STONED KITTY TERMS + CONDITIONS
Effective Date: February 25, 2021
ACCEPTANCE OF TERMS
They create legally binding obligations, and you should review them carefully before accessing (this) Stoned Kitty Catnip's website or using any of the Services or Products offered through Stoned Kitty Catnip and www.stonedkitty.com. If you are accessing the Website on behalf of a company or other entity, you personally represent and warrant that you are authorized to bind such entity to the provisions hereof.
If you do not agree to the Terms, you may not access (this) Stoned Kitty Catnip's website: https://www.stonedkitty.com.
The Terms may be revised from time to time with or without notice, and the then-current version of the Terms will apply to any future transaction, action, or omission of you or Stoned Kitty Catnip.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website (the “Service”) operated by Stoned Kitty Catnip (“us”, "this site", "Stoned Kitty," "Stoned Kitty Catnip"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Please view our TERMS + CONDITIONS below which are marked in subsections.
Stoned Kitty Terms Sections
Stoned Kitty Catnip reserves 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
- Technical errors on Stoned Kitty Catnip processing end
- Technical errors on our Third-Party credit card processing issues (Square/PayPal/Wix)
Stoned Kitty Catnip reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. You will be prosecuted per the law in any many that is decided by state and Federal law.
AVAILABILITY, ERRORS, AND INACCURACIES
Stoned Kitty Catnip will update product and service offerings on the SHOP page/Service at our choice and at any time we decide to do. We will not be required to gain your/user consent to update our products or website SHOP pages.
Please remember that we are a small company run from a small kitchen in Detroit, Michigan. Each of our Stoned Kitty Catnip bags are individually hand-crafted specifically for your order – so therefore, it takes time to package, prep, and ship your order. Please be patient as we will do our best to have your order to you within 1 week after your original order placement - however on occasions disruptions to your order might lead to an extra week of production or shipment. Bulk orders will take a longer processing time as stated on the Store Order Form.
GOODS + ACCESSORIES + HOME PRODUCTS
Also, please note that regarding our Goods, Stoned Kitty Catnip offers limited Edition Goods and on occasions those Limited Edition Goods my sell-out while we are still advertising our products on social media outlets – we are not liable for products that may sell out but are still being advertised as some advertising subscriptions are set to run for longer periods of time that extend past the amount of products were offered.
Stoned Kitty Catnip may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Especially in cases of fraudulent behavior, Stoned Kitty Catnip has the right to terminate your course of action visiting our website should we feel you are invoking or participating in malicious behavior on Stoned Kitty Catnip website.
When you visit Stoned Kitty Catnip website (https://www.stonedkitty.com) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the 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.
Any comments, materials, or letters sent by you to Company, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), may be deemed by Company to be non-confidential and free of any claims of proprietary or personal rights. Stoned Kitty Catnip shall have no obligation of any kind with respect to such Received Materials and Stoned Kitty Catnip will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
Furthermore, Stoned Kitty Catnip is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us/Stoned Kitty Catnip for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to anyone, including you. Please note that although we are able to accept those materials or products or ideas, we will use ethical business transparency behaviors and will contact you in person should we like to use any of your submitted ideas, product inventions, or ideas for our products. If you have any questions or would like to submit anything to Stoned Kitty Catnip you can email us directly at firstname.lastname@example.org or call us: (734) 508-2726.
DESCRIPTION OF SERVICES AND PRODUCTS
Stoned Kitty Catnip may provide users with a collection of services through the out website (https://www.stonedkitty.com), which may include sharing features, chat features, message boards, polls, and surveys (collectively and individually, the “Services”). At this time, these options are NOT offered on Stoned Kitty’s website.
It also sells apparel and other items for personal use (“Products”). For purposes of clarity, the term “Services” includes all functionality made available through the Website, including any help desk system, connectivity API’s, and related support services, as well as any new features which augment or enhance the current Services and the release of new features or Products. Stoned Kitty Catnip reserves the right at any time to change or discontinue the Services or the sale of any Products with or without notice.
You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services or Products. You are responsible for any taxes imposed on the sale or use of Services or Products and applicable taxes may be added to the amount charged for Services or Products purchased on the Website.
ACCESS TO THE WEBSITE
You are responsible for obtaining access to the Services, which may require transacting with third parties, such as internet providers, including any fees related thereto.
The Service and original content, features and functionality are and will remain the exclusive property of Stoned Kitty and its licensors. This website (https://www.stonedkitty.com) is protected by copyright, trademark, and other laws of both the United States and foreign countries. These trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Stoned Kitty Catnip. If you are seeking to use any of our logos or product images or would like to share them on social media please refer to our section on this page titled SOCIAL MEDIA INFORMATION.
LICENSE AND SITE ACCESS
Stoned Kitty Catnip hereby grants you, subject to the Terms, a limited non-exclusive, non-sublicensable, non-transferable, license to use the Website and Services.
- You may not download any portion of the Website or use of any Services other than for your own personal use.
