TERMS & CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.litterless.com and/or http://www.litterless.co websites (together referred to hereafter as the “Website” or “Site”), which are operated by Litterless LLC (“the Company,” “us”, “we”, or “our”).
By using the Site, you hereby warrant and represent that (i) you have read, understand, and agree to be bound by these Terms and to the Privacy Agreement outlined elsewhere on this website and (ii) if you are acting on behalf of your employer or an entity, you have the authority to accept and agree to this these Terms.
These Terms apply to all users of the Site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content. If you disagree with any part of the Terms, then you do not have permission to use or access the Website. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Section 1 - Intellectual Property
The Site and its original content, features and functionality are and will remain the exclusive property of Litterless LLC and its licensors. The Website is protected by copyright and other laws of both the United States and foreign countries. Our content, including text, site design, logos, graphics, and photographs, may not be used in connection with any product or service without the prior written consent of Litterless LLC. You may request permission to use the copyright materials on the Website by sending an email to celia (at) Litterless (dot) com.
Section 2 - Marketing Disclosure
This blog is written, edited, and published by Litterless LLC. This blog accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation.
This blog abides by word of mouth marketing standards. We believe in honesty of relationship, opinion, and identity. The compensation received may influence the advertising content, topics or posts made in this blog. The advertising space or post will be clearly identified as paid or sponsored content.
The owner of this blog is compensated to provide opinion on products, services, websites and various other topics. Even though the owner of this blog receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely the bloggers’ own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
As an Amazon Associate, we earn from qualifying purchases. We also use affiliate programs from other, smaller companies.
Section 3 - Links To Third-Party Content
Our Website may contain links to third-party websites or services that are not owned or controlled by, nor affiliated with, Litterless LLC.
Litterless LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant the offerings of any of these entities, individuals, or their online content.
You acknowledge and agree that Litterless LLC and its employees and directors 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, materials, products, or services available on or through any such third-party websites or services.
Carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party websites, materials, products, or services should be directed to the third party.
Section 4 - About the Content
The beneficial but no-cost advice shared on this Website is intended for your general knowledge only and is not a substitute for professional advice or treatment. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
Nothing provided on the Website is intended to replace any form of professional advice. If you need professional advice, then you should seek out a competent professional who can ensure you are provided aid that is specific to your situation and circumstances; such professionals include those in the medical, mental health, legal, accounting, tax, or other domains. These Terms pledge you to retain full and sole responsibility for the health of yourself and any dependents.
As applicable, the advice shared on the Service has not been evaluated by the US Food & Drug Administration (FDA). The products and methods mentioned or recommended on the Service are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 5 – Submissions
You agree, as a condition of viewing the Website, that any communication between you and us is deemed a submission. You agree to only communicate that information to us which you wish to forever allow us to use in any manner we deem fit.
If you send us creative ideas, submissions, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you make to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you.
We may, but have no obligation to, monitor, edit or remove comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
Section 6 - Indemnification
You agree to defend, indemnify and hold harmless Litterless LLC and its licensee and licensors, and their directors, employees, partners, agents, suppliers, or affiliates, from and against any and all claims, demands, 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 Website, or b) a breach of these Terms.
Section 7 - Limitation Of Liability
In no event shall Litterless LLC nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, lost profits, lost revenue, lost savings, data, use, goodwill, or any similar damages, whether based in contract, tort (including negligence, strict liability, or otherwise, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; 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 we 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.
Section 8 - 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.
Section 9 - Disclaimer
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, and course of performance.
We do not guarantee, represent or warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
Section 10 - Governing Law
These Terms shall be governed and construed in accordance with the laws of Indiana, United States, without regard to its conflict of law provisions.
Section 11 – Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. We and you agree that any ambiguity or vagueness of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
Section 12 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time when you cease using the Website and all information provided therein.
Section 13 – Mediation
You and the Company agree to mediate any dispute or claim arising between them out of these Terms and Conditions, or any resulting transaction, before resorting to arbitration. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorneys’ fees, even if they would otherwise be available to that party in any such action.
Section 14 – Arbitration of Disputes
Any and all claims and disputes in law or equity arising under or relating to these Terms and Conditions, which are not settled through mediation, shall be settled by binding, neutral arbitration in the state of Indiana or another location mutually agreeable to the parties. The arbitrator shall be a retired judge or justice, or any attorney with at least 5 years of commercial litigation experience, unless the parties mutually agree to a different arbitrator.
Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit Litterless LLC or its partners, directors, or employees from seeking to uphold and defend their rights and privileges contained in the terms of this Agreement or any other applicable agreement with its users, members, or affiliates by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act.
Section 16 – Jurisdiction and Venue
If any matter concerning this Website shall be brought before a court of law, pre- or post-arbitration, the viewer, visitor, member, subscriber, or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner’s address.
Section 17 – Personal Information
Your submission of personal information through the store is governed by our Privacy Agreement, which is available to view on the Website.
Section 18 – Changes or Modifications
Any new features or tools which are added to the current Website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.
By continuing to access or use our Site 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 Site.
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 18 - Contact Information
If you have any questions about these Terms, contact celia (at) Litterless (dot) com.
Last updated January 22, 2019.