STONED KITTY TERMS + CONDITIONS

Effective Date:  January 1, 2020

 

ACCEPTANCE OF TERMS

Stoned Kitty Catnip (“Company”), which owns and operates www.stonedkitty.com, and you enter into this agreement subject to the following Terms of Use, as well as the terms set forth in our Privacy Policy (together, the “Terms”). The Terms govern your contractual relationship with Company, including but not limited to your use of Company’s website, https://www.stonedkitty.com/ (“Website”), as well as your use of the Services and Products (defined below), if any. They create legally binding obligations, and you should review them carefully before accessing the Website or using any of the Services or Products. 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 the Website. 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 the Company. Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.stonedkitty.com website (the “Service”) operated by Stoned Kitty Catnip (“www.stonedkitty.com”, "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.

 

PURCHASES

If you wish to purchase any goods or products made available through the Service (“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, honest, correct and complete.  The Service 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 www.stonedkitty.com the right to provide the information to these third parties subject to our Privacy Policy (see www.stonedkitty.com's Privacy Policy here: www.stonedkitty.com/privacy).

 

www.stonedkitty.com 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.  www.stonedkitty.com 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

www.stonedkitty.com will update product and service offerings on the SHOP page/Service. The site may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be miss-priced, described inaccurately, or unavailable on the Service and www.stonedkitty.com cannot guarantee the accuracy or completeness of any information found on the Service or with the parties affiliated with the hosting, domain support and checkout interfaces including (but limited to) PayPal shopping cart. Therefore, www.stonedkitty.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

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.  Please be sure to contact us at info@stonedkitty.com.

 

TERMINATION

Stoned Kitty/www.stonedkitty.com 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.
 

COMMUNICATIONS

When you visit the Website 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. Company shall have no obligation of any kind with respect to such Received Materials and Company 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, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company 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.
 

DESCRIPTION OF SERVICES AND PRODUCTS

Company may provide users with a collection of services through the Website, 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. Company 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.

INTELLECTUAL PROPERTY
The Service and original content, features and functionality are and will remain the exclusive property of Stoned Kitty and its licensors. The Service 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 www.stonedkitty.com.

 

LICENSE AND SITE ACCESS
Company 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 Company’s absolute discretion. Company’s logos product and service names are trademarks of Company. 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.  You may not use any of the Products in any manner to create any similar items that may compete with the sale of the Products.  Please note that Stoned Kitty Catnip is also a legally registered trademark and any use without permission is punishable by law.

 

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. Company 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. The Website may include community features which may include features by 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.

LINKS
Company may provide links to other websites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability or content of such external sites or resources.  This Service may contain links to third party web sites or services that are not owned or controlled by Stoned Kitty.  www.stonedkitty.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.  

You acknowledge and agree that www.stonedkitty.com 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.  www.stonedkitty.com 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 TITLE
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 Company, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws. The Terms confer no title of ownership in the Services and are not a sale of any rights in the Services or Products, including any intellectual property rights related thereto. You agree to be bound by the provisions of the Privacy Policy with respect to Copyright.

WEBSITE WARRANTY
Company 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.

PRODUCT WARRANTY
Company 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 Company is not responsible for damage or loss caused by your use of the Products or Services.  Company 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
EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 9 and 10 OF THIS AGREEMENT, THE WEBSITE, SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  COMPANY 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 (www.stonedkitty.com) 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, 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. Stoned Kitty Catnip (www.stonedkitty.com) and it's subsidiaries, affiliates, and it's 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 COMPANY, 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.

In no event shall www.stonedkitty.com, 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 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 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 www.stonedkitty.com 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 California, 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.  Company 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.   To the extent the General Data Protection Regulation in Europe (“GDPR”) and/or the California Consumer Privacy Act (“CCPA”) apply to Company, Company complies with such laws.  Our commitments in regard to those laws are set forth in our Privacy Policy.

ATTORNEY FEES
In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.

ENTIRE AGREEMENT; AMENDMENT
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 the parties’ 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.

NON-WAIVER
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.

FORCE MAJEURE
Stoned Kitty Catnip will not be liable for, or 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 Company’s reasonable control.

EXCLUSIONS

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.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless www.stonedkitty.com and its licensee and licensors, and their employees, 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) or b) a breach of these Terms.  You agree to defend, indemnify and hold Company 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 or any employees of Stoned Kitty 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.  


LINKING POLICY 
You may create a link to the Website so long as the link does not portray Company or its Products or Services in a false, misleading, derogatory, otherwise offensive manner. You agree to remove any link if requested by Company, 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 Company’s logos, trademarks, or other proprietary graphics as part of your link.

 

CHANGES
Stoned Kitty Catnip (www.stonedkitty.com) deserves the right, at it's sole discretion, to modify or replace these Terms at any time. If a revision is material www.stonedkitty.com will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at www.stonedkitty.com'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.

 

Social Media
By tagging @stonedkitty or @stonedkittycatnip in an image or the use of #stonedkitty or #stonedkittycatnip you are granting Stoned Kitty Catnip or/and www.stonedkitty.com 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. 

 

You can find more detailed information regarding your rights and interactions with www.stonedkitty.com in our PRIVACY page. 

 

If there are any questions regarding this TERMS or CONDITIONS INFORMATION PAGE you may contact the owner of www.stonedkitty.com using the information below:

www.stonedkitty.com/terms 

info@stonedkitty.com

 

Last Edited on 1.1.20 by Stoned Kitty Catnip, owner and sole web-developer of www.stonedkitty.com

Visit our PRIVACY POLICY page for more information and for our Q+As 

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2886 12 Mile Rd. Unit# 725114 Berkley, MI 48072-9998   |   info@stonedkitty.com

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 We've updated our PRIVACY POLICY to comply with the California Consumer Privacy Act ("CCPA")

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Cats that have heart conditions, are less than eight weeks old, are pregnant or nursing should not ingest catnip