Chimpfeet User Terms and Conditions:

Welcome to the Chimpfeet.com™ website (the "Website"), where you can purchase unique gifts for pets and the people who love them at any time of the day (the "Products").

The Products offered by Chimpfeet, LLC through the Website and the use of the Website are governed by these Terms and Conditions (together with all separate documents linked to these terms and incorporated by reference, the "Terms and Conditions" or "Agreement"). By accessing or using the Website, you ("User" or "you") agree that (1) you have read and familiarized yourself with the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Website and purchase of the Products. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. These Terms and Conditions constitute the entire agreement between Chimpfeet and User regarding their subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Changes to Website and Terms and Conditions. User acknowledges and agrees that Chimpfeet may change, modify, amend, suspend or discontinue any aspect of the Website, at any time, without notice and without liability to User or to any third party. Chimpfeet reserves the right to impose limits on certain features of the Website, at any time, without notice and without liability to User or to any third party.
Further, User acknowledges and agrees that Chimpfeet may amend any or all of the Terms and Conditions (including its fees and other rules) at any time, at Chimpfeet's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged periodically to review the Terms and Conditions posted on the Website. Use of the Website constitutes acceptance of the Terms and Conditions, including any amendments thereto. The Terms and Conditions were last revised on May 1st 2006.

Registration and Eligibility. The Website is only available to persons with the legal capacity to enter into this Agreement. To that end, the Website is intended for use by persons over 18 years of age. Users under the age of 18 should obtain assistance from a parent or guardian before using this Website or purchasing any Product. Chimpfeet may, at its sole and absolute discretion, refuse to accept your registration, and may, at any time after accepting registration, refuse to permit a User's continuing use of the Website for any reason or no reason at all. Tampering with the Website, misrepresenting the identity of a User or conducting fraudulent activities on the Website are prohibited.

Electronic Communications. When you visit Chimpfeet.com or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Password and Security. After you register to use the Website, you will be prompted to select a Password. Your User ID will be the e-mail address that you enter when you register. To retrieve a lost or forgotten Password, click on this link forgotten password. User agrees that it shall immediately notify Chimpfeet in writing or by electronic mail of any unauthorized use of its User ID or User Password.

User Information. User will provide information to Chimpfeet during the registration process (the "User Information") and may keep such information current by clicking on the following link my account. User represents and warrants: (1) that all User Information is accurate and complete at the time of registration, and (2) that User information will be continuously updated such that the User Information shall at all times be current, accurate, and complete.

Safety and Privacy Policy. The terms of the Chimpfeet Privacy Policy, as it may be amended from time to time in Chimpfeet's sole discretion, are incorporated by reference into these Terms and Conditions. User is encouraged periodically to review the Chimpfeet Privacy Policy posted on the Website at privacy policy.

Order Acceptance/Confirmation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Chimpfeet reserves the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you registered or placed the order. All orders placed on this site are subject to product availability and will be shipped according to Chimpfeet's shipping policies.

Paying for Your Order. When you order Products using this Website, you authorize a charge to your credit or debit card in exchange for those Products. Where applicable, all Product purchases will include sales tax and shipping charges, and you agree to pay such sales taxes unless you provide your state tax-exempt certification prior to your purchase. If your credit card is declined, you dispute a charge without good reason, or otherwise fail to pay for Products you have purchased, you agree to pay all Chimpfeet's reasonable costs in collecting such amounts and in enforcing this Agreement, including its reasonable attorneys' fees.

Product Descriptions and Images. The Website attempts to display Product images and to describe the Products as accurately as possible. However, we cannot guarantee that such Product descriptions are accurate, complete, reliable, current, or error-free, or that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using. If a Product offered by Chimpfeet is not as described, your sole remedy is to return it in its new, unused condition.

Product Orders/Services. For information on how to place an order with Chimpfeet, please see the "How to Order" page posted on the website at how to order. For information on the various services offered by Chimpfeet, please go to the gift reminder service and gift wrapping service pages posted on the website. The terms of such pages, as they may be amended from time to time in Chimpfeet's sole discretion, are incorporated by reference into these Terms and Conditions.

Product Shipping/Returns Policy. All Product purchases are subject to the Chimpfeet Shipping & Returns policy posted on the Website at shipping and returns. The terms of that policy, as it may be amended from time to time in Chimpfeet's sole discretion, are incorporated by reference into these Terms and Conditions.

