On This Website Can Be Used For Personal, Informational And Shopping Purposes Only:

Pet Food Express grants you a non-exclusive, non-transferable, revocable, limited license to view this website, and to download and/or print portions of materials retrieved from this website as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided herein, no part of www.petfoodexpress.com may be reproduced[jm2] , republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Pet Food Express.
In addition, you may not use www.petfoodexpress.com to:

- gain unauthorized access to our website, network or computer systems;

- interfere with any other person's use or enjoyment of the website;

- breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or websites connected to www.petfoodexpress.com;

- copy any portion of the website or the content except as part of an Internet service provider's incidental caching of pages or for your own personal review later; or

- "hack," interfere with or disrupt the website or any servers directly or indirectly connected with the service or promote any such activity

You agree to indemnify, defend and hold harmless Pet Food Express for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Pet Food Express and that in the event of an unauthorized use, Pet Food Express shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that Pet Food Express believes that you have violated its intellectual property rights, Pet Food Express or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

 

Disclaimer and Limit on Liability


Pet Food Express Will Do Its Best to Bring You Uninterrupted, Functional Use of its website: That said, we do not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website, app, or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.



Please understand that Pet Food Express is making this site available “as-is”, and disclaims any and all warranties, express or implied, and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or app, or any portion of this website or app; (5) your use of this website or app; or (6) your use of any equipment or software in connection with this website or app.

Third Party Websites

As a convenience to you, www.petfoodexpress.com may include links to third party websites or material which are beyond its control. Pet Food Express is not responsible for content on other websites outside of www.petfoodexpress.com. Your use of any linked is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and Pet Food Express disclaims all liability in connection with your use of a linked website.

Changes in Our Terms of Use

We are always improving and updating our website to further enhance your experience. As a result, our policies will continue to evolve. Pet Food Express reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.

Disputes and Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Alameda County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Alameda County, California. For the sake of clarity, nothing in this paragraph shall affect Pet Food Express’ ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to www.petfoodexpress.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Children

Parents should always supervise their children while online. The Pet Food Express website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on the website.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

International Use

Pet Food Express makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

Pet Food Express Community Guidelines

By engaging here, you are agreeing to be a steward of the Pet Food Express community, and thus engender the fellowship, courtesy and shared responsibility as outlined in these guidelines:

- You must be 13 or older to engage in this conversation, and if you are between the ages of 13-18, your parent or legal guardian must have reviewed our Terms and have agreed to them for you to participate.

- Language is a powerful tool - wield it carefully and respectfully. Offensive, off-color, hurtful, damaging, derogatory, provocative, insulting, abusive, harassing, ugly… remarks will not be tolerated. Period.

- Pet Food Express reserves the right to not post or remove any comments at any time for any reason. (Please note: if a portion of a comment is deemed not permissible, the entire comment will not be posted.)

- You reserve the right to flag any comment that you deem inappropriate for immediate review and likely removal by Pet Food Express moderators.

- Please keep comments on-topic - the featured Pet Food Express products and services and your experience with them or thoughts about them are the topic.

- To discuss other pressing Pet Food Express topics - general store experiences or questions, location inquiries, business inquiries, new vendor pitches, employment interests or any other customer service-related matters, please visit our Contact Us page.

- If you have questions or concerns pertaining to a specific store, please contact your [link to local Pet Food Express stores] for assistance.

- Pet Food Express employees may join in the discussion as customers, but will not address internal issues or answer questions on behalf of Pet Food Express.

Notice of Infringement Claims

Pet Food Express respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact Pet Food Express at General Counsel, Pet Food Express, 500 85th Avenue, Oakland, CA 94621 with the following information in a written notice in writing or electronically:

- A description of the copyrighted work or other intellectual property that you claim has been infringed;

- A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;

- Your address, telephone number and e-mail address;

- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Pet Food Express relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Pet Food Express with respect to such subject matter. This Agreement may not be changed, waived or modified except by Pet Food Express as provided herein or otherwise by written instrument signed by Pet Food Express. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Pet Food Express’ prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Pet Food Express may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.