ALMOST NATURAL TROPICAL FISH FOOD CONDITIONS OF USE POLICY
Acceptance of Conditions Through Use
You acknowledge that all materials available on the Site include copyrights, trademarks, service marks or patents (“Intellectual Property”) that are owned by Almost Natural Tropical Fish Food or are being used by Almost Natural Tropical Fish Food with the express written permission of the owner(s). You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, patent or other notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we or the owner may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the Site. You may only use the Intellectual Property or other materials on the Site as expressly permitted in this Conditions of Use and for no other purpose. All tropical fish images on the Site are owned by The Pet Connection Inc., and are being used on the Site with the express written permission of Animal Graphics, a Division of The Pet Connection Inc.
If you submit comments, suggestions, ideas or other communications to Almost Natural Tropical Fish Food (“Submissions”), your submission shall constitute an unrestricted worldwide license for Almost Natural Tropical Fish Food to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, FISH FOOD, BOG WOOD AND ANY OTHER ITEMS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ALMOST NATURAL TROPICAL FISH FOOD DOES NOT MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM USING ANY ITEMS OR FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ALMOST NATURAL TROPICAL FISH FOOD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ITEMS OR INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ALMOST NATURAL TROPICAL FISH FOOD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree to defend, indemnify, and hold Almost Natural Tropical Fish Food harmless from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International Use By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Almost Natural Tropical Fish Food makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country.
Choice of Law
This Conditions of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Pennsylvania, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim you may bring relating to these Conditions of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Pennsylvania, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability
This Conditions of Use constitutes the entire agreement between you and Almost Natural Tropical Fish Food with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to this site. If any provision of this Conditions of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
By placing an order on the Site, you authorize Almost Natural Tropical Fish Food or its authorized agents to collect payment from your credit card for all charges you incur. Item prices listed on the Site do not include shipping, handling, taxes or insurance, unless otherwise specified.
Almost Natural Tropical Fish Food’s goal is to accurately describe all items offered for sale on the Site; however, the Site may contain typographical errors or other inaccuracies and may not be complete or current. All item specifications, which include ingredients and weight, are subject to change without notice. Therefore, with respect to description, pricing, quantity and availability of items, and shipping and handling fees, we reserve the right to correct any errors, inaccuracies or omissions and to change information at any time without prior notice (including after you have submitted your order).