Termination. Chimpfeet expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Website by any person or entity, at the sole discretion of Chimpfeet, for any reason or no reason at all, and without prior notice. You may terminate your account at any time with or without cause by giving notice of such termination to Chimpfeet as provided in these Terms and Conditions. If your credit card or other payment is declined for any reason, you commit fraud or engage in any other dishonest conduct, or if you dispute or refuse to pay a Chimpfeet charge for any reason, such matters will be considered a material breach of these Terms and Conditions, and Chimpfeet may terminate your account immediately, without notice or liability to you.

Links to Third Parties. The Website may provide links to the websites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by Chimpfeet of such Third-Party Sites, or the products, content, materials or information presented or made available by such Third-Party Sites. These websites operate independently of Chimpfeet and have established their own terms and conditions and policies. For the best online experience, we strongly encourage you to review these policies at any website you visit. User acknowledges and agrees that Chimpfeet is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Third-Party Sites.

Downloading Information/Material. User hereby releases Chimpfeet, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Website.
Choice of Law; Consent to Jurisdiction. This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of California, without regard for conflict of laws provisions. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California located in Riverside County.

Warranty Disclaimers. THE WEB SITE, INCLUDING ALL SOFTWARE, CONTENT, FUNCTIONS, MATERIALS, [PRODUCTS] AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHIMPFEET DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CHIMPFEET MAKES NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. IF USER IS DISSATISFIED WITH THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE. CHIMPFEET MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS PURCHASED OR OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CHIMPFEET OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on the length of an implied warranty, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.

Indemnification. By using this Website you agree to defend, indemnify, and hold harmless Chimpfeet, its licensors and their respective officers, directors, employees, contractors and agents from all liabilities, damages, losses, costs, claims, and expenses, including attorney's fees, that arise from: (a) any content transmitted by you or any user of your account; or (b) any use or misuse of this Website by you or any user of your account. Chimpfeet reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Chimpfeet in any reasonable way, including asserting any available defenses.

Limitation of Liability. IN NO EVENT WILL CHIMPFEET, ITS AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS PAID BY USER TO CHIMPFEET. IN NO EVENT WILL CHIMPFEET BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS ARISING OUT OF USER'S USE OF OR INABILITY TO USE THE WEBSITE, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF CHIMPFEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure: Chimpfeet shall have no liability whatsoever or lose any rights under this Agreement as a result of delay or failure in performance caused by any third party, including any Chimpfeet vendor, or force majeure, that is, circumstances beyond the reasonable control of Chimpfeet, including, without limitation, acts of God, fire, flood, war, government action, strikes, lockouts or other serious labor disputes, power outages, or shortage of or inability to obtain merchandise or equipment.

Notices. Notices shall be given:

Notices to User shall be deemed to have been received 24 hours after the email is sent. Notices to Chimpfeet shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.
If you wish to contact us, please click on this link contact us.
Assignability. Chimpfeet shall be entitled to assign this Agreement or any of its rights under this Agreement in its sole discretion. User shall not be entitled to assign, sublease, sublicense, sell, offer for sale, encumber or otherwise transfer or dispose of its rights under this Agreement, in whole or in part, without Chimpfeet's prior written consent.

Waiver. The failure of Chimpfeet to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Miscellaneous. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions. A party will not be liable for nonperformance or delay in performance (other than with respect to payment obligations) caused by any event reasonably beyond the control of such party, including, but not limited to, acts of war (declared or undeclared), Acts of God, acts of terrorism, fire, strike, labor difficulties, acts or omissions of any governmental authority or of another party, compliance with government regulations, insurrection or riot.

Ownership of Intellectual Property. All trademarks, trade names, service marks, logos, tag lines, content, text, graphics, product descriptions, images, company names and other proprietary information, including but not limited to the terms "Chimpfeet", "Chimpfeet.com" and the Chimpfeet monkey design (collectively, the "IP") used in this Website are the property of Chimpfeet, or its third party vendors/affiliates and are and shall remain the property of Chimpfeet and such third parties. Nothing contained in the Website shall be construed as granting, by implication or otherwise, any license or right to use any IP displayed on the Website without the written permission of Chimpfeet or such third party that may own the IP displayed on the Website. Your use of any IP displayed on the Website is strictly prohibited.

© 2006 Chimpfeet, LLC. All rights reserved.