Liability and Warranty Disclaimer
{THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Fido & Fuzzy AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.}
Fido and Fuzzy generally acts as an ecommerce marketplace to introduce sellers of pet products with potential buyers of pet products. In limited situations, Fido and Fuzzy, may sell certain pet products by retail sale. Regardless of whether Fido & Fuzzy is acting as an ecommerce marketplace or as a retailer of pet products, Fido & Fuzzy does not manufacture or inspect any of the pet products for sale through its website. Accordingly, Fido and Fuzzy makes no representations about the suitability, reliability, availability, timeliness of delivery, accuracy of information relating to the pet products, representations of pet products by manufacturers, software, warranties (if any) and services (if any) related to any of the pet products sold through its website. You, as the buyer, hereby agree and acknowledge to release and indemnify Fido & Fuzzy, and its owners, members, agents, representatives, officers or directors, successors, assigns and heirs, including any affiliated entities and its owners, members, agents, representatives, officers or directors, successors, assigns and heirs, from any and all liability, whether arising in contract, tort or statute, associated with the purchase, shipment, delivery and use of the pet products through the Fido & Fuzzy website. You, as the buyer, further agree and acknowledge to release and indemnify Fido & Fuzzy, and its owners, members, agents, representatives, officers or directors, successors, assigns and heirs, including any affiliated entities and its owners, members, agents, representatives, officers or directors, successors, assigns and heirs, from any and all damages, whether arising in contract, tort or statute, and due to loss or destruction of personal property, destruction of real property, bodily injury (to humans or pets) or death (to humans or pets) associated with the purchase, shipment, delivery and use of the pet products through the Fido & Fuzzy website.
YOU AS BUYER, FURTHER ACKNOWLEDGE AND AFFIRM, THAT FIDO & FUZZY, EXCEPT AS PROVIDED HEREIN OR BY STATE OR FEDERAL LAWS, HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES (EXPRESS AND IMPLIED), IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES FOR MERCHANTABILITY. ALL PET PRODUCTS SOLD PURSUANT TO FIDO & FUZZY WEBSITE ARE SOLD “AS IS”. NO ORAL STATEMENTS BY ANY PERSON, MANUFACTURER, SALESMAN OR ANY EMPLOYEE OF FIDO & FUZZY MAY MODIFY OR CHANGE THIS DISCLAIMER OR EXCLUSION. NO TERM OF ANY PURCHASE ORDER OR OTHER FORM FROM THE SELLER OR MANUFACTURER SHALL MODIFY OR CHANGE THIS DISCLAIMER OR EXCLUSION.
EXCEPT AS PROVIDE HEREIN OR BY STATE OR FEDERAL LAW, IN NO EVENT SHALL FIDO & FUZZY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PET PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT OR STATUTE, EVEN IF FIDO & FUZZY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.