- You may not use any data mining, robots, or similar data gathering tools or otherwise exploit your access to the Services for any commercial purpose.
- You may not use any of the trademarks, logos, or other proprietary graphics without express written permission, which may be denied in Stoned Kitty Catnip’s absolute discretion. Stoned Kitty Catnip’s logos product and service names are trademarks of Stoned Kitty Catnip and Katharine McGilsky. All other trademarks appearing on the Website or in connection with the Products or Services are trademarks of their respective owners, and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
- You may not attempt to disassemble, decompile, reverse engineer, or otherwise modify or attempt to access the software, related code, or any portion of the Services.
YOUR ACCOUNT AND DATA
At this time, Stoned Kitty does not offer any services regarding accounts for users. If and when Stoned Kitty does offer personalized accounts you are/will be responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Stoned Kitty Catnip reserves the right (but does not accept any obligation) to refuse service, terminate accounts, or remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your user account. By way of example, and not limitation, you are solely responsible for the information you provide in connection with any Service.
Stoned Kitty Catnip may also include community features which you provide community content, which consists of reviews, comments, posts, blogs, images, or other items you may post on the Website. If you provide any information to us via the community features, you grant us a worldwide, unlimited, royalty-free, perpetual license to use and refer to such information for any and all purposes. At this time, Stoned Kitty Catnip does not have forum or public message boards that will allow users to communicate with each other, however, we may do so in the future.
Stoned Kitty Catnip may provide links to other websites or resources. Because Stoned Kitty Catnip has no control over such sites and resources, you acknowledge and agree that Stoned Kitty Catnip is not responsible for the availability or content of such external sites or resources.
You acknowledge and agree that shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. Stoned Kitty Catnip strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
COPYRIGHT AND LAW
The Services, Products, and all copyrights, trade secrets and other proprietary rights therein, including any derivative work, are, and will remain the sole property of Stoned Kitty Catnip, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws.
Please note that Stoned Kitty Catnip name “STONED KITTY” and our cat-face logo are both legally registered trademarks and any use without permission is punishable by law.
Stoned Kitty Catnip warrants that the Website and software related thereto do not infringe the intellectual property rights of any third-party and agree to hold you harmless and indemnify you with respect to any final judgment obtained by a third-party based on a claim that the Services infringe on the intellectual property rights of such third-party. The only third-parties that Stoned Kitty Catnip knowingly works with is PayPal, Square, and Wix.com to process our payment systems, host our website, and run our web security.
Stoned Kitty Catnip agrees that, at the time of delivery to you, the Products will conform in all material respects to the specifications posted on the Website relative to such Products and any express warranty made on the Website. You acknowledge and agree that Stoned Kitty Catnip is not responsible for damage or loss caused by your use of the Products or Services. Stoned Kitty Catnip is also not responsible for damage done by repeated use of the Products that causes damage or loss over time. In addition to this provision, please note the other warranty disclaimers and provisions below.
DISCLAIMER OF WARRANTY
STONED KITTY CATNIP DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE PRODUCTS, WEBSITE, THE SERVICES, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, AND YOU AGREE TO HOLD COMPANY FROM AND AGAINST ANY SUCH CLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. Because some jurisdictions may not allow the exclusion of implied warranties, such limitation may not apply in its entirety to Licensee. Any warranties made in the Terms are for your benefit only.
Your use of the Service that is available and sold through Stoned Kitty Catnip is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant-ability, for a particular purpose, and for a non-infringement or course of performance. This includes any results of consumption from any product or food product sold on this website or under the Stoned Kitty trademark which result in sickness, illness, or death due to consumption in both humans or animals.
Stoned Kitty Catnip is not held reliable for the use of product once it has been distributed to any customer as it is the customer’s responsibility to administer goods appropriately as described on the packaging.
Please keep all packaging away from children, infants, cats and other animals in house – also keep product hidden away after each use. Make sure all products are kept away from harmful substances and not stored in areas of houses/apartments/living quarters where the product can cause animals harm if they are administered the products or catnip or other Stoned Kitty Catnip treats.
Stoned Kitty Catnip and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service through this website is free of viruses or other harmful components; or d) the results of using the Service/Food will meet your requirements.
LIMITATION ON LIABILITY
IN NO EVENT WILL Stoned Kitty Catnip, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF $200.00.
THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY. YOUR USE OF THIS WEBSITE/PURCHASING FROM THIS WEBSITE/PURCHASING STONED KITTY CATNIP FROM OTHER SOURCES – STORES OR ON-LINE – IS YOUR ACKNOWLEDGEMENT TO THIS TERMS PAGE THAT YOU WILL NOT SUE STONED KITTY CATNIP FOR ANY REASON RELATED TO THE USE OR MISSUSE OF A PRODUCT OR GOOD FROM STONED KITTY NOR FROM THE AFFECTS OF SAID PRODUCT.
