Terms of Use
Please read these terms of use carefully before using this website.
These Terms of Use are an Agreement between Ware Manufacturing, Inc. (“WARE”) and users of its website (“you” or “user”). By using www.warepet.com (the “Website”), you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and agree to be bound by them in connection with your use of the Website.
Ownership. WARE owns and operates Website. All information, text, graphics, software, and other content that make up the Website are the property of WARE or its licensors. Except as expressly provided in this Agreement, nothing within the Website shall transfer any ownership interest in or license to the Website, whether by estoppel, implication, waiver, or otherwise.
License. Upon and subject to the terms and conditions of this Agreement, WARE grants you a non-exclusive, non-transferable, revocable license to access and use the Website only in the manner presented by WARE. Any use of the Website for any purpose other than stated herein is a violation of these Terms of Use and of the copyright and other intellectual property rights of WARE. Use of any part of the Website on any other website or networked computer environment is strictly prohibited.
Copyright and Trademark. You acknowledge that the Website is protected by copyright, trademark or other intellectual property rights of WARE. The name “WARE”, and associated logos are proprietary trademarks and service marks of Ware Manufacturing, Inc. Any use of any of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of WARE or the owner of the mark or name, as applicable, is prohibited.
No Affiliation; Restrictions on Use. In using the Website, you agree you will not hold yourself out as in any way sponsored by, affiliated with, or endorsed by WARE or its Brokers, Consultants, or Third-Party Administrators.
Changes. WARE reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, information or content, at any time, with or without notice or liability. WARE reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. Any modifications shall be effective upon visiting the Website. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Website after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Website. You agree that this standard for notice of modifications is reasonable.
Links to Other Internet Sites. The Website may contain links to other internet sites that are operated and maintained by third parties. You acknowledge, understand and agree that WARE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.
Links to the Website. You are prohibited from linking to any page of the Website other than to http://www.warepet.com through a plain text link in the absence of a separate linking agreement with WARE. Any website or other device that links to http://www.warepet.com or any page available therein is prohibited from (a) implying in any fashion that WARE is endorsing it or its products, (b) misrepresenting any state of facts, including its relationship with WARE, (c) presenting false information about WARE services, and (d) using any logo or mark of WARE or any of its affiliates without express written permission from WARE.
Your Information. You acknowledge that you are aware of and accept the terms and conditions of WARE’s Privacy Policy. You should be aware of the general risks of transmitting information over the Internet. While WARE attempts to prevent unauthorized tampering with our site, we cannot guarantee that these efforts will always be successful.
Your Conduct. We may adopt and revise policies from time to time governing the conduct of our users. You warrant to WARE that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement of use in any manner.
Purchases. If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Website may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions. Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.
WARRANTY DISCLAIMER. THE WEBSITE AND THE INFORMATION IT CONTAINS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WARE DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WARE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE; (2) YOUR USE OF THE WEBSITE; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT WILL WARE, ITS SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF WARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH WARE, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION AND LIMITATION.
Indemnification. You agree to indemnify and hold harmless WARE, its affiliates and their respective officers directors, agents, and employees from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of your use of the Website including without limitation, (i) your failure to comply with these Terms of Use; and (ii) your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.
General. If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from WARE shall be governed by the laws of the United States of America and the State of Arizona. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from WARE shall be brought exclusively in the United States District Court, District of Arizona, or the Superior Court of Arizona in and for Maricopa County, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. Any notice to WARE shall be given in writing and sent by certified and registered mail to Ware Manufacturing, Inc., 1439 S. 40th Avenue, Phoenix, AZ 85009, Attn: Steve Ware.
Entire Agreement. This Agreement constitutes your entire agreement with WARE and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this Agreement takes effect on your first use of the Website, and that it applies to all persons accessing the Website from your computer. If any inconsistency exist between the terms of this Agreement and any additional Terms of Use posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional Terms of Use will control.
Headings. The headings used in these Terms of Use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use.
Limitation of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.
Reasonableness of Provisions. You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this Agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, WARE has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by WARE contrary to those set forth above.