In no event shall Stoned Kitty Catnip, nor its directors, employees, owners, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, direct, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any product purchased from this website (including but not limited to our goods and catnip ingested by both humans or animals at your house/household domain), any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized and authorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
GOVERNING LAW, JURISDICTION, GDPR and CCPA
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Michigan.
Stoned Kitty Catnip complies with all applicable laws and regulations. This may require cooperation with governmental authorities with respect to information we receive from you. If we believe it is necessary, in our sole discretion, to disclose information about you to law enforcement officials or in connection with a court proceeding, you hereby consent to such disclosure. In addition, if we believe a disclosure of such information is necessary to protect our property and rights, to protect public safety, or to prevent potentially illegal or unethical conduct, we may disclose certain information, and you consent to such disclosure.
In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, or a case brought against Stoned Kitty Catnip for any reaons, it is mutually agreed that the respondent (plaintiff in federal criminal actions/petitions or claimant in civil actions) party in any/such suit brought against Stoned Kitty Catnip or it’s sole owner, Katharine McGilsky, action, proceeding or appeal shall PAY the Stoned Kitty Catnip’s reasonable attorney fees and costs incurred. By visiting this website or purchasing any products from Stoned Kitty Catnip (whether by purchasing Stoned Kitty Catnip goods from other third-party sites (Etsy, Facebook, at Karma Kat Café – in person/in-store/on-line, other sources) you are agreeing to these stated attorney fees no matter how egregious you may think them to be.
The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as Stoned Kitty Catnips final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.
No waiver of any provision of the Terms shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the Terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.
NO THIRD-PARTY BENEFICIARIES
Nothing in the Terms, express or implied, is intended to confer on any person, other than the parties to the Terms, any right or remedy of any nature whatsoever. Notwithstanding the foregoing, in the event of a dispute between a Service Requester and a Service Provider, these Terms shall be deemed binding on both parties.
SEVERABILITY; BINDING EFFECT
If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.
Stoned Kitty Catnip will not be liable for, nor be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Stoned Kitty Catnip’s reasonable control.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you/users.
You agree to defend, indemnify and hold harmless Stoned Kitty Catnip and its licensee and licensors, and their employees, owner (Katharine McGilsky), contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of
a) your use and access of the Service, results of consuming the product (whether by human or animal)
b) a breach of these Terms.
You agree to defend, indemnify and hold Stoned Kitty Catnip harmless from and against any cost, expense, fee, judgment, ruling, allegation, governmental action, or claim, including attorney fees, related to
(1) a claim brought by a third party that your use of the Services, any community features or any community content you provide infringes upon the intellectual property rights of any third party;
(2) a claim brought by a third party that your use of the Services, any community features or any community content you provide constitutes libel or slander, or any other tort; or
(3) a claim by a third party related to your use of any Product.
You agree never to sue Stoned Kitty Catnip or any employees or the owner of Stoned Kitty Catnip for any reason. Stoned Kitty is not held liable for any results of injuries or losses, whether physically or electronically or emotionally, due to a sale or your purchase of catnip or any goods affiliated with Stoned Kitty Catnip. By visiting this website you are acknowledging this.
You may create a link to Stoned Kitty Catnip or any of our media social sites so long as the link does not portray Stoned Kitty Catnip or its Products or Services in a false, misleading, derogatory, otherwise offensive manner.
You agree to remove any link if requested by Stoned Kitty Catnip, in its sole and absolute discretion, and you may not charge to remove such link. If you fail to move such link immediately, you agree to be responsible for Company’s attorney fees and court costs expended in enforcing this provision. You may not use any of Stoned Kitty Catnip’s logos, trademarks, or other proprietary graphics as part of your link unless specifically given written notice/consent from either Stoned Kitty Catnip or from Katharine McGilsky. Please note that both our cat-face and our name STONED KITTY are protected by Federal Copyright law and we will pursue theft or unacknowledged use of either copyright image to the full extent of the law.
Stoned Kitty Catnip deserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Stoned Kitty Catnip, will provide at least 30 days notice prior to any new terms taking effect.
What constitutes a material change will be determined at Stoned Kitty Catnip’s sole discretion. By continuing to access or use this site's Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service, purchase any of our products, or visit or spend time on our website.
By tagging @stonedkitty or @stonedkittycatnip in an image or the use of #stonedkitty or #stonedkittycatnip you are granting Stoned Kitty Catnip or/and Katharine McGilsky the right to view, comment, or make use of the image across ALL social media channels where Stoned Kitty Catnip will credit the respected photographer. If you send us any images of your cats enjoying Stoned Kitty Catnip products or catnip, we also reserve the right to use those images on our social media outlets or on our website.
You can find more detailed information regarding your rights and interactions with Stoned Kitty Catnip in our PRIVACY page.
(734) 508 - 2726
Last Edited on 2.25.21 by Stoned Kitty Catnip and Katharine McGilsky - owner and sole web-developer of Stoned Kitty Catnip and https://www.stonedkitty.com